Immigration Law Considerations

Can the U.S. Federal Government Bar Entry into the U.S. to a U.S. Citizen without a U.S. Passport?

By · April 21, 2014 · Updated June 20, 2026

Can the U.S. Federal Government Bar Entry into the U.S. to a U.S. Citizen without a U.S. Passport?

This is a most interesting question that affects many millions of individuals who have lived most all of their lives outside the U.S.  They typically have a passport from their home/residence country, but have not taken steps to obtain a U.S. passport.

The U.S. federal regulations seem clear in their requirements.  See, the Department of Homeland Security and Department of State published regulations in 2008.

Does a U.S. citizen have a Constitutional right to be permitted to enter into the U.S., notwithstanding these regulations?

See, Coming to America. . . Accidental Americans Beware – The Law Requires a U.S. Passport!

More to come on this topic.

Patrick W. Martin

Patrick W. Martin

U.S. International Tax Lawyer · Shareholder, Chamberlain Hrdlicka

Patrick W. Martin is a U.S. tax lawyer licensed in California, Texas, and Washington, D.C., with 32+ years advising on the tax consequences of renouncing U.S. citizenship or abandoning lawful permanent residency. He served as lead counsel in Aroeste v. United States, the landmark federal case on green card holders, tax treaties, and the exit tax. Best Lawyers in America® (Tax Law), 2015–2025.

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