Naturalization and Oath Ceremony Protection Act

“337A. Right to participate in naturalization ceremony

“(a) Guaranteed completion of naturalization

“(1) In general—Except as provided in paragraph (2), an applicant whose application for naturalization has been approved under section 335 shall have the right—

“(A) to appear at a scheduled naturalization ceremony;

“(B) to take the oath of allegiance under section 337; and

“(C) to receive a certificate of naturalization.

“(2) Limited exception

“(A) In general—An applicant may be barred from participating in a naturalization ceremony only if, after the approval of the application for naturalization and before the administration of the oath of allegiance, the Secretary of Homeland Security determines, based on individualized and articulable facts, that—

“(i) the applicant is statutorily ineligible for naturalization under this Act; or

“(ii) the approval was procured by fraud or willful misrepresentation of a material fact.

“(B) Procedural protections—In the case of a determination under subparagraph (A), the Secretary of Homeland Security shall—

“(i) provide written notice to the applicant stating the specific factual and legal basis for the determination;

“(ii) except in exigent circumstances, ensure service of such notice to the applicant not later than 10 days before the date on which the naturalization ceremony concerned is scheduled;

“(iii) provide an opportunity for the applicant to submit a written response; and

“(iv) ensure that the determination is subject to supervisory approval by an officer not involved in the original adjudication of the application for naturalization.

“(b) Prohibited bases for exclusion from ceremony—An applicant for naturalization shall not be delayed, excluded, or removed from a naturalization ceremony on the basis of—

“(1) nationality, country of origin, or place of birth;

“(2) inclusion in a categorical review, pause, or heightened-risk designation that is not based on individualized adjudication; or

“(3) the initiation or existence of a generalized policy, directive, or internal guidance that is not related to the individual eligibility of the applicant.

“(c) Emergency exception—In extraordinary circumstances involving a specific and credible threat to national security posed by an individual applicant for naturalization, the Secretary of Homeland Security may postpone administration of the oath of allegiance for not more than 30 days, if written notice and individualized findings are issued to the applicant not later than 72 hours before the scheduled naturalization ceremony.

“(d) Judicial review—A denial or postponement of a naturalization ceremony under this section shall constitute a final agency action subject to judicial review under section 310(c) of this Act and chapter 7 of title 5, United States Code.

“(e) Enforcement and remedies

“(1) Mandamus authority—Failure to administer the oath of allegiance to an approved applicant in violation of this section shall be considered an unlawful withholding of agency action.

“(2) Attorneys’ fees—A prevailing applicant in an action to enforce rights under this section shall be eligible for reasonable attorneys’ fees and costs.

“(3) Prompt rescheduling of naturalization ceremony—In the case of an applicant for naturalization who prevails in an action to enforce his or her rights under this section, the Secretary of Homeland Security shall schedule a new naturalization ceremony for the applicant, which shall occur as soon as practicable but not later than 10 days after the date on which the court issues an order in such action.

“(f) Rulemaking and nondelegation

“(1) Prohibition on secret or informal policies—The Secretary of Homeland Security may not implement any policy, guidance, or directive affecting participation in naturalization ceremonies unless such policy, guidance, or directive is—

“(A) published in the Federal Register; and

“(B) consistent with this section.

“(2) No waiver—The rights established by this section may not be waived by regulation, internal memorandum, or Executive directive.”