,,ii  #aaith ,,congress  #ast ,session  
,s4 #cefh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ah1 
#bjbe,mr4 ,markey introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend the    
,immigration and ,nationality ,act to   
provide individuals approved for        
naturalization with the right to        
complete the naturalization process1 and
 for other purposes4  #a4 ,short title  
,this ,act may be cited as the          
,naturalization and ,oath ,ceremony     
,protection ,act4  #b4 ,right to        
complete naturalization after approval  
7a7 ,in general ,chapter #b of title    
,,iii of the ,immigration and           
,nationality ,act 7#h ,u4,s4,c4 #adba et
 seq47 is amended by inserting after    
section #ccg the following3  #ccg;,a4   
,right to participate in naturalization 
ceremony  7a7 ,guaranteed completion of 
naturalization  7#a7 ,in general ,except
 as provided in paragraph 7#b71 an      

applicant whose application for         
naturalization has been approved under  
section #cce shall have the right-- 7,a7
 to appear at a scheduled naturalization
 ceremony2  7,b7 to take the oath of    
allegiance under section #ccg2 and  7,c7
 to receive a certificate of            
naturalization4  7#b7 ,limited exception
  7,a7 ,in general ,an applicant may be 
barred from participating in a          
naturalization ceremony only if1 after  
the approval of the application for     
naturalization and before the           
administration of the oath of           
allegiance1 the ,secretary of ,homeland 
,security determines1 based on          
individualized and articulable facts1   
that-- 7i7 the applicant is statutorily 
ineligible for naturalization under this
 ,act2 or  7ii7 the approval was        
procured by fraud or willful            
misrepresentation of a material fact4   
7,b7 ,procedural protections ,in the    
case of a determination under           
subparagraph 7,a71 the ,secretary of    

,homeland ,security shall-- 7i7 provide 
written notice to the applicant stating 
the specific factual and legal basis for
 the determination2  7ii7 except in     
exigent circumstances1 ensure service of
 such notice to the applicant not later 
than #aj days before the date on which  
the naturalization ceremony concerned is
 scheduled2  7iii7 provide an           
opportunity for the applicant to submit 
a written response2 and  7iv7 ensure    
that the determination is subject to    
supervisory approval by an officer not  
involved in the original adjudication of
 the application for naturalization4    
7b7 ,prohibited bases for exclusion from
 ceremony ,an applicant for             
naturalization shall not be delayed1    
excluded1 or removed from a             
naturalization ceremony on the basis    
of-- 7#a7 nationality1 country of       
origin1 or place of birth2  7#b7        
inclusion in a categorical review1      
pause1 or heightened-risk designation   
that is not based on individualized     

adjudication2 or  7#c7 the initiation or
 existence of a generalized policy1     
directive1 or internal guidance that is 
not related to the individual           
eligibility of the applicant4  7c7      
,emergency exception ,in extraordinary  
circumstances involving a specific and  
credible threat to national security    
posed by an individual applicant for    
naturalization1 the ,secretary of       
,homeland ,security may postpone        
administration of the oath of allegiance
 for not more than #cj days1 if written 
notice and individualized findings are  
issued to the applicant not later than  
#gb hours before the scheduled          
naturalization ceremony4  7d7 ,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 #caj7;c7 of this ,act and       
chapter #g of title #e1 ,united ,states 
,code4  7e7 ,enforcement and remedies   
7#a7 ,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 action4  7#b7     
,attorneys' fees ,a prevailing applicant
 in an action to enforce rights under   
this section shall be eligible for      
reasonable attorneys' fees and costs4   
7#c7 ,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 section1 the      
,secretary of ,homeland ,security shall 
schedule a new naturalization ceremony  
for the applicant1 which shall occur as 
soon as practicable but not later than  
#aj days after the date on which the    
court issues an order in such action4   
7f7 ,rulemaking and nondelegation  7#a7 
,prohibition on secret or informal      
policies ,the ,secretary of ,homeland   
,security may not implement any policy1 
guidance1 or directive affecting        
participation in naturalization         

ceremonies unless such policy1 guidance1
 or directive is-- 7,a7 published in the
 ,federal ,register2 and  7,b7          
consistent with this section4  7#b7 ,no 
waiver ,the rights established by this  
section may not be waived by regulation1
 internal memorandum1 or ,executive     
directive4  4  7b7 ,clerical amendment  
,the table of contents for the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja et seq47 is amended by  
inserting after the item relating to    
section #ccg the following3  ,sec4      
#ccg;,a4 ,right to participate in       
naturalization ceremony4  4