S. 3568 — Naturalization and Oath Ceremony Protection Act

This section establishes new INA §337A guaranteeing that applicants whose naturalization applications have been approved under INA §335 (i.e., Form N-400 approval by USCIS) have the right to attend a scheduled naturalization ceremony, take the Oath of Allegiance under INA §337, and receive a certificate of naturalization. The section permits barring an approved applicant from the ceremony only if the Secretary of Homeland Security determines, based on individualized facts post-approval but pre-oath, that the applicant is statutorily ineligible or the approval was obtained by fraud or misrepresentation—with procedural protections including written notice of specific basis (served no later than 10 days before the ceremony except in exigent circumstances), opportunity to respond, and supervisory review by an uninvolved officer. It prohibits exclusion from ceremonies based on nationality, country of origin, or birthplace; non-individualized categorical reviews, pauses, or designations; or generalized policies unrelated to individual eligibility. In extraordinary national security circumstances posing a specific credible threat by an individual applicant, the Secretary may postpone the oath for up to 30 days with notice and findings issued no later than 72 hours before the ceremony. Denials or postponements constitute final agency action subject to judicial review under INA §310(c) and the Administrative Procedure Act; violations are unlawful withholding actionable by mandamus, with prevailing applicants eligible for attorneys’ fees and prompt rescheduling of the ceremony no later than 10 days after a court order. Policies affecting ceremonies must be published in the Federal Register and consistent with this section, with no waiver permitted by regulation, memorandum, or executive directive.