Ruth Shipley: Pioneer of Passport Denials

Recently, I reviewed an intriguing article about the long-standing tradition of passport denials by US officials.

Dr. Jeffrey Kahn, the article’s author, reveals that the US State Department’s current practice of refusing passports to suspected terrorists or those with alleged terrorist sympathies has a historical precedent.

The Power of One: Mrs. Ruth Shipley

For decades, a single State Department official, Mrs. Ruth Shipley, had the power to approve or deny passports without judicial oversight. This was much like today’s terrorist watchlists and government controls.

Mrs. Shipley led the State Department’s Passport Division from 1928 to 1955. She personally reviewed every passport application. Her decision was final, because until a 1958 Supreme Court decision, passport denials weren’t subject to judicial review.

From the Past to the Present

Today, although passport issuance can be contested in court, individuals on the FBI’s Terrorist No Fly List can’t leave or re-enter the United States by air. The Transportation Security Administration, which handles appeals, often refuses to confirm or deny list inclusion, disclose reasons for inclusion, or provide future travel assurances. This leaves affected individuals unable to travel by air.

Challenging a No-Fly List status is daunting, as appeals can only be brought in a US federal court of appeals, presenting significant procedural and evidentiary hurdles. A notable lawsuit by a Malaysian student placed on the No-Fly List in 2006 has already been reviewed twice by the US Court of Appeals for the 9th Circuit.

Recently, a district court judge rejected the Obama administration’s attempt to use secret evidence to dismiss the case. The government is expected to invoke the “State Secrets Privilege” to prevent the lawsuit from progressing.

Recognizing Ruth Shipley’s Influence

In 1954, Ruth Shipley was nominated for the Presidential Medal for Merit for her policy of refusing passports to individuals deemed a threat to US interests.

The No-Fly List is seen as a modern extension of Shipley’s methods, potentially violating national and international laws, including the Universal Declaration of Human Rights, which the US ratified in 1992.

“Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country.”

This is a reminder on the importance of having a second passport in case of being placed on the No-Fly List.

Need Help?

Since 1984, we’ve helped more than 15,000 customers and clients protect their wealth using proven, low-risk domestic and offshore planning. To see if our planning is right for you, please book in a free no-obligation call with one of our Associates. You can do that here.