Mr. Coleman. Could you tell us the circumstances in which the State Department feels it can refuse a passport based upon the regulations?
Mr. Chayes. Yes; there are some fairly regular categories of refusals under that section. The first is a violation of a travel restriction. As you know, the section has from time to time placed certain areas out of bounds for travel by U.S. citizens without a specially validated passport.
I think, yesterday, Mr. Dulles read into the record, from the Oswald passport, the then applicable area restrictions. And if a person having a passport violates these restrictions, let's say travels to Communist China without a specifically validated passport, we regard that as warranting the withdrawal of the passport under section 51.136.
Now I have to say that I think in one case, the case of William Worthy, a withdrawal of a passport under those circumstances was sustained. However, when he later traveled without a passport, and then reentered the country without a passport, which is a violation of the passport laws as they read on the books, he was indicted and prosecuted in the district court, convicted, and on appeal the conviction was reversed on the ground that it was unconstitutional to make reentry, without a passport, an offense. That case has not been appealed to the Supreme Court.
Mr. Coleman. Is that the case that was in the Fifth Circuit?
Mr. Chayes. I think so.
Mr. Coleman. It came up from the Federal District Court in Florida?
Mr. Chayes. New Orleans, it came up from New Orleans.
Mr. Dulles. This applies to American citizens of course?
Mr. Chayes. American citizens. Only American citizens can get passports. When we are dealing with aliens, we are in the visa area.