10 signatures reached
To: Senator Alex Paddilla
US Citizens Have A Right to Travel and to Safe Return
We propose the creation of a federal law that explicitly protects citizens rights:
Every US citizen has the right to freedom of movement across state borders within the US. Every US citizen has the right to leave from and return to the US. Any question concerning a US citizen's movements must be addressed through due process.
Why is this important?
According to the 14th Amendment, Section 1 of the Constitution of the United States:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
We believe that this is a wise and proper law, foundational for a truly fair and democratic nation. We agree that it should be the duty of every law maker and every law enforcer in the land to abide by this amendment and this section without exception.
This law has also been assumed to protect the right of return by US citizens. When a US citizen leaves the US, they have a right to freely re-enter their country, and can expect due process of law if there is any question about the circumstances of their return.
In Kent v. Dulles, 357 U.S. 116 (1958), a landmark decision of the U.S. Supreme Court on the right to travel, Justice William O. Douglas, held that the federal government may not restrict the right to travel without due process:
"The right to travel is a part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment. If that 'liberty' is to be regulated, it must be pursuant to the law-making functions of the Congress. ... Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, ... may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values."
Under current federal actions, we believe that our travel rights need to be made explicit. We have a right to travel from and return to the US, just as surely as we have a right to freedom of speech. We should not feel in danger simply for returning to our country. We should clearly have the right NOT to be locked out or locked up by our country upon re-entry without a fair hearing.
- We have family, who we love, that we have a right to visit and even cohabit with when they are in other countries. This right strengthens good international relations.
- We wish to enrich our understanding of the world, and bring those insights back to our country.
- We hold strong feelings for a beautiful country of ocean shores, rivers, forest, mountains, and plains. These places are part of what has made us who we are. These are why we call the US our homeland.
- And we most assuredly want to rejoin family and friends at home, and thereby are present to comfort and support them.
- We also demand the right to be part of the great good that we as US citizens, regardless of our differences, can offer ourselves and the world when we act as one community of generosity and kindness.
Over 8 million US citizens live abroad. This is of significant concern to our expatriates.
(World Population Review: American Expats by Country 2025)