Most Passports are Legally Defective: A Statutory Analysis of the DS-11 Application*

1. The Operational Separation of Entities under 22 U.S.C. § 213

The execution of a United States passport application under 22 U.S.C. § 213 establishes two distinct legal capacities that operate on entirely separate tracks of status and allegiance:

1. The Applicant: This is the administrative federal entity—the “citizen of the United States” as contemplated under 5 U.S.C. § 552a(a)(2). This specific track represents a standard domestic entity tied directly to federal government systems of records.
2. The Subscriber: This is the natural person—a state citizen whose legal status is rooted in the Law of Nations rather than federal statutory definitions. Under 22 U.S.C. § 456(f), the subscriber owes only a temporary allegiance to the United States when physically present within the federal domain.

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2. The Commercial Alignment with 5 U.S.C. § 552a(a)(2)

An individual defined under 5 U.S.C. § 552a(a)(2) encompasses specific commercial classes managed by federal revenue regulations. Within the internal revenue system, this administrative individual is always handled as an “employee” through one of two regulatory tracks:

1. The Standard Track: If the individual is a common-law worker receiving standard compensation, they are defined as an employee under 26 CFR § 31.3401(c)-1.
2. The Coordinated Track: If the individual is an independent contractor or general contractor, the statutory fiction created by 26 CFR § 31.3406(h)-2(f) artificially pulls them into the exact same category. Specifically, paragraph (f)(5) states that “Employee includes a payee of any reportable payment,” while paragraph (f)(4) mandates that “Wages includes the gross amount of any reportable payment.”

Therefore, for federal administrative and tax purposes, anyone receiving reportable commercial payments is legally redefined as an employee receiving wages.

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3. The Failure to Meet the Method of Application

A natural state citizen acting under the Law of Nations operates completely outside both federal commercial tracks:

1. They are not a standard common-law employee under 26 CFR § 31.3401(c)-1.
2. They are not a coordinated commercial payee/employee under 26 CFR § 31.3406(h)-2(f)(5) receiving reportable compensation under IRC §§ 6041 or 6041A.

Because the subscriber fits neither class, they have never met the underlying terms, conditions, or the explicit “method of application” specified under 26 CFR § 31.6011(b)-2 and 20 CFR § 422.103(a) to be authorized or issued a standard Social Security number.

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4. The Enforcement of a Defective Instrument

When a subscriber is forced to execute a passport application as if they were a statutory 5 U.S.C. § 552a(a)(2) Applicant, they are compelled to input a standard identification identifier that does not factually apply to their natural status.

Under 26 CFR § 31.3406(h)-1, entering an identifier under these circumstances constitutes the use of an “obviously incorrect taxpayer identification number.”

According to 26 CFR § 31.3406(h)-1 and 26 CFR § 301.6039E-1, an obviously incorrect number is not legally recognized as a valid Social Security number. This immediate regulatory failure strips the DS-11 application of its absolute statutory mandate: providing a “true recital of each and every matter of fact” required by 22 U.S.C. § 213.

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Final Conclusion: Why the Resulting Passport is Void Ab Initio

To maintain a true recital of fact under 22 U.S.C. § 213, a subscriber who does not belong to the federal commercial classes must utilize 000-00-0000 on the face of the application. Providing any other number in the Social Security number field creates an unresolvable legal conflict through two false presumptions:

1. False Claim of Status: It purports that the subscriber is acting as a statutory federal individual under 5 U.S.C. § 552a(a)(2) (noting that statutory Immigration and Nationality Act aliens are completely excluded from passport eligibility).
2. False Commercial Presumption: It falsely declares that the individual is an employee receiving reportable payments under 26 CFR § 31.3406(h)-2 or IRC §§ 6041/6041A, when their true tax home is an abode in a real and substantial sense under 26 CFR § 301.7701(b)-2(b).

Because a valid passport cannot spring forth from a factually false and legally conflicted application, any entry of an obviously incorrect taxpayer identification number renders the underlying DS-11 void. It logically follows that the resulting passport is legally conflicted on its face, statutorily defective, and void ab initio (from the beginning) as a matter of law. Any prior passport issued under these false commercial presumptions is defective and must be returned to the Department of State for proper correction.