Section 203: Unless otherwise provided in section 201, the following shall be nationals, but not citizens, of the United States at birth: (a) a person born in an outlying possession of the United States of parents one or both of which are nationals, but not citizens, of the United States: NOTE. Clarifies the section to clearly show that nationality is to be conferred upon a person born in such circumstances of one national and one alien parent. (c) A child of unknown parentage found in an outlying possession of the United States unless shown prior to attaining twenty-one years of age not to have been born in such outlying possession. NOTE. For the same reason as 201 (f). Section 204: The provisions of section 201 (c), (d), (e), and (g), and 203 (a) and (b) hereof apply, as of the date of birth, to a child born out of wedlock, provided the paternity is established during minority, by legitimation, acknewledgment, or adjudication of a competent court. NOTE.-Second paragraph of section 204 as introduced will not be needed if the provisions of acquisitions of citizenship and nationality at birth are modified as recommended. Proposed change adds acknowledgment by parent which should be sufficient; it might be desirable to have acknowledgments supported by reasonable proof, but that is probably implied in the sense of the section. As this provision is drawn in the pending bill an illegitimate child born abroad of an American mother is in a better position than the legitimate child born abroad of an American mother and alien father; there seems no sound basis for this anomaly. Section 205: A person born outside of the United States and its outlying possessions of parents one of whom is a natural-born citizen of the United States who has not resided in the United States or one of its outlying possessions prior to the birth of such person, or is a naturalized citizen of the United States, unless otherwise specifically provided for in this chapter, shall not be a citizen of the United States at birth, but shall be admitted to the United States as a nonquota immigrant for permanent residence without reference to the immigration laws at any time prior to attaining twenty-one years of age, and shall have special naturalization privileges hereinafter provided in chapter III of this act. NOTE.-Inasmuch as it was the sense of the committee that a person born abroad of parents one of whom is a natural- born citizen who has not resided in the United States or a naturalized citizen and the other of whom is an alien, should not be citizens at birth but should have special privileges for speedy naturalization. The foregoing provisions do not belong in section 201; nor technically at any place in chapter II. It seems desirable to draft and submit the section in order to clarify the position of the committee, but it is hardly necessary to include the section in the act as it shall be passed. The important element in this connection is to be sure that chapter III amply provides for such persons. In this respect the committee should be sure that sections 312, 313, and 314 are adequate to cover the situation. Also there should be a provision in chapter III (rather than in chapter II) authorizing the admission of such children at any time prior to attaining 21 years of age without reference to the immigration laws. Section 302: No change suggested. Section 304: No change suggested. Section 305: After the word "organization," line 3, add the words "which to his knowledge entertains and teaches" (eliminating the words "entertaining and teaching"). Also add after the words "who advocates," this new language: "the overthrow of this Government by force or violence or who advocates." Section 306: No change suggested. Section 307: (a) No change suggested. (b) Absence from the United States for a continuous period of one year or more, or absences from the United States totaling more than one year during the period for which continuous residence is required for admission to citizenship immediately preceding the date of filing the petition for naturalization or during the period between the date of filing the petition and the date of final hearing, shall break the continuity of such residence, etc. NOTE. The words italicized have been added in order to make it clear how much of the required residence period may be spent outside the United States. (c) No change suggested. (d) No change suggested. Section 308: No change suggested. Section 309: (a) No change suggested. (b) In the second and third lines of the first paragraph of section 309 (b) eliminate the words "or shall hereafter." NOTE. In view of section 310 these words would seem to have been included by mistake. (c) No change suggested. (d) No change suggested. Section 310: No change suggested. Section 311: No change suggested. Section 312: As will be clear from section 313, the nationality code, like the act of May 24, 1934, deals more kindly with the children of aliens than with those one of whose parents is or was an American citizen. We recommend that if nothing better can be done for them, this category of children be included under section 313. Section 313: Approved with the recommendation that it be changed so as to include the foreign-born child, one of whose parents was an alien and the other a natural-born citizen who has not lived in the United States prior to the birth of the child, or a citizen of the United States by naturalization. Section 314: The language “upon compliance with the applicable procedural provisions of the naturalization laws” needs clarification. How long must such a child have lived in the United States? Will he have to prove good moral character and attachment to the principles of the Constitution, etc., and if so, how? What about the oath of allegiance? As a minor he cannot take such an oath, can he? Section 315: In this section, as in 314, the language "upon compliance with the applicable procedural provisions of the naturalization laws" needs clarification. In subsection (6) the words "in the United States" should be eliminated. NOTE. The requirement that the child must have been adopted before reaching the age of 16 and must have lived in the United States at least 2 years before steps have been taken for its naturalization would seem to safeguard United States interests. There seems no reason for insisting that adoption take place in the United States. It may be to the child's interest to have it take place in his native country. Section 316: (a) Strike out the words "who was born a citizen of the United States or" and insert after the word "otherwise" the words "than by birth." Also strike out all of 316 (a) (2). NOTE. The above changes make this section applicable only to foreignborn persons who acquired American citizenship by naturalization of a parent or by their own naturalization, or by marriage to an American citizen, but who subsequently lost it through marriage to an alien. As there seems no reason why such foreign-born persons should have American citizenship restored to them unless they intend to reside permanently in the United States, we recommend that subdivision 2 of section 316 (a) be struck out. (b) (1) Strike out the words "and whose marital status with such alien has or shall have terminated." NOTE.-By eliminating these words all women who were American citizens at birth but who lost the citizenship solely by reason of marriage to an alien prior to September 22, 1922, shall, if they have not acquired a foreign nationality by affirmative act other than such marriage, be restored to American citizenship by merely taking an oath of allegiance. The present procedure prescribed for such expatriated women whether living abroad or in the United States, is cumbersome and wasteful and serves no useful purpose. Section 317: In view of the Supreme Court's recent decision in the Elg case, it would seem this section could be eliminated. Section 318: We recommend the elimination of this section. A minor child who resides in the United States at the time of the cancellation of his parent's naturalization and who continues to reside therein till after majority should be deprived of American citizenship through such cancellation only in case the cancellation is because of fraud. Section 319: In lines three and four change the date to July 1, 1925, and at the end of the section add the following language: "Provided, That unlawful entry subsequent to July 1, 1925, while under the mistaken belief of citizenship shall not affect a person's right to naturalization hereunder if otherwise qualified." NOTE.-Very few women would be able to profit by this section if the date is left as July 1, 1920. Having exercised the right to vote in good faith but erroneously is the action which most frequently enables an alien to qualify under this section. It was not till 1919 women were given suffrage. Section 320: No change suggested. Section 324: No change suggested. Section 325: In line 8 of 325 (a) substitute for the words "at that time" the words "at the beginning of the state of war" and in line 11 substitute for the word "then," the words "at the beginning of the state of war." Section 326: Approved without change except for 326 (h) where it is recommended that for the words "of aliens seeking naturalization" the following language be substituted "of persons who are required to submit photographs in connection with any immigration, naturalization, or citizenship form or application." NOTE.-Section 326 is similar to the law now in force. Because of the wording of the law, it is impossible for the Welfare Photo Studio to supply the photographs which an American citizen needs in connection with an application for a duplicate copy of his citizenship certificate or for a certificate of derivative citizenship. It is also impossible to supply the photographs which an alien must submit in connection with application for reentry permit, or other immigration forms. Section 327: No change suggested. Section 330: It is recommended that the provision declaring a declaration of intention invalid after 7 years be retained. A great deal of state and municipal legislation has been enacted conferring certain rights or privileges on declarant aliens. Such legislation will become meaningless if the declaration of intention to become an American citizen is never put into effect. Furthermore, the result would probably be that many of these acts would "step up" their requirement from first paper to full citizenship. It is further recommended that item (1) on the declaration of intention form be divided into two parts: a. My full, true, and correct name is b. Other names I have used It is also recommended that in item (5) on that form the words "or people" be added after the word "race." Section 331: Changes similar to those recommended for the declaration of intention form are recommended for items 1 and 5 of the petition for naturalization form. Section 332: No change suggested. Section 333: No change suggested. (a) (2) of this section should be changed so as to take cognizance of the act enacted by Congress June 21, 1939, according to which the petitioner need not renounce allegiance to any specified prince, potentate, etc. The same applies to 334 (b). Section 335: No change suggested. Section 336: No change suggested. Section 337: (a) No change suggested. (b) No change suggested. (c) In lines 15 and 16, eliminate the words "as having been obtained through fraud." NOTE. In many cases the applicant took the oath as to permanent residence in the United States in good faith, but subsequent events made it necessary for him to change his plans. (d) In line 4, after the words "moral turpitude," insert the following language: "for which he is sentenced to imprisonment for a year or more or fined $1,000 or more, or both." (h) It is recommended that a new subsection (h) be added to section 337, and read as follows: "Except where a certificate of naturalization is canceled under section 337 (a) as having been fraudulently secured the cancellation shall not revoke the citizenship of a wife or child which was derived through the naturalization of the husband or father, provided that the wife or child is residing in the United States at the time of cancellation and continues to reside therein permanently." Section 338: No change suggested. Section 339: Add at the end of this section the sentence: "Such cancellation would affect only the document and not the individual's citizenship.” Section 340: No change suggested. Section 341: Approved without change except for 341 (b) (1). $18 is an excessive fee for a certificate of registry issued to an alien who arrived prior to June 3, 1921. For persons claiming entry prior to June 3, 1921, we recommend that the present fee, $10, be retained. In the great majority of such cases entry was legal and the headtax was paid, the only difficulty being that the record cannot be located. The headtax when most of these people entered was not $8, as the official comment on section 341 (b) would seem to indicate. If they entered before 1907, it was only $2, and if they entered between February 20, 1907, and February 5, 1917, it was only $4. Section 342: No change suggested. CHAPTER IV-LOSS OF NATIONALITY Section 401: A person who is a national of the United States, whether by birth or naturalization, shall be deemed to have expatriated himself by: NOTE. This change (involuntary) loss to (voluntary) expatriation. (a) Obtaining naturalization in a foreign state in accordance with its laws and upon his own application; or NOTE. This change eliminates loss of citizenship by a child through naturalization of a parent or person having legal custody. (b) Voluntarily taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or NOTE. This change adds the word "voluntarily" which is according to this general interpretation of the law today. (c) Voluntarily entering and serving in the armed forces of a foreign state unless expressly authorized by the laws of the United States; or NOTE. This change adds the word "voluntary" and puts entering and serving in the conjunctive rather than in the alternative. (d) Voluntarily accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or NOTE. This change adds the word "voluntarily" thus not militating against those who are forced to perform such service, etc. (e) Voluntarily voting or participating in a political election in a foreign state, or in an election or plebiscite to determine the sovereignty over foreign territory, in a manner in which only nationals of such foreign state or territory are eligible to vote or participate; or NOTE. This change somewhat transposes the phraseology of the section, adds the word "general" before political election (in an effort to clarify the act as "political election" is difficult of definition and understanding). The concluding phrase is also added in the interests of clarity as there would seem to be no harm in an American citizen voting abroad in any election which was open to American citizens as such and not limited exclusively to the nationals of the foreign state. (f) Voluntarily applying for, obtaining and using a passport of a foreign state as a national thereof; or NOTE. This change adds the opening phrase "voluntarily applying for, obtaining and" so as not to militate against persons who might be included on the passport of another, or who, for their immediate protection might be forced to use a foreign passport. (g) Voluntarily making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state in such form as may be prescribed by the Secretary of State, or before a clerk of a court having jurisdiction of naturalization in the United States in such form as may be prescribed by the Commissioner or by that court. NOTE. This change adds the word "voluntarily" so as to preclude a person being placed on the horns of a dilemma by a diplomatic officer abroad and practically forced to make such renunciation and also expands the section to provide for such renunciation in this country. (h) Eliminate here: Section 402 (c) and (d) Provided however: NOTE.-Eliminate subsections (1) and (2) in the bill, and substitute the following subsections: (1) That no natural-born national under 21 years of age can expatriate himself or be expatriated; NOTE. This gives legislative expression to the present case law. (2) That no national can expatriate himself or be expatriated while the United States is at war except as specifically provided in this act; NOTE. Continues to present similar provision under the Act of March 2, 1907. (3) That the provisions of subsection (d), (e), and (f) shall not apply to any persons having dual nationality of the United States and of the foreign state concerning which the act in question is committed; except that for the purposes of this proviso a naturalized citizen who has renounced allegiance to a foreign state shall not be deemed thereafter to have the nationality of such foreign state; NOTE.-Protects those having dual nationality by birth, marriage, or by operation of law other than their own voluntary act of naturalization. Without this the provisions of the Cable Act would be practically nullified. (4) That the provisions of subsection (g) shall not apply to a natural-born citizen who does not have at the time of such renunciation or who immediately thereafter will not have a foreign nationality, nor to a naturalized citizen in the United States unless he has or immediately thereafter will have the foreign nationality of a country to which he may be deported on any grounds on which he might be deported had not American citizenship and the length of his residence in this country intervened. NOTE. Prevents expatriation simply for tax evasion, to escape duties of citizenship, or other reasons not recognized as customary and proper. |