become naturalized without compliance with the statutory requirements. In subdivision (6), Penal provisions, therefore, appropriate penalties have been prescribed for various violations of the laws in relation to naturalization and citizenship.

As already stated, the prevalence of naturalization frauds resulted in Congress placing the administration of naturalization in the executive branch of the Federal Government. A striking account of the stupendous character of these frauds and of the wide area over which they were spread is contained in extracts from the report dated June 14, 1905, of C. V. A. Van Deusen, special examiner of the Department of Justice which form appendix E of the Report to the President of the Commission on Naturalization, appointed by Executive Order of March 1, 1905 (Document No. 46, House of Representatives, 59th Cong., 1st sess., Washington, Government Printing Office, 1905, pp. 79–92).

(7) SAVING CLAUSES

There are included under (7) Saving clauses, provisions for maintaining the status quo as to pending proceedings.

COMMENT UPON THE NATURALIZATION PROVISIONS OF THE

PROPOSED CODE

There follow hereafter, section by section, in serial order, quoted provisions of the proposed Chapter III, Nationality Through Naturalization, with comment stating briefly the relationship between the proposals and present law, and the reasons for the suggested modifications.

Sec. 301.

GENERAL PROVISIONS

JURISDICTION TO NATURALIZE

(a) Exclusive jurisdiction to naturalize persons as citizens of the United' States is hereby conferred upon the following specified courts: District Courts of the United States now existing, or which may hereafter be established by Congress in any State, District Courts of the United States for the Territories of Hawaii and Alaska, and for the District of Columbia and for Puerto Rico; and the District Court of the Virgin Islands of the United States; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all the courts herein specified to naturalize persons shall extend only to such persons resident within the respective jurisdictions of such courts, except as otherwise specifically provided in this chapter.

(b) A person may petition for naturalization in any court within the State judicial district or State judicial circuit in which he resides, whether or not he resides within the county in which the petition for naturalization is filed. (c) The courts herein specified, upon request of the clerks of such courts, shall be furnished from time to time by the Commissioner or a Deputy Commissioner with such blank forms as may be required in naturalization proceedings.

(d) A person may be admitted to become a citizen of the United States in the manner and under the conditions prescribed in this chapter, and not otherwise.

Subsection (a) of proposed section 301 presents no material change from the present law by which naturalization jurisdiction is granted to Federal district courts (including that of the District of Columbia), and the courts of record of the States and Territories, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited (sec. 3, act of June 29, 1906, 34 Stat. 596; U. S. C., title 8, sec. 357; sec. 41, act of March 2, 1917, 39 Stat. 965; U. S. C., title 8, sec. 358 and title 48, sec. 863). While the last sentence limits the naturalization jurisdiction of these courts to persons residing within the respective jurisdictions of such courts, exceptions are made where this provision would be inconsistent with the exemptions from some of the usual requirements which are accorded certain groups whose naturalization is hereinafter provided for. (See appendix I, proposed secs. 311, 316, 322, 323, and 324.)

Subsection (b) of section 301 is intended to obviate an anomalous situation which has arisen under the present Naturalization Act of 1906. Section 3 of that act provides

"That the naturalization jurisdiction of all courts herein specified, State, Territorial and Federal, shall extend only to aliens resident within the respective judicial districts of such courts" (sec. 3, act of June 29, 1906, 34 Stat. 596; U. S. C., title 8, sec. 357).

Some courts have held that where a State judicial district or circuit is composed of several counties an applicant for citizenship must file his petition for naturalization in the court of the county in which he resides, even though the court of another county of the same judicial district or circuit may be much more convenient of access. As this ruling appears to be highly technical and serves no valuable purpose, the proposed law has been modified in this respect.

Subsections (c) and (d) contain no substantial change from the present law (secs. 3 and 4, act of June 29, 1906, 34 Stat. 596; U. S. C., title 8, secs. 408 and 372).

SUBSTANTIVE PROVISIONS

ELIGIBILITY FOR NATURALIZATION

Sec. 302.-The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of sex or because such person is married.

Proposed section 302 continues the declaration which appears in section 1 of the Cable Act of 1922, prohibiting the denial or abridgment of the right of a person to become naturalized because of sex or the fact that such person is married (sec. 1, act of September 22, 1922, 42 Stat. 1021–1022; U. S. C., title 8, sec. 367). Sec. 303.-The right to become a naturalized citizen under the provisions of this chapter shall extend only to white persons and persons of African nativity and persons of African descent, except that this section shall not apply to descendants of races indigenous to the Western Hemisphere nor to native-born Filipinos having the honorable service in the United States Army, Navy, Marine Corps, or Coast Guard as specified in section 323, nor to former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 316.

Proposed section 303 continues in effect the legislative policy by which naturalization is limited generally to persons of the white race and to those of African nativity or descent. The provision concerning white persons appeared in the first naturalization statute of 1790 (act of March 26, 1790, 1 Stat. 103). It has been continued in the Revised Statutes of 1878 (sec. 2169). That concerning persons of the African race, also appearing in the Revised Statutes, was incorporated in the naturalization laws in 1870, following the Civil War (sec. 7, act of July 14, 1870, 16 Stat. 256).

Two of the three exceptions to the racial limitations in the proposed code are also contained in the present laws. One relates to native-born Filipinos who at present are eligible for naturalization after 3 years' honorable service in the United States Coast Guard, Navy, Marine Corps, or naval auxiliary service. This provision was included after consultation with representatives of the War and Navy Departments who indicated its desirability (7th subd., sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 542; U. S. C., title 8, sec. 388).

The second applies to women who were citizens of the United States at birth and who lost citizenship by reason of marital status (sec. 3 (b), act of September 22, 1922, as amended by sec. 4 (a), act of March 3, 1931, 46 Stat. 1511-1512; U. S. C., title 8, sec. 369a). In furtherance of the efforts which have been made to more firmly cement the ties of international friendship between the United States and the Pan-American countries, the proposed Nationality Code extends eligibility to naturalization to descendants of races indigenous to the Western Hemisphere. The highly desirable results which it is believed would follow such action are probably out of all proportion to the comparatively few persons who would likely be affected by this provision.

Sec. 304.-No person except as otherwise provided in this chapter shall hereafter be naturalized or admitted as a citizen of the United States upon his own petition who cannot speak the English language. This requirement shall not apply to any person physically unable to comply therewith, if otherwise qualified to be naturalized.

Proposed section 304 continues the present requirement that the applicant for naturalization be able to speak the English language (sec. 8, act of June 29, 1906, 34 Stat. 599; U. S. C., title 8, sec. 365). Aliens physically unable to comply with this requirement are at present excused from it. Exceptions in the present law were also made in the cases of those aliens who had made their declarations of intention prior to the act of 1906, and to those who thereafter should declare their intention to become citizens and comply with the homestead laws of the United States.

Sec. 305.-No person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other organized government, because of the official character of such officer or officers, shall be naturalized or be made a citizen of the United States. Proposed section 305 continues in effect the present prohibition upon the naturalization of anarchists and other similar undesirable classes of aliens who are opposed to organized government (sec. 7, act of June 29, 1906, 34 Stat. 598-599; U. S. C., title 8, sec. 364).

Sec. 306.-A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military or naval forces of the United States, or who, having duly enrolled, departed, or shall depart from the jurisdiction of the district in which enrolled, or went or shall go beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall, upon conviction thereof by a court martial, be ineligible to become a citizen of the United States; and such deserters shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights of citizens thereof.

Proposed section 306 continues the provisions of current law which bar from citizenship deserters and other evaders of military and naval service in time of war. The offense is a grave one. This penalty, because of its severity, is effective only after conviction by a court martial (sec. 1996, R. S. U. S. ; and act of August 22, 1912, 37 Stat. 356, amending sec. 1998. R. S. U. S.; U. S. C., title 8, sec. 11). This subject is discussed, with citations of decisions of courts in the comment on section 401 (h).

Very careful consideration was given to this provision by representatives of the War and Navy Departments also, who felt it to be a necessary measure,

Sec. 307.

(a) No person, except as hereinafter provided in this chapter, shall be admitted to citizenship unless such petitioner, (1) immediately preceding the date of filing petition for naturalization has resided continuously within the United States for at least five years and within the State in which the petitioner resided at the time of filing the petition for at least six months, (2) has resided continuously within the United States from the date of the petition up to the time of admission to citizenship, and (3) during all the periods referred to in this section has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

Proposed section 307 (a) continues the present requirements as to continuous residence within the United States for at least 5 years immediately preceding the filing of a petition for naturalization, and such continuous residence also from the date of filing the petition until admission to citizenship (subd. 4, sec. 4, act of June 29, 1906, 34 Stat. 598, as amended by a part of sec. 6 (b), act of March 2, 1929, 45 Stat. 513-514; U. S. C., title 8, sec. 382).

The 5-year residence requirement has been a part of the naturalization statutes almost continuously from 1795. It is based upon the belief that a newcomer before being admitted to citizenship should remain in this country sufficiently long to establish his standing in the community, to learn the language, and to understand and appreciate the essential facts and meaning of its history and nature and principles of its Government. No material reason has been advanced for a change in this respect, except as to a few special groups of persons where the conditions would not appear to require 5-years' probation.

The present law requires the petitioner for naturalization to have resided in the county of residence at the time of filing the petition continuously for at least 6 months immediately preceding the filing of such petition. The precise location of county lines in such metropolitan areas as New York is frequently difficult if not impossible of ascertainment. At present an applicant who resides in Brooklyn for 5 months and then moves to Manhattan or the Bronx must wait until he has resided in the latter at least 6 months before he may petition for naturalization. As the requirement of county rather than State residence is a more or less artificial one without adequate advantages to the Government to justify rigidity, it is proposed that a 6 months' period of State residence be substituted for county residence. The present provision has caused much unnecessary misunderstanding, embarrassment, and expense to applicants. The Government is protected by the requirement that at least two citizen witnesses vouch for the applicant's residence and character for the entire 6 months.

There have been continued the stipulations that during all of the period of necessary residence the applicant for naturalization must prove that he has been of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. These requirements also have been a fundamental part of our naturalization history since 1795 (subd. 3, sec. 1, act of January 29, 1795, 1 Stat. 414). There would appear to be no more important provisions of the naturalization statutes than these.

(b) Absence from the United States for a continuous period of more than six months but less 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 be presumed to break the continuity of such residence, but such presumption may be overcome by the presentation of evidence satisfactory to the naturalization court that such individual had a reasonable cause for not sooner returning to the United States. Absence from the United States for a continuous period of one year or more 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, except that in the case of an alien who has resided in the United States for at least one year, during which period he has made a declaration of intention to become a citizen of the United States, and who thereafter is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Secretary of Labor, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof, no period of residence outside the United States shall break the continuity of residence if

(1) Prior to the beginning of such period (whether such period begins before or after his departure from the United States) the alien has established to the satisfaction of the Secretary of Labor that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, and

(2) Such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose. Provision has been made in proposed subsection (b) to cover absences from the United States. At present if an individual returns to the country of his allegiance and remains there for a continuous period of more than 6 months and less than 1 year during the period for which continuous residence is required immediately preceding the filing of his petition for citizenship, the continuity of such residence is presumed to be broken. This is subject to the presumption being overcome by presentation of satisfactory evidence that the individual had a reasonable cause for not returning to the United States prior to the expiration of such 6 months. Absence from the United States for a continuous period of 1 year or more, during the period for which continuous residence immediately preceding the date of filing the petition for naturalization is required, legally

breaks the continuity of such residence (sec. 6 (b), act of March 2, 1929, supra). Exceptions have been made, however, as to the effect of an absence or absences from the United States so as not to penalize aliens who have come to the United States, established a permanent residence for a period of at least 1 year during which a declaration of intention is made in good faith, and who are required by the exigencies of their employment to leave the United States for indefinite periods because of employment by or contract with the Government of the United States or an American institution of research recognized as such by the Secretary of Labor, or because of employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof. As the absence from the United States of such persons is in the interests of this country and insistence upon the usual requirements for naturalization would make it impossible for such persons ever to become citizens, it is felt that the suggested change is desirable.

Until the enactment in 1929 of the provisions as to absence, judicial and administrative interpretations as to what constituted "continuous" residence within the United States were in hopeless confusion. The statutory determination of the effect of specified absences from the United States has resulted in considerable clarification of the law in that respect and has added a measure of certainty of definition. For these reasons the provisións just discussed as to absences have been incorporated as subsection (b) of section 307 of the proposed code.

There are many instances in which applicants file their petitions for naturalization but before final hearing depart from the United States for a considerable period. It would appear that such absences, where they continue for long periods, should have the same effect upon the continuity of the required residence within the United States as absences within the 5 years immediately preceding the filing of the petition. A provision to that effect also has been included in subsection (b).

(c) No period of residence outside the United States during the five years immediately preceding June 25, 1936, shall be held to have broken the continuity of residence required by the naturalization laws if the alien proves to the satisfaction of the Secretary of Labor and the court that during all such period of absence he has been under employment by, or contract with, the United States, or such American institution of research, or American firm or corporation, described in subsection (b) of this section, and has been carrying on the activities described in that subsection in their behalf. The substance of the provisions concerning the effect of absences from the United States of alien declarants in the employ of the Government of the United States and other named agencies is now a part of the act of June 25, 1936 (49 Stat. 1925; U. S. C., sup. II, title 8, sec. 382).

Subsection (c) of section 307 carries into the present code that provision in section 2 of the act of June 25, 1936 (U. S. C., sup. II, title 8, sec. 382 (a)), which made it possible to waive absences of a year or longer from the United States on the part of alien declarants in the employ of the Government of the United States or of the other agencies named upon satisfactory proof of such employment.

(d) The following shall be regarded as residence within the United States within the meaning of this Chapter:

(1) Honorable service on vessels owned directly by the Government of the United States, whether or not rendered at any time prior to the applicant's lawful entry into the United States.

For many years there has been a recognition of the necessity for making certain exemptions from the usual requirements as to proof of residence in the cases of individuals following pursuits which prevent the establishment and continuance of the usual residence. It has been thought inequitable to penalize such persons by insistence upon residential requirements which are impossible of fulfillment.

There has been included, therefore, under subsection (d) (1), a provision by which honorable service on vessels directly owned by the Government of the United States shall be considered as residence within the United States. The acceptance by the Government of such an individual and the approval of his service as honorable is felt to be equivalent to a waiver of the character of his entry into the United States, which, technically, may not have been regular.