child is residing in the United States at the time of such naturalization or thereafter and begins to reside permanently in the United States while under the age of 18 years. If such permanent residence begins after such naturalization, citizenship is acquired at the beginning of such residence (sec. 1993, R. S. U. S., as amended by sec. 1, act of May 24, 1934, 48 Stat. 797; U. S. C., title 8, sec. 6). Under present law a child born outside the United States of one citizen and one alien parent, the citizen parent having resided in the United States prior to the birth of the child, is held by the Attorney General of the United Statesto be a citizen of this country at birth, subject to losing such citizenship if later the child fails to reside in the United States for at least 5 years continuously immediately previous to its eighteenth birthday and unless, within 6 months after its twenty-first birthday, it takes an oath of allegiance to the United States (38 Op. Atty. Gen. (1934)).

This provision in the present statute is unsatisfactory for a number of reasons. Its wording is vague and required an opinion of the Attorney General in order to define its meaning and scope. It creates a doubtful status because questions will probably arise as to the intervening citizenship of a child between the time of its birth and the point at which it fails to comply with the stipulated conditions as to residence within the United States and taking the oath of allegiance. The present law is discriminatory in that it requires the child of one citizen and one alien parent to reside in the United States for 5 years continuously immediately preceding its eighteenth birthday (or from a date prior to its thirteenth birthday), and to take an oath of allegiance within 6 months after its twenty-first birthday, while the child of two alien parents, one of whom later becomes naturalized, does not have to begin to reside in the United States until just previous to its sixteenth birthday and is not required to take the oath of allegiance. Citizenship begins 5 years after permanent residence starts.

Legislation by which children have acquir d citizenship of the United States through their parents has always fixed the age at 21 years, before which time the child must have taken up its residence in the United States. Under prior laws, citizenship was acquired automatically by children if they were residing permanently in the United States and were under 21 years of age at the time of the naturalization of the parents, or began to reside permanently in the United States after the naturalization of a parent and while under the age of 21 years (sec. 2172,. U. S. R. S.; and sec. 5, act of March 2, 1907, 34 Stat. 1229; U. S. C., title 8, secs. 7 and 8). Under such automatic provisions children became naturalized without having to comply with the usual requirements. Citizenship status was determined automatically by the law itself.

Under the proposed provision, the same automatic process has been retained but the age limit has been reduced to 18 years. This is for the reason that the law has recognized an alien who is 18 years of age as sufficiently mature to make a declaration of intention, thus initiating independent steps toward becoming a naturalized citizen. This age is also recognized in many countries of the world as that at which an individual is sufficiently mature to be subject to military service. Should a child who would otherwise be eligible to citizenship of the United States under this proposed section fail to come to the United States before reaching the age of 18 years or should the alien parent fail to become naturalized within that time, the child would be able to initiate independent naturalization proceedings after reaching the age of 18 years by making his own declaration of intention to become a citizen.

Sec. 313.-A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:

(a) The naturalization of both parents; or

(b) The naturalization of the surviving parent if one of the parents is deceased; or

(c) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents; and if

(d) Such naturalization takes place while such child is under the age of eighteen years; and

(e) Such child is residing in the United States at the time of the naturalization of the parent last naturalized under subsection (a) of this section, or the parent naturalized under subsection (b) or (c) of this section, or thereafter begins to reside permanently in the United States while under the age of eighteen years.

Proposed section 313 provides for the acquisition of citizenship of the United States by a child born outside of this country of alien parents, or of an alien parent and a citizen parent who has lost citizenship. The following alternative conditions are, among others, prescribed:

(1) The naturalization of both parents; or

(2) The naturalization of the surviving parent if one of the parents is deceased; or

(3) The naturalization of the parent having legal custody of the child where there has been a legal separation of the parents.

This last stated condition is one which has already received official recognition (37 Op. Atty. Gen. 90 (1928): In re Lazarus, 24 F. (2d) 243). Other conditions which must be fulfilled are that (1) the naturalization of the parent or parents must take place while the child is under the age of 18 years, and (2) such child must be residing in the United States at the time of the naturalization of the parent last naturalized, or of the surviving parent where one is deceased, or the parent having legal custody of the child in case of a legil separation, or the child begins thereafter to reside permanently in the United States while under the age of 18 years.

The foregoing provisions are a modification of the present law, designed to make it more definite, and changing the age limit from 21 to 18 years (sec. 2172, U. S. R. S.; U. S. C., title 8, sec. 7; and sec. 5, act of March 2, 1907, as amended; as amended by sec. 2, act of May 24,1934, 48 Stat. 797; U. S. C., title 8, sec. 8).

As was stated in commenting upon proposed section 312, the present act of 1934 provides that the citizenship of a child born outside of the United States of alien parents shall not begin until 5 years after the minor child commences to reside permanently in the United States. The limitation of automatic naturalization to children under the age of 18 years as proposed by this section has been fixed for the reasons discussed under proposed section 312.

Sec. 314.-A child born outside of the United States, one of whose parents is at the time of petitioning for the naturalization of the child, a citizen of the United States, either by birth or naturalization, may be naturalized if under the age of eighteen years and not otherwise disqualified from becoming a citizen and is residing permanently in the United States with the citizen parent, on the petition of such citizen parent, without a declaration of intention, upon compliance with the applicable procedural provisions of the naturalization laws.

The situation occasionally arises in which one parent of a child born outside of the United States is a citizen or becomes a citizen of the United States, while the other parent during the continuance of the marital status does not for some reason become a citizen. It is felt that the foreign-born child of such a union should not be deprived of the opportunity of becoming a citizen if the citizen parent is favorable to its acquisition of such status. Proposed section 314, therefore, would permit the citizen parent to petition for the naturalization of such a child under the age of 18 years, if otherwise qualified, and residing in the United States with the citizen parent.

Because of the age of the child, a declaration of intention would appear to be unnecessary if the other procedural requirements are followed by the parent. Sec. 315.-An adopted child may, if not otherwise disqualified from becoming a citizen, be naturalized before reaching the age of eighteen years upon the petition of the adoptive parent or parents if the child has resided continuously in the United States for at least two years immediately preceding the date of filing such petition, upon compliance with all the applicable procedural provisions of the naturalization laws, if the adoptive parent or parents are citizens of the United States, and the child was:

(a) Lawfully admitted to the United States for permanent residence; and (b) Adopted in the United States before reaching the age of sixteen years; and

(c) Adopted and in the legal custody of the adoptive parent or parents for at least two years prior to the filing of the petition for the child's naturalization.

There is, according to an opinion of the Attorney General, dated June 17, 1935, no provision of present law by which an alien adopted child may be naturalized through the act of the adoptive parent. The adoption laws make it possible for foster parents to have the adopted child recognized in almost every other respect

CHAPTER III. NATIONALITY THROUGH
NATURALIZATION

PRELIMINARY OBSERVATIONS

As its title indicates, chapter III of the proposed code deals with nationality through naturalization. The authority to prescribe laws upon this subject is contained in article I, section 8, clause 4, of the Constitution of the United States, which provides that "The Congress shall have power

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"To establish a uniform rule of naturalization, The fourteenth amendment to the Constitution contains as a part of section 1 the following definitions of United States and State citizenship:

"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."

The ideal sought by the framers of the Constitution was a naturalization law which would operate uniformly throughout the United States. This goal has never been achieved, although a great improvement in this respect resulted when Congress in 1906 for the first time placed the administration of the naturalization laws under the supervision of the Federal Government. It is believed that the proposed code more nearly approximates the required uniformity.

From the first statute upon the subject of naturalization, that of March 26, 1790 (1 Stat. 103), it has been technically a judicial process in form, although since 1906 it actually has been largely administrative in fact. The courts have never had machinery with which to make inquiry concerning the eligibility or qualifications of applicants for naturalization. Since 1906 this important function has been performed by naturalization officers. The Immigration and Naturalization Service, Department of Labor, ascertains the facts and assists the courts in determining the applicable law in the naturalization cases presented.

Both the courts and the administrative authorities dealing with naturalization have been prevented from achieving the most satisfactory results through the piecemeal development through the years of naturalization and citizenship laws. As a result the present mass of naturalization statutes lacks clarity, consistency, and systematic order.

The foregoing defects have been borne in mind in the preparation by the advisory committee of this chapter. An effort has been made to provide a workable law by bringing together in orderly form those provisions which seem to be desirable and necessary. This has been done with a view to facilitating the naturalization of worthy persons who appear to fall within their scope, while at the same time protecting the United States from receiving into its citizenship persons who for any one of a number of reasons may be undesirable additions to its membership. In order to present the subject matter of this chapter of the proposed code systematically and logically, it has been arranged in the order of the following subheads which are fairly explanatory of their general scope:

The first division, under title (1) General provisions, is descriptive of the naturalization courts and the extent of their jurisdiction to naturalize.

(2) SUBSTANTIVE PROVISIONS

Under the second subdivision, (2) Substantive provisions, the general groups of persons who are eligible to naturalization, as well as the groups who are ex

cluded from that privilege, are described. The nature and extent of the proof required in the usual case as to residence and personal qualifications for naturalization are then detailed.

In addition a number of sections relate to various groups who, because of special reasons, are afforded certain exemptions from the usual naturalization requirements. These include persons married to citizens of the United States, children, former citizens of the United States, persons who have erroneously exercised citizenship rights, nationals who are not citizens, Puerto Ricans, and persons serving in the armed forces or on vessels of the United States. This material is followed by that relating to alien enemies.

(3) PROCEDURAL AND ADMINISTRATIVE PROVISIONS

Because of the inherent nature of the naturalization process, the next subdivision, (3) Procedural and administrative provisions, recites with necessary particularity of detail the manner in which naturalization is to be conferred. It will be recalled that the Supreme Court of the United States, in discussing the necessity for the relatively rigid requirements of the present basic Naturalization Act of 1906, which placed the administration of the naturalization laws under Federal supervision, said:

"Experience and investigation had taught that the widespread frauds in naturalization, which led to the passage of the act of June 29, 1906, were in large measure due to the great diversities in local practice, the carelessness of those charged with duties in this connection, and the prevalence of perjured testimony in cases of this character. A 'uniform rule of naturalization' embodied in a simple and comprehensive code under Federal supervision was believed to be the only effective remedy for then existing abuses. And, in view of the large number of courts to which naturalization of aliens was entrusted and the multitude of applicants, uniformity and strict enforcement of the law could not be attained unless the code prescribed also the exact character of proof to be adduced" (U. S. v. Ness (1917), 245 U. S. 324).

The Supreme Court called attention to the estimate of approximately 100,000 aliens who had been naturalized annually for several years preceding 1906. As indicating that the volume has not decreased since that year, the records of the Immigration and Naturalization Service show that during the 28 fiscal years from 1907 to 1934, inclusive, 3,935,987 petitions for naturalization were filed, of which 3,521,022 were granted by the courts, an average of over 125,000 annually. Subdivision (3) of this chapter contains provisions placing responsibility for the administration of the naturalization laws, including necessary administrative details, followed by statements as to the requirements for the registry of aliens, the certificate of arrival, the declaration of intention, the petition for naturalization, and the hearing thereon, including the oath of renunciation and allegiance, the certificate of naturalization, identifying photographs, functions and duties of clerks of courts, judicial revocation of naturalization because of fraud or illegality, the issuance of certificates of derivative citizenship and copies of documents and records, and the cancellation of naturalization papers procured illegally or fraudulently from the Commissioner or a Deputy Commissioner of the Immigration and Naturalization Service.

(4) FISCAL PROVISIONS

There are included under (4) Fiscal provisions, the various requirements of the proposed code in relation to the amounts of and accounting for fees in the various proceedings described. There also appear related provisions concerning the transmittal of naturalization papers as "official business," and authorization for the citizenship textbook for applicants for naturalization.

(5) COMPILATION OF NATURALIZATION STATISTICS

As subtitle (5) Compilation of naturalization statistics indicates, it deals with the compilation of statistical data in relation to the foreign born in the United States.

(6) PENAL PROVISIONS

Because the status of citizenship is so important and carries with it so many rights and privileges which may not be exercised by the unnaturalized, there have been for a great many years attempts, sometimes upon a large scale, to

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.)