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NATURALIZATION OF SEAMEN

[Act of June 7, 1872] 16 Sec. 2174. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant-vessel of the United States, anything to contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.

16 Repealed by sec. 2, Act of May 9, 1918 (40 Stat. 546), p. 617.

STATUTES AT LARGE OF THE UNITED STATES

NATURALIZATION OF CHINESE PROHIBITED

(Act approved May 6, 1882) 17

Sec. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. (22 Stat. 61; 8 U.S. C. 363.)

PUERTO RICAN CITIZENSHIP
(Act approved April 12, 1900) 10

Sec. 7. That all inhabitants continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in Puerto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, nineteen hundred, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the eleventh day of April, eighteen hundred and ninety-nine;

(31 Stat. 79; 48 U. 5. C. 733.)

CITIZENSHIP OF HAWAIIANS
[Act approved April 30, 1900)

*

19

Seo. 4. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. (31 Stat. 141; 8 U.S. C. 4, 48 U.S. C. 494.)

And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. (31 Stat. 141; 48 U.S. C. 494.)

17 For statutory provisions removing ineligibility for naturalization of Chinese, see sec. 303, Nationality Act of 1940, as amended by the Act of Dec. 17, 1943, p. 125.

* For subsequent statutes relating to citizenship status of Puerto Ricans, see Act of Marh 2, 1917, p. 511; Act of March 4, 1927, p. 530; Act of June 27, 1934, p. 554; and Act of May 18, 1938, p. 560. See also provision contained in sec. 202, Nationality Act of 1940, on the same subject, p. 357.

SEC. 1. All persons born or naturalized in the Hawaiian Islands, and subject to the jurisdiction of the Republic, are citizens thereof. (Constitution of the Republic of Hawali, art. XVII. Adapated from the United States Constitution, amendment, art. XIV, sec. I.) 568700_44 -20

459

RESIDENCE IN HAWAIIAN ISLANDS AND EXEMPTION FROM DECLARATION OF INTENTION AND RENUNCIATION OF ALLEGIANCE IN CERTAIN CASES

(Act approved April 30, 1900) *

SEC. 100. That for the purposes of naturalization under the laws of the United States residence in the Hawaiian Islands prior to the taking effect of this Act shall be deemed equivalent to residence in the United States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands. (31 Stat. 161; 8 U.S. C. 385.)

PHILIPPINE CITIZENSHIP
(Act approved July 1, 1902, as amended by the Act of March 23, 1912] -

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Sec. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight: Provided,”? That the Philippine Legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Islands who could become citizens of the United States under the laws of the United States if residing therein. (37 Stat. 77.)

20. Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), See sec. 801 (a), Nationality Act of 1940, p. 358. For amendment to the Act of April 30, 1900, see sec. 9, Ac of May 27, 1910 (36 Stat. 448; 8 U. S. C. 383), page 504.

n Superseded by sec. 2, Act of Congress of August 29, 1916 (39 Stat. 546 ; 48 U. S. C. 1002), (see p. 508) auhorizing the Philippine Legislature to provide by law for the acquisition of Philippine citizenship. See also provisions of Act of March 24, 1934, p. 649, There are no provisions for the naturalization as citizens of the United States of persons in the Philipine Islands. For provisions concerning the naturalization of persons as citizens of the Philippine Islands, see Act of March 26, 1920 (15 Public Laws of the Philippine Islands, 267-271), and Act of November 30, 1928 (27 Public Laws of the Philippine Legislature, No. 3448).

Sec. 4, Act of July 1, 1902 (32 Stat. 692), prior to March 23, 1912, read as follows:

"Sec. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninetypine, and then resided in said Islands and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight."

* This proviso was added by the Act of March 23, 1912 (37 Stat. 77), p. 505.

NATURALIZATION OF ANARCHISTS FORBIDDEN; JUDICIAL INQUIRIES;

PENALTIES
(Act approved March 3, 1903)

Sec. 39. That no person who disbelieves in or who is opposed to all organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all 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 his or their official character, or who has violated any of the provisions of this Act, shall be naturalized or be made a citizen of Êhe United States. All courts and tribunals and all judges and officers thereof having jurisdiction of naturalization proceedings or duties to perform in regard thereto shall, on the final application for naturalization, make careful inquiry into such matters, and before issuing the final order or certificate of naturalization cause to be entered of record the affidavit of the applicant and of his witnesses so far as applicable, reciting and affirming the truth of every material fact requisite for naturalization. All final orders and certificates of naturalization hereafter made shall show on their face specifically that said affidavits were duly made and recorded, and all orders and certificates that fail to show such facts shall be null and void.

That any person who purposely procures naturalization in violation of the provisions of this section shall be fined not more than five thousand dollars, or shall be imprisoned not less than one nor more than ten years, or both, and the court in which such conviction is had shall thereupon adjudge and declare the order or decree and all certificates admitting such person to citizenship null and void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication.

That any person who knowingly aids, advises, or encourages any such person to apply for or to secure naturalization or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not less than one nor more than ten years, or both.

The foregoing provisions concerning naturalization shall not be enforced until ninety days after the approval hereof. (32 Stat. 1222.)

* Repealed by sec. 26, Act of June 29, 1906 (34 Sat. 603), p. 491. But certain parts were reenacted therein. See also Nationality Act of 1940, secs. 305, p. 359 and 848. p. 894, for similar provisions of that Act.)

BASIC NATURALIZATION ACT OF 1906, PROVIDING FOR THE NAT.

URALIZATION OF ALIENS THROUGHOUT THE UNITED STATES AND ESTABLISHING THE IMMIGRATION AND NATURALIZA. TION SERVICE

(Act approved June 29, 1906, as amended and supplemented) * IMMIGRATION AND NATURALIZATION SERVICE IN CHARGE OF ALL MATTERS

CONCERNING THE NATURALIZATION OF ALIENS Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Immigration and Naturalization Service, under the direction and control of the Attorney General, shall have charge of all matters concerning the naturalization of aliens.23 (8 U.S. C. 352.)

REGISTRY OF ARRIVING ALIENS; CERTIFICATE OF SUCH REGISTRY That it shall be the duty of the said [Bureau) Service to provide, for use at the various immigration stations throughout the United States, books of record, wherein the commissioners of immigration shall cause a registry to be made in the case of each alien arriving in the United States from and after the passage of this Act [of June 29, 1906] of the name, age, occupation, personal description (including height, complexion, color of hair and eyes), the place of birth, the last residence, the intended place of residence in the United States, and the date of arrival of said alien, and, if entered through a port, the name of the vessel in which he comes. And it shall be the duty of said commissioners of immigration to cause to be granted to such alien a certificate of such registry, with the particulars thereof. (34 Stat. 596; 8 U.S. C. 106.)

21 For provisions repealed by the Nationality Act of 1940, see sec. 504 thereof (54 Stat 1172), at page 410.

* The first sentence of sec. 1, Act of June 29, 1906, prior to its amendment, read as follows:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the designation of the Bureau of Immigration in the Department of Commerce and Labor is hereby changed to the 'Bureau of Immigration and Naturalization,' which said Bureau, under the direction and control of the Secretary of Commerce and Labor, in addition to the duties now provided by law, shall nave charge of all matters concerning the naturalization of allens."

See. 3, Act of March, 4, 1913 (37 Stat. 737 ; 8 U. 8. C. 101), transferred the Bureau of Immigration and Naturalization from the Department of Commerce and Labor to the newly created Department of Labor. At the same time the Bureau was divided into two bureaus named the Bureau of Immigration, with a Commissioner General of Immigration at its head, and the Bureau of Naturalization, headed by a Commissioner of Naturalization.

Executive Order 6166, June 10, 1933, sec. 14 (5 U. 8. C., following ch. 1), consolidated the Bureaus of Immigration and of Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service, at the head of which was placed a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner General of Immigration and Commissioner of Naturalization, appearing in statutes prior to the Executive Order, to the Commissioner of Immigration and Naturalization.

Reorganization Plan No. V (5 F. R. 2223), prepared by the President and transmitted to the Congress, May 22, 1940, pursuant to the provisions of the Reorganization Act of 1939, approved 'April 3, '1939 (53 Stat. 561; 5 U. s. C. 133-133r), which Plan became effective June 14, 1940 (5 F. R. 2132, June 5, 1940), transferred the Immigration and Naturalization Service of the Department of Labor (including the Office of the Com. missioner of Immigration and Naturalization) and its functions to the Department of Justice, and directed that the Service be administered under the direction and super. vision of the Attorney General. All functions and powers of the Secretary of Labor relating to the administration of the Immigration and Naturalization Service and its functions or to the administration of the immigration and naturalization laws were transferred by such Plan to the Attorney General.

Sec. 37 (a), Act of June 28, 1940 (54 Stat. 675; 8 U. S. C. 458). authorizes the Commissioner with the approval of the Attorney General to make and prescribe, and from time to time to change and amend such rules and regulations not in conflict with such Act as he may deem necessary and proper in aid of the administration and enforcement of that Act.

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