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ADMINISTRATION OF OATHS BY MEMBERS OF IMMIGRATION AND
NATURALIZATION SERVICE

Members of the Immigration and Naturalization Service" may be designated by the Attorney General" to administer oaths relating to the administration of the naturalization law; (40 Stat. 544; 8 U.S. C. 854.T

[DUTY OF COMMISSIONER OR DEPUTY COMMISSIONER OF IMMIGRATION AND NATURALIZATION TO INSTITUTE PROCEEDINGS TO CANCEL CERTIFICATES OF CITIZENSHIP FRAUDULENTLY OR ILLEGALLY PROCURED; REQUIREMENT OF NOTICE TO TAKE DEPOSITIONS TO UNITED STATES ATTORNEYS REPEALED]

and the requirement of section ten of notice to take depositions to the United States attorneys is repealed, and the duty they perform under section fifteen of the Act of June twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at Large, part one, page five hundred and ninety-six), may also be performed by the Commissioner or Deputy Commissioner of Immigration and Naturalization.es (40 Stat. 544; 8 U. S. C. 405.)9

SERVICE BY ALIENS ON VESSELS OF FOREIGN REGISTRY NOT RESIDENCE FOR NATURALIZATION PURPOSES

Provided further, That service by aliens upon vessels other than of American registry, whether continuous or broken, shall not be considered as residence for naturalization purposes within the jurisdiction of the United States, and such aliens cannot secure residence for naturalization purposes during service upon vessels of foreign registry; except that this proviso shall not apply in the case of service on American-owned vessels by an alien who has been lawfully admitted to the United States for permanent residence. (40 Stat. 544, as amended by 47 Stat. 165; 8 U. S. C. 384.) 7

NATURALIZATION FEES WHEN UNITED STATES AT WAR

During the time when the United States is at war no clerk of a United States court shall charge or collect a naturalization fee from an alien in the military service of the United States for filing his petition or issuing the certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect

See footnote 61, p. 474.

See footnote 63, p. 470.

Sec. 1, Act of May 9, 1918, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), but see sec. 327 (e) at p. 376 for similar provision in that Act.

Prior to its repeal by Act of May 25, 1926 (44 Stat. 652), there appeared in this subdivision preceding the words "Provided further," the following proviso:

"Provided, That it shall not be lawful to make a declaration of Intention before the clerk of any court on election day or during the period of thirty days preceding the day of holding of any election within the jurisdiction of the court."

Sec. 1. Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941.

Prior to June 10. 1933, the words "Commissioner or Deputy Commissioner of Immigration and Naturalization" read "Commissioner or Deputy Commissioner of Naturalization." For discussion of Executive Order 6166, June 10, 1933, sec. 14 (5 U. S. C.. following ch. 1), consolidating the Bureaus of Immigration and of Naturalization of the Department of Labor, see footnote 25, p. 462.

Sec. 1. Act of May 9, 1918, as amended by sec. 3. Act of May 25, 1932, repealed effective January 13. 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), but see sec. 307 (d) (2) at p. 362 of that Act for provisions regarding seamen. Prior to its amendment this proviso read as follows in sec. 1, Act of May 9, 1918 (40 Stat. 544: 8 U. S. C. 384):

"Provided further, That service by allens upon vessels other than of American registry, whether continuous or broken, shall not be considered as residence for naturalization purposes within the jurisdiction of the United States, and such aliens can not secure residence for naturalization purposes during service upon vessels of foreign registry."

any fee for this service unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A full accounting for all of these transactions shall be made to the Immigration and Naturalization Service" in the manner provided by section thirteen of the Act of June twenty-ninth, nineteen hundred and six. (40 Stat. 544; 8 U. S. C. 403.)"

ALIEN SEAMEN-PROTECTED AS CITIZENS

Eighth." [Repealed by Act of June 15, 1935, 49 Stat. 376.]

CITIZENSHIP-TRAINING WORK-TEXTBOOK FOR CANDIDATES FOR CITIZENSHIP

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Ninth." That for the purpose of carrying on the work of the Immigration and Naturalization Service of sending the names of the candidates for citizenship to the public schools and otherwise promoting instruction and training in citizenship responsibilities of applicants for naturalization, as provided in this subdivision, authority is hereby given for the reimbursement of the printing and binding appropriation of the Department of Justice" upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Immigration and Naturalization Service for the cost of publishing the citizenship textbook prepared and to be distributed by the Immigration and Naturalization Service" to those candidates for citizenship only who are in attendance upon the public schools, such reimbursement to be made upon statements by the Commissioner of Immigration and Naturalization of books actually delivered to such student candidates for citizenship, and a monthly naturalization bulletin, and in this duty to secure the aid of and cooperate with the official State and national organizations, including those concerned with vocational education and including personal services in the District of Columbia, and to aid the local Army exemption boards and cooperate with the War Department in locating declarants subject to the Army draft and expenses incidental thereto. (40 Stat. 544545; 8 U. S. C. 387.) 76

PERSONS MISINFORMED AS TO CITIZENSHIP STATUS

Tenth." That any person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July 1, 1920, and was on that date otherwise qualified to become a citizen of the United States, except that he had not made the declaration of intention required by law and who during or prior to that time, because of misinformation regarding his citizenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faith,

For footnote 69 see p. 476.

See footnote 61, p. 474.

2 Sec. 1. Act of May 9, 1918, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), but see sec. 701 of that Act as amended by sec. 1001, Act of March 27, 1942, at p. 412.

For context of this subdivision see footnote 85, p. 479.

This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 544-545), n. 515.

See footnote 49, p. 468.

70 Sec. 1. Act of May 9, 1918. This subdivision was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). effective January 18, 1941, but see provision in that Act. secs. 327 (c), p. 375, and 344, p. 393.

This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 545; 8 U. 8. C. 377), p. 515.

may file the petition for naturalization prescribed by law without making the preliminary declaration of intention required of other aliens, and upon satisfactory proof to the court that he has so acted may be admitted as a citizen of the United States upon complying in all respects with the other requirements of the naturalization law. (47 Stat. 167; 8 U. S. C. 377.) 78

ALIEN ENEMIES MAY BE NATURALIZED SPECIFIED CONDITIONS AND PROCEDURE

79

Eleventh. No alien who is a native, citizen, subject, or denizen of any country, State, or sovereignty with which the United States is at war shall be admitted to become a citizen of the United States unless he made his declaration of intention not less than two nor more than seven years prior to the existence of the state of war, or was at that time entitled to become a citizen of the United States, without making a declaration of intention, or unless his petition for naturalization shall then be pending and is otherwise entitled to admission, notwithstanding he shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject: Provided, That no alien embraced within this subdivision shall have his petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner or Deputy Commissioner of Immigration and Naturalization 80 to be present, and the petition shall be given no final hearing except in open court and after such notice

78 Sec. 10. Act of May 25, 1932, p. 546. The Act of June 29, 1906 (34 Stat. 596), originally contained no provision for the naturalization of persons who, because of misinformation regarding their citizenship status, had erroneously exercised the rights and performed the duties of citizens of the United States, but paragraph 2 of sec. 4, Act of June 29, 1906, was amended by sec. 3, Act of June 25, 1910 (36 Stat. 830-831) by adding after the proviso in said paragraph the following:

"Provided further, That any person belonging to the class of persons authorized and qualified under existing law to become a citizen of the United States who has resided constantly in the United States during a period of five years next preceding May first. nineteen hundred and ten, who, because of misinformation in regard to his citizenship or the requirements of the law governing the naturalization of citizens has labored and acted under the impression that he was or could become a citizen of the United States and has in good faith exercised the rights or duties of a citizen or intended citizen of the United States because of such wrongful information and belief, upon making a showing of such facts satisfactory to a court having jurisdiction to issue papers of naturalization to an allen, and the court in its judgment believes that such person has been for a period of more than five years entitled upon proper proceedings to be naturalized as a citizen of the United States, receive from the said court a final certificate of naturalization, and said court may issue such certificate without requiring proof of former declaration by or on the part of such person of their intention to become a citizen of the United States, but such applicant for naturalization shall comply in all other respects with the law relative to the issuance of final papers of naturalization to aliens."

Sec. 2, Act of May 9, 1918 (40 Stat. 546-547), repealed sec. 3, Act of June 25, 1910. However, sec. 1 of said Act of May 9, 1918 (40 Stat. 545) amended sec. 4, Act of June 29, 1906, to provide as follows:

"Tenth. That any person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July first, nineteen hundred and fourteen, and was on that date otherwise qualified to become a citizen of the United States, except that he had not made the declaration of intention required by law and who during or prior to that time, because of misinformation regarding his citi zenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, may file the petition for naturalization prescribed by law without making the preliminary declaration of intention required of other aliens, and upon satisfactory proof to the court that he has so acted may be admitted as a citi zen of the United States upon complying in all respects with the other requirements of the naturalization law."

It will be noted that this subdivision was a substantial re-enactment of the second proviso of the second paragraph of sec. 4. Act of June 29, 1906, except that the original Act fixed, as the date prior to which there must have been five years' residence, May 1, 1910. Sec. 10. Act of May 25, 1932 (47 Stat. 166-167), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173) changed the word "fourteen" in line 3 of this subdivision to read "20." See sec. 320, Nationality Act of 1940 at p. 370 for similar provisions. This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 545), p. 516.

See footnote 69, p. 476.

82

to the representative of the Government from the Immigration and Naturalization Service, whose objection shall cause the petition to be continued from time to time for so long as the Government may require: Provided, however, That nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien; and section twenty-one hundred and seventy-one of the Revised Statutes of the United States is hereby repealed: Provided further, That the President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully establishing the loyalty of any alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon he shall have the privilege of applying for naturalization; (40 Stat. 545; 8 U. S. C. 378.583

REPATRIATION OF FORMER UNITED STATES CITIZENS WHO SERVED IN ALLIED ARMED FORCES

Twelfth. That any person who, while a citizen of the United States and during the existing war in Europe, entered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certified copies thereof shall be sent by such court or consul to the Department of State and the Immigration and Naturalization Service, and the Act (Public fifty-five, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen), is hereby repealed. (40 Stat. 545-546; 8 U. S. C. 18.) 85

86

Any individual who claims to have resumed his citizenship under the provisions of this subdivision may, upon the payment of a fee of $1, make application to the Commissioner of Immigration and Naturalization, accompanied by two photographs of the applicant, for a certificate of repatriation. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen and that the citizenship was resumed as claimed, such individual shall be furnished a certificate of repatriation by the Commissioner, but only if such individual is at the time within the United States. The certificate of repatriation issued under this subdivision shall have the same effect as a certificate issued by a court having naturalization jurisdiction, and the provisions of subdivisions (b) and (c) of section

See footnote 61, p. 474.

82 The provision here omitted from this subdivision relates only to an appropriation for the fiscal year ended June 30, 1919.

83 Sec. 1, Act of May 9, 1918. This section was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941, but similar provisions appear in sec. 326 of that Act at p. 374.

This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 545-546), p. 516.

85 Sec. 1, Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941, but see sec. 323 at p. 371 of that Act for similar provisions.

See footnote 69, p. 476.

38 shall apply in respect of proceedings and certificates of repatriation under this subdivision in the same manner and to the same extent, including penalties, as they apply in respect of proceedings and certificates of citizenship issued under such section. (46 Stat. 791; 8 U. S. C. 18.)

PERSONS IN UNITED STATES MILITARY OR NAVAL FORCES AT TERMINATION OF WORLD WAR OR HONORABLY DISCHARGED FOR DISABILITY IN LINE OF DUTY

Thirteenth." That any person who is serving in the military or naval forces of the United States at the termination of the existing war, and any person who before the termination of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability incurred in line of duty, shall, if he applies to the proper court for admission as a citizen of the United States, be relieved from the necessity of proving that immediately preceding the date of his application he has resided continuously within the United States the time required by law of other aliens, or within the State, Territory, or the District of Columbia for the year immediately preceding the date of his petition for naturalization, but his petition for naturalization shall be supported by the affidavits of two credible witnesses, citizens of the United States, identifying the petitioner as the person named in the certificate of honorable discharge, which said certificate may be accepted as evidence of good moral character required by law, and he shall comply with the other requirements of the naturalization law. (40 Stat. 546; 8 U. S. C. 391.)

DESIGNATION OF NATURALIZATION EXAMINERS OR OFFICERS TO CONDUCT PRELIMINARY HEARINGS UPON PETITIONS FOR CITIZENSHIP

91

89

Fourteenth. (a) The judge of any United States district court, or the senior judge of such court if there are more judges than one, is hereby authorized, in his discretion, to designate one or more examiners or officers of the Immigration and Naturalization Service 21 serving as such examiner or officer within the territorial jurisdiction of such court, to conduct preliminary hearings upon petitions for naturalization to such court, and to make findings and recommendations thereon. For such purposes any such designated examiner or officer is hereby authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpoena witnesses, and to administer oaths, including the oath of the petitioner to his petition and the oath of his witnesses.

"Act of June 21, 1930, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1178; 8 U. S. C. 904), effective January 13, 1941, but see sec. 341 (a) at p. 390, 342 (b) at p. 391, and 346 at p. 394 for similar provisions under that Act.

This subdivision was added to sec. 4. Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 546), p. 517, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941.

This subdivision was added to sec. 4, Act of June 29, 1906, by the Act of June 8, 1926 (44 Stat. 709-710), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 904), but see secs. 333. p. 382, and 334 (b), p. 383, for provisions regarding designated examiners under that Act.

Secs. 333 and 834, Nationality Act of 1940 (54 Stat. 1156; 8 U. S. C. 788, 734) give authority to the Commissioner or a Deputy Commissioner to designate members of the Service to conduct preliminary hearings in both Federal and State naturalisation courts.

See footnote 61, p. 474.

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