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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.)*

"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 of Immigration and Naturalization to be present, and the petition shall be given no final hearing except in open court, and after such notice 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of such alien; and section twenty-one hundred and seventy-one of the Revised Statutes of the United States is hereby repealed: Provided further, That the President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully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. 379.)7

"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 Department of State and the Immigration and Natural

Sec. 10, Act of May 25, 1932. Between May 9, 1918, and May 25, 1932, the words "during the period of five years next preceding July 1, 1920" read "during the period of five years next preceding July 1, 1914." For discussion of sec. 3. Act of June 25, 1910 (36 Stat. 830-831), repealed by sec. 2, Act of May 9, 1918 (40 Stat. 546-547), providing for the naturalization of persons misinformed as to citizenship status, see footnote 78 to Act of June 29, 1906, at p. 478.

See footnote 61, p. 474.

See footnote 49. p. 468.

For provisions relating to alien enemies prior to the enactment of this law, see sec. 2171 Revised Statutes, p. 457. For present provisions, see sec. 326 of the Nationality Act of 1940, p. 374.

ization 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.)

"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 33 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.) 3

"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.)

REPEALING PROVISIONS AND SAVING CLAUSE

SEC. 2. That the following provisions of law be, and they are hereby, repealed: Section twenty-one hundred and sixty-six and twenty-one hundred and seventy-four of the Revised Statutes of

For footnote 5 see p. 516.

Act of June 21, 1920. Prior to June 21, 1930, the twelfth subdivision as added to sec. 4, Act of June 29, 1906, as amended, by sec. 1, Act of May 9, 1918 (40 Stat. 545–546), read as follows:

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."

the United States of America and so much of an Act approved July twenty-sixth, eighteen hundred and ninety-four, entitled "An Act making provisions for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes," being chapter one hundred and sixty-five of the laws of eighteen hundred and ninety-four (Twenty-eighth Statutes at Large, page one hundred and twenty-four), reading as follows: "Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine Corps;" and so much of an Act approved June thirtieth, nineteen hundred and fourteen, entitled "An Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and fifteen, and for other purposes," being chapter one hundred and thirty of the laws of nineteen hundred and fourteen (Thirty-eighth Statutes at Large, part one, page three hundred and ninety-two), reading as follows: "Any alien of the age of twenty-one years and upward who may under existing law become a citizen of the United States, who has served or may hereafter serve for one enlistment of not less than four years in the United States Navy or Marine Corps, and who has received therefrom an honorable discharge or an ordinary discharge, with recommendation for reenlistment, or who has completed four years in the Revenue-Cutter Service and received therefrom an honorable discharge or an ordinary discharge with recommendation for reenlistment, or who has completed four years of honorable service in the naval auxiliary service, shall be admitted to become a citizen of the United States upon his petition without any previous declaration of his intention to become such, and without proof of residence on shore, and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof from naval or revenue-cutter sources of such service: Provided, That an honorable discharge from the Navy, Marine Corps, Revenue-Cutter Service, or the Naval Auxiliary Service, or an ordinary discharge with recommendation for reenlistment, shall be accepted as proof of good moral character: Provided further, That any court which now has or may hereafter be given jurisdiction to naturalize aliens as citizens of the United States may immediately naturalize any alien applying under and furnishing the proof prescribed by the foregoing provisions;" and so much of section three of an Act approved June twenty-fifth, nineteen hundred and ten (Thirty-fourth Statutes at Large, part one, page six hundred and thirty), reading as follows: "That paragraph two of section four of an Act entitled 'An Act to establish a Bureau of Immigration and Naturalization, and to provide for a

uniform rule for the naturalization of aliens throughout the United States,' approved June twenty-ninth, nineteen hundred and six, be amended by adding, after the proviso in paragraph two of section four of said Act, 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 may, upon making a showing of such facts satisfactory to a court having jurisdiction to issue papers of naturalization to an alien, 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 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."

That all Acts or parts of Acts inconsistent with or repugnant to the provisions of this Act are hereby repealed; but nothing in this Act shall repeal or in any way enlarge section twenty-one hundred and sixty-nine of the Revised Statutes, except as specified in the seventh subdivision of this Act and under the limitation therein defined: Provided, That for the purposes of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to this Act the statutes and laws hereby repealed shall remain in full force and effect: Provided further, That as to all aliens who, prior to January first, nineteen hundred, served in the Armies of the United States and were honorably discharged therefrom, section twentyone hundred and sixty-six of the Revised Statutes of the United States shall be and remain in full force and effect, anything in this Act to the contrary notwithstanding. (40 Stat. 546-547; 8 U.S. C. 359, 388, 395, 416.)

SEC. 3. That all certificates of naturalization granted by courts of competent jurisdiction prior to December thirty-first, nineteen hundred and eighteen, upon petitions for naturalization filed prior to January thirty-first, nineteen hundred and eighteen, upon declarations of intention filed prior to September twenty-seventh, nineteen hundred and six, are hereby declared to be valid in so far as the declaration of intention is concerned, but shall not be by this Act further validated or legalized.

The word "District" in sections four, ten, and twenty-seven of the Act which this Act amends is hereby amended to read "the District of Columbia." (40 Stat. 548; 8 U. S. C. 406, 409.)

DEBARRING FROM NATURALIZATION CERTAIN ALIENS WITHDRAWING THEIR DECLARATIONS OF INTENTION TO AVOID MILITARY SERVICE [Act approved July 9, 1918]

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Provided, That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration, in accordance with such regulations as the President may prescribe, withdrawing his intention to become a citizen of the United States, which shall operate and be held to cancel his declaration of intention to become an American citizen and he shall forever be debarred from becoming a citizen of the United States." XII, 40 Stat. 885; 8 U. S. C. 366.)

(Ch.

DEBARRING FROM NATURALIZATION CERTAIN ALIENS WITHDRAWING THEIR DECLARATIONS OF INTENTION TO AVOID MILITARY SERVICE

[Act approved August 31, 1918]

SEC. 1. Provided further, That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration, in accordance with such regulations as the President may prescribe, withdrawing his intention to become a citizen of the United States, which shall operate and be held to cancel his declaration of intention to become an American citizen, and he shall forever be debarred from becoming a citizen of the United States.) 10 (40 Stat. 955.)

APPOINTMENT OF CLERKS OF UNITED STATES DISTRICT COURTS AND FIXING OF SALARIES

[Act approved February 26, 1919," as amended by the Act of February 11, 1921] That section 1 of the Act aproved February 26, 1919, entitled "An Act to fix the salaries of the clerks of the United States district

This provision repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. was identical with second proviso to sec. 1, Act of August 31, 1918 (40 Stat. 955; 8 U. S. C. 366). also repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940. The Act of February 11, 1931 (48 Stat. 1087; 8 U. S. C. 366a), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), provided that notwithstanding any provision of law to the contrary, no alien should be barred from becoming a citizen of the United States on the ground that he withdrew his intention to become a citizen of the United States in order to secure discharge from the military service, if such withdrawal (and the application therefor) and discharge took place after November 11, 1918. See first proviso sec. 3 (a) of the Selective Training and Service Act of 1940 approved Sept. 16, 1940, as amended. (54 Stat. 885; 50 U. S. C. 303.)

10 This provision, repealed by sec. 504 Nationality Act of 1940 (54 Stat. 1173: 8 U. S. C. 964), effective January 13, 1941, was identical with proviso to sec. 4, Act of July 9, 1918 (40 Stat. 885; 8 U. S. C. 366), also repealed by sec. 504, Nationality Act of 1940. The Act of February 11. 1931 (46 Stat. 1087; 8 U. S. C. 366a), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), provided that notwithstanding any provision of law to the contrary, no alien should be barred from becoming a citizen of the United States on the ground that he withdraw his Intention to become a citizen of the United States in order to secure discharge from the military service, if such withdrawal (and the application therefor) and discharge took place after November 11, 1918. See first proviso sec. 3 (a) of the Selective Training and Service Act of 1940 approved September 16, 1940, as amended. (54 Stat. 885; 50 U. S. C. 303.)

Sec. 1, Act of March 4, 1921 (41 Stat. 1412-1413; 28 U. S. C. 557), supplemented the Act of February 26, 1919. in providing as follows: "SEC. 1. That provisions of the Act entitled 'An Act to fix the salaries of the clerks of the United States district courts and to provide for their office expenses, and for other purposes,' approved February 26, 1919, shall be applicable on and after July 1, 1921, to the clerk of the Supreme Court of the District of Columbia, excepting that said clerk shall be appointed as heretofore by said Court in General Term, and to the clerks of the district courts of the United States for Hawali and Puerto Rico: Provided further, That no clerk or deputy clerk or assistant in the office of the clerk of a United States district court shall receive any compensation or emoluments through any office or position to which he may be appointed by the court, other than that received as such clerk, deputy clerk, or assistant, whether from the United States or from private litigants.

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