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Presidential Proclamations and Executive

Orders Relating to Nationality PROCLAMATION GRANTING AMNESTY AND RESTORING CITIZEN

SHIP TO CERTAIN DESERTERS OF THE ARMED FORCES OF THE UNITED STATES

(Presidents Proclamation of March 5, 1924, 43 Stat. 1940] : Whereas, in and by the Constitution of the United States of America, it is provided that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment”; and

Whereas, Sections 1996 and 1998 of the Revised Statutes of the United States as modified by the Act of Congress approved August 22, 1912 (37 Stat. 356), prescribe that all persons thereafter deserting the military or naval service of the United States shall be deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens, and shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof, but that said provisions "shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace"; and

Whereas, an armistice was signed with the Imperial AustroHungarian Government on November 3, 1918, and with the Imperial German Government on November 11, 1918, the effect of which was to terminate hostilities; and

Whereas, the war with the aforesaid foreign powers was not formally at an end until July 2, 1921, as declared by a Joint Resolution of the Senate and House of Representatives of the United States approved July 2, 1921, and by proclamations of the President of the United States of November 14, 1921, and November 17, 1921; and

Whereas, many persons who deserted from the military or naval service of the United States on or after November 11, 1918, and therefor were duly convicted of desertion committed in time of war, are now leading blameless lives and have reestablished themselves in the confidence of their fellow citizens, and it is believed that further application of the provisions of the Revised Statutes hereinabove set forth to their cases would in most instances be productive of no good results and would be contrary to the spirit of those provisions;

Now, therefore, be it known, that I, Calvin Coolidge, President of the United States of America, in consideration of the premises, divers other good and sufficient reasons me thereunto moving, do hereby declare and grant amnesty and pardon to all persons who have heretofore been or may hereafter be convicted of desertion from the military or naval service of the United States in time of war, committed during the war hereinbefore mentioned and on or since November 11, 1918, to the extent that there shall be, and hereby are, fully remitted as to such persons any relinquishment or forfeiture of their rights of citizenship as well as their right to become citizens, and any incapacity to hold office of trust or profit under the United States or to exercise any rights of citizens thereof, which forfeitures and disabilities have heretofore been or may hereafter be incurred under the provisions of the sections of the Revised Statutes hereinabove set forth by any such persons in consequence of conviction of desertion committed in time of war as a foresaid.

1 For authority for issuance of this proclamation see Act of March 3, 1865, as amended by Act of Aug. 22, 1912. (37 Stat. 356 ; 8 U. S. C. 11), p. 452.

For further provisions relating to restoration of citizenship following desertion see sec. 401 (8) Act of Oct. 14, 1940. as amended by the Act of Jan. 20, 1944, p. 404,

Furthermore, I do hereby proclaim, declare and make known that nothing contained in this

proclamation is intended to remove, or to authorize the removal of, any charge of desertion which may now be standing on the rolls or records of the United States in the case of any person, or as pardoning, remitting or mitigating any penalties to which any person has become, is now, or hereafter may become liable, except as hereinbefore specifically provided.

CONSOLIDATION OF BUREAUS OF IMMIGRATION AND

NATURALIZATION

(Executive Order No. 6166 of June 10, 1933] EXCEPTING CERTAIN PERSONS FROM THE CLASSIFICATION OF "ALIEN ENEMY” FOR THE PURPOSE OF PERMITTING THEM TO APPLY FOR NATURALIZATION

[Executive Order No. 9106 of March 20, 1942] •

AUTHORITY Whereas section 326 of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1150; U.S.C., title 8, sec. 726), reads as follows:

Sec. 326. (a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may be naturalized as a citizen of the United States if such alien's declaration of intention was made not less than two years prior to the beginning of the state of war, or such alien was at the beginning of the state of war entitled to become a citizen of the United States without making a declaration of intention, or his petition for naturalization shall at the beginning of the state of war be pending and the petitioner is otherwise entitled to admission, notwithstanding such petitioner shall be an alien enemy at the time and · (b) An alien embraced within this section shall not have such alien's position for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner to be represented at the hearing, and the Commissioner's objection to such final hearing shall cause the petition to be continued from time to time for so long as the Commissioner may require.

in the manner prescribed by the laws passed upon that subject. : For provisions relating to loss of citizenship for desertion see R. $, sec. 1996 (Act of March 8, 1865, 8 U. S. C. 12), p. 452, R. $. sec. 1998. (Act of March 3, 1865 as amended by Act of Aug. 22, 1912 (sec. 1, Act of Aug. 22, 1912, 37 Stat. 356 ; 8 U. 8. C. 11), pp. 452 and 504, and sec. 401 (8) Act of Oct. 14, 1940, as amended by the Act of Jan, 20, 1944, p. 404.

• For text of Executive Order 6166, see footnote 25, p. 462..

• Executive Order No. 9106 of March 20, 1942, has been superceded by Executive Order No. 9372 of Aug. 27, 1943,

(c) 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.

(d) 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 such alien shall have the privilege of applying for naturalization.

PROCLAMATION Now, therefore, by virtue of the authority vested in me by the foregoing statutory provisions, and in order to carry out the purposes thereof, I hereby except from the classification "alien enemy" all persons whom the Attorney General of the United States shall, after investigation fully establishing their loyalty, certify as persons loyal to the United States.

This order supersedes Executive Order No. 3008 of November 26, 1918, entitled "Excepting Certain Persons from the Classification of 'Alien Enemy for the Purpose of Permitting Them to Apply for Naturalization”. EXCEPTING CERTAIN PERSONS FROM THE CLASSIFICATION OF

"ALIEN ENEMY” FOR THE PURPOSE OF PERMITTING THEM TO APPLY FOR NATURALIZATION

(Executive Order No. 9372 of August 27, 1943) Whereas section 326 of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1150; U. S. C., title 8, sec. 726), reads as follows:

Sec. 326. (a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may be naturalized as a citizen of the United States if such alien's declaration of intention was made not less than two years prior to the beginning of the state of war, or such alien was at the beginning of the state of war entitled to become a citizen of the United States without making a declaration of intention, or his petition for naturalization shall at the beginning of the state of war be pending and the petitioner is otherwise entitled to admission, notwithstanding such petitioner shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject.

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(b) An alien embraced within this section shall not have such alien's petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner to be represented at the hearing, and the Commissioner's objection to such final hearing shall cause the petition to be continued from time to time for so long as the Commissioner may require.

(c) 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.

(d) The President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully establishing the loyalty of an alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon such alien shall have the privilege of applying for naturalization.

Now, therefore, by virtue of the authority vested in me by the foregoing statutory provisions, and in order to carry out the purposes thereof, I hereby except from the classification "alien enemy" all persons whom the Attorney General, the Commissioner of Immigration and Naturalization, or any District Director of the Immigration and Naturalization Service shall, after investigation fully establishing their loyalty, certify as persons loyal to the United States.

This order supersedes Executive Order No. 9106 of March 20, 1942, entitled “Excepting Certain Persons from the Classification of 'Alien Enemy' for the Purpose of Permitting them to Apply for Naturalization."

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