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(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.

(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."

Constitutional Provisions Relating to
Nationality

ARTICLE I

SECTION 8. The Congress shall have power lish a uniform rule of naturalization

to estab

ARTICLE XIV OF THE AMENDMENTS

SECTION 1. 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.

claimed July 28, 1868.)

Treaties Relating to Nationality'

ALASKA

[See Treaty under "Russia."]

ALBANIA

(Pro

[Naturalization treaty signed at Tirana, April 5, 1932; ratification advised by the Senate, February 6, 1935; ratified by the President, March 13, 1935; ratified by Albania, April 12, 1935; ratifications exchanged at Tirana, July 22, 1935; proclaimed July 29, 1935.]

ARTICLE I

Nationals of the United States who have been or shall be naturalized in Albanian territory shall be held by the United States to have lost their former nationality and to be nationals of Albania.

Reciprocally, nationals of Albania who have been or shall be naturalized in territory of the United States shall be held by Albania to have lost their original nationality and to be nationals of the United States.

The word "national", as used in this convention, means a person owing permanent allegiance to, or having the nationality of, the United States or Albania, respectively, under the laws thereof.

The word "naturalized", as used in this convention, refers only to the naturalization of persons of full age, upon their own applications, and to the naturalization of minors, through the naturalization of their parents. It does not apply to the acquisition of nationality by a woman through marriage. Minor

Section 410 (p. 408) of the Nationality Act of 1940 provides as follows: "Nothing in this Act shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party upon the date of the approval of this Act." (54 Stat. 1171; 8 U. S. C. 810.)

children of persons naturalized in either country shall not acquire the nationality of that country until they shall have established their habitual residence there.

ARTICLE II

Nationals of either country, who have or shall become naturalized in the territory of the other, as contemplated in Article I, shall not, upon returning to the country of former nationality, be punished for the original act of emigration, or for failure to respond to calls for military service accruing after bona fide residence was acquired in the territory of the country whose nationality was obtained by naturalization.

ARTICLE III

If a national of either country, who comes within the purview of Article I, shall renew his residence in his country of origin without the intent to return to that in which he was naturalized, he shall be held to have renounced his naturalization,

The intent not to return may be held to exist when a person naturalized in one country shall have resided more than two years in the other; but this presumption may be overcome by evidence to the contrary.

ARTICLE IV

A person born in the territory of one party of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party. (49 Stat. 3241; Treaty Series, No. 892; Trenwith, Treaties, IV, 3922.)

AMERICAN SAMOA

[See Treaty under “Germany."]

ARGENTINA

[See Multipartite Treaties at page 631.]

BELGIUM

[Naturalization convention signed at Brussels, November 16, 1868; ratification advised by the Senate, April 12, 1869; ratified by the President April 18, 1869; ratified by Belgium, May 30, 1869; ratifications exchanged at Brussels, July 10, 1869; proclaimed, July 30, 1869.]

ARTICLE I

Citizens of the United States who may or shall have been naturalized in Belgium will be considered by the United States as citizens of Belgium. Reciprocally, Belgians who may or who shall have been naturalized in the United States will be considered by Belgium as citizens of the United States.

ARTICLE II

Citizens of either contracting party, in case of their return to their original country, can be prosecuted there for crimes or misdemeanors committed before naturalization, saving to them such limitations as are established by the laws of their original country.

ARTICLE III

Naturalized citizens of either contracting party who shall have resided five years in the country which has naturalized them, cannot be held to the obligation of military service in their original country, or to incidental obligation resulting therefrom, in the event of their return to it, except in cases of desertion from organized and embodied military or naval service, or those that may be assimilated thereto by the laws of that country.

ARTICLE IV

Citizens of the United States naturalized in Belgium shall be considered by Belgium as citizens of the United States when they shall have recovered their character as citizens of the United States, according to the laws of the United States. Reciprocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium. (16 Stat. 747, 18 Stat. (pt. 2, Public Treaties), 61; Treaty Series, No. 24; Malloy, Treaties, I, 80.)

BOLIVIA

[See Multipartite Treaties at page 631.]

BRAZIL

[Naturalization convention signed at Rio de Janeiro, April 27, 1908; ratification advised by the Senate, December 10, 1908; ratified by the President, December 28, 1908; ratified by Brazil, December 6, 1909; ratifications exchanged at Rio de Janeiro, February 28, 1910; proclaimed, April 2, 1910.]

ARTICLE I

Citizens of the United States of America who may or shall have been naturalized in the United States of Brazil upon their own application or by their own consent, will be considered by the United States of America as citizens of the United States of Brazil. Reciprocally, Brazilians who may or shall have been naturalized in the United States of America upon their own application or by their own consent will be considered by the United States of Brazil as citizens of the United States of America.

ARTICLE II

If a citizen of the United States of America, naturalized in the United States of Brazil, renews his residence in the United States of America, with the intention not to return to the United States of Brazil, he shall be held to have renounced his naturalization in the United States of Brazil; and, reciprocally, if a citizen of

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