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 the 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 846, p. 894, for similar provisions of that Act.)

BASIC NATURALIZATION ACT OF 1906, PROVIDING FOR THE NATURALIZATION OF ALIENS THROUGHOUT THE UNITED STATES AND ESTABLISHING THE IMMIGRATION AND NATURALIZATION 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.25 (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.)

24 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. S. 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. S. 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 Commissioner of Immigration and Naturalization) and its functions to the Department of Justice, and directed that the Service be administered under the direction and supervision 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.

463

MAKING REGISTRY OF ALIENS IN CERTAIN CASES WHERE THERE IS NO
RECORD OF ADMISSION FOR PERMANENT RESIDENCE 26

That (a) the registry of aliens at ports of entry required by section 1 of the Act of June 29, 1906 (Thirty-fourth Statutes at Large, part 1, page 596), as amended, may be made as to any alien not ineligible to citizenship in whose case there is no record of admission for permanent residence, if such alien shall make a satisfactory showing to the Commissioner of Immigration and Naturalization, in accordance with regulations prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Attorney General,25 that he

(1) Entered the United States prior to July 1, 1924;27

(2) Has resided in the United States continuously since such entry;

(3) Is a person of good moral character; and

(4) Is not subject to deportation. (45 Stat. 1512-1513; 8 U. S. C. 106a.) 28

FEE FOR RECORD OF REGISTRY

(b) For each such record of registry made as herein authorized the alien shall pay to the Commissioner of Immigration and Naturalization a fee of $10.29 All fees collected under this section shall be deposited in the Treasury as miscellaneous receipts. (45 Stat. 1513; 8 U. S. C. 106a.)

PENALTIES FOR VIOLATIONS IN REGISTRY PROCEEDINGS

(c) The provisions of section 76 of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States,' approved March 4, 1909, shall apply in respect to the record of

For footnote 25 see page 462.

30

As supplemented by secs. 1, 2, 3, and 5, Act of March 2, 1929 (45 Stat. 1512-1513; 8 U. S. C. 106a, 106b, 106c), effective July 1, 1929, as amended by the Act of June 8, 1934 (48 Stat. 926, 927; 8 U. S. C. 106a), and the Act of August 7, 1939 (53 Stat. 1243; 8 U. S. C. 106a), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), See secs. 328, 329, and 842 (b) (1), Nationality Act of effective January 13, 1941.

1940, at pages 377 and 391.

The date was originally June 8, 1921, being changed to July 1, 1924, by the Act of August 7, 1939 (53 Stat. 1243; 8 U. S. C. 106a), which read as follows:

That sec. 1 (a) (1) of the Act of March 2, 1929. entitled 'An Act to supplement the naturalization laws, and for other purposes' (45 Stat., ch. 536, p. 1512), which now reads (1) Entered the United States prior to June 3, 1921,' is hereby amended, effective as of the date this Act is enacted, so as to read as follows: (1) Entered the United States prior to July 1, 1924.'"

2 Subdivision (a) of sec. 1. Act of March 2, 1929 (45 Stat. 1512; 8 U. S. C. 106a), was amended by the following temporary provisions contained in the Act of June 8, 1934 (48 Stat. 926-927; 8 U. S. C. 106a):

"Upo n application filed with the Commissioner General of Immigration within one year after the approval of this Act such registry may also be made as to any alien not ineligible to citizenship who entered the United States prior to July 1, 1933, in whose case there is no record of admission for permanent residence and (a) who prior to that date could not be deported to any country to which it was lawful to deport him, and (b) who was in the United States as a bona fide political or religious refugee, if such alien shall make a satisfactory showing to the Commissioner General of Immigration, in accordance with regulations prescribed by the Commissioner General of Immigration, with the approval of the Secretary of Labor, that he "(1) Has not been out of the United States since entry;

"(2) Is a person of good moral character;

(3) Is not subject to deportation under any law other than the Immigration Act of 1924; and

"(4) Did not, before July 1, 1933, withhold from the immigration authorities of the United States necessary information concerning his personal history sought in connection with their application to the authorities of any foreign country for permission to deport him thereto."

Fee, originally $20, was reduced to $10 by sec. 6, Act of April 19, 1934 (48 Stat. 598; 8 U. S. C. 106a). It was subsequently increased to $18 effective January 13, 1941. by sec. 842 (b) (1), Nationality Act of 1940 (54 Stat. 1161; 8 U. S. C. 742 (b)), which see at p. 391.

20 For the provisions of sec. 76, Act of March 4, 1909, which was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), see p. 502.

registry authorized by this section in the same manner and to the same extent, including penalties, as they apply in respect of the oaths, notices, affidavits, certificates, orders, records, signatures and other instruments, papers or proceedings specified in such section 76.81 (45 Stat. 1513; 8 U. S. C. 106a.)

ALIENS IN RESPECT OF WHOM AUTHORIZED RECORD OF REGISTRY HAS BEEN MADE, DEEMED LAWFULLY ADMITTED TO UNITED STATES FOR PERMANENT RESIDENCE AS OF DATE OF ENTRY"

For the purposes of the immigration laws and the naturalization laws an alien, in respect of whom a record of registry has been made as authorized by section 1 of this Act (of March 2, 1929), shall be deemed to have been lawfully admitted to the United States for permanent residence as of the date of his entry. (45 Stat. 1513; 8 U. S. C. 106c.)

CERTIFICATE OF ARRIVAL MAY BE ISSUED UPON APPLICATION TO COMMISSIONER OF IMMIGRATION AND NATURALIZATION AND PAYMENT OF FEE”

Upon the making of a record of registry as authorized by section 1 of this Act, the certificate of arrival required by the fourth paragraph of the second subdivision of section 4 of such Act of June 29, 1906, as amended, may be issued upon application to the Commissioner of Immigration and Naturalization, in accordance with regulations prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, and upon payment of the fee prescribed by section 5 of this Act (of March 2, 1929). (45 Stat. 1513; 8 U. S. C. 106b.)

FEE FOR CERTIFICATE OF ARRIVAL TO BE PAID TO THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION

For every certificate of arrival issued for naturalization purposes a fee of $2.50 shall be paid to the Commissioner of Immigration and Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees. (48 Stat. 597; 8 U. S. C. 380a.)

84

PROVISIONS FOR CARRYING ACT OF JUNE 29, 1906, INTO EFFECT

SEC. 2. (This section is omitted, as it authorized the Secretary of Commerce and Labor to provide the necessary offices in the city of Washington and take the necessary steps for the proper discharge of the duties imposed by the Act of June 29, 1906; 34 Stat. 596.)

a Effective July 1, 1929.

2 Sec. 8, Act of March 2, 1929, effective July 1, 1929, p. 532, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), p. 410.

Sec. 2, Act of Mach 2, 1929, effective July 1, 1929, p. 532, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), p. 410.

Sec. 3, Act of April 19, 1934, amending sec. 5 of Act of March 2, 1929 (45 Stat. 1513), which latter section read as follows: "For any certificate of arrival issued for naturalization purposes a fee of $5 shall be paid to the Commissioner of Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees." Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172).

JURISDICTION OF NATURALIZATION COURTS"

SEO. 3. That exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts:

89

United States District Courts now existing, or which may hereafter be established by Congress in any State, United States District Courts for the Territories " of Hawaii and Alaska, District Courts of the United States for the District of Columbia 88 and Puerto Rico and the District Court of the Virgin Islands of the United States;40 also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited."

That the naturalization jurisdiction of all courts herein specified, State, Territorial, and Federal, shall extend only to aliens resident within the respective judicial districts of such courts.

NATURALIZATION FORMS TO BE FURNISHED BY THE SERVICE

The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Immigration and Naturalization Service with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be consecutively numbered and printed on safety paper furnished by said Service. (34 Stat. 596; 8 U. S. C. 408.)

LIMITATION ON MANNER OF NATURALIZATION 43

SEC. 4. That an alien may be admitted to become a citizen of the United States in the following manner and not otherwise; (34 Stat. 596.)

35 Sec. 3 was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), but substantially re-enacted in sec. 301 there of, at p. 358.

26 United States circuit courts, which were originally given naturalization jurisdiction by the Act of June 29, 1906 (34 Stat. 596), were abolished from and after January 1, 1912, by the Act of Congress approved March 3, 1911 (36 Stat. 1167).

37 The United States District Courts for the Territories of Arizona, New Mexico, and Oklahoma were abolished by Acts of Congress conferring statehood upon those Terrltories.

38 Name of the "Supreme Court for the District of Columbia," included in the 1906 Naturalization Act was changed to "District Court of the United States for the District of Columbia," by the Act of June 25, 1936 (49 Stat. 1921).

Naturalization jurisdiction was conferred upon the District Court of the United States for Puerto Rico by sec. 41, Act of March 2, 1917, which read as follows: "SEC. 41. That Puerto Rico shall constitute a judicial district to be called 'the district of Puerto Rico.' The district court for said district shall be called 'the District Court of the United States for Puerto Rico,' and said district court shall have jurisdiction for the naturalization of aliens and Puerto Ricans, and for this purpose residence in Puerto Rico shall be counted in the same manner as residence elsewhere in the United States (39 Stat. 965; 8 U. S. C. 358, 48 U. S. C. 863.) 40 Naturalization jurisdiction was conferred upon the District Court of the Virgin Islands of the United States by sec. 4, Act of February 25, 1927, which read as follows: "SEC. 4. The District Court of the Virgin Islands of the United States shall have jurisdiction for naturalization purposes (including jurisdiction for the purpose of setting aside and canceling certificates of citizenship under section 15 of the 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 29, 1906, as amended); and for the purpose of the naturalization laws residence in the Virgin Islands of the United States shall be considered as residence in the United States." (44 Stat. 1235; 8 U. S. C. 358a.)

This paragraph of sec. 3, Act of June 29, 1906 (34 Stat. 596), originally read as follows: United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the supreme court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited."

Sec. 4 was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), but see sec. 331 thereof, at p. 378, for present requirements.