TO AMEND THE NATIONALITY ACT OF 1940

WEDNESDAY, FEBRUARY 18, 1942

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON IMMIGRATION,

Washington, D. C.

The subcommittee, consisting of Senators Maloney, Herring, and Ball, met pursuant to adjournment, at 10 a. m., Hon. Francis Maloney (chairman) presiding.

Present: Senators Maloney (chairman) and Ball.

Senator MALONEY. Mr. Holtzoff, do you want to make a state

ment?

STATEMENT OF ALEXANDER HOLTZOFF, SPECIAL ASSISTANT TO THE ATTORNEY GENERAL

Senator MALONEY. All right; you may proceed. Please give your full name and title to the reporter.

Mr. HOLTZOFF. Senator, I presume that the best way for me to proceed, unless you prefer that I should proceed in some other way, would be to summarize very briefly and very succinctly the purport of each section of the bill.

Senator MALONEY. I would like to have you do that. And will you give your name and title for the record.

Mr. HOLTZOFF. Alexander Holtzoff, special assistant to the Attorney General.

Many of the sections of the bill contain only minor amendments of the Nationality Act of 1940. One or two of the sections contain some substantial changes, that go to the substance.

Section 1 is an amendment to the naturalization provisions of the Nationality Act and is intended to ameliorate the difficulties with which members of the military and naval forces are at times confronted. This section would exempt members of the military and naval forces from the requirement of 6 months' residence in the State in which the petition for naturalization is filed.

The reason for that exemption appears to be obvious, because men in the military and naval forces are frequently shifted around and they find on occasion difficulties in conforming to the residence requirements.

The second provision of that section would simplify the naturalization proceedings of soldiers and sailors by permitting the petition for naturalization to be filed in any naturalization court regardless of the place of residence of the applicant; and permits an immediate hearing on such application.

Senator BALL. Have you any idea how many aliens are affected by that provision?

69296-42-5

29

Mr. HOLTZOFF. I don't know. I wonder if you have an estimate, Mr. Shoemaker?

Mr. SHOEMAKER. I could not give you any definite estimate, but there are a considerable number of aliens in the armed forces who would be affected. Now, that applies particularly to those in the military, as differentiated from the naval.

Mr. HOLTZOFF. There are quite a number of men who have taken out their first papers.

Senator BALL. Aliens were not subject to the draft, until this last amendment.

Mr. HOLTZOFF. Well, those aliens who have taken out their first papers are subject to the draft; are they not?

Senator BALL. Well, they are now. Any alien is now.

Mr. HOLTZOFF. Yes; but all aliens who have taken out their first papers were subject to the draft, in the beginning.

Senator BALL. Were they?

Mr. HOLTZOFF. And this would facilitate their getting their final papers.

Senator BALL. Yes.

Mr. HOLTZOFF. Now, section 2 proposes to change only one word in the existing law on page 2, line 16. The existing law uses the word "residence," "whose residence abroad"; and the bill proposes to strike out the word "residence" and substitute the word "absence" to make it "absence abroad".

The provision relates to an alien residing in this country who goes abroad for a temporary visit, and prescribes the conditions under which such a temporary absence abroad may be counted as part of his 5 years' residence which is a necessary qualification for naturalization. And the only change that the bill makes, as I said a moment ago, is to change the phrase "residence abroad" to "absence abroad," so it would not be necessary to show that he is actually a resident of a foreign country if he goes on a temporary visit.

Senator MALONEY. Would he have to maintain a home in this country to qualify?

Mr. HOLTZOFF. No; he has to be permanently a resident of this country, and would require a domicile but not a physical place of abode.

Section 3 would make an important change in the Naturalization Act. It is intended for the purpose of ameliorating the situation in which many elderly aliens find themselves who have lived here for a great many years and who are unable to become citizens because they cannot comply with the educational tests. There are quite a number of aliens in that position, and this would permit any alien who is 50 years of age or over and who has lived in this country continuously since prior to July 1, 1924, to become naturalized without complying with the educational requirements; provided, of course, he is otherwise eligible.

I think this will open up citizenship to a great many worthy people who would make very good American citizens, who are loyal and patriotic Americans today, but who cannot become naturalized because they are unable to meet the educational test and they are too old to learn.

Senator MALONEY. Some people feel that that is making American citizenship pretty cheap, Mr. Holtzoff?

Mr. HOLTZOFF. Well, of course that is a matter of policy and judgment for the Congress to determine. I venture this suggestion, that I do not think anything should be done to make American citizenship cheap. American citizenship is one of the greatest gifts, the greatest privileges that any man can have.

I do suggest this, however, that if you have a person who has lived in this country a great many years-this would require residence for over 17 years he has passed the time of life where he could learn to read and write, and yet, if he is perfectly loyal to our form of government, loyal to this country, the fact that he is unable to meet the literacy test does not make him any the worse subject for naturalization than he would be if he could meet the test.

Senator BALL. Why? It seems to me he is in kind of a tough literacy spot in trying to vote on the complex issues we have in elections today if he cannot read or write or speak or understand English and cannot meet the educational requirements for naturalization.

Mr. HOLTZOFF. Of course he is at a great disadvantage; I don't believe anyone can successfully controvert that. On the other hand, he may be perfectly loyal to our form of government, perfectly loyal to democracy and loyal to American ideals.

Senator BALL. Well, we need something more than just loyalty today, I think, and we have for the last 8 years. That is one reason we are in this mess.

Mr. HOLTZOFF. Don't you think loyalty is a primary consideration? I should not be answering your question with a question of my own, I know.

Senator BALL. Just being loyal doesn't mean being a citizen today, and has not for the last 8 years, in my opinion. I think we have gotten into a lot of trouble because people have not taken their duties as citizens seriously enough, and haven't thought about the issues we are up against enough.

Mr. HOLTZOFF. Well, I don't believe, Senator, that anyone can successfully controvert what you have just now said. Of course, I venture this suggestion, if I may, that sometimes the more educated person may not be substantially as solid and reliable a citizen as a person of less education. Education is, of course, a means to an end, very often a means to an end.

Senator BALL. Well, there are exceptions all the time, but on the whole a person who can read and write and has a minimum of educational background is more likely to be a good citizen than one who has

not.

Mr. HOLTZOFF. He is more likely to have the advantages of knowledge of the issues, as you have said. Of course, many people misuse their educational advantages.

Senator BALL. Oh, yes. people to become citizens. Mr. HOLTZOFF. Yes.

I can see where it would be nice for these

Senator BALL. But I am trying to think of what the effect on the country is going to be; whether it is a good thing for the United States.

Mr. HOLTZOFF. I am wondering whether there is not an advantage to the United States, and I think the Department had this advantage in mind, that if these people are loyal—and of course, we would eliminate by investigation anyone who is not-would it not be better

for this country that they should be full-fledged citizens, than that they should permanently remain in the status of alienage, although their permanent residence is here and they expect to spend their lives here and are good Americans in spirit and want to continue to be. That is the thought that was back of the recommendation. It is for you Senators to determine whether the thought is valid or not.

Senator MALONEY. Will you tell us whether the suggestion or idea originated recently, or is it something that has been considered for a long time?

Mr. HOLTZOFF. This has been considered for a long time. There have been bills in the House, I think, along the same lines. I am under the impression that once or twice the House passed some bills along this line.

Senator MALONEY. Do you know whether, insofar as this bill is concerned, it originated in the Department of Justice, or whether it is a congressional suggestion?

Mr. HOLTZOFF. This bill originated

Senator MALONEY. I mean, this section of the bill?

Mr. HOLTZOFF. This section of the bill, I think, originally originated in the House of Representatives. This bill itself, in its present form, was indeed drafted in the Department, and in drafting it in the Department there was included this section which had for a number of years been urged in the House of Representatives.

Senator MALONEY. So that the Department recommends it now? Wants it and recommends it?

Mr. HOLTZOFF. Yes; it does.

Senator MALONEY. Do you know offhand what peculiar and special advantages this section of the bill, if enacted into law, gives to these people who are not now citizens, but could qualify thereunder?

Mr. HOLTZOFF. Well, specifically, of course they would have all the rights of citizenship; they would have rights of suffrage

Senator MALONEY. I mean, what peculiar advantages? I think that is the word I used.

Mr. HOLTZOFF. Yes. Well, of course, there are certain employments that are closed to aliens, and if they could become citizens they would no longer be barred from those appointments.

Senator MALONEY. Are they barred by law from those appointments now?

Mr. HOLTZOFF. Yes. And there is a statute which bars aliens from certain types of defense contracts except with the consent of the head of the Department or agency which has placed the contract. Senator MALONEY. That is the law?

Mr. HOLTZOFF. That is the law.

Senator MALONEY. Then it permits, of course, as I understand it, several people to qualify for certain other privileges, such as pensions, and so forth?

Mr. HOLTZOFF. Yes; Government employment, old-age pensions, and certain other privileges of that type.

Senator MALONEY. Thank you. Please go ahead.

Mr. HOLTZOFF. Before I pass on to the next section, I would like, with your permission, to have Mr. Shoemaker say a word on this section, because this is a matter with which he is very familiar. Senator MALONEY. I would be pleased if he would.

STATEMENT OF THOMAS B. SHOEMAKER, DEPUTY COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

Senator MALONEY. Please fully identify yourself for the record Mr. Shoemaker.

Mr. SHOEMAKER. Thomas B. Shoemaker, Deputy Commissioner, Immigration and Naturalization Service.

I think, in answer particularly to the question you ask as to the peculiar advantages to persons concerned which would accrue to the persons concerned, it was represented to us by more than one Congressman, and by many welfare workers as well, that persons who are covered by this clause are in the position of being looked down upon by their own people, their own children. They are people who came here years ago and worked hard to gain a competence, and after they had gained a few dollars the education of their children to their minds. was foremost, and they went ahead to educate them. Some of the children, when they secured such education, were inclined, not necessarily showing such a fact, but mentally they said they felt that the parents were looked down upon by the children, and they thought it would be an excellent idea to give the parents an opportunity to become citizens and recognize them. That those parents, by reason of the fact they never have had any education, never been schooled in trying to secure a better mentality, would be unable to acquire these facts insofar as knowledge of the Government and the principles of civic organization are concerned. Therefore, they felt they should not remain neither "fish nor fowl," and they should be given an opportunity to acquire American citizenship. Primarily because they expected to remain here the rest of their lives, and there was no particular reason why we could anticipate in all the days to come that they would ever acquire any knowledge sufficient to pass these tests. which are applied to an applicant for citizenship.

Many of the courts themselves felt so inclined, and have so expressed themselves to our men.

Senator MALONEY. You have had a long-time experience in this field, Mr. Shoemaker?

Mr. SHOEMAKER. Yes.

Senator MALONEY. And you feel it is a wise move?

Mr. SHOEMAKER. I think it would in a way be of advantage to the country.

Senator MALONEY. I have noted some cases which for sentimental reasons prompt me to feel very sympathetic. I read recently of a plan to move certain aliens out of certain areas in California. And I think I read in Time, last week, of one man of Italian extraction, not a citizen, who was being compelled or likely to be compelled to abandon his farm; and he had a son in the Army, a son in the Navy, perhaps a son in the Marine Corps, and a daughter in the Red Cross. Is that in part the sort of situation that first prompts your feeling in this matter?

Mr. SHOEMAKER. That is not the first. It is primarily, in my mind, a unity of the peoples here. In other words, I have felt-and that has been induced by the facts which have been communicated to me by those in that line, particularly coming from the welfare workers and people looking after Americanization generally-that if you have