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(1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the Un ted States or within the county where the petition is filed shall be required;

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(2) The petition may be filed in any court having naturalization jurisdiction regardless of the residence of the pet tioner;

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(3) If there is attached to the petition at the time of filing a certificate from a naturalization examiner stating that the petitioner has appeared before him for examinaion, the petition may be heard at any time after filing.

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(b) After her naturalization such woman shall have the same citizenship status as if her marriage, or the loss of citizenship by her husband, as the case may be, had taken place after this section, as amended, takes effect."

(b) The amendment made by this section to section 4 of such act of September 22, 1922, shall not terminate citizenship acquired under such section 4 before such amendment.

SEC. 3. Section 5 of such act of September 22, 1922, is repealed.

SEC. 4. Subdivisions (a) and (f) of section 4 of the immigration act of 1924, as amended, are amended to read as follows:

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(a) An immigrant who is the unmarried child under twenty-one years of age, or the wife or the husband, of a citizen of the United States.

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(f) A woman who was a citizen of the United States and lost her citizenship by reason of her marriage to an alien, or the loss of United States citizenship by her husband, or by marriage to an al.en and residence in a foreign country."

The CHAIRMAN. The act of September 22, 1922, concerning naturalization of married women, is to be found beginning on page 50 and extending to and including page 52.

It reads, in part, as follows:

WOMEN-NATURALIZATION AND CITIZENSHIP OF MARRIED WOMEN

(Act of September 22, 1922)

NO DENIAL OR ABRIDGMENT OF RIGHT BECAUSE OF SEX OR BECAUSE MARRIED

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of any woman to become a naturalized citizen of the United States shall not be denied or abridged because of her sex or because she is a married woman.

EXEMPTIONS TO WOMAN WHO MARRIES A CITIZEN, OR WHOSE HUSBAND IS NATURALIZED, AFTER THIS ACT

SEC. 2. That any woman who marries a citizen of the United States after the passage of this act, or any woman whose husband is naturalized after the passage of this act, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(a) No declaration of intention shall be required.

(b) In lieu of the 5-year period of residence within the United States and the 1-year period of residence within the State or Territory where the naturalization court is held, she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least one year immediately preceding the filing of the petition.

EFFECT OF MARRIAGE OF WOMAN CITIZEN AFTER THIS ACT; EXCEPTIONS

SEC. 3. That a woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of this act, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens: Provided, That any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States. If at the termination of the marital status she is a citizen of the United States she shall retain her citizenship regardless of her dence. If during the continuance of the marital status she resides conor two years in a foreign State of which her husband is a citizen or

subject, or for five years continuously outside of the United States, she shall thereafter be subject to the same presumption as is a naturalized citizen of the United States under the second paragraph of section 2 of the act entitled "An act in reference to the expatriation of citizens and their protection abroad," approved March 2, 1907. Nothing herein shall be construed to repeal or amend the provisions of Revised Statutes 1999 or of section 2 of the expatriation act of 1907 with reference to expatriation.

EXEMPTIONS TO WOMAN WHO LOST CITIZENSHIP BY MARRIAGE PRIOR TO THIS ACTCERTIFICATE OF ARRIVAL

SEC. 4. That a woman who, before the passage of this act, has lost her United States citizenship by reason of her marriage to an alien eligible for citizenship, may be naturalized as provided by section 2 of this act: Provided, That no certificate of arrival shall be required to be filed with her petition if during the continuance of the marital status she shall have resided within the United States. After her naturalization she shall have the same citizenship status as if her marriage had taken place after the passage of this act.

PROHIBITION ON NATURALIZATION OF WIFE OF INELIGIBLE HUSBAND

SEC. 5. That no woman whose husband is not eligible to citizenship shall be naturalized during the continuance of the marital status.

REPEALS AND THEIR EFFECT

SEC. 6. That section 1994 of the Revised Statutes and section. 4 of the expatriation act of 1907 are repealed. Such repeal shall not terminate citizenship acquired or retained under either of such sections nor restore citizenship lost under section 4 of the expatriation act of 1907.

SEC. 7. That section 3 of the expatriation act of 1907 is repealed. Such repeal shall not restore citizenship lost under such section nor terminate citizenship resumed under such section. A woman who has resumed under such section citizenship lost by marriage shall, upon the passage of this act, have for all purposes the same citizenship status as immediately preceding her marriage.

This bill which would amend certain sections of the immigration act would throw the matter open for general immigration amendment. In that connection I think it will be well to consider to-day H. R. 10465, introduced by the chairman, which is a bill to definie and delimit citizenship, and to establish a uniform system for the naturalization of aliens throughout the United States, and for other purposes. The whole text of this bill will not be introduced in the hearing at this time, but the matter will be considered by the committee. All other bills affecting any phase of the paragraphs in the Cable bill, H. R. 10208, or any phase of the chairman's bill, H. R. 10465, will be named by the clerk of the committee as brought up for consideration in connection with this hearing.

I have received a telegram from the Immigrants' Protective League, Mrs. Kenneth F. Rich, director, Chicago, Ill., as follows: CHICAGO, ILL., March 5, 1930.

Representative ALBERT JOHNSON,

Chairman Committee on Immigration and Naturalization.

House of Representatives, Washington, D. C.: Respectfully request revision House bill 10208 amending Cable Act so as to simplify present naturalization process for women, whose husbands are citizens. Likewise process regaining citizenship by women formerly citizens. Simple affirmation such as oath of allegiance would accomplish desired purpose. Also urge adequate provision for overcoming presumption expatriation by registration at consulate abroad. Sections relating immigration deal with only two of the eight direct discriminations against women in immigration act, 1924. Request that committee provide removal all such discriminations.

IMMIGRANTS' PROTECTIVE LEAGUE,
Mrs. KENNETH F. RICH, Director.

We have another telegram from Chicago, signed by Elizabeth Christman, secretary-treasurer National Women's Trade Union League of America. It says:

Hon. ALBERT JOHNSON,

CHICAGO, ILL., March 5, 1930.

Chairman House Committee on Immigration and Naturalization,

House Office Building, Washington, D. C.; National Women's Trade Union League of America, representing working women, has consistently endorsed principle that there should be no discrimination against women with respect to nationality and welcomes new bill H. R. 10208 introduced by Mr. Cable to remove discrimination. We hope it will pass in a form to achieve that purpose.

ELIZABETH CHRISTMAN, Secretary-Treasurer.

Who is the first witness to be heard?

STATEMENT OF DOROTHY STRAUS, ATTORNEY AT LAW, NEW YORK CITY

The CHAIRMAN. Please give your name, whom you represent, and address.

Miss STRAUS. I am a practicing attorney of New York City, member of the League of Women Voters, and United States member of the committee on nationality of married women of the International Alliance of Women for Suffrage and Equal Citizenship. My address is 51 East Forty-second Street, New York City. I take the place of Miss Belle Sherwin, president of the National League of Women Voters.

As you recall, eight years ago Mrs. Maud Wood Park appeared before this committee in behalf of several organizations of women to urge that citizenship should not arbitrarily be determined by reason of sex or marriage. This principle was the basis of the present Cable Act. In spite of all the difficulties of adjustment which necessarily attend any change of status affecting many individuals, eight years' experience indicate that this is the only practicable rule to-day. A woman, married or unmarried, should have the same right as a man to determine her nationality. This is her right, and limitations upon it will not be long accepted. That is true not only in the United States but all over the world. I had the privilege of being in Berlin last summer when women from 43 countries met in conference. I may say that the principle for which we are appearing is the one approved by that congress, and is being urged by women everywhere to-day.

The CHAIRMAN. How are they getting along with the urging? Miss STRAUS. Bills are being introduced in parliaments throughout the whole world looking to this end.

The CHAIRMAN. What countries have adopted the principle for which you speak?

Miss STRAUS. I shall be glad to submit a list of them. A number of South American countries have adopted it and promulgated the principle that women shall have independent citizenship.

I think that, as a matter of fact, there is neither a question of social economy nor a question of national sovereignty involved in this request that we make, namely, that nationality for women shall be precisely on the same basis as nationality and citizenship for men.

The chief reasons urged against it that I have heard are those of administrative convenience. I think there is a very grave situation when questions merely of administrative convenience become the guiding principle in regulating human relations. Administrative conveniences can be adjusted. In other words, the mere fact that a law may be difficult practically to administer

The CHAIRMAN (interposing). Are there some difficulties in the enforcement of the Cable Act as it stands now?

Miss STRAUS. Certainly.

The CHAIRMAN. What have been the principal difficulties?

Miss STRAUS. The principal difficulties are due to the fact that length of residence in foreign countries of married women is sometimes difficult to determine. Moreover, the State Department has demanded proof, which is frequently very difficult to submit, to overcome the presumption that two years' residence in the country of the husband's nationality was not such as would lead to a loss or deprivation of citizenship. In other words, for a woman to prove her intention to remain a citizen of the United States has sometimes been made extremely hard, not only for the uneducated woman who might not be supposed to be in contact with the means of proving it, but for the educated woman as well. Moreover, there is a very serious difficulty with the women who marry men ineligible for citizenship. They lose their citizenship and have no way of regaining it. The CHAIRMAN. What do you mean by that?

Miss STRAUS. I refer to the woman who marries a Japanese or a Hindu. She loses her citizenship absolutely, and she is not eligible to regain it. H. R. 10208 would grant that privilege.

Mr. DICKSTEIN. You do not say anything about it. You simply eliminate it.

Miss STRAUS. Precisely.

Mr. DICKSTEIN. You should bear in mind that this is not a law that would repeal something. It is in addition to and not in substitution of present law.

Mr. CABLE. This repeals the other sections and substitutes this in its place. It eliminates the proviso that a woman who marries one ineligible for citizenship shall lose here citizenship.

Miss STRAUS. Section 3 of H. R. 10208 provides that section 5 of such act of September 22, 1922, be repealed.

The CHAIRMAN. Have you considered the matter the other way around in regard to those ineligible for citizenship? Would you have the man in this country, a citizen, born of oriental ancestry, bring his wife here-get a wife and bring her here?

Miss STRAUS. She would not be eligible for citizenship under this bill. She no longer becomes a citizen by reason of her husband's citizenship. She has to go through an independent proceeding in order to become a citizen of the United States. She has to become a citizen by her own affirmative act. She would be ineligible to become a citizen otherwise.

The CHAIRMAN. You are endeavoring to do away by this procedure of the necessity for women to go through a certain process to become citizens of the United States.

Miss STRAUS. We are only attempting to shorten it. We should like to see it worked for men as well as for women, but we would accept this, which is for women.

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