EXISTING LAWS

PROPOSED CODE

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

[nited States circuit and district courts now existing which may hereafter be established by Congress in State, United States district courts for the Terrires of Arizona, New Mexico, Oklahoma, Hawaii, and ska, the Supreme Court of the District of Columbia, the United States courts for the Indian Territory; all courts of record in any State or Territory now

SEC. 101. For the purposes of this Act(a) The term "national" means a person owing permanent allegiance to a state.

(b) The term "national of the United States" means (1)a citizen of the United States, or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

(c) The term "naturalization" means the conferring of nationality of a state upon a person after birth.

(d) The term "United States" when used in a geographical sense means the continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States.

(e) The term "outlying possessions" means all territory, other than as specified in subsection (d), over which the United States exercises rights of sovereignty.

(f) The term "parent" includes in the case of a posthumous child a deceased parent.

(g) The term "minor" means a person under twentyone years of age.

SEC. 102. For the purposes of chapter III of this Act

(a) The term "State" includes (except as used in subsec. (a) of sec. 301) Alaska, Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands of the United States.

(b) The term "naturalization court," unless otherwise particularly described, means a court authorized by subsection (a) of section 301 to exercise naturalization jurisdiction.

1

EXISTING LAWS

existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, to 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 (act of June 29, 1906, as amended and supplemented, 34 Stat. 596; U. S. C., title 8, secs. 357, 358).

[As to the functions of naturalization examiners under the existing law, see section 4, paragraph 14, of the act of June 29, 1906, as amended and supplemented, 44 Stat. 709; U. S. C., title 8, sec. 399a.]

SEC. 2. *

When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years (act of March 2, 1907, 34 Stat. 1228; U. S. C., title 8, sec. 16).

(c) The term "clerk of court" means a clerk naturalization court.

(d) The terms "Commissioner" and "Deputy missioner" mean the Commissioner of Immigration Naturalization and a Deputy Commissioner of I gration and Naturalization, respectively.

(e) The term "Secretary" means the Secretar Labor.

(f) The term "Service" means the Immigration Naturalization Service of the United States De ment of Labor.

(g) The term "designated examiner" means an aminer or other officer of the Service designated u section 332 by the Commissioner.

(h) The term "child" includes a child legitim under the law of the child's residence or domi whether in the United States or elsewhere; also a c adopted in the United States, provided such legit tion or adoption takes place before the child reaches age of sixteen years and the child is in the legal cus of the legitimating or adopting parent or parents. SEC. 103. For the purposes of subsections (a) and of section 402 of this Act

The term "foreign state" includes outlying po sions of a foreign state, but does not include selferning dominions or territory under mandate, wh for the purposes of these subsections, shall be rega: as separate states.

SEC. 104. For the purposes of sections 201, 402, 404, and 405 of this Act

The place of general abode shall be deemed the of residence.

F

1992. All persons born in the United States and ject to any foreign power, excluding Indians not are declared to be citizens of the United States of April 9, 1866, as reenacted in Rev. Stats. 1878; C., title 8, sec. 1).

nstitution of 1789, article 14 of the amendments. 1. All persons born or naturalized in the United and subject to the jurisdiction thereof, are citif the United States and of the State wherein they * (Proclaimed July 28, 1868.)]

c. 5. (a) That the Constitution, and, except as vise provided, all the laws of the United States, ing laws carrying general appropriations, which ot locally inapplicable, shall have the same force fect within the said Territory as elsewhere in the States: *" (act of April 30, 1900 (cong Hawaii), 31 Stat. 141, as amended, as amended of April 12, 1930, 46 Stat. 160; U. S. C., title 48, 5).

3. All persons born in the Virgin Islands of the d States on or after January 17, 1917 (whether ber after the effective date of this act), and subject jurisdiction of the United States, are hereby deto be citizens of the United States (act of Febru1927 (concerning Virgin Islands), 44 Stat. 1235; C., title 8, sec. 5c).

.5b. All persons born in Puerto Rico on or after 11, 1899 (whether before or after the effective of this Act) and not citizens, subjects, or nationals foreign power, are hereby declared to be citizens United States: Provided, That this Act shall e construed as depriving any person, native of » Rico, of his or her American citizenship hereotherwise lawfully acquired by such person; or end such citizenship to persons who shall have reed or lost it under the treaties and/or laws of the States or who are now residing permanently land are citizens or subjects of a foreign country: provided further, That any woman, native of to Rico and permanently residing therein, who, " March 2, 1917, had lost her American nationalreason of her marriage to an alien eligible to ship, or by reason of the loss of the United States

PROPOSED CODE

SEC. 201. The following shall be nationals and citizens of the United States at birth:

(a) A person born in the United States, and subject to the jurisdiction thereof;

3

EXISTING LAWS

PROPOSED CODE

citizenship by her husband, may be naturalized under the provisions of section 4 of the Act of September 22, 1922, entitled "An Act relative to the naturalization and citizenship of married women," as amended (act of March 2, 1917, 39 Stat. 965, as amended by act of June 27, 1934, 48 Stat. 1245).

All noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property (act of June 2, 1924, 43 Stat. 253; U. S. C., title 8, sec. 3).

SPECIAL ACTS RELATING TO CITIZENSHIP OF INDIANS

[Texts of these acts not printed]

Revised Statutes, 1878, sections 2310, 2312. (Stockbridge Munsee Tribes.)

Act of February 8, 1887, 24 Stat. 390, section 6. (Citizenship accorded allotees and Indians adopting civilized life.)

Act of August 9, 1888, 25 Stat. 392. (Indian women. married to United States citizens.)

Act of March 3, 1901, 31 Stat. 1447. (Amending act of February 8, 1887.)

Act of May 8, 1906, 34 Stat. 182. (Further amending act of February 8, 1887.)

Act of November 6, 1919, 41 Stat. 350; U. S. C., title 8, sec. 3. (American Indians serving in World War.)

Act of March 3, 1921, 41 Stat. 1250, sec. 3. (Osage Indians.)

Act of June 4, 1924, 43 Stat. 380, sec. 19. (Eastern band of Cherokees, citizens on completion of allotment.) Act of January 25, 1929, 45 Stat. 1094. (Eastern band of Cherokees, citizenship confirmed.)

Act of June 19, 1930, 46 Stat. 787. (Eastern band of Cherokees, citizenship status of.)

Act of May 7, 1934, 48 Stat. 667. (Metlakahtla Indians of Alaska.)

SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months

(b) A person born in the United States to a m of an Indian, Esquimo, Aleutian, or other abor tribe: Provided, That the granting of citizenship this subsection shall not in any manner impair or wise affect the right of such person to tribal or property;

(c) A person born outside of the United States its outlying possessions of parents both of whom citizens of the United States and one of whom resided in the United States or one of its out] possessions prior to the birth of such person;