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ever, the woman who married an alien not eligible to citizenship could not be naturalized during the continuance of the marital status, until after March 3, 1931.
E. MARRIAGE ON SEPTEMBER 22, 1922, AND SUBSEQUENTLY
1. Marriage of an American woman to an alien does not affect her nationality. She remains an American citizen unless-
(a) She has made formal renunciation of her citizenship by personal appearance before a court having jurisdiction over naturalization of aliens, or
(6) She has become naturalized under the laws of a foreign country,
(c) She has taken the oath of allegiance to a foreign government, or
(d) She married an alien ineligible to citizenship prior to March 3, 1931.
2. In any of the foregoing cases—(a), (6), (c), or (d)—she ceased to be an American citizen.
3. The provisions of a naturalization treaty entered into before September 22, 1922, and her husband's naturalization in a foreign country after September 22, 1922, have no effect upon her citizenship status unless she gives assent on her part to be included in her husband's naturalization.
F. RESUMPTION OF AMERICAN CITIZENSHIP LOST BY MARRIAGE OF SEPTEMBER 22,
1922, OR SUBSEQUENTLY
1. The American woman who married an alien ineligible for citizenship could not be repatriated prior to March 3, 1931, unless the marriage relation was terminated and she was of a race eligible for naturalization. After March 3, 1931, she could be repatriated without regard to her marital status in event she was a native-born American citizen, even if she was not of a race eligible for naturalization.
2. The American woman who married an alien and during the continuance of the marital status, but prior to July 3, 1930, resided continuously for two years in a foreign state of which her husband is a citizen or subject, or for five years continuously outside the United States, was presumed to have ceased to be an American citizen, and was required to present satisfactory evidence to a diplomatic or consular officer to overcome such presumption.
II. ALIEN WOMEN
A. PRIOR TO FEBRUARY 10, 1855 1. Marriage to an American citizen or the naturalization of her alien husband did not confer American citizenship upon her. She could, if otherwise eligible, be naturalized in her own right without regard to her marital status.
B. BETWEEN FEBRUARY 10, 1855, AND SEPTEMBER 22, 1922 1. Any alien woman who could herself be lawfully naturalized and who married a citizen of the United States, or whose alien husband became a citizen of the United States through naturalization, automatically acquired American citizenship. She became a citizen as fully as if naturalized. The alien wife of an alien husband could not become, by her own act, a naturalized citizen of the United States. She had no right of separate naturalization.
C. SINCE SEPTEMBER 22, 1922 1. The alien woman who married a citizen of the United States, or the alien woman whose alien husband became a citizen through naturalization, did not become a citizen of the United States by such marriage or naturalization; she remained an alien, but could, if eligible for citizenship, be naturalized. An alien married woman whose husband is not a citizen of the United States has the right (if eligible) to become an American citizen through naturalization proceedings, without regard to her husband's citizenship status. Her citizenship no longer depends upon the desire of her husband.
AUTHORITY OF CONGRESS TO ESTABLISH A UNIFORM RULE OF NATURALIZATION
The Congress shall have Power
To establish an uniform Rule of naturalization. (United States Constitution, Art. I, sec. 8, clause 4.)
WHO ARE CITIZENS OF THE UNITED STATES
1. Persons born or naturalized in the United States.-(a) All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. (Act of Apr. 9, 1866; 14 Stat. 27; U. S. Code, Title 8, sec. 1.) NOTE.-All Indians born in the United States are declared to be citizens by the act of June 2, 1924.
(b) 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.
(Amendment XIV, United States Constitution.) 2. Children born of American fathers living outside the United States.-All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. (Act of February 2, 1855; 10 Stat. 604; R. S. 1993; U. S. Code, title 8, sec. 6.)
3. Minor children whose parents are naturalized.—A child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent; Provided, That such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States. (Act of March 2, 1907; 34 Stat. 1229; U. S. Code, title 8, sec. 7.)
WOMEN'S CITIZENSHIP ACT OF FEBRUARY 10, 1855 Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. (R. S. 2166; repealed by sec. 6, act of September 22, 1922.)
WOMEN'S CITIZENSHIP ACT OF MARCH 2, 1907 SEC. 3. That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. (This section was repealed by sec. 7, act of September 22, 1922, 42 Stat. 1022; U. S. C. title 8, sec. 9.)
Sec. 4. That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation. (This section was repealed by sec. 6, act of September 22, 1922, 42 Stat. 1022; U. S. C. title 8, sec. 10.)
MARRIED WOMEN'S INDEPENDENT CITIZENSHIP ACT OF SEPTEMBER 22, 1922 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. (42 Stat. 1021-1022; U. S. C., title 8, sec. 367.)
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 five-year period of residence within the United States and the one-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. (42 Stat. 1022; U. S. C., title 8, sec. 368.)
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 residence. If during the continuance of the marital status she resides continuously for two years in a foreign State of which her husband is a citizen or subject, or for five years continuously outside 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. (42 Stat. 1022; U. S. C., title 8, sec. 9.)
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. (42 Stat. 1022; U. S. C., title 8, sec. 369.)
SEC. 5. That no woman whose husband is not eligible to citizenship shall be naturalized during the continuance of the marital status. (42 Stat. 1022; U. S. C., title 8, sec. 370; amended by acts of July 3, 1930, and March 3, 1931; cf. Appendixes G and I, infra.)
COMMITTEE REPORT ON MARRIED WOMEN'S INDEPENDENT CITIZENSHIP ACT OF
SEPTEMBER 22, 1922 (House Report No. 1110, Sixty-seventh Congress, Second Session) The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 12022) relative to the naturalization and citizenship of married women,
having considered the same, report it to the House with the recommendation that it do pass with the following amendments:
Page 1, lines 6, 7, and 8, after the word "who" in line 6, strike out the comma and the words "after the passage of this act,” and after the word “States” in line 8 strike out the comma and the word “or” and insert in lieu thereof the words "after the passage of this act, or any alien woman.”
Page 3, line 1, after the word “act” strike out the comma, all the remainder of line 1, all of line 2, and all of line 3 down to and including the word “marriage.”
Page 3, line 15, after the period strike out all the remainder of the section. This bill, declaring for the independent citizenship of married women, was introduced by Mr. Cable of Ohio, a member of the committee, and upon it hearings were held and extended consideration given by the committee. In the present Congress Mr. Raker, also a member of the committee, and Mr. Rogers of Massachusetts, and in previous Congresses Miss Rankin of Montana, and Mr. Anthony of Kansas, introduced bills containing somewhat similar principles, and extended hearings were also held on those bills.
The principles of this bill have been indorsed by both political parties in their platforms adopted at Chicago and San Francisco, respectively, in 1920. That portion of the Republican platform is as follows:
Naturalization.—There is urgent need of improvement in our naturalization laws. No alien should become a citizen until he has become genuinely American, and adequate tests for determining the alien's fitness should be provided for by law.
“We advocate in addition the independent naturalization of married women. An American woman, resident in the United States, should not lose her citizenship by marriage to an alien."
That portion of the Democratic platform reads as follows: “We advocate
Federal legislation which shall insure that American women resident in the United States, but married to aliens, shall retain their American citizenship, and that the same process of naturalization shall be required for women as for men.
In addition the principles of this bill have been indorsed by the following women's organizations: American Association of University Women, April, 1922; Business and Professional Women's Clubs, July, 1921; Council of Jewish Women; Daughters of the American Revolution, April, 1919; General Federation of Women's Clubs, January, 1922; National League of Women Voters, April, 1922; National Women's Trade Union League, June, 1922; Women's Christian Temperance Union, August, 1921.
The purposes of this bill are as follows:
Section i provides for the recognition of alien married women who desire and are qualified to bcome American citizens by permitting such women to become naturalized. Under existing law the alien wife is denied the privilege of citizenship unless her husband first goes through naturalization proceedings. It is estimated that there are two and a quarter million alien women in the United States unnaturalized. It is not known how many of this number are married women, but there must be a great many who, unless this bill becomes a law, will continue to be deprived of citizenship in the United States.
Section 2 is for the better protection of the United States by providing assurance that women as well as men shall be duly qualified before being admitted to the privilege of citizenship. Under existing law an alien woman who marries a citizen of the United States automatically becomes a citizen without being required to speak the English language, to understand our laws, Constitution, or form of government, without renouncing allegiance to her former ruler, and without even taking an oath of allegiance to the United States. This also applies to an alien married woman whose husband becomes naturalized. In the opinion of the committee the alien woman should live in this country at least a year before becoming a citizen, and she should go before a Federal naturalization examiner and show that she is qualified to be a citizen. Your committee, however, deems it inexpedient and undesirable to require the wife of a naturalized or native-born citizen to wait five years before she herself can become naturalized. In the first place, she will have every incentive to qualify herself as rapidly as possible, and, in the second place, if she can qualify, it is desirable to relieve her of the embarrassment of being without a country as soon as may be consistent with the welfare of the United States. The benefit of the wife's separate naturalization accrues to her as well as to the country, because she will be put on a par with her husband in learning the English language, which is the language of our courts, our press, and our schools, and which she should know in order to teach her children their rights and duties under the laws of the land.