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them to straighten out their status in this couutry. They must subject themselves to rigid examination by the Immigration Service before they may be entitled to the relief which this measure proposes to give to them. The amendment entitles one who entered the United States prior to July 1, 1924, where no record was made of such entry, to have a record made of such entıy, whether or not there is an entry of such person after June 30, 1924, that is recorded.
Section 5: This provision is to remedy a difficulty which existing law unwittingly imposed upon citizens of the United States and aliens who entered the United States prior to the time when the immigration records were sufficiently accurate to be relied upon. It has been impossible to obtain records of entries of aliens into the United States prior to June 29, 1906, the date of the naturalization law required entries to be made of every alien arriving in the United States.
Section 6: This amendment is to prevent the naturalization of aliens entering the United States under diplomatic exemptions as members of the suites, or in the employ in any way, of the foreign representatives accredited to this country. Instances have occurred where such individuals have left the employ of the representatives of the foreign government and, through no fault of those representatives, have remained in the United States without complying with the requirements of the immigration law for permanent admission. Others have entered the United States under representations of diplomatic exemption which enabled them to avoid the compliance with the immigration laws at the time of their entry for permanent admission. They do not have a residence in the United States in conformity with the immigration laws and should not be given a naturalization status. Of course, if a woman who has entered under diplomatic exemption marries a citizen of the United States, under section 2 of the Cable Act, as amended by your committee, she may be naturalized without departing from the United States.
The section also requires a naturalized citizen to be a citizen for five years in order to be competent to serve as a witness for an applicant who desires to secure citizenship under the naturalization laws.
Section 7: The purpose of this section is to enable aliens who are serving on vessels owned by American citizens to have the benefit of their service as seamen on such vessels in applying for naturalization. The records show in these cases that aliens have entered the United States regularly with their families, have raised their families in this country, and are in all respects desirable as applicants for citizenship. The present law prevents aliens from acquiring residence for naturalization purposes during service upon vessels of foreign registry. Prior to 1918 aliens came to the United States upon vessels of foreign registry, made declarations of intention, obtained addresses in American ports, and continued service upon vessels of foreign registry. After the necessary period of time they applied for and were admitted to citizenship. Congress in 1918 enacted the present law which excludes such service as residence under the naturalization law. However, there is a small number of American-owned vessels of foreign registry, with seamen legally admitted to the United States and whose families had been brought with them or were born here and continued to live in the United States. The provision proposed will afford relief to these bona fide residents of the United States whose vocation is carried on in American-owned vessels.
Section 8: This section proposes relief for American citizens who expatriated themselves by entering the military service of the armies of countries subsequently allied and associated with the United States during the World War. They entered these armies before the United States declared war. They were obliged to take an oath of allegiance to the sovereign, and thereby lost American citizenship but acquired no other citizenship. By a provision in the act of May 9, 1918, the twelfth subdivision of section 4 of the act of 1906 was added, by which these Americans regained their American citizenship status. No certificate of citizen. ship was provided, however, for them, and their status, while partially relieved, was not free from embarrassment. This amendment proposes to give to each such citizen a certificate of his citizenship for his use and protection.
Sections 9 and 10: The enactment of these provisions will accomplish the discontinuance of a great volume of unnecessary clerical work imposed upon clerks of courts which has been of no value in the administration of the naturalization law from the time it was required by the act of 1906. This provision is referred to in sections 5 and 6 of the naturalization act of 1906. The requirement for the posting of notices is in section 5 and reference is made to it in section 6. The change proposed does not let down the restricting provisions of the naturalization law.
Section 11: This provision raises the standards of the present naturalization law which only requires an alien to speak the English language and to sign his name, by mark, or at most in his own handwriting, which often appears in foreign script. This provision requires all applicants for citizenship to read, speak, and write in the English language and to possess a knowledge of American history equivalent to that set forth in the citizenship textbook published by the Bureau of Naturalization under authority of Congress. This book is available to applicants for citizenship only who attend public schools. It should not be available for free distribution, as it would immediately become the source of misuse by self-serving individuals who would fraudulently obtain funds from their unsuspecting countrymen under the guise of instruction. Such instruction would, of course, be carried on under irresponsible supervision and where so accomplished would work more harm than advantage to the country and to the individuals. The requirements to read and write are not applicable to those who hold declarations of intention made prior to the operation of this proposed law. They do not apply to homestead entrymen or to those physically unable to comply with them.
The effect of subdivision (c) is to repeal and reenact the ninth subdivision of section 4 of the act of June 29, 1906, and is in conformity with the desire expressed by the Secretary of the National Advisory Committee on Illiteracy, with the approval of the committee, as a result of a study made of illiteracy as a national problem. This committee is one of two committees appointed by the Secretary of the Interior with the approval of the President to study American educational problems. This will enable the Commissioner of Naturalization to enlarge the activities of the Bureau of Naturalization in relation to the promotion of the organization by the public schools of classes of adult foreigners, to which the adult illiterate foreign born and the illiterate American born may come to secure the schooling which they need and instruction in citizenship responsibilities to enable them to be better citizens in the communities where they live, both as producers and consumers.
Section 12: The purpose of this section is to prevent the issuance to unsuspecting individuals of useless and worthless certifications regarding parts of natuialization records, as well as to prevent the issuance of certificates of citizenship or declarations of intention, except in accordance with the requirements of the naturalization law.
Section 13: This section repeals what was found to be an impracticable requirement upon citizens of the United States entitled to certificates of citizenship. No record of admission could be found for the reason that they came into the United States, many of them in the period from 1860 to 1906, during most of which time no records of any nature whatsoever were kept or authorized by law of incoming immigrants upon which dependence can be placed.
Section 14: This section permits husbands of American citizens to come in nonquota, placing them in the same position as wives in this respect. Under existing law only husbands by marriage occurring prior to June 1, 1928, may enter the United States as nonquota immigrants. The amendment removes the latter limitation.
Section 15: This section creates a method of advancement in compensation for officers and examiners in the Naturalization Service.
Section 16: This section amends section 24 of the immigration act of 1917, to establish a parity between the clerks in the Immigration and Naturalization Services where like duties are being performed as well as to permit periodical promotions.
Section 17: This section fixes the salaries of the Commissioner General of Immigration and the Commissioner of Naturalization at $10,000 a year.
Section 18: This section contains provisions authorizing appropriations.
In conclusion it may be said that many of the provisions added by your committee are contained in bills which have been introduced and favorably reported to the House. The inclusion of them as amendments in this bill will expedite legislation that is highly desirable of enactment.
PERFECTING AMENDMENT OF THE
MARRIED WOMEN'S INDEPENDENT CITIZENSHIP ACT OF SEPTEMBER 22, 1922, ACT OF MARCH 3, 1931
An act to amend the naturalization laws in respect of posting notices of petitions for citizenship, and for
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Naturalization Act of June 29, 1906, as amended, is amended to read as follows:
"SEC. 5. The clerk of the court shall, if the petitioner requests it at the time of filing the petition for citizenship, issue a subpæna for the witnesses named by such petitioner to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other witnesses may be summoned upon notice to the Bureau of Naturalization in such manner and atsuch time as the Commissioner of Naturalization, with the approval of the Secretary of Labor, may by regulation prescribe.'
SEC. 2. So much of section 6 of such act, as amended, as reads "and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition” is amended to read as follows: "and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing of such petition.
Sec. 3. (a) Any person, born in the United States, who had established permanent residence in a foreign country prior to January 1, 1917, and who has heretofore lost his United States citizenship by becoming naturalized under the laws of such foreign country, may, if eligible to citizenship and if, prior to the enactment of this act, he has been admitted to the United States for permanent residence, be naturalized upon full and complete compliance with all of the requirements of the naturalization laws, with the following exceptions:
(1) The five-year period of residence within the United States shall not be required;
(2) The declaration of intention may be made at any time after admission to the United States, and the petition may be filed at any time after the expiration of six months following the declaration of intention;
(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 examination, the petition may be heard at any time after filing.
(b) After naturalization such person shall have the same citizenship status as immediately preceding the loss of United States citizenship.
SEC. 4. (a) Section 3 of the act entitled "An act relative to the naturalization and citizenship of married women,” approved September 22, 1922, as amended, is amended to read as follows:
“SEC. 3. (a) A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after this section, as amended, takes effect, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens.
“(b) Any woman who before this section, as amended, takes effect, has lost her United States citizenship by residence abroad after marriage to an alien or by marriage to an alien ineligible to citizenship may, if she has not acquired any other nationality by affirmative act, be naturalized in the manner prescribed in section 4 of this act, as amended. Any woman who was a citizen of the United States at birth shall not be denied naturalization under section 4 on account of her race.
"(c) No woman shall be entitled to naturalization under section 4 of this act, as amended, if her United States citizenship originated solely by reason of her marriage to a citizen of the United States or by reason of the acquisition of United States citizenship by her husband.”
(b) Section 5 of such act of September 22, 1922, is repealed. Approved, March 3, 1931.
HOUSE COMMITTEE REPORT ON ACT OF MARCH 3, 1931
(House Report No. 2693, Scventy-first Congress, third session) The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 16975) to amend the law relative to the citizenship and naturalization of married women, and for other purposes, reports it back to the House without amendment and recommends that the bill do pass.
Representatives of the following organizations appeared before the subcommittee on naturalization in the Committee on Immigration and Naturalization in behalf of the measure: National Association of Women Lawyers, National Council of Jewish Women, General Federation of Women's Clubs, National League of Women Voters, National Woman's Party, Woman's Bar Association of the District of Columbia, Business and Professional Women's Clubs.
Communications in support of the principle of the bill were received by the committee from the representatives of other organizations interested in its enactment.
PROPOSED LEGISLATION TO AMEND THE ACT OF SEPTEMBER 22, 1922, AS AMENDED
BY THE ACT OF JULY 3, 1930 In general, the purpose of the bill is to eliminate the remaining discriminations against married women in the statutes relating to citizenship and naturalization.
(1) The bill permits a woman who since September 22, 1922, has suffered an actual or presumptive loss of her United States citizenship because of foreign residence after marriage to an alien to resume her citizenship in the same manner now prescribed for the resumption of United States citizenship by American women who married aliens prior to September 22, 1922. It will be remembered than an act approved July 3, 1930, repealed the presumption of loss of United States citizenship by a woman on account of foreign residence after marriage to an alien; but since the repeal is not retroactive this bill indicates a way whereby the American woman whose citizenship rights were affected by the presumption may reestablish her citizenship. At the present time there are native-born American women who have presumptively lost their United States citizenship by foreign residence after marriage to foreigners and who have not been able to overcome to the satisfaction of the State Department the now obsolete presumption. Apparently they are not permitted United States passports and are not afforded protection abroad. Yet, since their loss of United States citizenship is merely presumptive, it is doubtful whether any court proceeding for naturalization is now available to them.
(2) The bill repeals the provision of the existing law by which a woman ceases to be a citizen of the United States by her marriage to an ineligible alien. Since & man citizen of the United States does not lose his citizenship by marriage to an ineligible alien, this repeal places the man and the woman citizen on the same footing.
(3) The bill stipulates that if any woman was a citizen of the United States at birth her race shall not preclude the resumption of United States citizenship heretofore lost by her because of her marriage to an ineligible alien. There are native born American women of a race ineligible for citizenship who have married men of their own race and thus lost their United States citizenship, their husbands not being American citizens. A man born in the United States and of a race ineligible to citizenship suffers no loss of his United States citizenship because of his marriage to a person of his race.
(4) The bill closes the simple method of resumption of United States citizenship (set forth in the act of July 3, 1930) to a woman originally an alien and who never possessed United States citizenship except by marriage to a citizen. She may, however, pursue the regular course of naturalization.
(5) The bill (sec. 2) repeals the existing law which declares "that no woman whose husband is not eligible to citizenship shall be naturalized during the continuance of the marital status.' The repeal will equalize as between men and women
the law on that point, since no man is refused naturalization as a citizen of the United States because his wife is not eligible to citizenship.
In the opinion of the committee, there should be no distinction between men and women with regard to nationality rights. The citizenship of the American man has never been affected by marriage; but the same privilege has not been enjoyed by the American woman. Congress has gradually removed all discriminations excepting those sought to be corrected by H. R. 16975.
Jane Addams, of Hull House, offers the following constructive criticism of the situation this bill is intended to correct:
“A curious inconsistency of the Cable Act is that it takes away the birthright of an American-born woman if she marries an ineligible--that is, a man from a country whose people can not be made citizens-although it is precisely under such circumstances that a woman most needs her citizenship.”
The situation was graphically presented by Miss Laura Berrien, who represented the National Association of Woman Lawyers at the hearings. She said:
“Just as long as my Government takes the position that a woman's nationality is not as sacred and intimate as a man's, I feel that it is a reflection not only on me but on all women as well.
Nationality is the relation one bears to one's country. You can not make one law for the man and another for the woman without making an attack on the woman by putting her in an inferior position and creating a sense of humiliation.
“We women of America wish to be able to feel, and wish the men to feel, that our relation to our country is as fine, intimate, and sincere as a man's.
Dr. Emma Wold, technical adviser to the United States delegates to the recent Conference on the Codification of International Law at The Hague, made the following statement:
“If the objection to removing the present discrimination against women in our Cable Act is due to sentiment against racial mixtures, let me call your attention to the fact that it largely fails of its purpose. It does not affect many white or Caucasian women. The provision in the law touches the large number of Chinese and Japanese girls born in the United States with the precious heritage of United States citizenship. If, unfortunately but perfectly legitimafely, such a girl falls in love with one of her own race who is an alien and marries him, she is the one who is penalized.
“So far as white women are concerned, the fact is that under the laws of many of our States, especially the Western States, where Japanese, Chinese, and Hindus are found in large numbers, the laws make illegal a marriage between a white person and a Mongolian or Asiatic person. A white woman who enters upon an attempted marriage of this sort may be punished for the violation of the laws on marriage, but the penalty of loss of citizenship can not fall upon her, for the reason that there is no marriage.”
H. R. 16975 will remove the last vestige of discrimination as to nationality between men and women in America. Justice to American women demands that this bill be enacted into law. There is no other country in the world which deprives its women nationals of their citizenship for the sole reason that they marry aliens ineligible for naturalization.
CHANGES IN EXISTING LAW SHOWN
f In compliance with paragraph 2 (a) of rule 13 of the Rules of the House o Representatives, changes in existing law, act of September 22, 1922, as amended by the act of July 3, 1930, made by the bill are shown as follows:
Existing law proposed to be repealed is included in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman:
"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 this [act] section, as amended, takes effect, unless she makes 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.] Any woman who has heretofore suffered an actual or presumptive loss of her United States citizenship by residence abroad after marriage to an alien or any woman who has heretofore ceased to be a citizen of the United States by marriage to an alien ineligible to citizenship may resume her United States citizenship in the manner prescribed in section 4 of such act of September 22, 1922, as amended, and if any woman was a citizen of the United States at birth her race shall not preclude the resumption hereunder of her United States citizenship. The provisions of such act of September 22, 1922, as amended, for the resumption of citizenship shall not apply to any woman whose United States citizenship originated solely by reason of her marriage to a citizen of the United States.
“ŠEC. 2. Section 5 of such act of September 22, 1922, is repealed.
“[SEC. 5. That no woman whose husband is not eligible to citizenship shall be naturalized during the continuance of the marital status.]”