LOSS OF NATIONALITY AND CITIZENSHIP BECAUSE
OF CONVICTION OF DESERTION FROM
THE ARMED FORCES

IMMIGRATION AND NATURALIZATION
HOUSE OF REPRESENTATIVES

SEVENTY-EIGHTH CONGRESS

FIRST SESSION

ON

H. R. 2207

DIV.

STANFORD
LIBRARIES

P53-16

A BILL TO PROVIDE FOR AN AMENDMENT TO THE
NATIONALITY ACT OF 1940 IN REGARD TO LOSS

OF NATIONALITY AND CITIZENSHIP AS A
RESULT OF CONVICTION OF DESER-
TION FROM THE ARMED FORCES

MARCH 24, 1943

Printed for the use of the
Committee on Immigration and Naturalization

UNITED STATES
GOVERNMENT PRINTING OFFICE

23

COMMITTEE ON IMMIGRATION AND NATURALIZATION

SAMUEL DICKSTEIN, New York, Chairman

MIRIAM WYDRA, Clerk

す

LOSS OF NATIONALITY AND CITIZENSHIP BECAUSE OF CONVICTION OF DESERTION FROM THE ARMED FORCES

WEDNESDAY, MARCH 24, 1943

HOUSE OF REPRESENTATIVES,
COMMITTEE ON IMMIGRATION AND
NATURALIZATION,
Washington, D. C.

The committee met at 10:30 a. m., Hon. Samuel Dickstein, chairman of the committee, presiding.

The CHAIRMAN. The committee will be in order. We have under consideration H. R. 2207, a bill to amend the Nationality Act of 1940. The bill will be inserted in the record at this point.

(The bill is as follows:)

A BILL To amend the Nationality Act of 1940

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 401 (g) of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1169; U. S. C. 8, 801g), be, and the same is hereby, amended to read as follows:

"(g) Deserting the military or naval forces of the United States in time of war, provided he is convicted thereof by court martial and as the result of such conviction is dismissed or dishonorably discharged from the service of such military or naval forces: Provided, That notwithstanding loss of nationality or citizenship or civil or political rights under the terms of this or previous acts by reason of desertion committed in time of war, restoration to active duty with such military or naval forces or the reenlistment or induction of such a person with permission of competent military or naval authority, prior or subsequent to the effective date of this Act, shall be deemed to have the immediate effect of restoring such nationality or citizenship and all civil and political rights heretofore or hereafter so lost and of removing all civil and political disabilities resulting therefrom; or".

The CHAIRMAN. This bill was sent to this committee from the War Department on March 6. The letter was sent to the Speaker of the House of Representatives, who referred it to this committee and requested immediate action. The letter enclosed a draft of a bill, which was used as the basis for the bill before us now. The letter was signed by the Assistant Secretary of War. As a result of that, H. R. 2207 was introduced, and a request was made for an immediate hearing.

In order that we may get some more detailed information on this legislation, I will ask Mr. Shaughnessy of the Immigration and Naturalization Service, to explain briefly why the bill is necessary. STATEMENT OF EDWARD J. SHAUGHNESSY, DEPUTY COMMISSIONER OF IMMIGRATION

Mr. SHAUGHNESSY. I will just address myself to the law on the subject. The representatives from the Army, the Navy, and the Marine Corps will discuss the merits of the bill.

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