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CHAPTER 8

CITIZENSHIP AND NATURALIZATION

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Citizenship:

Expatriation--Continued.
Persons born in the United States, 551. Prohibited in time of war, 559.
Indians, 552.

Repatriation of veterans of allied armies, 560. Hawaiians, 553.

Naturalization : Puerto Ricans, 554.

Filipinos, Puerto Ricans, and aliens in Inhabitants of Virgin Islands, 554a.

military service or honorably disPersons born in the Canal Zone or the

charged therefrom, 561. Republic of Panama, 554b.

Alien declarants enlisted conditionally, Children of citizens, born outside the

562. United States, 555.

Alien veterans, 563. Children of naturalized persons, 556.

Aliens owing permanent allegiance to Children born abroad of alien parents,

the United States, 564. 557.

Neutral declarants withdrawing intenExpatriation :

tion to escape military service, 565. Presumption, 558. 551. Citizenship; persons born in the United States.--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. R. S. 1992; 8 U.S, 0. 1.

Notes of Decisions

In general.---Doubts existing concerning | American-born mother was American citizen. grants of citizenship should generally be re-State v. Murray (M0., 1926), 292 S. W. 434. solved in favor of the United States. U. S. v. Alien's son, born in United States, was Manzi (1928), 276 U. 8. 463.

citizen." Von Schwerdtner v. Piper (D. C., American-born son of English father and 1928), 28 F. (20) 862.

552. Citizenship; Indians. That 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); 8 U. 8. O. 3.

That every American Indian who served in the Military or Naval Establishments of the United States during the war against the Imperial German Government, and who has received or who shall hereafter receive an honorable discharge, if not now a citizen and if he so desires shall, on proof of such discharge and after proper identification before a court of competent jurisdiction, and without other examination except as prescribed by said court, be granted full citizenship with all the privileges pertaining thereto, without in any manner impairing or otherwise affecting the property rights, individual or tribal, of any such Indian or his interest in tribal or other Indian property. Act of Nov. 6, 1919 (41 Stat. 350); 8 U. 8. C. 3.

553. Citizenship; Hawaiians.-That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United. Ştates, resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and

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ninety-eight, and all citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. Sec. 4, act of Apr. 30, 1900 (31 Stat. 141); 8 U. S. C. 4; 48 U. S. C. 494.

554. Citizenship; Puerto Ricans.—That all citizens of Puerto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, “temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes," and all natives of Puerto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United States : Provided, That any person hereinbefore described may retain his present political status by making a declaration under oath of his decision to do so within six months of the taking effect of this act before the district court in the district in which he resides, the declaration to be in form as follows: “I,

being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanently residing in said island.”

In the case of any such person who may be absent from the island during said six months the term of this proviso may be availed of by transmitting a declaration under oath in the form herein provided within six months of the taking effect of this Act to the executive secretary of Puerto Rico: And provided further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this Act, or if a minor upon reaching his majority or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Puerto Rico, setting forth therein all the facts connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States. Sec. 5, act of Mar. 2, 1917 (39 Stat. 953); 8 U. S. C. 5.

That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be citizens of Puerto Rico: Provided, That persons born in Puerto Rico of alien parents, referred to in the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided further, That persons who elected to retain the political status of citizens of Puerto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Puerto Ricans born of foreign parents. Sec. 5a, added to act of Mar. 2, 1917, by sec. 2, act of Mar. 4, 1927 (44 Stat. 1418); 8 U. S. C. 50.

All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States : Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided further, That any woman, native of Puerto Rico and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason of her marriage to an alien eligible to citizenship, or by reason of the loss of the United States 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. Sec. 50, added to act of Mar. 2, 1917, by act of June 27, 1934 (48 Stat. 1245); 48 U. S. C. 7336.

That any person of good character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States, and born in Puerto Rico on or after April 11, 1899, who has continued to reside within the jurisdiction of the United States, whose father elected on or before April 11, 1900, to preserve his allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain entered into on April 11, 1899, and who, by reason of misinformation regarding his or her own citizenship status failed within the time limits prescribed by section 5 or section 5a hereof to exercise the privilege of establishing United States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the duties of a citizen of the United States, and has not personally sworn allegiance to any foreign government or ruler upon or after attainment of majority, may make a sworn declaration of allegiance to the United States before any United States district court. Such declaration shall set forth facts concerning his or her birth in Puerto Rico, good character, attachment to the principles of the Constitution of the United States, and being well disposed to the good order and happiness of the United States, residence within the jurisdiction of the United States, and misinformation regarding United States citizenship status, and shall be accompanied by proof thereof satisfactory to the court. After making such declaration and submitting such proofs, such person shall be admitted to take the oath of allegiance before the court, and thereupon shall be considered a citizen of the United States. Sec. 50, added to act of Mar. 2, 1917, by act of May 16, 1938 (52 stat. 377); 8 U. 8. O. 5a-1.

For rules and regulations for the enforcement of act of May 16, 1938, supra, issued by the Immigration and Naturalization Service under date of October 15, 1938, see 3 F. R. 2499.

554a. Citizenship; inhabitants of Virgin Islands.-That the following persons and their children born subsequent to January 17, 1917, are hereby declared to be citizens of the United States :

(a) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands or in the United States or Puerto Rico, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration, have heretofore renounced or may hereafter renounce it by a declaration before a court of record;

(b) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and are now residing in those islands or in the United States or Puerto Rico, and who are not citizens or subjects of any foreign country; and

(c) All natives of the Virgin Islands of the United States, who, on January 17, 1917, resided in the United States, and are now residing in the Virgin Islands of the United States, and who are not citizens or subjects of any foreign country.

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(d) All natives of the Virgin Islands of the United States who are, on the date of enactment of this subdivision, residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or Territory of the United States, who are not citizens or subjects of any foreign country, regardless of their place of residence on January 17, 1917. Sec. 1, act of Feb. 25, 1927 (44 Stat. 1234); sec. 5, act of June 28, 1932 (47 Stat. 336); 8 U.S. C. 56.

All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subjeet to the jurisdiction of the United States, are hereby declared to be citizens of the United States. Sec. 3, act of Feb. 25, 1927 (44 Stat. 1235); 8 U. 8. C. 50.

Notes of Decisions

All persons born in the Virgin Islands of of the United States by virtue of this secthe United States who were absent from tion; excepting, however, all persons who those islands at the time when they were preserved their Danish nationality through annexed by the United States but were re- authorized declaration of intention, or other siding in continental United States, the Vir-effective means recognized in international gin Islands of the United States, Puerto law, and all persons who have acquired the Rico, the Canal Zone, or any other insular nationality of any other foreign country possession or territory of the United States, (1936) 38 Op. Atty. Gen. 525. on June 28, 1932, are to be deemed citizens

554b. Citizenship; persons born in the Canal Zone or the Republic of Panama.That any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States. Sec. 1, act of Aug. 4, 1937 (50 Stat. 558); 8 U. S. C, 5d.

Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States 'employed by the Government of the United States or by the Panama Railroad Company, is declared to be a citizen of the United States. Sec. 2, act of Aug. 4. 1937 (50 Stat. 558); 8 U, S. C. 5e.

555. Citizenship; children of citizens born outside the United States.-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 after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization. R. $. 1993; sec. 1, act of May 24, 1934 (48 Stat. 797); 8 U. 8. C.6.

Notes of Decisions In general.—Under this section a child child thereafter fails to comply with the born abroad subsequently to May 24, 1934, two conditions described in the Act, which one of whose, parents is a citizen of the must be regarded as conditions subsequent United States and the other an alien, ac- and not as conditions precedent (1934) 38 quires American citizenship at birth, such Op. Atty. Gen. 10. citizenship subject to being divested if such

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