TO AMEND THE NATIONALITY ACT OF 1940

HEARINGS

BEFORE A

, SUBCOMMITTEE OF THE

COMMITTEE ON IMMIGRATION

UNITED STATES SENATE

SEVENTY-SEVENTH CONGRESS

SECOND SESSION

ON

H. R. 6250

AN ACT TO AMEND THE NATIONALITY ACT OF 1940

FEBRUARY 17, 18, AND 19, 1942

Printed for the use of the Committee on Immigration

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1042
COMMITTEE ON IMMIGRATION

RICHARD B. RUSSELL, Georgia, Chairman

FRANCIS MALONEY, Connecticut

CHARLES O. ANDREWS, Florida

JAMES H. HUGHES, Delaware

WILLIAM H. SMATHERS, New Jersey

CLYDE L. HERRINO, Iowa

TOM STEWART, Tennessee

GEORGE L. RADCLIFFE, Maryland

LLOYD SPENCER, Arkansas

BURNET R. MAYBANK, South Carolina

HIRAM W. JOHNSON, California

RUFUS C. HOLMAN, Oregon

JOSEPH H. BALL, Minnesota

HAROLD H. BURTON, Ohio

LKEMAN ANDERSON, Clerk

CLARA E. SMITH, Assistant Clerk

II

..»i,Ji>.;ARYOFCCmi...

GOV'T PUu N3 R. R.
CONTENTS

Statement of• Page

Bennett, WilliamS 15

Criscuolo, Luigi 25

Finerty, JohnF ..3

Fleischman, Ernest 23

Hazard, Dr. HenryB 77

Hershfield, Isidore 73

Holtzoff, Alexander 29

Oppenheimer, Reuben 20

Shaughnessy, EdwardJ 76

Schlesinger, SidneyC. 41

Shoemaker, ThomasBi 33

Smith, L. M.C 43

ni

TO AMEND THE NATIONALITY ACT OF 1940

TUESDAY, FEBRUARY 17, 1942

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON IMMIGRATION,

Washington, D. C.

The subcommittee, consisting of Senators Maloney, Herring, and

Ball, met pursuant to call at 10:30 a. m., Hon. Francis Maloney

(chairman) presiding.

Present: Senators Maloney (chairman) and Ball.

Also present: Senator Holman.

Senator MALONEY. The meeting will come to order.

This is a meeting of the subcommittee appointed by Chairman

Richard Russell of the Committee on Immigration to hear those who

want to be heard on H. R. 6250.

(The bill referred to is as follows:)

1H. R. 62S0, 77th Cong., 2d Sess.]

AN ACT TO amend the Nationality Act of 1040

Be it enacted by the Senate and House of Representatives of the United Slates of

America in Congress assembled, That section 307 (a) of the Nationality Act of 1940,

approved October 14, 1940 (54 Stat. 1142), be, and it hereby is, amended by adding the following: "Provided, That the requirement that a person shall have resided

for a period of six months within the State in which the petition is filed shall not

apply to members of the military and naval forces of the United States: And provided further, That any member of the military or naval forces of the United States

may file his petition for naturalization in any naturalization court, regardless of

his place of residence, and such petition may be heard immediately by the naturalization court if the petitioner and his witnesses shall have appeared before, and

been examined by, a representative of the Immigration and Naturalization

Service."

SEC. 2. Subdivision (1) of subsection (b) of section 307 of the Nationality Act

of 1940, approved October 14, 1940 (54 Stat. 1142), is hereby amended to read

as follows:

"(1) Prior to the beginning of such period (whether such period begins before

or after his departure from the United States) the alien has established to the

satisfaction of the Attorney General that his absence from the United States

for such period is to be on behalf of such Government, or for the purpose of

carrying on scientific research on behalf of such institution, or to be engaged in the

development of such foreign trade and commerce or whose absence abroad is

necessary to the protection of the property rights in such countries of such firm

or corporation."

SEC. 3. The Nationality Act of 1940, approved October 14,1940 (54 Stat. 1137),

is hereby amended by adding, immediately following section 304 thereof, a new

section to be numbered 304A and reading as follows:

"SEC 304A. An alien, if eligible to naturalization, fifty years of age or over,

who has resided in the United States continuously since prior to July 1, 1924, and

who, on or prior to the effective date of this section, has made a declaration of

intention to become a citizen which is not more than seven years old, or who,

within two years from the effective date of this section, shall make a declaration

of intention, may thereafter file petition for naturalization and be admitted to
2 TO AMEND THE NATIONALITY ACT OE 1940

citizenship upon full and complete compliance with all requirements of the

naturalization laws, except that he shall not be required to speak the English

language, sign his declaration or petition in his own handwriting, or meet other

educational requirements."

SEC. 4. Section 320 of the Nationality Act of 1940, approved October 14, 1940

(54 Stat. 1148), is hereby amended to read as follows:

"SEC. 320. A person not an alien enemy, who resided uninterruptedly within the

United States during the period of five years next preceding July 1, 1925, and was

on that date otherwise qualified to become a citizen of the United States, except

that such person had not made a declaration of intention required by law and who

during or prior to that time, because of misinformation regarding the citizenship

status of such person, erroneously exercised the rights and performed the duties

of a citizen of the United States in good faith, may file the petition for naturalization prescribed by law without making the preliminary declaration of intention,

and upon satisfactory proof to the court that petitioner has so acted may be

admitted as a citizen of the United States upon complying with the other requirements of the naturalization laws."

SEC. 5. Section 328 (c) of the Nationality Act of 1940, approved October 14,

1940 (54 Stat. 1152), is hereby amended to read as follows:

"(c) For the purposes of the immigration laws and naturalization laws an alien,

in respect of whom a record of registry has been made as authorized by subsection

(b) of this section, shall bo deemed to have been lawfully admitted to the United

States for permanent residence as of the date of such alien's entry."

SEC. 6. The first paragraph of section 332 (a) of the Nationality Act of 1940,

approved October 14, 1940 (54 Stat. 1154), is hereby amended to read as follows:

SEC. 332. (a) An applicant for naturalization shall, not less than two nor more

than seven years after such declaration of intention has been made, make and

file in the office of the clerk of a naturalization court, in duplicate, a sworn petition

in writing, signed by the applicant in the applicant's own handwriting if physically

able to write, and duly verified by witnesses, which petition shall contain substantially the following averments by such applicant."

SEC. 7. Section 334 (c) of the Nationality Act of 1940, approved October 14,

1940 (54 Stat. 1156), is hereby amended to read as follows:

"(c) Except as otherwise specifically provided in this Act, no final hearing shall

be held on any petition for naturalization nor shall any person be naturalized nor

shall any certificate of naturlization be issued by any court within thirty days

after the filing of the petition for naturalization, nor within thirty days preceding

the holding of any general election within the territorial jurisdiction of the naturalization court."

SEC. 8. Section 338 (a) of the Nationality Act of 1940, amended by substituting

a comma for the period at the end thereof and by adding the following: "or on the

ground that his utterances, writings, actions, or course of conduct establishes that

his political allegiance is to a foreign state or sovereignty."

SEC. 9. Section 338 (b) of the Nationality Act of 1940, approved October 14,

1940 (54 Stat. 1158), is hereby amended by adding the following sentence at the

end thereof: "When the United States is at war or during the existence of a

national emergency proclaimed by the President, a naturalized person shall in

any proceeding brought under subsection (a) of this section have thirty days'

notice in which to make answer to the petition of the United States, if such

notice is served upon him personally in the continental United States."

SEC. 10. Section 338 of the Nationality Act of 1940, approved October 14, 1940

(54 Stat. 1158-1159), is amended by relettering subsections (d), (e), (f), and (g)

to read subsections (e), (f). (g), and (h), respectively, and by adding thereto a new

subsection to be lettered "subsection (d)" and reading as follows:

"(d) An action may be maintained under the provisions of this section to secure

a judgment canceling the certificate of naturalization of any person whose loss of

nationality has occurred under the provisions of section 404 of this Act."

SEC. 11. The first sentence of the second proviso of section 401 (a) of the

Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1168-1169), is

hereby amended to read as follows:

"(a) Provided further, That a person who has acquired foreign nationality

through the naturalization of his parent or parents, and who at the same time is a

citizen of the United States, shall, if he is abroad, and has not theretofore expatriated himself as an American citizen by his own voluntary act, be permitted

within two years from the effective date of this Act to return to the United States

and take up permanent residence therein, and it shall be thereafter deemed that

he has elected to be an American citizen."
TO AMEND THE NATIONALITY ACT OF 1940 3

SEC. 12. Section 403 (a) of the Nationality Act of 1940, approved October

14, 1940 (54 Stat. 1169-1170), is hereby amended to read as follows:

"SEC. 403. (a) Except as provided in subsections (g) and (h) of section 401,

no national can expatriate himself, or be expatriated, under that section while he

is within the United States or any of its outlying possessions, but expatriation

shall result from the performance by him within the United States or any of its

outlying possessions of any of the acts or the fulfillment of any of the conditions

specified in that section if and when the national thereafter takes up a residence

abroad."

SEC. 13. The Nationality Act of 1940 is hereby amended by inserting therein a

new section immediately following section 316, to be known as section 316A:

"SEC. 316A. A person born of alien parents in a foreign country, who entered

the United States as a minor prior to July 1, 1924, and who on or before the

effective date of this Act was a registered voter in any State and a bona fide

resident in any State or of the District of Columbia and who claims citizenship

through the naturalization of a parent, upon proof satisfactory to the Immigration and Naturalization Service, of the naturalization of such parent, shall be

held to have been legally admitted into the United States for permanent residence."

Passed the House of Representatives January 13, 1942.

Attest:

SOUTH TRIMBLE, Clerk.

The first witness is Mr. John F. Finerty, who appears as a representative of the Civil Liberties Union.

STATEMENT OF JOHN F. FINERTY, COUNSEL, AMERICAN CIVIL

LIBERTIES UNION, NEW YORK CITY

Senator MALONEY. Mr. Finerty, please tell the reporter your full

name and just identify yourself otherwise for the record, and then you

may proceed in your own way.

Mr. FINERTY. Thank you. John F. Finerty, 35 Button Place,

South, New York City; lawyer, with offices at Barr Building, Washington, D. C, and 120 Broadway, New York City.

Mr. Chairman, I am one of the signers of the brief filed by the

American Civil Liberties Union, and signed in addition by Edward

Borchard, Yale University Law School; Zechariah Chafee, Jr., Harvard University Law School; Morris L. Ernst, general counsel, American Civil Liberties Union; Osmond K. Fraenkel, of the New York

Bar; Lloyd K. Garrison, dean, University of Wisconsin Law School;

Arthur Garfield Hays, general counsel, American Civil Liberties Union;

William Draper Lewis, director, American Law Institute; Karl N.

Llewellyn, Columbia University Law School; Robert K. Matthews,

Ohio State University Law School, and Reuben Oppenheimer, of the

Maryland bar.

While I signed the brief in question, I did not prepare it and, as my

testimony will indicate, while I think it entirely sound, I believe it does

not quite reach the fundamentals of the questions which I will discuss.

I am briefly to give my qualifications. 1 am a member of the bars

of Illinois, Minnesota, District of Columbia, and United States

Supreme Court. I have spent 34 years in the practice of constitutional, international, and transportation law. From 1920 to 1925 I

was assistant general counsel of the United States Railroad Administration, in charge of all rate litigation before the Interstate Commerce

Commission and the United States Supreme Court for the Government. Prior to that I was assistant general coimsel of the Great

Northern Railway and counsel for the New York Central Railway.
4 TO AMEND THE NATIONALITY ACT OF 1940

Since 1925, when I resigned from the Railroad Administration, I have

been in private practice, representing the smaller railroads and the

larger shippers.

I also represented Tom Mooney before the Supremo Court of the

United States and the Supreme Court of California. I also made the

last argument for Sacco and Vanzetti on habeas corpus the night they

were executed, the argument being before Mr. Justice Holmes. I was

counsel for Eamon dc Valera in the Supreme Court of New York in

the Irish bond litigation, involving intricate questions of international

law. And I have been counsel for the American Civil Liberties

Union in numerous cases before the Supreme Court and other courts.

In my opinion, section 8 of PI. R. 6250 would be unconstitutional,

based on tlu-ee decisions of the Supreme Court of the United States

and on the fourteenth amendment.

These decisions are that of Chief Justice Marshall in Osborn v.

Bank of United States, (9 Wheat, 738); United States v. Wong Kim

Ark, (169 U. S., 649); Mackenzie v. Hare, (239 U. S., 299). I shall

also find it necessary to refer briefly to two other decisions of the

Supreme Court, in Johannessen v. United States (225 U. S. 227) and

Luria v. United States (231 U. S., 9). And in reading from these cases,

the amount I will read will be a sentence or two.

In Osborn v. Bank of the United States, Chief Justice Marshall said

at page 827:

A naturalized citizen is indeed made a citizen under an act of Congress, but the

act does not proceed to give, to regulate, or to prescribe his capacities. He

becomes a member of the society, possessing all the rights of a native citizen, and

standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The

simple power of the national legislature, is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it, so far as respects the individual.

I call your attention to the exercise of the power in naturalization

exhausts the power of Congress. Tho Chief Justice continues:

The Constitution then takes him up, and, among other rights, extends to him the

capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue.

In United States v. Wong Kim Ark, the court said at page 703:

The power of naturalization, vested in Congress by the Constitution, is a power

to confer citizenship, not a power to take it away.

Then the Court quotes from Chief Justice Marshall's decision. It

then proceeds to discuss the fourteenth amendment.

I now want to direct your attention to the language of the Court in

Mackenzie v. Hare, which so far as I know is the latest decision in

which the Supreme Court

Senator HOLMAN. May I inquire: Citizens do lose their citizenship,

however, by being convicted of certain crimes, do they not?

Mr. FINEHTY. Yes; and I will touch on that, Senator. Those provisions apply alike to naturalized and native-born citizens. For instance, desertion from the Army and naval forces.

Senator HOLMAN. Your contention is that when once a citizen there

is no qualification, that is, no limitation to the rights of citizenship?

Mr. FINERTY. Yes.

Senator HOI.MAN. Regardless of how they were made a citizen?

Mr. FINERTY. That is correct.

Senator HOLMAN. Or their origin relative to citizenship?
TO AMEND THE NATIONALITY ACT OF 1940 5

Mr. FINERTY. That is correct; and in that connection I am going

to refer, after referring to the Mackenzie case, to the fourteenth

amendment.

However, I want first to direct your attention to the language of

the court in Mackenzie v. Hare, where the court said at pages 311

and 312:

It may be conceded that a change of citizenship cannot be arbitrarily imposed,

that is, imposed without the concurrence of the citizen. The law in controversy does not have that feature.

That was the law depriving a married woman of her citizenship by

marriage to an alien.

It deals with a condition

Senator HOLMAN. Pardon me just a minute. A female citizen,

single, marries an alien; she does not then lose her citizenship?

Mr. FINERTY. Yes; she did at the time, under that act,'the act of

1906, she lost her citizenship unless she did certain acts. She lost her

citizenship in any event, if she married, but can regain it by doing

certain acts involved in the act itself. And the question involved in

the Mackenzie case was whether she lost her citizenship though she

continued to reside in the United States where she would have a

right, after the dissolution of her marriage, if she did reside in the

United States, to restoration of her citizenship.

Senator HOLMAN. The reason I asked the question, I knew of two

particular cases in the last war.

Mr. FINNERTY. Yes.

I want to re-read that last sentence:

The law in controversy does not have that feature. It deals with a condition

voluntarily entered into, with notice of the consequence.

Then skipping down, without omitting anything:

The marriage of an American woman with a foreigner has consequences of like

kind, may involve national complications of like kind, as her physical expatriation may involve. Therefore, as long as the relation lasts, it is made tantamount to expatriation. This ;

B no arbitrary exercise of government. It is one

which, regarding the international aspects, judicial opinion has taken for granted

would not only be valid, but demanded. It is the conception of the legislation

under review that such an act may bring the Government into embarrassments,

and it may be, into controversies.

And I direct your attention again to this last sentence:

It is as voluntary and distinctive as expatriation and ite consequence must be

considered as elected.

In other words, the Supreme Court on the question before it in the

Mackenzie case conceded that the Congress was without power to

deprive either a naturalized or any citizen of his citizenship without

his concurrence". And I shall point out later that Congress has never

attempted to do that except where, upon the theory of the Mackenzie

case, it has given notice in advance that certain acts would constitute

what might be called a concurrence in the deprivation of citizenship.

Now, the fourteenth amendment, section 1, the first sentence reads:

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.

Now it is that, to my mind, that makes it impossible to say that,

whatever was the situation before the fourteenth amendment, there

09296•42 2
6 TO AMEND THE NATIONALITY ACT OF 1940

cannot any longer be two classes of citizens of the United States.

The Constitution prior to the fourteenth amendment contained no

definition of what was or would be a citizen of the United States.

The fourteenth amendment supplies that definition and it is noted

that it creates one class known as citizens of the United States, and it

does not create two classes known, as some people would try to make it

appear, as native-born citizens and naturalized citizens. Those

terms, so far as they are now used in congressional legislation or otherwise, must be considered as used wholly for convenience and, as I will

indicate, in certain instances to differentiate between conditions that

could not possibly affect a native-born citizen, such as residence

abroad in the country of his birth; but would only affect naturalized

citizens. Those are not discriminations which would be very

abundant and are simply realizing or giving recognition to certain

differences in the origin of one class of citizens.

Senator HOLMAN. Any place in your argument are you going to

touch upon citizens of dual nationality?

Mr. FINERTY. I don't think there is such a thing. And I might as

well say here, Senator, that as shown in the very exhaustive Study of

the questions of the right to surrender citizenship or to become a

naturalized subject or citizen, the majority and minority opinions in

the. Wong Kim Ark case practically exhaust the subject. They show

there that certainly up to the passage of the expatriation act by the

Congress, in 1868'(that is sec. 800, title 8, U. S. C.) there was the

greatest dispute; not whether a citizen could be deprived of his citizenship, but whether he could even surrender it if he wanted to.

The opinion of the Supreme Court in the Wong Kim Ark case quotes

the statutes of China, under the Empire and prior to the Republic,

that made it a crime to become naturalized in another country, and

provided for the beheading of the naturalized citizen and any accessory to the naturalization•including apparently the immigration

inspectors in this country, if the Emperor of China coidd have apprehended them; and provided for the family of the expatriated Chinese

to become slaves of high officials, and for anyone, knowing of his

expatriation and not informing the Government they are to be

strangled.

Well, that was fairly drastic, but was not more drastic in reality

than the attitude of the British Government which, as late as 1856,

as I recollect it, through the British Ambassador informed the United

States Government that it was the opinion of His Majesty's Government that no Englishman could become a naturalized citizen of the

United States, and that to do so would be treason. That opinion is

quoted in the Wong Kim Ark case.

So I think that I am fairly safe in saying that there is no decision

of the Supreme Court of the United States, and no derision anywhere,

recognizing the right of Congress to deprive involuntarily anyone of

his citizenship, and that any provisions for the deprivation of citizenship are based on the doing of specific acts which, under the Mackenzie

case, it would be assumed in doing the citizen, native or naturalized,

would indicate as an acquiescence in their losing of the citizenship.

I think it is a fairly thin theory, but that is the only theory, was that

Congress at any rate could suspend the statute on those indications

in the Mackenzie case.
TO AMEND THE NATIONALITY ACT OF 1940 7

I do want to point out that it may be contended that the decisions

of Chief Justice Marshall in Osborn v. The Bank and Mr. Justice

Gray in the Wong Kim Ark case, were in those cases dictum. Well,

that is entirely true in Osborn v. Tie Bank, and it is not true in the

Wong Kim Ark case, because it would seem the only distinction or

one of the basic distinctions between the majority and minority

opinions in that case was based on this very opinion of the majority

that Congress had no power to deprive a naturalized citizen of his

citizenship.

I therefore want to submit•and I will be very brief after this•

that Congress is without power to deprive either a naturalized or a

native-born citizen of citizenship against his will, and may not provide

for loss of citizenship by either except on a basis applying to both.

Now, may I very briefly say that the decisions in the Johannessen

and Luria cases are in no way inconsistent to that proposition. In

both of those cases Congress recognized that irrespective of any act

of the Congress a court had inherent jurisdiction to set aside a decree,

of naturalization on the ground of fraud. One of the questions involved in those cases was whether the Congress could authorize another

court, a new naturalization court, to set aside such a decree; it being

alleged that that was a collateral attack. But the court said that

that was well within the power of Congress, and it also held that the

retrospective features of those acts were not contrary to the ex post

facto provisions of the Constitution, holding that those provisions

applied merely to criminal statutes.

Now, I want to call attention to the fact that sections 401, 402.

and 404 of the Nationality Code are not inconsistent with the recognition either of the necessity of uniformity in the treatment of naturalized and native-born citizens, or with the recognition that the consent

of the citizen is necessary before he can be deprived of his citizenship.

Section 800, U. S. C, is not properly a part of the Nationality Code,

but is so codified in the U. S. C, and that is the provision or the act

of 1868, Revised Statutes 1999, in which the Congress recognizes expatriation as a natural right. As I say, there has been a dispute

between the English Government, the Chinese Government, and the

United States Government as to that, and especially in the English

Government on the civil law. But Congress declared in section 800,

U. S. C, that that was a natural right of all persons.

Now, obviously, that applies both to naturalized and native-born

citizens.

I call your attention, also, to the fact that section 401, providing

a general means of losing United States nationality, applies both to

naturalized and native-born citizens. And I also call your particular

attention to the fact that every act by which nationality can be lost

under that section is specifically denoted. There is no doubt left; no

room for construction. Certain substantive acts constitute grounds

for assuming the assent of the citizen to losing his citizenship.

Section 404, it is true, applies only to naturalized citizens, and provides additional grounds for expatriation on naturalized citizens by

residence abroad. Now, the first two of those grounds both refer to

residence in the place of birth of the naturalized citizen or the place

of birth of his parents, or where he was formerly a national. Now

that could not, of course, apply to a native-born citizen, and therefore
8 TO AMEND THE NATIONALITY ACT OP 1940

is not inconsistent with the general recognition of the right of all citizens under section 800, U. S. C, to expatriate themselves.

There is a question whether section 404 (c), providing for residing

continuously for 5 years in any foreign state, except as provided in

section 406 hereof, in applying only to naturalized citizens is not in

conflict with the provisions of section 402, which merely makes the

same thing a presumption of expatriation as to a native-born citizen.

I think it is possible to argue that to that extent section 404 (c) is

unconstitutional. But as it is merely a matter really of evidence, the

question could never be raised and is not pertinent to the immediate

question here.

What I do want to call to your attention is the fact that in every

one of those sections there is not the slightest doubt left as to what

acts constitute a surrender of citizenship or what acts constitute

expatriation.

And if I may just conclude by a couple of paragraphs: As against

•these existing definite provisions as to the sepcific acts and conditions

which will constitute concurrence of the citizen, both native and

foreign born in loss of nationality, or shall constitute voluntary

expatriation, section 8 of H. R. 6250 proposes to deprive a naturalized

citizen of his citizenship "on the ground that his utterances, writings,

actions, or course of conduct establishes that his political allegiance is

to a foreign state or sovereignty." There is nothing to define what

utterances, what writings, what actions, or what course of conduct

shall establish his political allegiance to a foreign state or sovereignty.

In other words, this proposed amendment to section 338 (a) of the

Nationality Act of 1940, aside from individually discriminating against

naturalized citizens, affords such citizens no adequate knowledge, in

the language of the court in Mackenzie v. Hare, "a condition voluntarily entered into, with notice of the consequence." Whether the

utterances, writings, actions, or course of conduct will or will not

establish that political allegiance of such naturalized citizen to a

foreign state or sovereignty cannot possibly be known by such citizen

in advance, unless such acts are within the specific acts already defined

in sections 401 and 404 and the other sections on expatriation and

surrender of citizenship in the Nationality Act, which I have already

read.

Now, those specific acts are substantive acts, such as the taking of

an oath of allegiance to a foreign state, or entering its armed forces

without authority of the laws of this country, or a formal renunciation

of nationality before a diplomatic or consular officer in a foreign state.

As to such acts, the proposed amendment is unnecessary. As to

any other, on the utterances, writings, actions, or course of conduct,

it is unconstitutional; since their nature is not defined by the proposed

amendment, and therefore cannot be known to the citizen at the time

he performs them, but can only be specifically determined by the construction which may be placed upon them by a given court, with the

great possibility that another court might reach an entirely opposite

construction.

I most respectfully submit, therefore, that the proposed amendment

to section 338 (a) is either unnecessary or unconstitutional. And I

am greatly obliged to you.

Senator MALONEY. Thank you very much, Mr. Finerty.
TO AMEND THE NATIONALITY ACT OF 1940 9

Mr. FINERTY. Senator Maloney, I have this brief which I have

prepared and which I would like to file as a supplement to the American Civil Liberties Union brief.

Senator MALONEY. Very well; that will be made a part of the record.

(The briefs referred to are in full as follows:)

BRIEF OF AMERICAN CIVIL LIBERTIES UNION WITH REGARD TO H. R. 6250

The American Civil Liberties Union is concerned with only one section of

H. R. 6250, namely, section 8, and is concerned with this because it believes

that the changes proposed in that section gravely affect freedom of opinion and

assembly of naturalized citizens.

As originally introduced at the request of the Department of Justice, and as

approved by the Committee on Immigration and Naturalization of the House of

Representatives, section 8 of the proposed bill sought to amend section 338 (a)

of the Nationality Act of 1940 by adding thereto the following words: "or on

the ground that his conduct establishes that his political allegiance is, to a foreign

state or sovereignty." Section 338 (a) is the section which authorizes the institution of judicial proceedings for the revocation of the citizenship of any naturalized citizen on the ground of fraud or illegality. The bill was passed by the House

of Representatives with the addition of certain words so that the new matter

now reads: "or on the ground that his utterances, writings, actions or course of

conduct establishes that his political allegiance is to a foreign state or sovereignty."

It will thus be noted that the proposals expand the ground for revocation of

citizenship from fraud or illegality in extraordinary ways. Fraud and illegality

are both matters which' under all prior law and legal theory relate only to occurrences at the time of naturalization. They are in the original proposal extended

to conduct occurring thereafter, without limitation of time. The present bill

proceeds now, in addition, to permit revocation merely for words or utterances.

Nor is any test given which is capable of giving real guidance in a period of emotional stress, as to what utterances, or what kind of utterances, are envisaged.

1. In the opinion of the American Civil Liberties Union such a bill is unnecessary, dangerous, and unconstitutional. The ostensible necessity for the bill is

referred to in the report of Mr. Dickstein (No. 1544; 77th Cong., 1st sess.). He

says (p. 4):

"This will enable the Government not only to take away the citizenship of

persons who succeeded in getting naturalized although their true allegiance was

to a foreign state or sovereign, but it should enable the Government, upon revocation of naturalization, to classify them in many instances, as alein enemies and,

accordingly, subject them to the laws and regulations affecting alien enemies in

time of war or during national emergencies."

It will be noted at the very outset that Mr. Dickstein's characterization of this

bill is not correct. This bill does not forfeit the citizenship only of persons who

became naturalized, although their true allegiance was to a foreign state or sovereignty. To accomplish this objective, existing law is wholly adequate, since a

person who became naturalized and did not in good faith renounce his allegiance to

a foreign state, was clearly guilty of fraud. And if it was considered desirable to

call express attention in the law to this particular variety of fraud, the law should

have been formulated in terms so as to indicate that citizenship could be revoked

only if it appeared that at the time of naturalization there had not been an honest

intent to abjure allegiance to a foreign state.

2. Before considering further objections to the bill, it may be helpful to point

briefly to the existing provisions of law dealing with loss of citizenship. In addition to section 338, to which we have already referred, there are three statutory

provisions. The first of these, section 401, affects both native-born and naturalized citizens, the other two sections, 402 and 404, affect nationals and naturalized citizens respectively. Under section 401 citizenship may be lost by a

number of acts, such as naturalization elsewhere, voting elsewhere, or formal renunciation•formerly marriage by a woman to an alien was included in this

category. The significant feature of this section of the law, however, is that it

does not decree loss of citizenship except on proof of definite and specific acts

concerning which there can be no substantial doubt. Even when, as in subdivisions "g" and "h," loss of citizenship is based on more doubtful factors,

such as desertion in time of war or treason, the loss of citizenship results not

from proof of these facts in a proceeding dealing with citizenship, but only after

conviction for the offense charged.
10 TO AMEND THE NATIONA1JTT ACT OF 1940

3. The provisions which deal only with naturalized citizens also rest on specific

and definite acts. Thus section 404 creates a presumption of loss with regard

to certain of the grounds specified in section 401 where the naturalized citizen

has lived 6 months or more in a State of which either parent may have been a

national. And section 404 provides for the loss of citizenship (with certain exceptions) after residence of a definite number of years in a foreign country, the

length of time depending on whether or not it was the country of the naturalized

citizen's birth.

4. It is apparent from the foregoing that until now Congress has been careful

not so to condition loss of citizenship as to infringe the righto of naturalized

citizens to take an active part in the affairs of this country. Such part must,

of course, include the right to the fullest discussion of public matters, including

matters of international interest and concern. The proposed law does away

with all that. It makes it impossible for a naturalized citizen, with any safety,

to enter into any discussion which might be interpreted as an approval of something done or proposed by a foreign country, lest this be held by some court, in

a time of excitement, to show that his political allegiance is to such country.

Particularly is this so since there is no time limit in the bill, nor is it confined to

war or Other emergency situations.

Indeed, it is possible that under the bill, as drawn, proceedings might be instituted to cancel the citizenship of a person because of opinions expressed many

years before the bill became law. It is easy to conjure up situations in which the

citizenship of persons of German or Italian birth might be challenged because of

opinions expressed many years ago favorable to the regimes now existing in those

countries. So the citizenship of persons of Spanish birth might be challenged

because of positions taken by them on one side or the other of the recent Spanish

civil war. Indeed, the citizenship of persons of Irish birth might even be challenged because of their strong views in favor of Irish neutrality in the present

war.

And it is no answer to say that many of these fears may not be realized, or that

if unwarranted litigation ensues, the court will protect the naturalized citizen.

In the absence of real need, no law should be enacted under which such proceedings might take place. And the fear of such proceedings is bound to restrict the

freedom of all naturalized citizens. As Representative Fish is quoted as having

said, this creates "second class" citizenship.

5. In view of the fact that naturalized citizens are, like native-born citizens,

subject to jail sentences if they do anything which is harmful to the country, and

in many cases lose civil rights in consequence, no sound reason seems to exist for

singling out naturalized citizens for further penalties. And, as we shall show, we

believe that this proposed legislation is unconstitutional both as denial of due

process and as invading freedom of speech and of assembly.

6. That the bill even in its original form would not meet the objections heretofore made is clear. To penalize only the naturalized citizen, the penalization involving loss of citizenship, for conduct which occurs after naturalization would

be unfair discrimination. Our objections apply to the unequal treatment which

would thereby be accorded to citizens of this country. Furthermore, the word '"conduct" standing alone is vague and nebulous. Many prosecutions could be undertaken, proof of which might rest solely on words or writings. The same evil

situation might result as though the bill in its present form were in effect.

7. A reason advanced in support of section 8 of the bill is that the Government

should be able to withdraw its privilege of citizenship from those who are later

shown to be disloyal. The recent espionage convictions in Brooklyn where the

majority of the defendants were naturalized Americans of German origin are

cited as" an example. If Congress had wished to make a conviction for espionage

a means for loss of citizenship it could have done so. There could be no objections if the penalty were to apply equally to native as well as foreign-born citizens,

and if it applied only to acts committed after such penalty was created. But to

impose the heavv penalty of loss of citizenship upon only one class of citizens for

actions which did not constitute grounds for loss of citizenship when the acta

were committed would be a breach with out historic past, and a violation of the

great American tradition which has always placed the naturalized and nativeborn Americans on the same footing and basis and which has always condemned

ex post facto laws.

8. That a naturalized citizen has (with the exception of the right to become

President) all of the rights of a native-born citizen is well settled. See Luria v.

United States (231 U. S. 9). In that case an attack was made upon the provisions

ot the 1906 Naturalization Act, which provided that if a naturalized citizen
TO AMEND THE NATIONALJTY ACT OF 1940 11

returned to the country of his nativity or took permanent residence in any other

foreign country, that should be prima facie evidence of a lack of intention to

become a permanent citizen of the United States.

The Supreme Court upheld the law on the ground that it did not affect the

substantive right of citizenship, but merely provided a method of establishing the

absence of one of the requisites of citizenship, namely, an intention to become a

permanent resident here. The Court stressed the fact tliat the statute created

merely a presumption and that it applied for only 5 years after the issuance of the

original certificate. The Court expressly noted tliat the statute did not disturb

rights acquired through lawful naturalization.

That statute thus differed from the one here under consideration, since the

latter permits cancelation of naturalization without any proof that at the time

of naturalization the alien had failed to comply with the requirements. Finally,

the Court stressed the fact that the statute was limited in time and particularly

emphasized that the value of the presumption decreased as the period lengthened.

However, we have here neither a presumption nor a limitation of time. Therefore, the various considerations which induced the Court to sustain the statute in

the Luria case are all now absent.

9. Attention should also be called to Johannessen v. United States (236 U. S.

227). There a proceeding was instituted to cancel a certificate on the ground

that it had been fraudulently and illegally procured. The chief constitutional

objection was that the statute was an ex post facto law because retrospective.

While this was overruled, the Court pointed out that it did not doubt that a law

would be void which deprived a citizen of a substantial right because of something in his past conduct which was not an offense at the time it was committed.

The law now under consideration does deprive a naturalized citizen of a substantial

right which he may lawfully have obtained merely because of some act committed

by him in the past.

10. In this connection we call attention to the case of Mackenzie v. Hare (239

U. S. 299). In that case the former provision of law by which women lost their

citizenship when they married foreigners was challenged. The Court upheld that

law because of the peculiar nature of the marriage relationship. Mr. Justice

McKenna said:

"It may be conceded that a change of citizenship cannot be arbitrarily imposed;

that is, imposed without the concurrence of the citizen. The law in controversy

does not have that feature. It deals with a condition voluntarily entered into,

with notice of the consequences."

We believe that the proposed amendment is void, either as a denial of due

process or as an ex post facto law, if it should be construed to apply to persona

already naturalized, particularly if proceedings be taken against them because of

opinions uttered or acts done prior to the enactment of this law.

11. But our basic objection to the proposed law is that, as last amended, it

is bound to impose serious restrictions on freedom of speech and of assemblage.

These restrictions will exist regardless of the actual legal proceedings taken under

the act. The more existence of the act will operate in terrorem. Naturalized

citizens will be forced to weigh their words and actions, not with a view to the

best interests of the country as a whole, but with a view to their own status only.

In this way, free and needed discussion will be hampered and its areas seriously

restricted. Restraints will have been imposed upon these citizens as effectively

as though the statute carried criminal penalties with it. Yet no one could doubt

that such a statute would be unconstitutional.

The Supreme Court has in recent years recognized the great importance to a

democratic community of the provisions of the first amendment. It has held

void acts of both legislatures and courts which interfered with this guaranty.

Herndon v. Lowry (301 U. S. 342); Schneider v. Irvington (308 U. S. 147); Thornhill v. Alabama (310 U. S. 88); Carlson v. Alabama (310 U. S. 106; Cantwell v.

Connecticut (310 U. S. 290); and Bridges v. California, decided December 8, 1941.

But that these cases all arose from the States and were, therefore, strictly under

the fourteenth amendment rather than the first does not detract from the principle involved. However, if the Congress enacts bills of the character now

proposed, it is fair to assume that to this list of State cases will be added cases

arising under acts of Congress as well.

12. The amendments proposed by section 8 of this bill should be defeated in

the Senate as an unnecessary, undesirable, and unconstitutional departure from

existing law. The risks of mistakes under such a bill are incalculable. The

need for such a bill has not been demonstrated. And it is bound to create cleav-
12 TO AMEND THE NATIONALITY ACT OF 194 0

ages between groups of citizens rather than the unity so demanded in our present

crisis.

Respectfully submitted.

AMERICAN CIVIL LIBEBTIES UNION.

Of counsel:

Edward Borchard, Yale University Law School; Zechariah Chafee,

Jr., Harvard University Law School; Morris L. Ernst, general

counsel, American Civil Liberties Union; John F. Finerty, of the

District of Columbia Bar; Osmond K. Fraenkel, of the New York

Bar; Lloyd K. Garrison, dean, University of Wisconsin Law

School; Arthur Garfield Hays, general counsel, American Civil

Liberties Union; William Draper Lewis, Director, American Law

Institute; Karl N. Llewellyn, Columbia University Law School;

Robert K. Matthews, Ohio State University Law School; Rueben

Oppenheimer, of the Maryland Bar.

CONGRESS IS WITHOUT POWER TO DEPRIVE EITHER A NATURALIZED OR A NATIVEBORN CITIZEN OF CITIZENSHIP AGAINST HIS WILL, AND MAY NOT PROVIDE

FOR THE LOSS OF CITIZENSHIP BY ELTHER, EXCEPT ON BASES APPLYING TO

BOTH

In United States v. Wong Kim Ark (169 U. S. 649, p. 703), Mr. Justice Gray,

speaking for the majority, said:

"The power of naturalization, vested in Congress by the Constitution, is a

power to confer citizenship, not a power to take it away."

The Court then refers to the following language, used by Chief Justice Marshall

in Osborn v. United States Bank (9 Wheat. 738, p. 827):

"A naturalized citizen becomes a member of society, possessing all rights of

native citizens and standing, in view of the Constitution, on the footing of a native.

The Constitution does not authorize Congress to enlarge or abridge those rights.

The simple power of the national legislature is to prescribe a uniform rule of

naturalization, and the exercise of this power exhausts insofar as respects the

individual. The Constitution then takes him up, and, among other rights,

extends to him the capacity of suing in the courts of the United States precisely

under the same circumstances under which a native might sue."

The opinion in the Wong Kim Ark case then continues:

"Congress having no power to abridge the rights conferred by the Constitution

upon those who have become naturalized citizens by virtue of acts of Congress,

a fortiori no act or omission of Congress as to providing for the naturalization of

parents or children of a particular race, can affect citizenship acquired as a birthright, by virtue of the Constitution itself, without any aid of legislation."

It is to be noted that the dissents of Chief Justice Fuller and Justice Harlan in

the Wong Kim Ark case do not contain any dissent from that portion of the majority opinion holding the Congress is without power to take away citizenship, once

conferred.

It mav be suggested that both in the Wong Kim Ark case and in Osborn v.

United Slates Bank, supra, this holding was dicta. This, however, is by no means

clear in the Wong Kim Ark case. It may very well be said to have been essential

to the chain of reasoning by which the majority, in that case, held that a child,

born here, of Chinese parents becomes a citizen, although his parents could not be

naturalized.

However this may be, the fourteenth amendment puts it beyond question that

Congress, once bavins exercised its constitutional power under article 1, section 8,

clause 4 of the Constitution, to naturalize a person, is without power to deprive

such naturalized citizen of his citizenship, without, his consent. The first sentence

of section 1 of the fourteenth amendment reads:

"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

thev reside."

Prior to the fourteenth amendment, there was, as shown by the majority and

minority opinions in the fyong Kim Ark case, no definition of what constituted

a citizen of the United States. That amendment supplied such definition, and

it is particularly to be noted, makes no distinction in this respect between persons

born and persons naturalized in the United States. In other words, so far as

constitutional definition is concerned there is only a single class, "citizens of the
TO AMEND THE NATIONALITY ACT OF 1940 13

United States," and not two classes, "native-born citizens" and "naturalized

citizens," It is therefore beyond the power of Congress to make a distinction in

substantive rights based upon any such unconstitutional classification.

Moreover, in the latest case in which the Supreme Court has considered the

question of loss of citizenship, Mackenzie v. Hare (239 U. S. 299), the Court says,

p. 311:

"It may be conceded that a change of citizenship cannot be arbitrarily imposed,

that is, imposed without the concurrence of the citizen."

In that case, the Court held that no exception in favor of an American-born

woman who marries a resident foreigner and remains within the jurisdiction of the

United States may be read into the provisions of the act of March 2, 1907 (34

Stat. et al. 1228, ch. 2534), that•

"Any American woman who marries a foreigner shall take the nationality of

her husband, but may resume her American citizenship, at the termination of the

marital relation, if within the United States, by continuing to reside therein, and,

if abroad, by returning to the United States or by registering as an American

citizen."

The Court held that the Congress could validly forfeit the citizenship of such

American-born woman, even though she remained within the jurisdiction of the

United States.

The Court, after using the language just quoted, continued (pp. 311-312):

"The law in controversy does not nave that feature. It deals with a condition

voluntarily entered into, with notice of the consequences. * * * And this

is an answer to the apprehension of counsel that our construction of the legislation

will make every act, though lawful, a renunciation of c tizeuship. The marriage

of an American woman with a foreigner has consequences of like kind, as her

physical expatriation may involve. Therefore, as long as the relation lasts, it is

made tantamount to expatriation. This is no arbitrary exercise of government.

It is one which, regarding the international aspects, judicial opinion has taken for

granted would not only be valid, but demanded. It is the conception of the legislation under review that such an act may bring the Government into embarrassments, and, it may be, into controversies. It is as voluntary and distinctive as

expatriation and its consequences must be considered as elected."

It is true that Johannessen v. United Slates (225 U. S. 227), decided in 1911,

and Luria v. United States (231 U. S. 9), decided in 1913, hold that a naturalized

alien may be deprived of his citizenship, where a fraud was practiced upon the

court which naturalized him.

In the Johannessen case, the alien had applied to the court for naturalization,

less than 4 years after his first arrival in this country in 1892, and a certificate was

issued based upon perjured testimony, that he had resided within the United

States for a period of 5 years at least. The facts were not discovered by the

Government until 1908. Proceedings were brought under the act of June 29,

1906 (34 Stat. et al., 596-601), authorizing district attorneys to applv to any

Federal court to set aside naturalizations obtained by fraud. The Court, in

effect, held that the State court which had originally granted naturalization,

would itself have had inherent right to set aside its decree because obtained by

fraud. It further held (p. 236), that Congress had power to authorize an attack,

in a court other than the one granting a certificate of citizenship, if it had been

obtained by fraud. The court likewise held that the fact that the act authorizing

the proceedings to cancel such naturalization was specifically retrospective, did

not make it void as an ex post facto law. The court stated that the prohibition

of Act 1, section 9 of the Constitution against ex post facto law applies only to

criminal punishments and has no relation to retrospective legislation of any other

description.

Luria v. United States upheld the act of June 29, 1906, section 15 (34 Stat.

et al., 596, 601), which provides that taking up a permanent residence in a foreign

country, within 5 years after granting of a certificate of citizenship, shall be

considered prima facie evidence of lack of intention to become a permanent citizen

of the United States, at the time of the application for citizenship, and shall be,

in the absence of countervailing evidence, sufficient to warrant, the cancelation

of the certificate as fraudulent. The Court held that this provided a rule of

evidence and not of substantive right. Here again, the Court merely upheld

the power of Congress to cancel naturalization because of fraud existing at the

time such decree of naturalization was procured, and held it, likewise, within the

power of Congress to make it prima facie evidence of fraud for the naturalizaed

alien, within 5 years after naturalization, to take up permanent residence abroad.

6»2»6•42 3
14 TO AMEND THE NATIONALITY ACT OF 1940

In this connection, the Court, it is to be noted, stressed the 5-year limitation upon

the power of cancelation. The Court said, p. 26:

"That the taking up of a permanent residence in a foreign country shortly

following naturalization has a bearing upon the purpose with which the latter

was sought, and affords some reason for presuming that there was an absence of

intention at the time to reside permanently in the United States, is not debatable.

No doubt, the reason for the presumption lessens as the period of time between

the two events is lengthened. But it is difficult to say at what point the reason

so far disappears as to afford no reasonable basis for the presumption. Congress

has indicated its opinion that the intervening period may be as much as 5 years

without rendering the presumption baseless. That period seems long, and yet

we are not prepared to pronounce it certainly excessive or unreasonable. But

we are of opinion that as the intervening time approaches 5 years, the presumption necessarily must weaken to such a degree as to require but slight countervailing evidence to overcome it. On the other hand, when the intervening time

is so short as it is shown to have been in the present case, the presumption cannot

be regarded as yielding to anything short of a substantial and convincing explanation. So construed, we think the provision is not in excess of the power

of Congress."

It may be suggested that section 8 of H. R. 6250, in proposing to amend section

738 (a) of the Nationality Act of 1940 (title 8, sec. 738, U. S. C.) by providing for

suits for revoking citizenship of a naturalized alien "on the ground that his utterances, writings, actions, or course of conduct establish his political allegiance to a

foreign state or sovereignty" is not inconsistent with the concession of the Supreme

Court in Mackenzie v. Hare, that a citizen cannot be deprived of his citizenship

without his concurrence. It may be urged that such naturalized citizen by "utterances, writings, actions, or course of conduct" establishing "his political allegiance

to a foreign state or sovereignty" thereby indicates his concurrence in the revoking

of his citizenship.

In the Mackenzie case, however, the Supreme Court was only able to uphold

the act depriving an American-born woman of her citizenship by marriage to an

alien, on the ground, as stated by the Court, p. 212:

"It deals with a condition voluntarily entered into with notice of the consequences.

"* * * It is as voluntary and distinctive as expatriation and its consequences

must be considered as elected."

In other words, Congress, by providing that marriage to an alien should deprive

an American-born woman of her citizenship, could at least have been said to have

made a definite act, the exact consequence of which the woman knew in advance,

tantamount to the woman's concurrence in the surrender of her citizenship.

This may also be said of section 401 (title 8, sec. 801, U. S. C), which provides

for "General means of losing United States nationality." There, every act indicating surrender of nationality is definitely defined. It is to lie observed, moreover, that section 401 expressly applies both to naturalized and to native-born

citizens.

Furthermore, it will be noted that (title 8, sec. 800, U. S. C), in recognizing the

right of voluntary expatriation bv all persons, and sections 404, 405, 406, and 407

of the Nationality Act of 1940 (respectively title 8, sec. 804, 805, 806, and 807,

U. S. C.) in providing for the expatriation of naturalized citizens, expressly define

the specific acts which shall constitute expatriation, and make definite exceptions

of certain specific conditions which shall not imply expatriation. Moreover, it is

to be noted that section 408 of the Nationality Act (title 8, sec. 808, U. S. C.)

specifically provides that, "the loss of nationality under this chapter shall result

solely from the performance by a nat ional of the acts or fulfilment of the conditions

specified in this chapter."

As against these existing definite provisions as to the specific acts and conditions

which shall constitute concurrence of citizens, both native-born and naturalized,

in loss of nationality, or shall constitute voluntary expatriation, section 8 of

H. R. 6250 proposes to deprive a naturalized citizen only of his citizenship,

"on the ground that his utterances, writings, actions, or course of conduct establish

his political allegiance to a foreign state or sovereignty."

There is nothing to define what utterances, what writings, what actions, or what

course of conduct shall "establish his political allegiance to a foreign state or

sovereignty". In other words, this proposed amendment to section 338 (a) of

the Nationality Act of 1940, aside from unconstitutionally discriminating against

naturalized citizens, affords such citizens no adequate knowledge, in the language

of the Court in Mackenzie v. Hare, of " * * * a condition voluntarily

entered into, with notice of the consequences."
TO AMEND THE NATIONALITY ACT OF 1940 15

Whether the utterances, writings, actions, or course of conduct, will or will not

establish that the political allegiance of such naturalized citizen is to a foreign

state or sovereignty, cannot possibly be known to such citizen in advance, unless

such acts come within the specific acts already defined in section 401 of the

Nationality Act, such as taking an oath of allegiance to a foreign state, or entering

its armed forces without authority of the laws of this country, or a formal renunciation of nationality before a diplomatic or consular officer in a foreign state. As

to such acts, the proposed amendment is unnecessary. As to any other "utterances, writings, actions, or course of conduct," it is unconstitutional, since their

nature is not defined by the proposed amendment and therefore cannot be known

to the citizen at the time he performs them, but can only be subsequently determined by the construction which may be placed on them by a given court, with

the possibility that another court might reach an entirely opposite construction.

It is submitted, therefore, that the proposed amendment to section 338 (a) is

either unnecessary or unconstitutional.

Respectfully submitted.

JOHN F. FINERTY,

Counsel for American Civil Liberties Union.

FEBRUARY 17, 1942.

Senator MALONEY. Mr. Bennett, I think we will give you a chance

to be heard now, and I will hear Mr. Oppenheimer next.

STATEMENT OF WILLIAM S. BENNETT, ATTORNEY, BENNETT,

HOUSE & COURTS, NEW YORK

Mr. BENNETT. Mr. Chairman, I have already given you a copy of

the amendment that I suggest.

Senator MALONEY. You have a copy here, yourself?

Mr. BENNETT. Yes.

Senator MALONEY. Will you please identify yourself for the record

and then submit the copy of your suggested amendment?

Mr. BENNETT. Yes. William S. Bennett, 25 Broadway, New

York City. I happen to be the only surviving member of the Fiftyninth Congress that drafted the Naturalization Act, and therefore I

am in a position to give the genesis of this situation.

When we came to drafting the act, we found, to the amazement of

those who live on the eastern seaboard that from Ohio west the

constitutions of the States, several of the State?•Indiana, Michigan,

and Nebraska•for very good and sufficient reasons permitted the

people to vote who had merely filed declarations of intention.

Senator MALONEY. I would like to know what those good and

sufficient reasons arc.

Mr. BENNETT. Yes. Well, they are these: The territories were

being settled up very rapidly and settled up by immigrants from

very good countries, as they thought and as events proved. And

they adopted as a policy that since they evinced enough interest in

becoming permanent citizens to file declarations of intention that they

ought to be permitted to take a part in the government.

The State of Nebraska elected a governor who was not a citizen of

the United States, and the right so to do was contested and upheld by

the Supreme Court of the United States in the case of Ward against

Nebraska.

Well, the inevitable result was that where these people found that

they could exercise all the rights of citizenship by merely filing a

declaration of intention, and it was difficult to become•it was annoying, at least, to become a citizen, and file applications for second

papers; and there was no uniform rule•they just went ahead and filed,
16 TO AMEND THE NATIONALITY ACT OF 1940

and considered themselves citizens, and were not harmed or did not

harm anybody.

When we drafted our uniform Naturalization Act

Senator MALONEY. May I interrupt you there?

Mr. BENNETT. Certainly.

Senator MALONEY. I knew it happened, but I was wondering what

led you to believe there were good and sufficient reasons for permitting

any such thing to happen?

Mr. BENNETT. Those were good and sufficient reasons. You take

a State•take States like the Dakotas or Nebraska itself, and in the

earlier days in Michigan and Indiana, although in a lesser degree•

where a large proportion of the people who were clearing the land and

doing the actual work of citizenship could not become citizens for 5

years after thoy arrived in the country; and yet it was felt they ought

to have some voice in the Government. That became the State

policy. I am not saying it was right.

Senator HOLMAN. That is, particularly in local government of

which they were a component part.

Mr. BENNETT. Exactly.

Senator HOLMAN. I can get that theory.

Mr. BENNETT. Yes.

Senator HOLMAN. Applicable to the pioneering of our country,

and the immigrants came pretty generally and are the sources of the

hardy pioneers that went out and would work in the open spaces.

Mr. BENNETT. Yes, sir.

Senator HOLMAN. But today we have entirely different conditions,

of a different kind of people coming, that swarm together in cities and

bring on all the congestion and untoward conditions incident to slums

and such. And I sometimes think the Government has got to cut,

got to make the Government fit the conditions.

Mr. BENNETT. With that argument I have no quarrel at the

moment.

Senator HOLMAN. Yes.

Mr. BENNETT. Because this proposed amendment does not touch

on that at all, it relates entirely to one of those races sometimes called

Nordic. And you have those who came here many years ago as

German nationals. We in our bill protected every one of that kind,

by permitting the declarations of intention to retain their validity, the

old declarations of intention; although we provided as to the new

declarations of intention, in our bill, that they should only remain

valid for 7 years, and if a man did not exercise his right within those 7

years his declaration of intention became invalid for all purposes. So

of course he could not vote, if he filed a new declaration under our bill.

But it was soon found by the Congress that in order to protect this

older immigrant there was additional legislation necessary, and in 1918

the Congress passed a bill which is substantially the same as section

320 of the Nationality Act of 1940. I think the wording is identical,

except that the 5 years mentioned in the act are the years 1909 to

1914. Subsequently the Congress amended the 5-year period to be

the 5 years preceding July 1, 1920, and now the House has made the

period the 5 years preceding July 1, 1925.

But the act of 1918, having been passed on the 18th day of May

1918•when we were at war with the Germans and the Austrians;

as unfortunately we are again•for the first time introduced into the
TO AMEND THE NATIONATJTY ACT OF 1910 17

law the words "a person not an alien enemy." Well, those few words

did not remain effective very long, because we were soon at peace

with both Germany and Austria. So up until the 8th of December,

I think it was, this year

Senator MALONEY. When we declared the existence of a state of

war; yes.

Mr. BENNETT. Up until the 8th of December 1941, we had no alien

enemies, and the law was applicable to everybody.

When this H. R. 6250 got on the floor of the House, they found

that those words made necessary a new section for the protection of

some very excellent people who had come to this country when young

as Germans.

The specific case of the amendment proposed by Representative

McCormack and Representative Martin, practically jointly, was of a

man who thought he was a citizen, who had come here young and who

had been here at the time his father was naturalized, and who would

have become a citizen if his father had not negligently failed to write

his name in the proper space in the proper paper. This man went

ahead and voted and exercised other acts of citizenship, and today

would be doing the same thing if it had not happened that he went

around and wanted to act as a sponsor of another man applying for

naturalization and described himself as a citizen of the United States.

They checked up and found out his father had not written his name

in the proper place in the application.

So that the House inserted Section 13, which merely says "A person

born of alien parents in a foreign country." They had to do that,

because by the 8th of December

Senator HOLMAN. Will you enlighten me, please? What is the

exact meaning? Is there a prohibition about citizenship of nativeborn of alien parents, and what is that? I did not get the reference

that you just made. I did not get your point.

Mr. BENNETT. Here is the reason why the existing law does not

cover these people: Section 320 is in the law now, and has been in the

law since 1918. It says:

A person not an alien enemy, who resided uninterruptedly within the United

States during the period of five years next preceding July 1, 1920, and was on that

date otherwise qualified to become a citizen of the United States, except that such

person had not made a declaration of intention required by law and who during

or prior to that time, because of misinformation regarding the citizenship status

of such person, erroneously exercised the rights and performed the duties of a

citizen of the United States in good faith

•may not become a citizen, but•

may file the petition for naturalization prescribed by law without making the

preliminary declaration of intention, and upon satisfactory proof to the court

that petitioner has so acted may be admitted as a citizen of the United States

upon complying with the other requirements of the naturalization laws.

The trouble arises, Senator Holman, that the law which protected

everybody up until the 8th of December 1941, since that date, because

of the declaration of war, is no longer a protection to men who have

resided in this country for years and exercised the rights and been

under the impression that they were citizens, because technically they

are now alien enemies, although they may have sons in every branch

of the armed services.
18 TO AMEND THE NATIONALITY ACT OF 1940

So that the gentlemen from Massachusetts•the majority and the

minority leaders of the House, it just happened•found that in order

to protect their Massachusetts people, and they found there were

others similarly situated, and they joined and introduced, and I may

say it was passed unanimously, an amendment which does not say

anything about alien enemies, but says, "a person born of alien parents

in a foreign country," and so forth; which is the same thing.

Senator HOLMAN. May or may not do what?

Mr. BENNETT. In that particular case it is this:

who entered the United States as a minor prior to July 1, 1924, and who on or

before the effective date of this Act was a registered voter in any State and a bona

fide resident of a State or of the District of Columbia and who claims citizenship

through the naturalization of a parent, upon proof satisfactory to the Immigration

and Naturalization Service in the declaration of such party shall be held to be

lawfully admitted into the United States for permanent residence.

I may say for the record, gentlemen, that the amendment was referred to the Department of Justice and approved by it because of the

obvious validity of it. It did not cover all of the cases; they never do.

So there are some cases which do not fit those exact situations, and

to cover them I have drafted one. Because there are in New York

City some of these people who lived in Middle Western States and

who voted in Middle Western States under the laws out there, and

who came to New York State under the impression that they were

American citizens, and only found that they are not when the Alien

Registration Act was passed and they consulted attorneys to find out

whether they were citizens, and for the first time found out that they

were not citizens of the United States although they had exercised the

rights of citizenship under misinformation. In order not to make it

too broad, I have drawn a rather rigid statute, so it would cover only

people who have been here a long time. Well, I will read it:

A person born of alien parents in a foreign country, who first entered the United

States as a minor prior to July 1, 1912•

Thirty years ago•

and who on or before the effective date of this Act has resided uninterruptedly

within the United States for more than twenty years and was at the time of his

entry into the United States and still is qualified to become a citizen of the United

States, except that a declaration of intention required by law heretofore filed by

such person prior to January 1, 1920, expired by operation of law while, because

of misinformation regarding the citizenship status of such person, such person

was erroneously exercising the rights and performing the duties of a citizen of the

United States in good faith, may file the petition for naturalization prescribed by

law without making the preliminary declaration of intention, and upon satisfactory proof to the Court that petitioner has so acted may be admitted as a citizen

of the United States upon complying with the other requirements of the naturalization laws.

I would like to call to your attention that the latter paragraph is

Senator HOLMAN. May I interrupt you there?

Mr. BENNETT. Certainly.

Senator HOLMAN. The thought that occurs to me: You make one

of your conditions that through misinformation he votes erroneously.

Mr. BENNETT. That is right.

Senator HOLMAN. Suppose they have been exercising these functions of a citizen, not through misinformation, but deliberately; who
TO AMEND THE NATIONALITY ACT OF 1940 19

is going to determine whether•I don't like that qualification•who

is going to be the judge of whether they are doing it through misinformation, or otherwise?

Mr. BENNETT. Well, the reason I took that, that is the existing

law. This is section 320 of the existing law•

because of misinformation regarding the citizenship status of such person,

erroneously exercised the rights and performed the duties of a citizen of the

United States in good faith.

Senator HOLMAN. Yes; but suppose, on the contrary, they exercised

these functions of citizenship, knowing that they had not compiled

and knowing just exactly what their status was?

Mr. BENNETT. Because the law places the burden on them to prove

to the court affirmatively that they did this because of misinformation.

Senator HOLMAN. Well, if they are perfectly honest about it and

were not making any subterfuge at all, wouldn't they be permitted

to continue, on that citizenship?

Mr. BENNETT. NO, Senator; I do not make my amendment that

broad, because I do not want to make it any broader than the existing

law.

Senator HOLMAN. Well, it is going to lead to perjury.

Mr. BENNETT. Well, so far it has been on the••

Senator HOLMAN. I know of a particular case, and that is why I am

questioning about it.

Mr. BENNETT. Yes. It has been in the statute.

Senator HOLMAN. I know of a case where a man has been perfectly honest and truthful about it, and if you are going to take in all

these other people I would like to take in a man of character.

Mr. BENNETT. Well, you could change the amendment. I felt

I did not want to go further than the existing statute. I am perfectly

willing and if it ought to be broadened to cover some existing case I

have no objection. I have furnished a copy of the amendment, and I

did not think I ought to go any further than the existing law. This

confers no rights other than the existing statute, and the only reason

that it is necessary at all, if H. R. 6250 is passed in the form in which

it is, is because these persons have been living here 20 and 25 years

and are technically alien enemies although, as the Attorney General

points out, they have got sons in the armed services and everything

of that sort and are just as loyal as we are.

Senator HOLMAN. A lot of them haven't, too.

Mr. BENNETT. I beg your pardon?

Senator HOLMAN. A lot of them haven't sons in the armed services.

Mr. BENNETT. That I don't know.

Senator HOLMAN. And don't intend to have.

Mr. BENNETT. A great majority of them have. And the Federal

Bureau of Investigation, out of 400,000 or 500,000 Germans have

only been able to pick out 1,500, which is a negligible percentage.

So that is the situation.

Senator MALONEY. Thank you very much.

Senator MALONEY. Mr. Oppenheimer, will you come forward

now, please?
20 TO AMEND THE NATIONALITY ACT OF 194 0

STATEMENT OF REUBEN OPPENHEIMER, ATTORNEY, BALTIMORE,

MD., COUNSEL FOR AMERICAN CIVIL LIBERTIES UNION

Mr. OPPENHEIMER. Mr. Chairman and members of the committee,

with Mr. Finerty I am one of the signers of the brief of the American

Civil Liberties Union, which I ask to be placed in the record of this

proceeding. Mr. Finerty has already offered it.

As to my qualifications, if any

Senator MALONEY. Will you give us your name, first?

Mr. OPPENHEIMER. Reuben Oppenheimer. I am an attorney at

1508 First National Bank Building, Baltimore, Md.; in practice in

Baltimore for 20 years.

Senator MALONEY. In what capacity do you appear here, Mr.

Oppenheimer?

Mr. OPPENHEIMER. As one of counsel for the American Civil

Liberties Union.

Senator MALONEY. Yes; I find your name written in here.

Mr. OPI-ENHEIMER. I don't know if I have any particular qualifications in the matter. I did write the report on deportation for the

Wickersham Commission, and have made some study of immigration

and naturalization matters since. I am not engaged in immigration

practice. I have represented the Civil Liberties Union in various

matters.

The opposition of the Civil Liberties Union is only to section 8 of

H. R. 6250, and my remarks will be quite brief because Mr. Finerty

has covered the ground so thoroughly. That section proposes to

add a phrase to the present law, section 338 (a) of the Naturalization

Code, which is title 8, section 738 (a) of the United States Code.

That section at present provides that it shall be the duty of the

United States district attorneys for the respective districts to institute proceedings in the proper court for the purpose of revoking and

setting aside the order admitting such person to citizenship and

canceling the certificate of naturalization on the ground of fraud or

on the ground that such order and certification of naturalization

were illegally procured. That is the act as it reads at present.

The proposed amendment in the House bill is to add at the end of

that sentence the following words:

or on the ground that his conduct establishes that his political allegiance is to a

foreign state or sovereignty.

I propose only briefly to analyze the character and probable effect

of this proposed amendment. Let me point out, first, that unlike

the other provisions with respect to the revocation of naturalization,

or expatriation, it does not refer to any specific act. At the present

time the citizenship of either a native-born American or a naturalized

citizen can be taken away for certain definite acts; for example, to

take just a few, treason or desertion or residence abroad under certain

circumstances. But they are all specific acts.

This proposed section, for the first time, would introduce a reason

for a grievous act which the Government can do in connection with

the rights of citizens which is not possible on a specific act. Furthermore, this section, amending as it does the provisions for revocation

of naturalization, does not relate to what took place at the time that

naturalization was obtained. It is not in the nature of a presump-
TO AMEND THE NATIONALITY ACT OF 1940 21

tion such as was considered by the Supreme Court in the Luria case.

It has no limitation in time; it extends indefinitely.

It marks a radical departure from our entire policy in connection

with naturalization, and for the first time does it seek to make a

ground for the revocation of naturalization something which is not a

concrete act, easily ascertainable and capable of proof, such as residence for an exact period of time in a foreign country, or conviction

of treason in a court of the United States.

But also for the first time, it seeks to introduce a distinction between native-born Americans and citizens who have acquired their

citizenship by naturalization.

What would be the probable effect of this act, apart from what

we believe to be its unconstitutionality? First, why is it needed?

At the present tune, if an alien secures his naturalization by fraud,

that naturalization can be set aside. And surely if after he has

obtained his naturalization bv such fraud he indulges in acts or utterances which show that his allegiance is to a foreign country, that is

additional proof that his original application was fraudulent. For

that, no act is needed, or if an act were thought advisable it could

easily be framed in the language of a presumption relating back to

the time of naturalization. So the act certainly is not needed for

that.

What categories of cases, then, does it cover? Only this, so far as I

can see, which is not covered by the present law•the case of a man or

a woman who obtains his naturalization in good faith, intending to

renounce his allegiance to some foreign country, and afterward for

some reason changes his position and gives up allegiance to this country

which he has undertaken in good faith and goes back to his old allegiance. Only that. And yet, if that class of cases is to be covered,

why is it any worse for a naturalized citizen to become, in effect and in

actuality, a subject of a foreign nation, than for a native-born American? Is not a native-born American to be not only as much criticized

but as much punished as a naturalized citizen? Why should a distinction be made?

The proposed act, we submit, not only goes too far in certain

directions, but in other directions does not go far enough. If Congress

determines that certain acts are so serious in effect that, in addition to

the criminal penalties already provided by law they should result in

loss of citizenship, the same way that desertion from the armed

forces or conviction of treason is punished, we submit that such

definite act should also be punishable by revocation of citizenship for

native-born citizens if naturalized citizens are to be so punished.

I believe that a few months ago•and this may be the reason for

that suggestion•in New York a number of naturalized citizens,

formerly nationals of Germany, were convicted of sabotage or under

the Espionage Act. If such a conviction is to be a ground for revocation of citizenship•and we don't say that it should not, for the

protection of our own democracy•then that conviction should apply

in the same way, as a like penalty to native-born citizens as much as

to naturalized citizens.

Our point there is that there should be no difference; that if a

definite act is to be made an additional cause of revocation of citizenship, that additional act and the penalty should apply to all persons

who are citizens.

69296•42 4
22 TO AMEND THE NATIONALITY ACT OF 19 40

If I may take the act in the other aspect, what would be the effect•

though we have a great majority of our naturalized citizens who are

loyal to the United States, and 1 think there is no doubt in the minds

of Congress that that characterization is true of the tremendous

majority of naturalized citizens, they are loyal to the United States;

and, if at all, only a very small proportion of them who are not•

but what would be the effect of this act, if passed, upon these loyal

American citizens? It would defeat, we submit, the very purpose of

naturalization, which is to make these persons whom the United States

has admitted as citizens at home in our institutions, with all the rights

which are given to citizens, not only for the benefit of the individuals

but for the benefit of the rest of us. It would largely revoke those

rights of free speech and free assembly, because no naturalized person

could feel that he could freely express himself upon any international

problem without risking that in some time of emergency, some time

of excitement, this amendment, if passed, would be invoked to revoke

his naturalization•his most prized possession.

Let me be concrete and take some possible specific instances: An

Englishman who has become naturalized may in some discussion

with to criticize the Government for not giving more aid to England,

and wish to criticize the Government as an American citizen; yet he

would be stultified in the free expression of his views because such

criticism might be construed as a violation of this act. Or take another

example, a naturalized German who came over before Hitler, at the

beginning of the Hitler regime to find the refuge which our shores

offer and he has become a good American citizen. When this war is

over•and, as we confidently expect, we are victorious•the question

of the kind of peace we want will come up, and that is a question in

whicli all citizens are expected and wanted to give their views, because

only out of a free discussion can we establish any true faith in our

democracy. And the question comes up whether Germany should

be crushed as far as possible and deprived of maintaining economy

and substance on the one hand, or on the other hand given access to

certain resources, natural resources, and to try or an attempt be made

to set up Germany as a useful member of the society of nations.

That question may be discussed. Is a naturalized German to bo

prevented from expressing his views on that question, if they are in

favor of a more liberal treatment of Germany, because he happens

to be a naturalized rather than a native-born citizen? And those

examples could be multiplied.

There is a double harm in it, we submit, not only in the restriction of free speech among the naturalized citizens, but in the introduction into our whole system of government of an attitude which

deliberately suppresses free speech. Because all of us as citizens are

entitled to hear, as much as we are entitled to speak. The Bill of

Rights is two-edged; that is, for those who wish to speak and those

who wish to listen. Fundamentally, of course, is a recognition of the

great constitutional policy of free speech and free assembly for all.

And this act, we submit, would be the greatest blow at the very kind

of free speech, the very essence of free speech for which we are fighting. Thank you.

Senator MALONEY. Thank you very much, Mr. Oppenheimer.

Mr. FINERTY. Before Mr. Oppenheimer concludes his testimony,

could I speak to him?

Senator MALONEY. Yes; surely.
TO AMEND THE NATIONALITY ACT OF 1940 23

Mr. FINERTY (after conferring). Thank you very much.

Senator MALONEY. Thank you, Mr. Finerty and Mr. Oppenheimer.

I would like to say for the benefit of those here that it is my intention to close this hearing shortly before 12 o'clock. There are some

important matters to come np in the Senate and I expect all members

will want to be there. We will meet again tomorrow unless the

subcommittee objects.

We can, it seems to me, briefly hear someone else now. How

much time to you intend to take?

Mr. FLEISCHMAN. About 5 minutes.

STATEMENT OF ERNEST FLEISCHMAN, ATTORNEY, NEW YORK

CITY, REPRESENTING WORKERS DEFENSE LEAGUE

Mr. FLEISCHMAN. My name is Ernest Fleischman. I am an

attorney, at 305 Broadway, New York City. I represent the Workers

Defense League, and since this is the first time this league has appeared

before this particular Senate committee, I want to identify it. It is a

national nonpartisan organization in defense of labor's rights.

Of course, many people would immediately say, "Well, maybe it is

a communist organization." I want to put it on record that it is

not, and I will submit a copy of the talk I will give and on the back

of the first page is a 1 st of the board of directors and the members of

the national executive board. I may also state that Mr. Finerty,

who spoke before, is appearing for the Workers Defense League in one

particular case, and since he is well known as being opopsed to communism and the Communist Party, I hope that will sufficiently

identify the character of the organization.

I appear on behalf of the Workers Defense League, a national

nonpartisan membership organization dedicated to the defense of

labor's rights.

The Workers Defense League urges the deletion of section 8 from

H. R. 6250. Said section provides that any naturalized citizen may

have his citizenship canceled at any time if it is proved that "his

utterances, writings, actions, or course of conduct establishes that his

political allegiance is to a foreign state or sovereignty." The objections to this bill are numerous, but I will stress only the dangers of

this bill as it affects labor's rights in the United States.

There are over 10,000,000 naturalized citizens in the United States,

and it is common knowledge that most of them have entered the ranks

of labor and depend upon their continued employment for a livelihood.

The recent phenomenal expansion of the Government's personnel,

together with the growth of our defense industry and the further

requirements for licenses in many trades and professions, has made

citizenship an indispensable requirement for many types of employment.

Senator HOLMAN. May I interpose a question? I am interested in

your statement of more than 10,000,000 aliens in this country. And

my question is; is that the census? What is your authority for that?

Mr. FLEISCHMAN. The World Almanac of J942.

A noncitizen finds his field of employment restricted as never before,

and when he has devoted himself to the acquisition of certain skills,

the revocation of his citizenship will literally take away his opportunity of earning a livelihood. Thus a threat to revoke his citizenship

would be as powerful a weapon as the threat of a revocation of a work
24 TO AMEND THE NATIONALITY ACT OF 1940

card in Germany, Italy, or Russia. I need not labor the fact that

where this tin-eat hangs over the head of a person he will long consider before he will exercise those basic civil and labor rights accorded

him under the laws of the Constitutions of the United States and the

several States.

Labor's rights, as differentiated from civil rights, are the rights of

labor to organize and bargain collectively, yet in reality they are only

an extension of our civil liberties. And there is a definite relation

between the two; where labor's rights are denied, civil rights are also

limited. The Bill of Rights grants those same rights to citizens when

as workers they seek to hold organizing committees, print and distribute leaflets, select unions of their own choice, and bargain collectively. To deny these rights closes peaceful avenues for adjusting

differences. In times of national emergency this is of greater importance than ever before. Were this bill to be passed, the enemies

of labor would quickly grasp upon this section of the bill and by

threats of denunciation effectively silence any person who wishes to

exercise these lawful rights. Who among us is so brave as to gamble

with his future, knowing that his conduct may condemn him and his

family to perpetual unemployment?

Another objection to this bill is that it is vaguely worded

Senator HOLMAN. YOU used another expression that I wonder what

your authority is: Who are the enemies of labor?

Mr. FLEISCHMAN. Well, the recent committee

Senator HOLMAN. AS far as I know, the American people are laboring people who spring from the hewers of wood and the drawers of

water, and I don't know of any class or group that are known as

enemies of labor. Now, you just be specific.

Mr. FLEISCHMAN. May I refer you, Senator, to the hearings of the

La Follette committee on unfair labor practices, in which there are

volumes and volumes of testimony concerning acts of sabotage,

violence, and so forth, to compel or prevent or coerce the labor people

from exercising their rights under the laws.

Returning to my second objection to this bill; namely, that it is

vaguely worded, even so it is not effective in correcting the evils it

aims at. A naturalized citizen who advocates doctrines repugnant

to democracy but fails to associate himself with any foreign state

cannot be punished under this section.

Now suppose Fritz Kuhn, for example, says he is in favor of fascism?

Senator HOLMAN. Who is he?

Mr. FLEISCHMAN. He is the gentleman who is in jail now, I think on

some technical charge of violation of the law in doing away with funds;

but he is a known Fascist.

Senator HOLMAN. He is no friend of mine; I don't know him.

Mr. FLEISCHMAN. If this man expressed a doctrine in favor of

naziism or fascism but does not associate himself with Germany or

any political country, he could not be prosecuted under the law.

In the same way, any sympathy expressed for a foreign state,

including England, Sweden, or Canada, can be construed as grounds

for the revocation or cancelation of citizenship under the law. In

normal times this bill would open the door to prejudicial interpretation, but in these times it would be seized upon by enemies of civil

and labor rights as the weapon par excellence.

Still a third objection is that this bill creates classes of citizenship.

We have all been taught that there is an equality under the laws of
TO AMEND THE NATIONALITY ACT OF 1940 25

the United States for all citizens, whether native or naturalized. In

fact, the only disability to naturalized citizens is that one must be

native-born to become President of the United States. This bill

directly borrows from Fascist teachings and, as in Germany, creates

two classes of citizens. Whereas the native citizen can be prosecuted

for unlawful acts, described in detail, the naturalized citizen can in

addition be threatened with the loss of his citizenship for conduct

vaguely defined. This is repugnant to our conception of democracy.

In view of these pertinent objections, and with the sincere effort to

defend democracy with the United States, the Workers Defense League

urges the deletion of section 8 from H. R. 6250.

Thank you.

Senator MALONEY. Thank you very much.

Mr. FLEISCHMAN. May I leave this copy?

(The copy referred to of the statement was fded with the committee.)

Senator MALONEY. The Committee is about to recess until tomorrow.

Senator HOLMAN. Before you recess, I have something to submit

Senator MALONEY. Just a moment, Senator. Mr. Luigi Criscuolo

desires to be heard briefly, and after he has concluded the committee

will recess until 10 o'clock tomorrow morning.

Senator HOLMAN. Prior to my being able to put this in the record?

Senator MALONEY. Oh, no, Senator Holman; you may put anything you want in the record. I made the announcement because I

am going to the Senate right away.

Senator HOLMAN. YOU say immediately upon his statement you

are going to adjourn, and I want to put this in the record.

Senator MALONEY. YOU can put anything you desire in the record.

STATEMENT OF LUIGI CRISCUOLO, NEW YORK CITY

Mr. CRISCUOLO. Mr. Chairman, my name is Luigi Criscuolo. I

want to place myself before this committee as an example of the person who might be affected by this legislation; that portion specifically

revoking the citizenship of a naturalized person by reason of something that he might have said over a period of years which in the light

of present events, in the light of our being in war, might look bad, but

which at the time was a perfectly legitimate and rational statement

to make.

I want to say that my father came to this country in 1880 and went

back to Italy, where I was born, and then came back, and I have lived

here since 1889 and have never been back to Italy, although I have

taken a great deal of interest in Italian-American relations. During

the Great War, I organized the first Liberty Loan Committee amongst

citizens of Italian origin, and that activity resulted in $850,000,000

worth of Liberty bonds being bought by Italians. I also was very

much interested in stimulating interest of Italian-Americans in the

war effort at that time, and in doing that I wrote a great many

articles on the subject, then and since.

At the time that Mussolini came into power, many of us, including

myself, welcomed the change because we thought Italy needed a firm

man to guide her through her troubles. And of course many of us wrote

some very•I won't say "glowing"•but very nice things about Italy

at the time. In 1926, when the Fascist organization took place, some

of us changed our position. I was among those who changed their
26 TO AMEND THE NATIONALITT ACT OF 1940

position and criticized the Fascist government very violently. And

then in 1934, when the violence had ceased, I said that from then on

if I could not say something good about Italy I wouldn't say anything.

But I do want to point out again that there are people besides myself who might be hurt by a law of this sort.

I am going to leave with the committee; it is too long to read but

I am going to leave with the committee an address before the Foreign

Policy Association made by Otto H. Kahn, which Mr. Kahn sent to

me under date of November 4, 1926. It was an address he delivered

before the Foreign Policy Association January 23, 1926. In that

address he made the most glowing statements about what he thought

about fascism.

Now Mr. Kahn was born in Germany and became a British subject

before he became an American citizen and he lived and had been in

Italy and knew a lot of Italians here, and he was quite an objective

speaker also on matters of this sort. He said, and I want to quote

this short part:

In formulating judgment on Fascismo, two things should be kept in mind:

First, it so happens that Italy is inhabited by Italians and not by Americans or

Britishers, and what applies and appeals to us need not necessarily apply and

appeal to them; secondly, in the case of every people, more essential even than

liberty, and therefore taking precedence over it, is order and national self-preservation, actual and spiritual. Indeed, true liberty is impossible unless there is

order and an adequately functioning government.

And later on he says:

To anyone who knew Italy then, the change which came over the country with

the advent of Mussolini, is little short of miraculous.

And he goes on that way all the way through. He says:

I am convinced that Mussolini is no passing phenomenon but that the spirit

which long must have been latent among the Italian people and which he and

his associates have mobilized and called into action, has roots so deep in the national consciousness and aspirations and especially is so ardent in the minds and

souls of the youth of the country that even if he were no longer there to guide

and express it, it would still assert itself and be a potent force.

And the last thing I want to quote here:

Mussolini found a people, whose past had been glorious, faltering and failing

under the weight of the present. Equipped with nothing but the genius of his

brain, the force of his character, and the ardor of his patriotism, he, with a handful

of comrades, flung himself against that sinister portent and set the Italian nation

once more upon the highroad to national achievement. That is a towering feat;

and being, as I freely profess myself to be, a worshipper of greatness in all its

manifestations, I bow in homage before the man who encompassed it.

Now, the subject of this correspondence was a pamphlet which I

published at the time in which I jumped the Italians for what was

going on and said I did not like fascism. I will not read that but I

will leave it so the committee can get an idea of just how I felt. I

haven't got it here, but will give it to you later.

(The speeches and pamphlets referred to are on file with the

committee.)

Then, having clone that, I would like to leave with this committee a

speech by a Member of Congress, made in Congress on Thursday,

January 14, 1926, by the Honorable Sol Bloom. Mr. Bloom, as you

know, is also a naturalized citizen, and of considerable distinction; he

is the chairman of the Foreign Relations Committee of the House. He

went to Italy back in 1919 with his daughter, when Mussolini did not

exist as a leader, and he got a passport to go to Fiume and received

certain information and his daughter wrote an article on the subject.
TO AMEND THE NATIONALITY ACT OF 1940 27

In this speech you will find something that, with all due respect to

Mr. Bloom, I believe he wishes he had not said. Because these

"chickens come home to roost," and it is a most favorable side about

Mr. Mussolini, as you will find by reading it.

Now, mind you, I am not saying Mussolini has not done a great

many things for Italy.

In 1934 I decided mavbe I was wrong and that numerous Americans

at that time, Thomas Lamont, Otto Kahn, and Thomas J. Watson,

all very prominent American leaders, must know more about Italy

than I knew and must have known more about Italian psychology

than I knew; so I decided maybe I had better soft-pedal my opinions

on that. So I wrote an article in the New York Times in November

1934, from which I want to read just one paragraph:

He who writes was an open supporter of Mussolini from 1922 to 1926. In 1926

he criticised certain objectionable phases of Fascist policy, particularly the

muzzling of the press and the extention of propaganda to the United States

through the Fascist League of North America. The writer was for years a personal correspondent of ex-Premier Nitti and was in great part responsible for the

visit to the United States of the ex-Premier's son, Dr. Vincenzo N'itti, on a lecture

tour in 1927. As time went on it became evident that the constitutional group

headed by Nitti, Sforza and others could not accomplish anything by their

speeches and writings abroad. I wrote Signor Nitti that I and other friends of

his felt he should return to Italy to collaborate with Mussolini. I had good reason

to believe that his great financial experience would have given him a portfolio in

which he could have been useful. Nitti wrote me that he would never return to

Italy while fascism was in power. That attitude is characteristic of many opponents of Mussolini who would not return to help save their country unless they

led the rescuing squad.

I went on to say as a footnote that I felt that if that sort of people

went back ot Italy, they might make a mistake, and that this sentiment would not hasten any different policies.

Senator HOLMAN. I apologize to the witness. I have got to go to

the Senate. I am very much interested in your presentation, as I

have been in the presentations of the former witnesses. I would like

to have been able to remain to have heard it all.

Mr. CRISCUOLO. I am going to continue this in the record. If I

may, I would like to continue it a few minutes, and it will be in the

record.

Senator HOLMAN. Thank you very much.

Mr. CRISCUOLO. NOW, at the end of my little article I said:

I therefore decided that in the future, if I could not say good of Italy, I would

say nothing•particularly to Americans•and I would hope that some good could

come out of fascism, for the sake of Italy. This attitude might be followed

profitably by Americans of Italian origin. We should leave Italy's destiny to

Italian subjects who are in Italy fighting in the front lines to maintain European

civilization against onslaughts from Asiatic barbarians.

Now, I have not got very much more to say, excepting this, that

Mr. Otto Kahn and Congressman Sol Bloom were both decorated by

Mussolini. I was never decorated by Mussolini, because I maintain

myself absolutely freo of any entangling alliances and because I did

not feel it was fitting when I was criticizing the government and I

wanted to keep myself a free agent and have succeeded in doing so.

And not one word of criticism has been made anywhere during this

time from 1934 up to the present time.

Now, my objection to this bill lies in this fact, that not only myself•

I could defend myself•but Mr. Kahn and Mr. Bloom might some

day find themselves confronted•we might have a different kind of
28 TO AMEND THE NATIONALITY ACT OF 1940

government in this country and might have a different set-up; I mean,

different Senators and Congressmen who might not agree with a lot

of things•and somehody might fish out this statement of Mr. Bloom's.

Of course they could not do anything with Otto Kahn; he is dead.

They might fish out this statement of Sol Bloom's and say, "You are

a great friend of Mussolini's, and you have a fifth-column activity

right here in the United States for him, and therefore we question

what you are saying. You are talking about a new treaty and we

think you are leaning toward Italy, or somebody else. Therefore, we

are going to propose your citizenship be revoked, because we don't

think you are a friend of the United States."

For that reason I cannot see why section 8 should be placed in the

bill. It is veiy easy just to talk about the attitude and what somebody said years ago being harmless. But these things have a way

of "coming home to roost."

But it is my belief that there are enough laws on the statute books

today which provide for remedies or punishment for treason, and

I don't think we should pour it on and repeat the sort of policy they

have in despotic countries in Europe. I think if anybody is committing any crime or any infraction of any law, that there are sufficient laws on the statute books to punish that person, and I don't

think we ought to go "witch-hunting". And I don't think we ought

to deprive the people of the Bill of Rights, as one gentleman said

before; the right not only to speak, but the right of the people fully

to be heard.

I would regret very much ever having been brought to this country

if I did not feel that my parents in coming here brought me to a country

which was a little different. I am told that my family in Italy has the

background of at least a thousand years of achievement in every phase

of government, and really there was no reason why they should have

come here excepting moral reasons. For that reason I would regret

very much to see in this country, influenced by hysteria and influenced

by a hat red of one group toward another, influenced by people who at

one time liked fascism but who were mistaken and when Mr. Mussolini

alined himself with Hitler are against fascism for that particular

reason•that such a thing would be done on the statements of people

who would like to forget some of the things they said in 1926, when

events were only beginning.

I think that is all I want to say, but in saying what I have said I am

speaking only for myself. I am not retained by anybody in connection

with this•in fact, we have been retained by the Federal Government.

And, as I said. I have never received any favor from Mr. Mussolini.

But I know that in speaking: that I speak for a great many loyal

Americans of Italian origin all over the country.

I want to thank you and the committee for permitting me to appear.

Senator BALL (acting chairman). Maybe you better give your home

address for the record.

Mr. CRISCUOLO. Yes; I will give my address. It is 12 East Eightyseventh Street, New York, and my office address is 25 Broadway,

New York.

Senator BALL. The committee will adjourn until 10 o'clock tomorrow.

(Whereupon, at 12:10 p. m. the hearing was adjourned to Wednesday, February 18, 1942, at 10 a. m.)
TO AMEND THE NATIONALITY ACT OF 1940

WEDNESDAY, FEBRUARY 18, 1942

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON IMMIGRATION,

Washington, D. C

The subcommittee, consisting of Senators Maloney, Herring, and

Ball, met pursuant to adjournment, at 10 a. m., Hon. Francis Maloney

(chairman) presiding.

Present: Senators Maloney (chairman) and Ball.

Senator MALONEY. Mr. Holtzoff, do you want to make a statement?

STATEMENT OF ALEXANDER HOLTZOFF, SPECIAL ASSISTANT TO

THE ATTORNEY GENERAL

Senator MALONEY. All right; you may proceed. Please give your

full name and title to the reporter.

Mr. HOLTZOFF. Senator, I presume that the best way for me to

proceed, unless you prefer that I should proceed in some other way,

would be to summarize very briefly and very succinctly the purport

of each section of the bill.

Senator MALONEY. I would like to have you do that. And will

you give your name and title for the record.

Mr. HOLTZOFF. Alexander Holtzoff, special assistant to the Attorney General.

Many of the sections of the bill contain only minor amendments

of the Nationality Act of 1940. One or two of the sections contain

some substantial changes, that go to the substance.

Section 1 is an amendment to the naturalization provisions of the

Nationality Act and is intended to ameliorate the difficulties with

which members of the military and naval forces are at times confronted. This section would exempt members of the military and

naval forces from the requirement of 6 months' residence in the State

in which the petition for naturalization is filed.

The reason for that exemption appears to be obvious, because, men

in the militanrand naval forces are frequently shifted around and they

find on occasion difficulties in conforming to the residence requirements.

The second provision of that section would simplify the naturalization proceedings of soldiers and sailors by permitting the petition for

naturalization to be filed in any naturalization court regardless of the

place of residence of the applicant; and permits an immediate hearing

on such application.

Senator BALL. Have you any idea how many aliens are affected by

that provision?

29

69206•42 5
30 TO AMEND THE NATIONALITY ACT OF 194 0

Mr. HOLTZOFF. I don't know. I wonder if you have an estimate,

Mr. Shoemaker?

Mr. SHOEMAKER. I could not give you any definite estimate, but

there arc a considerable number of aliens in the armed forces who

would be affected. Now, that applies particularly to those in the

military, as differentiated from the naval.

Mr. HOLTZOFF. There are quite a number of men who have taken

out their first papers.

Senator BALL. Aliens were not subject to the draft, until this last

amendment.

Mr. HOLTZOFF. Well, those aliens who have taken out their first

papers are subject to the draft; are they not?

Senator BALL. Well, they are now. Any alien is now.

. Mr. HOLTZOFF. Yes; but all aliens who have taken out their first

papers were subject to the draft, in the beginning.

Senator BALL. Were they?

Mr. HOLTZOFF. And this would facilitate their getting their final

papers.

Senator BALL. Yes.

Mr. HOLTZOFF. Now, section 2 proposes to change only one word

in the existing law on page 2, line 16. The existing law uses the word

"residence," "whose residence abroad"; and the bill proposes to strike

out the word "residence" and substitute the word "absence" to make

it "absence abroad".

The provision relates to an alien residing in this country who goes

abroad for a temporary visit, and prescribes the conditions under

which such a temporary absence abroad may be counted as part of

his 5 years' residence which is a necessary qualification for naturalization. And the only change that the bill makes, as I said a moment

ago, is to change the phrase "residence abroad" to "absence abroad,"

so it would not be necessary to show that he is actually a resident of

a foreign country if he goes on a temporary visit.

Senator MALONEY. Would he have to maintain a home in this

country to qualify?

Mr. HOLTZOFF. NO; he has to be permanently a resident of this

country, and would require a domicile but not a physical place of

abode.

Section 3 would make an important change in the Naturalization

Act. It is intended for the purpose of ameliorating the situation in

which many elderly aliens find themselves who have lived here for a

great many years and who are unable to become citizens because they

cannot comply with the educational tests. There are quite a number

of aliens in that position, and this would permit any alien who is 50

years of age or over and who has lived in this country continuously

since prior to July 1, 1924, to become naturalized without complying

with the educational requirements; provided, of course, he is otherwise

eligible.

1 tiiink this will open up citizenship to a great many worthy people

who would make very good American citizens, who are loyal and

patriotic Americans today, but who cannot become naturalized because they are unable to meet the educational test and they are too old

to learn.

Senator MALONEY. Some people feel that that is making American

citizenship pretty cheap, Mr. Holtzoff?
TO AMEND THE NATIONALITY ACT OF 1940 31

Mr. HOLTZOFF. Well, of course that is a matter of policy and judgment for the Congress to determine. I venture this suggestion, that

I do not think anything should be done to make American citizenship

cheap. American citizenship is one of the greatest gifts, the greatest

privileges that any man can have.

I do suggest this, however, that if you have a person who has lived

in this country a great many years•this would require residence for

over 17 years•he has passed the time of life where he could learn to

read and write, and yet, if he is perfectly loyal to our form of government, loyal to this country, the fact that he is unable to meet the

literacy test does not make him any the worse subject for naturalization than he would be if he could meet the test.

Senator BALL. Why? It seems to me he is in kind of a tough

literacy spot in trying to vote on the complex issues we have, in elections today if he cannot read or write or speak or understand English

and cannot meet the educational requirements for naturalization.

Mr. HOLTZOFF. Of course he is at a great disadvantage; I don't

believe anyone can successfully controvert that. On the other hand,

he may be perfectly loyal to our form of government, perfectly loyal

to democracy and loyal to American ideals.

Senator BALL. Well, we need something more than just loyalty

today, I think, and we have for the last 8 years. That is one reason

we are in this mess.

Mr. HOLTZOFF. Don't you think loyalty is a primary consideration?

I should not be answering your question with a question of my own,

I know.

Senator BALL. Just being loyal doesn't mean being a citizen

today, and has not for the last 8 years, in mv opinion. I think we

have gotten into a lot of trouble because people have not taken their

duties as citizens seriously enough, and haven't thought about the

issues we are up against enough.

Mr. HOLTZOFF. Well, I don't believe, Senator, that anyone can

successfully controvert what you have just now said. Of course, I

venture this suggestion, if I may, that sometimes the more educated

person may not be substantially as solid and reliable a citizen as a

person of less education. Education is, of course, n means to an end,

very often a means to an end.

Senator BALL. Well, there are exceptions all the time, but on the

whole a person who can read and write and has a minimum of educational background is more likely to be a good citizen than one who has

not.

Mr. HOLTZOFF. He is more likely to have the advantages of knowledge of the issues, as you have said. Of course, many people misuse

their educational advantages.

Senator BALL. Oh, yes. I can see where it would be nice for these

people to become citizens.

Mr. HOLTZOFF. Yes.

Senator BALL. But I am trying to think of what the effect on the

country is going to be; whether it is a good thing for the United

States.

Mr. HOLTZOFF. I am wondering whether there is not an advantage

to the United States, and 1 think the Department had this advantage

in mind, that if these people are loyal•and of course, we would

eliminate by investigation anyone who is not•would it not be better
32 TO AMEND THE NATIONALITY ACT OF 1940

for this country that they should be full-fledged citizens, than that

they should permanently remain in the status of alienage, although

their permanent residence is here and they expect to spend their

lives here and are good Americans in spirit and want to continue to be.

That is the thought that was back of the recommendation. It is for

you Senators to determine whether the thought is valid or not.

Senator MALONEY. Will you tell us whether the suggestion or idea

originated recently, or is it something that has been considered for a

long time?

Mr. HOLTZOFF. This has been considered for a long time. There

have been bdls in the House, I think, along the same lines. I am

under the impression that once or twice the House passed some bills

along this line.

Senator MALONEY. Do you know whether, insofar as this bill is

concerned, it originated in the Department of Justice, or whether it is a

congressional suggestion?

Mr. HOLTZOFF. This bill originated

Senator MALONEY. I mean, this section of the bill?

Mr. HOLTZOFF. This section of the bill, I think, originally originated

in the House of Representatives. This bill itself, in its present form,

was indeed drafted in the Department, and in drafting it in the

Department there was included this section which had for a number of

years been urged in the House of Representatives.

Senator MALONEY. SO that the Department recommends it now?

Wants it and recommends it?

Mr. HOLTZOFF. Yes; it does.

Senator MALONEY. Do you know offhand what peculiar and special

advantages this section of the bill, if enacted into law, gives to these

people who are not now citizens, but could qualify thereunder?

Mr. HOLTZOFF. Well, specifically, of course they would have all the

rights of citizenship; they would have rights of suffrage

Senator MALONEY. I mean, what peculiar advantages? I think

that is the word I used.

Mr. HOLTZOFF. Yes. Well, of course, there are certain employments that are closed to aliens, and if they could become citizens

they would no longer be barred from those appointments.

Senator MALONEY. Are they barred by law from those appointments now?

Mr. HOLTZOFF. Yes. And there is a statute, which bars aliens from

certain types of defense contracts except with the consent of the head

of the Department or agency which has placed the contract.

Senator MALONEY. That is the law?

Mr. HOLTZOFF. That is the law.

Senator MALONEY. Then it permits, of course, as I understand it,

several people to qualify for certain other privileges, such as pensions,

and so forth?

Mr. HOLTZOFF. Yes; Government employment, old-age pensions,

and certain other privileges of that type.

Senator MALONEY. Thank you. Please go ahead.

Mr. HOLTZOFF. Before I pass on to the next section, I would like,

with your permission, to have Mr. Shoemaker say a word on this

section, because this is a matter with wliich he is very familiar.

Senator MALONEY. I would be pleased if he would.
TO AMEND THE NATIONALITY ACT OF 194 0 33

STATEMENT OF THOMAS B. SHOEMAKER, DEPUTY COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

Senator MALONEY. Please fully identify yourself for the record

Mr. Shoemaker.

Mr. SHOEMAKER. Thomas B. Shoemaker, Deputy Commissioner,

Immigration and Naturalization Service.

I think, in answer particularly to the question you ask as to the

peculiar advantages to persons concerned which would accrue to the

persons concerned, it was represented to us by more than ono Congressman, and by many welfare workers as well, that persons who are

covered by this clause are in the position of being looked down upon

by their own people, their own children. They are people who came

here years ago and worked hard to gain a competence, and after they

had gained a few dollars the education of their children to their minds

was foremost, and they went ahead to educate them. Some of the

children, when they secured such education, were inclined, not necessarily showing such a fact, but mentally they said they felt that the

parents were looked down upon by the children, and they thought it

would be an excellent idea to give the parents an opportunity to become citizens and recognize them. That those parents, by reason of

the fact they never have had any education, never been schooled in

trying to secure a better mentality, would be unable to acquire these

facts insofar as knowledge of the Government and the principles of

civic organization are concerned. Therefore, they felt they should

not remain neither "fish nor fowl," and they should be given an opportunity to acquire American citizenship. Primarily because they expected to remain here the rest of their lives, and there was no particular reason why we could anticipate in all the days to come that

they would ever acquire any knowledge sufficient to pass these tests

which are applied to an applicant for citizenship.

Many of the courts themselves felt so inclined, and have so expressed themselves to our men.

Senator MALONEY. You have had a long-time experience in this

field, Mr. Shoemaker?

Mr. SHOEMAKER. Yes.

Senator MALONEY. And you feel it is a wise move?

Mr. SHOEMAKER. I think it would in a way be of advantage to

the country.

Senator MALONEY. I have noted some cases which for sentimental

reasons prompt me to feel very sympathetic. I read recently of a

?lan to move certain aliens out of certain areas in California. And

think I read hi Time, last week, of one man of Italian extraction,

not a citizen, who was being compelled or likely to be compelled to

abandon his farm; and he had a son in the Army, a son in the Navy,

perhaps a son in the Marine Corps, and a daughter in the Red Cross.

Is that in part the sort of situation that first prompts your feeling

in this matter?

Mr. SHOEMAKER. That is not the first. It is primarily, in my

mind, a unity of the peoples here. In other words, I have felt•and

that has been induced by the facts which have been communicated to

me by those in that line, particularly coming from the welfare workers

and people looking after Americanization generally•that if you have
34 TO AMEND THE NATIONALITY ACT OF 1940

people, such for instance as those you refer to, who must move back

out of restricted zones, you have people who are likely to have a

wrong feeling about America and feel they are being discriminated

against and not on the same plane as other people, and they are

being looked down upon by everyone with whom they come into

contact, particularly their own children.

Senator MALONEY. Of course, I think I can see some danger in the

plan, unless the Government is extremely careful.

Mr. HOLTZOFF. I might say this, that every applicant for naturalization is very carefully investigated.

Senator MALONEY. How can you be sure of that, Mr. Holtzoff?

Mr. HOLTZOFF. Oh, well, you cannot be 100 percent sure, of course,

Senator; but the Immigration and Naturalization Service very carefully investigates every applicant for naturalization. In addition to

subjecting him to cross-examination, there is a preliminary investigation made of him. Undoubtedly, sometimes the investigation might

not disclose facts that are detrimental to the alien, but on the whole

I think they weed the applicants out pretty thoroughly.

Senator MALONEY. Would that be true under such a bill as this?

How many people would be affected by this; do you know, Mr.

Holtzoff, or do you know, Mr. Shoemaker?

Mr. SHOEMAKER. NO. There have been figures, just simply

throwing one figure at another. Some have estimated as many as

300,000.

Senator BALL. Where would they be?

Mr. SHOEMAKER. Primarily in industrial cities.

Senator MALONEY. 300,000?

Mr. SHOEMAKER. Yes.

Senator MALONEY. We have had many protests on this particular

legislation, and more, by the way, than we have had on section 8,

which up to now has been the target of criticism. It seemed to me

I had a communication from someone in my State saying there

were 75,000 in Connecticut alone. I wonder if that is possible?

Mr. SHOEMAKER. I think it is possible. Of course, it is more or

less throwing one figure at another. You take out in California, I

have been all over California and have met many people out there on

the shores who are people who will possibly proceed under this clause.

And I think those people could be good workers for the Government

if they were given the opportunity. And the fact that they come

from enemy countries does not necessarily mean they are enemies.

Mr. HOLTZOFF. Of course, if that section is enacted, every one of

this group who makes application will have to be subjected to investigation before the application is granted. That is the usual

process with all applications for naturalization today.

Senator BALL. Well, would these people that would come under

this be residents of these very tight little foreign communities in

cities, largely, or are they scattered throughout?

Mr. SHOEMAKER. I should think more likely they would be in the

larger industrial centers, in what you call the tightlittle spots.

Mr. HOLTZOFF. I think you find them in New York, Chicago, and

some of the cities of Pennsylvania.

Senator BALL. Where they have sections which arc entirely Italian

or German or Swedish•not so much Swedish. But I know in

Minnesota we have them where one boarding house woidd be Lithuanian, and another one Hungarian and another one Montenegran.
TO AMEND THE NATIONALITY ACT OF 1940 35

Mr. SHOEMAKER. I think you would have quite a few of them that

enter into those places.

Senator MALONEY. I don't want to delay you

Mr. HOLTZOFF. Shall I proceed with the next suggestion?

Senator MALONEY (continuing). But I want to make this suggestion: Before the hearings are closed I am going to ask unanimous

consent, and I am now granting myself unanimous consent, to put

in the record various communications referring to this particular

subject. And it is my thought, if the other members of the subcommittee agree, that we will publish the hearings and make them available to the members of the entire committee.

I think you might note many of these protests and perhaps be

prepared, when Senator Russell decides to call a meeting of the entire

committee, to discuss this further.

Mr. HOLTZOFF. Yes.

Senator MALONEY. Some of them go into some detail. And all of

us had a lengthy telegram this morning from the American Legion

protesting on this particular section of the bill, and a number of

educational groups and patriotic societies have registered protests by

way of letter or telegram or brief. I think it would be wise to include

those in the hearing.

You may proceed, Mr. Holtzoff.

Mr. HOLTZOFF. Section 4 represents the existing law, and proposes

merely to change a date in existing law. In line 16 on page 3, in existing law the date of July 1, 1920, and the bill proposes to change it

to July 1, 1925. Otherwise, the rest of the section is existing law.

This section of existing law relates to the situation of a person who

has been in this country for a great many years and was qualified to

become a citizen, but was sincerely laboring under the understanding

that he was a citizen and who erroneously exercised the rights of a

citizen, and who later on discovered that actually he was not a citizen.

This section of the law permits a short-cut naturalization, so to

speak, for that type of person. Under existing law they have had to

be residents of this country for 5 years prior to July 1, 1920; and the

only amendment that the bill would make in the existing law would

be to move up the date from July 1, 1920, to July 1, 1925.

It affects especially some women, because prior to the enactment of

the Cable Act in 1922 the women followed the citizenship of their

husbands, and now they have their own citizenship status.

Section 5 just corrects, or clarifies rather, the phraseology of existing law. It inserts in line 9, page 4, the words "subsection (b) of."

The existing law provides "authorized by this section," and the bill

would make the existing law more accurate by providing "authorized

by subsection (b) of this section." I think that is just a stylistic

correction.

Now, section 6 of the bill proposes to make a correction of what is

a patent error in the Nationality Act. In line 17, the words "seven

years" is "ten years" in existing law. In existing law there is one

section which provides, in effect, that the life of a declaration of intention is to be 7 years, and in this section by some mistake, evidently

inadvertent, it provides for 10 years. And in order to make that correction, this section of the bill would change "ten years" to "seven

years."

The next section relates to the period of hearings, the time of

hearings on petitions for naturalization. Under the Nationality Act
36 TO AMEND THE NATIONALITY ACT OF 1940

of 1940, it is provided that no petition for naturalization may be heard

within 60 days preceding the holding of any general election, within

the jurisdiction of the naturalization court. The bdl proposes to

change the 60-day period to a 30-day period, and in that respect to

restore the law as it existed prior to 1940. It has been found that the

60-day period is too long in actual practice.

Now, section .8 is a section concerning which I understand some

testimony has been given yesterday. When I complete my testimony

I would ask the privilege of Mr. Smith being heard on this section,

because he is particularly interested in it. However, I want to summarize it very briefly.

It would establish an additional ground for cancelation of naturalization; namely, if the utterances, writings, actions or course of conduct

of a naturalized citizen establishes that his political allegiance is to a

foreign State or sovereignty, that fact should be a ground for canceling

his certificate of naturalization.

1 might say this, if I may, in this connection: Under existing law

a certificate of naturalization can be canceled for fraud, and the courts

have held that if it can be shown by intrinsic evidence, statements of

the applicant and his conduct, that he took the oath with reservations,

that his state of mind at the time he took the oath was that he was

doing it without intending to live up to it, and that he actually was

retaining his allegiance to a foreign country; those facts constitute

fraud, and they are sufficient to warrant the cancelation of the certificate of naturalization. Now, that is the existing law.

The only change that this section 8 would make would be that it

would no longer be necessary to establish that this state ol mind

existed at the time that the applicant took his oath of allegiance.

That fact is sometimes difficult to establish. If it can be shown by

his course of conduct or by his utterances at the time the proceeding

is tried, that actually his real allegiance is to a foreign state, that

proof would be sufficient to warrant his being deprived of his citizenship.

Now, I want to call attention to this fact: When the bill was first

introduced, as drafted in the Department of Justice, this section did

not have the words in it, "utterances, writings, actions, or course of";

it read as follows: "or on the ground that this conduct establishes that

his political allegiance is to a foreign state or sovereignty." On the

floor of the House the words "utterances, writings, actions, or course

of" were inserted.

I would like to pass this and leave to Mr. Smith to enlarge upon

this section, if I may.

Now, section 9 refers to service of papers, service of process in

actions brought by the Government to cancel a certificate of naturalization. Under existing law the defendant in such action has 60 days

to answer the petition or the complaint. This section would cut

down the time to 30 days in time of war if the process is served on

the defendant personally in the continental United States. The

purpose of this provision is to permit expedition in proceedings to

cancel naturalization.

Senator MALONET. Why does it make so much difference, as to

whether or not it is 30 days or 60 days?

Mr. HOLTZOFF. Well, it makes this difference, Senator: It makes it

possible to bring the proceeding to a head 1 month or 30 days quicker

than it otherwise would be possible to do so.
TO AMEND THE NATIONALITY ACT OF 194 0 37

If I may take a supposititious case by way of illustration, suppose

it appears that a particular naturalized citizen who happens to be

a subversive individual obtained his naturalization in such manner

that it is subject to cancelation. If his naturalization is canceled,

then he becomes an alien, and if he happens to be a citizen or a subject

of an enemy country he becomes an alien enemy and we can treat him

as an alien enemy and possibly detain him if he is a dangerous person.

It gives the Department of Justice an additional weapon against

subversive individuals.

Senator MALONEY. Only to the extent of 30 days.

Mr. HOLTZOFF. Oh, yes; yes.

Senator MALONEY. Well, now, if he is charged with a serious

offense he is going to be kept in custody during that period of time,

isn't he?

Mr. HOLTZOFF. Well, suppose he is not charged with any crime,

but suppose he is a subversive individual generally. If he is an

American citizen, he is not subject to incarceration. There is no way

of arresting an American citizen who is not charged with crime,

even though••

Senator MALONEY. It would seem to me any of the things he would

be charged with under this law would be a crime, would they not?

Mr. HOLTZOFF. Not necessarily. His conduct may be such as to

show that he is an Axis sympathizer, for example, taking a supposititious case. That in itself makes him dangerous, but does not constitute a crime.

Senator MALONEY. What would you charge him with at that point?

Mr. HOLTZOFF. You might bring a proceeding to cancel bis naturalization on the ground that Ids course of conduct establishes that his

political allegiance is to a foreign state or sovereignty. Now, if that

is established by evidence at the trial, by a preponderance of evidence,

at the trial, his naturalization may be canceled. That is not necessarily sufficient to sustain any criminal charge or even to warrant any

criminal prosecution.

Senator MALONEY. This section ties in with section 8, does it?

Mr. HOLTZOFF. It does, although it is broader. It applies to any

ground of cancelation of citizenship.

Senator BALL. Would not fraud in obtaining naturalization be a

criminal offense?

Mr. HOLTZOFF. I am sorry; I did not hear you.

Senator BALL. The other ground in the subsection under section 9

there is fraud in obtaining naturalization. Wouldn't that be a

criminal offense?

Mr. HOLTZOFF. Fraud in this sense, that if a person signed a

petition for naturalization containing false statements, undoubtedly

that would be a criminal offense. But suppose the fraud consisted in

the fact that the oath was not taken in all sincerity. I am not sure

that would be a criminal offense, although it would be ground for

canceling the certificate of naturalization.

Mr. SHOEMAKER. There are plenty of cases•if I may interrupt

just a minute•there are plenty of cases where individuals have been

naturalized years ago and as to whom later it is manifest that they did

not take the oath in good faith; and the statute of limitations has run

against any criminal prosecution. In those cases it would be better

to divest them of their status as quickly as we can, in order to take

60296•42 0
• "I

38 TO AMEND THE NATIONALITY ACT OF 19 40

them into custody and handle them as they should be handled, and

riot as American citizens.

Senator MALONEY. I suppose you agree that this gives tremendous

powers to the officers of the Federal Government, Mr. Holtzoff?

Mr. HOLTZOFF. Well, I agree that it does give very serious powers.

But I want to say this: After all, we have to have faith, and I see no

reason why we should not have faith in our Federal judges. These

cases could be tried in the Federal courts, and if the action is improvident or without basis the Department of Justice would soon learn that

from the disposition that would be made by the Federal judge.

Senator BALL. What happens to those naturalized citizens who

were convicted of espionage in New York? Is their citizenship

revoked?

Mr. HOLTZOFF. They lose certain rights of citizenship, but they do

not lose their citizenship as such; they do not become aliens.

Senator BALL. Native-born citizens are exempted, except for

treason?

Mr. HOLTZOFF. Yes. Of course, in most States a person convicted

of felony loses the right of suffrage, and that would apply in those

cases as it does in the case of other felonies.

The next section

Senator BALL. Well, as a matter of fact, don't you pretty much

cover this, if you are going to charge a man with fraudulently taking

the oath, your basis would be exactly what you provide in section 8,

wouldn't it?

Mr. HOLTZOFF. In that section; yes. Except that if you charge a

naturalized citizen with fradulently taking the oath, your evidence

has to establish the existence of that fraud on the date he took the oath;

whereas under section 8 it would be sufficient to establish the state of

mind as of the date the proceeding has been instituted. That is the

only difference.

Mr. SHOEMAKER. I would like to say something about that.

Mr. HOLTZOFF. Mr. Shoemaker, I think, wants to add to it.

Mr. SHOEMAKER. TO answer specifically your question, Senator:

We have evidence of citizens coming in and inducing the applicant

to swear falsely and we have evidence where they secure a visa to

come into the United States fraudulently; and the statute of limitations has run against that and we cannot do anything about the

criminal prosecution, except in the latter case section 9 is much

broader than section 8, and it would allow us to cancel the certificate

within 30 days, where ordinarily we were 60 days, where a naturlized

citizenship has been secured fraudulently, but the case may not

involve subversive activities.

Senator BALL. Yes.

Mr. SHOEMAKER. So it is much broader.

Senator BALL. I can see the point in section 9, but I don't know,

section 8 seems to almost invite a "witch hunt."

Mr. HOLTZOFF. If I may, Senator, I would like to leave to Mr.

Smith, who will follow me, the privilege of discussing section 8. I

think lie is more familiar with the difficulties of the problem than I am.

Now, section 10 is a purely procedural matter. It amends section

404 of the Nationality Act. Section 404 provides that under certain

circumstances, by residing abroad for certain periods, a naturalized

citizen shall lose his nationality; and all that section 10 does is to per-
TO AMEND THE NATIONALITY ACT OF 1940 39

mit than an action to establish that fact and obtain a judgment to

that effect may be procured by legal proceedings, instead of leaving

the matter to administrative determination as is the law today.

Section 11 relates to those former American citizens who have

acquired a foreign nationality through the naturalization of their

parents. It makes only minor amendments in order to straighten

out the grammar. It does not change the text of the law at all, except

to correct a misprint that has created some grammatical errors. In

line 17 of page 6 the words "he is" are inserted, and the word "heretofore" is changed to "theretofore." And later on, in line 20 "this

act" was "his act" in the present law, and that is a misprint. This

only, in other words, corrects some purely typographical errors.

The next section, section 12, also corrects errors of that kind. It

does not change the law in any respect.

Section 13 was inserted on the floor of the House, I believe. It is

directed to those persons who, although born of alien parents in a

foreign country, entered the United States as minors prior to July 1,

1924, and who claimed citizenship through the naturalization of the

parents, and who have been registered voters, but who find difficulty

in establishing their citizenship. This provision would authorize the

Immigration and Naturalization Service, upon satisfactory proof of

the naturalization of the parent, to hold that the person has been

legally admitted to the United States for permanent residence.

My understanding is that this situation has arisen in Massachusetts,

where there are a good many persons in that group who came to this

country as children many years ago and whose parents have become

naturalized, but who cannot establish all these facts by documentary

evidence. •

Senator BALL. Well, this would not naturalize them?

Mr. HOLTZOFF. No; this would not naturalize them. This would

give them a legal residence, that is all.

Senator BALL. I see.

Mr. HOLTZOFF. That is all I wish to say.

Senator MALONEY. Have you any questions, Senator Ball?

Senator BALL. Yes. I wanted to go back to section 10. I wondered, just in reading those two sections; 404 is primarily people who

resided outside the country, naturalized citizens who resided outside

the country and thereby lose their citizenship, and section 338 is more

or less of a criminal implication of fraud, or something like that. I

wondered why you wanted to tie 404 into that?

Mr. HOLTZOFF. Well, the only purpose is to make it possible to

bring a civil action to establish, to procure a judgment, or establish

the fact that a person has become a naturalized citizen, has become

expatriated by reason of the facts set forth in section 404. Today, we

have no way of bringing such action. Is my understanding right?

Senator BALL. YOU can expatriate them by administrative action.

Mr. HOLTZOFF. I beg your pardon?

Senator BALL. Can't you expatriate them by administrative action?

Mr. HOLTZOFF. Oh, yes. Today it is self-operative, but sometimes

it is advantageous to make that a matter of record. And the only

thing section 10 would do would be to permit us to bring action to

determine a proceeding in order to make the expatriation a matter

of record.
40 TO AMEND THE NATIONALITY ACT OF 1940

Senator BALL. I cannot quite see why. I mean, it is a matter of

record in the Department anyhow, isn't it?

Mr. HOLTZOFF. It may be a matter of record in the Department,

but the person interested, the naturalized citizen may contest that,

and it is advantageous to secure the record.

Senator BALL. Does he have the right of appeal now, to the ruling

of the court?

Mr. HOLTZOFF. NO; he hasn't.

Senator BALL. He hasn't?

Mr. HOLTZOFF. This is self-operative.

Senator BALL. He has no appeal to the courts for their determination?

Mr. HOLTZOFF. He has this right: he can come back to the United

States under the Nationality Act, if a passport or visa is denied him on

the ground he is expatriated, he can come back to the United States

and contest the matter in the courts; whereas this provision would

enable the Government to initiate proceedings to cancel citizenship.

It is not a matter of vital importance, but it would be of some

advantage.

Senator MALONEY. Have you finished?

Senator BALL. Yes.

Senator MALONEY. We are very grateful to you, Mr. Holtzoff.

Had you planned to testify, Mr. Shoemaker?

Mr. SHOEMAKER. No.

Senator MALONEY. I would like to make this suggestion on my

own responsibility: that you be afforded a chance to discuss at such

length and in such detail as you desire, section 3. It was section 3?

Mr. HOLTZOFF. Yes.

Senator MALONEY. You have discussed it with the committee and

been over it, but it is a very controversial question and I would like

to have the record show everything that the Department or its

representatives would like to have it show. I am not asking you to

go into that further, but inviting you to be more definite if you care to.

Mr. HOLTZOFF. We appreciate the opportunity and we will take

advantage of it and present more material on that.

Senator MALONEY. YOU mean by way of a brief?

Mr. SHOEMAKER. I think we could do that.

Mr. HOLTZOFF. I bee your pardon?

Senator MALONEY. You mean by way of a brief?

Mr. HOLTZOFF. Well, whichever way.

Senator MALONEY. We hope to conclude today. We only have

one more witness, aside from the Departments of Government. We

can meet tomorrow if it will suit your convenience.

Mr. HOLTZOFF. NO; we can present in brief form just as well.

Mr. SHOEMAKER. DO you want it today, Senator?

Senator MALONEY'. I want to suit your convenience. If you are

prepared to go ahead and tell it to us now, I would be glad to have it.

It is not something I intend to press, but I do know that a controversy

exists and it will become stronger and more intense before this full

committee meets here, and the members will want to know all they

can about it. And I am just affordins; the Department, or anyone

else, a chance to go into so much detail as they desire.

Mr. HOLTZOFF. Well, would it be satisfactory to submit a written

statement in a day or two?
TO AMEND THE NATIONALITY ACT OF 1940 41

Senator MALONEY. Entirely. Thank you very much, gentlemen.

Mr. Smith, we have one other witness. It is your turn and your

choice, but I thought perhaps you would like to be last.

Mr. SMITH. That is fine.

STATEMENT OF SIDNEY C. SCHLESINGER, REPRESENTING NATIONAL LAWYERS GUILD, WASHINGTON, D. C.

Senator MALONEY. You are Mr. Popper?

Mr. SCHLESINGER. I am not Mr. Popper, but appearing for Mr.

Popper. My name is Sidney C. Schlesinger and I am appearing on

behalf of Mr. Martin Popper, executive secretary of the National

Lawyers Guild.

The National Committee on American Citizenship, Immigration

and Naturalization Service has made a study of this House Resolution

6250, and has asked me to submit the results of its study to this

committee.

There are only two portions of these amendments which it feels

are of sufficient importance to warrant consideration. The first of

these changes deals with section 3 and it relaxes the educational

requirement in connection with the naturalization of aliens over 50

years of age who have resided in the United States continuously

since on or before June 30, 1924, and have valid first papers or acquire

them within 2 years of the effective date of the act. The committee

believes that this change in the law is desirable. However, the committee believes that the provision is unfortunately more limited than

originally drawn. Originally the bill required only 10 years continuous

residence and the present bill requires 16 years; and the committee

believes that the 10-year provision is sufficient and should remain

in the bill.

The more important change that I was asked to take up with this

committee is

Senator MALONEY. Might I interrupt you there? You say that

you feel that 10 years is sufficient?

Mr. SCHLESINGER. Yes.

Senator MALONEY. I wanted to be sure I understood you. I am

sorry; please proceed.

Mr. SCHLESINGER. The more important question that the committee concerned itself with is embodied in section 8 of the bill, which

I understand is a controversial section and has received some consideration already from this committee.

Section 8 deals with section 338 (a) of the Nationality Act of 1940,

and it would substitute a comma for the period at the end thereof

and add the following proviso:

or on the ground that his utterances, writings, actions, or course of conduct

establishes that his political allegiance is to a foreign state or sovereignty.

If the intent of the provision was to reach persons who swore

allegiance to the United States when, in fact, they continued to owe

allegiance to a foreign government, then the provision is unnecessary.

Such a person is guilty of fraud, and existing statutes have always

authorized cancelation for such fraud.

However, if the amendment intends, as may be gathered from its

language, to subject naturalized citizens to loss of citizenship after it
42 TO AMEND THE NATIONALITY ACT OF 1940

has boon lawfully obtained, then it is not only harmful to the national

interest, but a violation of the Constitution.

The committee assumes that Congressman Dickstein intended, by

his amendment, to help protect the United Nations from the agents

of the Fascist countries who are waging war against us, Germany,

Italy, and Japan; yet actually the amendment applies to all the

naturalized citizens and, inferentially brands them as the source of

danger which requires action by Congress.

In essence, this amendment is class legislation in its most dangerous

form. The House, in its zeal, has erred in assuming that the danger

to our Nation requiring legislative protection comes from naturalization and not fascism. Had the House kept in mind the real source

of our danger, it would never have introduced a bill which is a blow

at 8,000,000 citizens who, through an accident of birth, are citizens

by naturalization rather than nativity; and, as to the Fascists and

fifth columnists, native and naturalized alike, who prey upon the

people, the present criminal statutes are adequate to deal with them

and, if found wanting, the Criminal Code is where the remedy should

be applied, not the Nationality Act.

If section 8 becomes law, the conduct of the naturalized citizen after

naturalization would constantly be the subject of investigation. Our

naturalized citizens should be free and fearless. As stated above, for

any fraud in connection with becoming citizens, naturalized citizens

can, as the law stands now, be deprived of their citizenship rights.

Enactment of House Resolution 6250 would inaugurate an entirely

different status, an inferior group of American citizens who would

never be safe in that citizenship.

To quote the words of Mr. Justice William O. Douglas in a speech

before the San Francisco Commonwealth Club on June 20, 1941:

There must not grow up in this country any second or fourth class of citizenship.

There is only one class of citizenship in this country. There is no room for any

inferior grade. Where one has been allowed, the result has been the downward

spiral of disunity. Then hate and intolerance have been incorporated. Under

those conditions, the enemies of democracy invariably have risen to power.

Under those conditions, there is an insistence on a conformity which is the beginning of a disintegrating process.

As long aeo as 1824 it was said by Chief Justice Marshall in Osborn

vs. United States Bank with reference to the naturalized citizen:

He becomes a member of society possessing all the rights of a native citizen and

standing in the view of the Constitution on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The

simple power of the National Legislature is to prescribe a uniform rule of naturalization and the exercise of this power exhausts it so far as respects the individual.'

He is distinguishable in nothing from a native citizen except so far as the Constitution makes the distinction. The law makes none.

An equally important argument against this provision is its unconstitutionality. Except for the fact that he cannot be President

of the United States, a naturalized citizen, once he has been legally

admitted to citizenship, has the same status exactly as a native-born

citizen.

Congressman Dickstein, when he introduced the, bill, and the

House of Representatives, when it passed the bill without opposition

and without a roll call, could not have realized that they were making

so great and unconstitutional a departure in American law. The

nature of citizenship of the United States is determined by the Federal
TO AMEND THE NATIONALITY ACT OF 1940 43

Constitution. The essential nature of the status of citizenship cannot

he determined or modified by statute.

The character of citizenship is fixed by the first sentence of the

first section of Article XIV of the Constitution:

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.

The same section of the same article of the Constitution specifically

prohibits any modification of the status of United States citizenship

by State statute:

No State shall make or enforce anv law which shall abridge the privileges and

immunities of citizens of the United States•

Nor can a Federal statute determine or modify the nature of the

status of citizenship. The Constitution, in determining the essential

character of citizenship and excluding such dcterminance from the

power of Congress, assigns a limited field relating to the subject of

citizenship, but not touching upon its essence, in which Congress is

specifically authorized by the Constitution to determine by statute

the practical methods of applying the fundamental principles. But

these fundamental principles are determined by the Constitution

alone.

Any statutory influence upon the status of United States citizenship is invalid. That status having been completely determined by

the Constitution, and Congress having been given a specifically

limited field in which it can legislatie on the subject of citizenship, all

legislation is confined within that limited field; a field that does not

touch the essential character and nature of that status established by

the Constitution under the term "citizenship."

The essential nature of citizenship is fixed as an indivisible status

of all persons who are citizens. This status is given without distinction to all persons born or naturalized in the United States. It is

not said that all persons born in the United States are citizens, and

added that other persons may conditionally or partially share in this

status. All persons are equally citizens if born or naturalized in the

United States, with one condition applicable to all, that they be

"subject to the jurisdiction" of the United States; and there is but

one kind of citizenship. As far as statutory law is concerned, citizenship is one and the same citizenship when once lawfully obtained

whether by native birth or by naturalization.

That concludes the statement.

Senator MALONKY. Thank you.

We have been extremely anxious that everyone who desires to do

so may be heard. I am assuming all have been heard who said they

desired an opportunity.

So I guess, Mr. Smith, we may hear you now.

STATEMENT OF I. M. C. SMITH, CHIEF, SPECIAL DEFENSE UNIT,

DEPARTMENT OF JUSTICE

Mr. SMITH. My name is L. M. C. Smith. I am chief of the Special

Defense Unit of the Department of Justice.

In the first place, let me say that I am very sympathetic with the

fears of those who come here to testify against this particular section
44 TO AMEND THE NATIONALITY ACT OF 1940

8, because I have been active for a good many months in working

with a number of alien groups in trying to protect them, particularly

against discriminations in employment; which discrimination exists,

despite the veiy strenuous efforts of the Attorney General to prevent

it, and in my opinion tends to create a bigger fifth column than would

be created by following a sound policy of providing employment for

all aliens unless there is definite evidence of disloyalty, when that

should be turned over to the F. B. I.

The problem we are talking about here is not 99 percent of the

naturalized citizens, and we certainly do not want to do anything to

disturb them or to shake their loyalty. This bill concerns only a very

small proportion of the total group.

I see the number of cases that we have of subversive activities, and

there are just as many, in my opinion, among the naturalized citizens

of the German and Italian, particularly the German, group, as there

are-of aliens. That is shown by not only analysis of the cases, but

it is based upon a definite recognition of what the Germans, particularly the Germans, and Italians have done.

The Germans have, based their present regime on the theory of blood

and race, and they do not recognize that that allegiance can bo broken

down. That is shown in the prosecutions in New York. Out of the

29 defendants who were convicted of espionage in New York, 23 were

naturalized citizens. They go to jail, but they are not treated as

alien enemies during this wartime period, although I cannot imagine

any group who have demonstrated their allegiance more clearly to a

foreign country.

Since 1933, Hitler has sent Germans to the United States with the

specific instructions to become naturalized; we know that. We know

that since 1938 the German-American Bund has permitted only citizens to become members. We know that the Axis states have operated not only in America, but also in South America•from where I

have just returned•to continue to encourage the allegiance of the

nationals residing in the surrounding territory and to try to encourage

activities of the allegiance, such as the return immigrant program of

Germany in which they have through their consuls engaged in a widespread activity, both here and in South America, to encourage people

to send funds abroad and doing definite acts of allegiance to their

state, contemplating their return immediately after the war is over.

Now, with people engaged in such definite, activities as that, I

don't think under the present circumstances they should be treated as

citizens, but should be in the same category as alien enemies if they

are nationals of such countries.

ISiow, coming down to the particular bill, however, I think anything

that can be done in the drafting of it to put additional safeguards in

for the great mass of naturalized citizens, I would be in favor of.

Thus, for instance, when the bill was in the House you did not have

"utterances or writings" in there and, quite frankly, if there is a possibility of abuse of that, I would rather see that left out. Because I

thmk the utterances and writings should form tho basis of establishing

the conduct, and that cancellation of citizenship should not be on

"utterances" alone. In other words, I think you should merely use

that as evidence of the conduct of a person, to show his allegiance.

Now, there have been

Senator MALONEY. Might I ask you a question there, Mr. Smith?
TO AMEND THE NATIONALITY ACT OF 1940 45

Mr. SMITH. Yes.

Senator MALONEY. If we struck the language to which you have just

referred, "utterances and writings" and there is left "or course of

conduct," would you feel that that would be retroactive, or would that

be current conduct, in your judgment?

Mr. SMITH. I would think that would be current conduct. But

evidence of his conduct, however, could be established by past actions,

and it would merely be evidence, and the burden of proof would be to

establish that his present conduct established his allegiance.

That is, I think, one of the protections of this act. It does not say

that his conduct at any time has established his allegiance, but that

his present conduct establishes his allegiance. Now you may, as

evidence of what his conduct is, go back and show that over a period

of years he has been furnishing information to Germany, something

that may not be within the espionage laws, or been the head of a

bund or other organization, or been working with the consuls to

return certain people to Germany after the war, and a great many other

activities. But still you would have to show that the conduct was in

existence at the present time, and not in the past time.

Now that test, as I see it, is a fairly difficult one to prove. It is

practically the same test that we have had with the fraud section,

except that with the fraud section you show present conduct and then

try to establish it continuously all the way back to the time when the

man took his original oath of allegiance, to show that he had a mental

reservation. Whereas under this it seems to me it is the same test

that is in the fraud, except that it is a more realistic one and certainl

is one that will be a certain amount easier to prove, than going baa'

to the original date and trying to show that 5 or 7 years before when

he entered into a certain document that he had a certain state of mind.

So you prove that state of mind in any case by his conduct subsequent

to that act, and it is really the same facts.

Now, whether it is going to be abused or not, or whether we would

be able to do very much under it, I don't know. I was insistent,

and I think the rest of the group were, that this would be in the court,

and subject to court review, because I don't think that the Department of Justice should be left, and I think the whole matter should

be reviewed by our judiciary, just as the fraud actions have been.

Secondly, the burden of proof is definitely on the Department to

establish this, and it is not just what ho has done but as the word

indicates, it says "establishes," and I think the burden is on us to

show allegiance.

Furthermore, it does not mean that a person can just be disloyal

to the United States. That is not enough. This is not intended to

cover any naturalized citizen or anybody else who is just disloyal

to the United States. It is a positive burden on us to show allegiance

and a definite foreign connection, a definite connection with a foreign

state or sovereignty. Otherwise, I would not think that we had

established political allegiance to a particular state. So that unless

this man has been engaged in some definite program which indicates

his connection with a foreign state I don't think that he would have

anything to fear.

Now, in regard to the constitutional aspects, I have not made an

exhaustive study of the cases, but from what examination I have made,
46 TO AMEND THE NATIONALITY ACT OF 194 0

there is a difference, both in the existing Nationality Act and in other

places, section 401, between naturalized citizens and citizens. Secondly, in the Mackenzie v. Hare case which was cited yesterday, it

was argued or it was stated as to the native-born American woman

who lost her citizenship under our statutes by marrying a Canadian

that it was unconstitutional to deprive her of her citizenship except

by her own voluntary act of expatriation; and the court overruled her

and held that her constructive knowledge of the law was enough to

permit loss of citizenship through marriage to a foreigner.

This section does not attempt to impose loss of citizenship, but to

establish a judicial and definite finding by the Government that a person by his own acts has engaged in certain activities which establish

his allegiance to a foreign state. In the same way with domicile: The

various facts of domicile will be established by the court and will be

proved by the court, but they will be voluntary acts that he did.

Secondly, as far as making it applicable to native-born citizens as

well, I would have no objection to that if that were the real problem.

But I would like to affect citizenship as little as possible in these times,

and if this were only as to American citizens during the national emergency it would not bother me. But I cannot see a great many of these

naturalized citizens causing trouble in this country, a great many of

them being potential tlireats which are not within the criminal laws

and yet are definite acts of loyaltv or allegiance to a foreign government; and not think that they ought to lose their citizenship thereby,

if that can be judicially established in a court.

Senator BALL. Is the predominant majority of such cases that

come to your attention naturalized citizens, rather than native-born?

Mr. SMITH. There is at the present time, we feel, a little problem

with the native-born, as far as my section is concerned; but the big

problem is with the aliens and the naturalized citizens of these particular countries, and much more so with the Germans than with

the Italians.

All I am trying to do is to be realistic. I have spent many days

tiying to work with the alien groups who handle that and we have

done a great deal in the Department to try to prevent discrimination

against them; but I think we have got to be realistic, we are right in

the middle of the war now and we have got to take the necessary

steps for our protection.

Now, as I say, if there is any limitation that the Committee feels

would improve the statute and still would accomplish this effect, I

am not "sold" necessarily on the particular language; although we

have struggled over it and spent a good deal of time over it and I

think it is satisfactory from my point of view.

Senator MALONEY. DO you think that the citizenship of these 23

convicted citizens in New York could be revoked on the ground of

fraud?

Mr. SMITH. I don't see how you could revoke them on the ground

of fraud unless you could establish that by these acts that is an indication of their present mind, and then you would have to go back•

supposing they became citizens 7 years ago•you woidd have to go

back and have a course of conduct going back right up to the time

when they came into the country.

Senator MALONEY. I see.
TO AMEND THE NATIONALITY ACT OF 1940 47

Mr. SMITH. And you would have to have witnesses as of that time,

and the further back you would go the easier it would be to break

that thread. Now, that is a practical matter.

Senator BALL. Would it be a better legal approach to this thing if,

instead of adding new grounds, you simply provided that proof that

the naturalized citizen's actions establishes that his political allegiance is to a foreign state or sovereignty shall be prima facie evidence

of fraud in obtaining the certificate?

Mr. SMITH. Well, I would defer on that to Mr. Holtzoff.

Mr. HOLTZOFF. I think that would accomplish the same result.

Mr. SMITH. It might accomplish the same result although, quite

frankly, I have always had a little difficulty with the legal argument,

and the courts have adopted it for 2 or 3 years, that a man's conduct

today is necessarily evidence of fraud and a mental reservation 7

years ago.

Senator BALL. That is your problem now, under the presentstatute; the problem is to hook it up with the time when they become

naturalized.

Mr. SMITH. Well, that is under the present law. But this present

amendment, section 8 here, is based upon a theory of expatriation,

in effect, as recognized and established by the conduct of the man

himself in the voluntary acts he is engaged in, as established by the

Government in a court.

Now, he has done certain acts, just as in section 401 he has done.

It says:

A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:

(d) accepting, or performing the duties of any office, post, or employment

under the government of a foreign state or political subdivision thereof of which

only nationals of such state are eligible.

Well

Senator MALONEY. There are Members of Congress who, as you

know, arc naturalized citizens, and while you could not reach them for

any statements they made in the House or the Senate, you could, and

perhaps this is far-fetched, reach them if you found they harshly

criticized action or failure on the part of some of our alhes in the war,

in speeches outside. Do you think you would have grounds for reaching them?

Mr. SMITH. NO; I do not, because that is no evidence of political

allegiance to a foreign state. It may be evidence of criticism of the

present government, or even if it were done deliberately it might be

evidence of disloyalty. But I mean, it would not be•of course,

Members of Congress have a right, anyway•but assuming that it was

somebody who was really trying to overthrow the. Government by

force or violence or special war effort by any means whatsoever, he still

would not come within this section, I would not think, no matter

what he said; unless you could show that by his conduct, that he owed

allegiance to a particular state. And that speech or any speeches

along those lines, I would not think would be evidence of political

allegiance. Would you?

Senator MALONEY. Now, let me ask you the next question in order:

Suppose that some other person, who was regarded as politically or

socially insignificant, criticized our allies, and the conduct of the warr
48 TO AMEND THE NATIONALITY ACT OF 1940

but happened to have once lived in a state with which we are now

engaged in war. What would your attitude be in such a case?

Mr. SMITH. I still would not think that that sort of action, without

some positive evidence of affirmative allegiance of one sort or another•

for instance, if that man were sending funds back to Germany, as a

number of naturalized citizens have done, plus sending maybe information and working with the consul. You might have some evidence

there as to his political allegiance. But even there you would have

to find that his primary political allegiance was to Germany, as

opposed to the United States; and all of that same sort of difficulty, I

would think, would come up in a fraud case. I mean, in the same way

with the same difficulties, all of the acts would come up in a fraud case,

and the courts have been quite consistent, as far as I know, in protecting the citizens in those cases.

Senator MALONEY. I can vaguely remember some of what went on

•during the World War.

Mr. SMITH. YOU had a lot of experience with this problem, I know.

Senator MALONEY. I can remember some prosecutions and persecutions of individuals at that time.

Mr. SMITH. But those prosecutions, I think, were under the sedition statutes, if I remember right, rather than under the fraud statutes. And the big criticism of the last war cases, if I remember

right, were directed at the old sedition acts and the prosecutions that

"were made under those.

Senator MALONEY. The kind of speeches to which I just referred,

probably insofar as Members of Congress are concerned, would not be

taken seriously from the standpoint of the law; but individuals

making that kind of speech or citicism might be reached under the

sedition act; is that right?

Mr. SMITH. Well, they would have been reached under the sedition

acts in the cases which were being tried in 1918, and there were

Senator MALONEY. They are in effect now, aren't they? Weren't

they restored by the war powers?

Mr. HOLTZOFF. No; the 1918 amendments to the Trading with the

Enemy Act, which contained the provisions with reference to sedition,

were enacted for the duration of the war and they are not now in

effect.

Senator MALONEY. Were they not in the war powers act and were

they not reenacted?

Mr. HOLTZOFF. NO.

Mr. SMITH. I think somebody has introduced them in Congress.

Mr. HOLTZOFF. Oh, yes; there has been a bill introduced a short

time ago to reenact those provisions for the duration of the present

emergency, during the present war; but they are not now in effectSenator MALONEY. YOU would not think that under the passage of

this language that you would create the same kind of broad powers

and the same kind of situation that prevailed in 1917 and 1918?

Mr. SMITH. I do not think so, sir. I do not see that the type of

case and the proof in the case wovdd be substantially different than

the type of cases that the courts have already passed upon, and I am

familiar with a certain number of these fraud cases.

I am a little worried, I will be frank with you, about the inclusion

of the phrase "utterances, writings" or any other acts that may be

used as a basis.
TO AMEND THE NATIONALITY ACT OF 1940 49

Mr. HOLTZOFF. I would rather see those words go out.

Mr. SMITH. I would rather see those words go out.

Senator MALONEY. AS a matter of fact, I believe you would have a

lot of trouble within the Government right now if you left that

language in.

Mr. SMITH. Yes. But as to the constitutionality of this, I believe

it is constitutional. I don't say it is free from doubt and I don't

profess to be a profound constitutional lawyer; but we have considered the question very carefully and also the cases that are involved,

and do believe that it is perfectly constitutional; and that it is perfectly consistent with the other provisions relating to expatriation,

about a person and about his act.

Senator MALONEY. Don't you think its constitutionality should

be free from doubt?

Senator BALL. Wouldn't you free it from doubt if you put it under

section 401, which provides that: "A person who is a national of the

United States, whether by birth or naturalization, shall lose his

nationality"? Nationality means•wait a minute; that means;

citizenship, doesn't it, there?

Mr. SMITH. Yes. Well, in that respect.

Senator BALL. Simply include it.

Mr. SMITH. In that respect, it would not bother me if you put it

there, as long as you provide for judicial determination. The difficulty that I have with that section is that a person does certain acts

and he enters into an indefinite state and he never knows whether he

has lost it or not. And the way it is now

Senator BALL. If you add subsection 2.

Mr. SMITH. If you add a provision for judicial determination of it.

Senator BALL. Section 10 of the bill would provide that, wouldn't it?

Mr. SMITH. AS I understand•••

Senator BALL. What you said when I asked you the question a

while ago was this was more a matter of expatriation than of revoking

naturalization.

Mr. SMITH. Well, it is a

Senator BALL. I mean, when I asked you whether it would not bo

advisable simply to relate this back to the fraud at the time of obtaining the certificate.

Mr. SMITH. DO you want to comment on that?

Mr. HOLT? OFF. I venture to suggest that section 8 does provide for

a form of revocation, and I am quite sure it is not necessary to suggest

it is automatic expatriation.

Your suggestion, Senator, as I understand it, is that, instead of

making section 8 in the form of a separate ground or an additional

ground for cancelation, you would create a presumption•a rebuttable

fresumption, to be sure•that a person whose course of conduct estabishes that his allegiance is to a foreign country; create a presumption

that such person's conduct, that he took his oath with such a reservation as to constitute obtaining naturalization by fraud.

It seems to me that that would achieve the same result as the one

we have in mind, and from that standpoint it would be entirely satisfactory to substitute. Whether you accomplish the result by creating

an additional ground for revocation of citizenship, or by providing

that such facts shall create a presumption of fraud, it seems to mo
50 TO AMEND THE NATIONALITY ACT OE 194 0

from our standpoint is not a material one. Whichever you prefer, we

would go along with.

Senator BALL. YOU could also make it apply to native-born citizens.

Mr. HOLTZOFF. I beg your pardon?

Senator BALL. You could also make it apply to native-born citizens.

For instance, it seems to me everyone would favor taking away the

citizenship of the men convicted under the espionage trial in New

York. I assume that under the present laws you cannot do it, either

to the naturalized citizen or to the native-born, that were involved?

Mr. HOLTZOFF. That is correct.

Mr. SMITH. That is correct.

Senator BALL. And what you would do, perhaps you would need

a now section in section 4, because 401 does not relate to court procedure.

Mr. HOLTZOFF. Well, of course

Senator BALL. I would like to look over an attempt to handle it

that way.

Mr. HOLTZOFF. Section 8, if you got that in the law in its present

form or the form you suggest, Senator, under that it seems to me that

those persons in the espionage case who are naturalized citizens could

have their citizenship revoked.

Senator BALL. Yes.

Mr. HOLZTOFF. Because carrying on espionage for a foreign

country is certainly, it seems to me, a course of conduct which would

establish allegiance to that country.

Mr. SMITH. That is right.

Senator BALL. Yes; but what I mean

Mr. HOLTZOFF. But this could not be done under the law as it now

exists, unless you can connect their activities

Senator BALL. But you certainly would remove any doubt as to

its constitutionality if you put it under chapter 4 and made it apply

to that type, and made it a matter of expatriation. Of course, I

don't know whether it belongs to the Naturalization Act or not, that

way.

Mr. HOLTZOFF. I am a little bit afraid, while sentimentally I might

see a good reason for making this applicable to native-born citizens.

I am a little bit afraid of such a provision. Suppose a person comes of

a family that has been in this country for a great many generations.

Would you deprive him of citizenship under a provision of this sort?

I wonder about that.

Senator BALL. Surely; I know a lot in Minnesota I would just as

soon ship back to Russia; that is where they take their orders.

Mr. HOLTZOFF. Well, most of them are either aliens or naturalized

citizens, are they not?

Senator BALL. No; I don't think so.

Mr. HOLTZOFF. Second and third generation?

Mr. SMITH. Native-born, some of them.

Senator BALL. Surely. I don't say I know a lot, but I know a few

who do follow the Party lines and take their directions from Moscow.

Mr. HOLTZOFF. Second and third generation citizens, who are proAxis. That was the way in the First World War.

Mr. SMITH. Yes; there are. But my approach to it was trying not

to upset the citizenship status any more than necessary under the

present circumstances; and that is why I say that it would seem
TO AMEND THE NATIONALITY ACT OF 1940 51

to me that if you cover the naturalized citizen at the present time

you will have covered a huge portion of the problem.

Senator BALL. YOU take care of most of the problem, but you say

it raises this constitutional question.

Mr. SMITH. Yes.

Senator BALL. And also raises the question of unequal treatment

of two citizens who are both equally guilty of disloyal acts; one happens to be naturalized, and the other native-born.

Mr. SMITH. Would you like to consider those two suggestions of

his there, and see if we can work it out?

Mr. HOLTZOFF. Yes. This is something we have not given thought

to, and I should hesitate to make any observation on it at this time.

Thev would not be worth very much because they would not be the

result of any reflection.

Senator BALL. Yes.

Mr. HOLTZOFF. I would like to think about it some more.

Mr. SMITH. NOW, I say that this is a very serious problem that we

are facing right now, and whether you want to broaden it out to cover

possibly other cases which are not bothering us at the present time

is a matter of judgment.

I do want to call your attention

Senator MALONEY. You would get a lot of bother if you did do it.

Mr. SMITH. Yes.

I do want to call your attention to the fact that in the final act of

the third meeting of Ministers of Foreign Affairs of the American

Republics at Rio de Janeiro, where I went with Mr. Welles, they

adopted an attachment to resolution XVII, Memorandum on the

Regulation of Subversive Activities, and one of the standards is as

follows:

It is recommended to the American Republics that, as far as practicable in

view of present conditions and those which may be foreseen, they take comprehensive regulatory measures, that are not in conflict with their respective constitutional provisions, and that these measures include the following, it being

recognized that many of them are already in force:

(A) To control dangerous aliens by•

I will not read that.

(B) To prevent the abuse of citizenship by:

And 2 says:

Causing the status of citizenship and the inherent rights with respect thereto

of those citizens of non-American origin who have been granted the privilege of

becoming citizens of an American state to be forfeited if, by acts detrimental to

the security or independence of that state or otherwise, they demonstrate allegiance

to a member state of the Tripartite Pact or any state subservient to them, including the termination of the status of citizenship of such persons recognizing or

attempting to exercise dual rights of citizenship.

Now, of course, that was a resolution in which we were primarily

interested, but it was also adopted by the other nations and throws

some light on the general situation. I know in Brazil, for instance,

one of their big problems has been with the naturalized German

citizens there, particular^. There, again, the Italian is not so much

of a problem; but the naturalized Germans. And they have issued

some decrees just recently in which they have closed out any organizations in which aliens belong unless the board of directors and the
52 TO AMEND THE NATIONALITY ACT OF 194 0

officers are native-born citizens. So they have brought that out and

made that difference.

That is just some background material on this situation.

Senator MALONEY. Have you concluded, Mr. Smith?

Mr. SMITH. Yes, sir.

Senator MALONEY. We thank you very much.

I think we have heard all who have expressed a desire to be heard,

with the exception of the two Senators from Oregon, and the committee will meet to hear them at 11 o'clock tomorrow morning. They

found it inconvenient, because of the pressure of their work, to be

here up to now, and they want to present some material to the committee.

Mr. HOLTZOFF. Mr. Chairman, Mrs. Alan Cranston is here; she

represents the Common Council for American Unity. She has

requested me to ask in her behalf for the privilege of submitting letters

on this bill, particularly as to section 3.

Senator MALONEY. DO you have those letters now, Mrs. Cranston?

Mrs. ALAN CRANSTON. NO. They should reach here in the next

couple of days. I wonder if you could include those with the other

letters that you mentioned?

Senator MALONEY. Yes; we can, but it will depend upon what time

you get them. We are anxious to have the hearings printed as

quickly as we can, but I think 2 or 3 days will allow you plenty of time.

Mrs. ALAN CRANSTON. Fine. They will be mailed directly to you.

Senator MALONEY. YOU might give them to the clerk of the committee, Miss Smith, if you will.

That concludes the hearing this morning, until 11 o'clock tomorrow

morning.

I offer the following letters, telegrams and briefs:

[Western Union Telegram]

WASHINGTON, D. C, Febrttary 17, 1948.

Hon. FRANCIS MALONEY: The American Legion is unalterably opposed to section

3 of H. R. 6250 now undergoing hearings your subcommittee. This section

would exempt from literacy requirements of nationality law aliens 50 years of

age or older. It would also waive the requirements of a declaration of intention

in respect to these aliens. Section applies to aliens in this country prior to July 1,

1924. Such aliens have had ample opportunity to meet present naturalization

requirements through our alien education system. House Report No. 1544 which

accompanied H. R. 6250 fails to reveal number of elderly aliens that would immediately benefit under our social security law or the number that would be benefited at later date. American Legion sympathetic toward these aliens but believes

the present is certainly no time to liberalize our naturalization laws. Our organization will appreciate anything you may do to have section 3 of H. R. 6250 stricken

from the bill.

FRANCIS M. SULLIVAN,

Acting Director, National Legislative Committee.

THE AMERICAN BATTLE MONUMENTS COMMISSION

JANUARY 19, 1942.

The Honorable RICHARD B. RUSSELL,

Chairman, Committee on Immigration,

United Stales Senate.

MY DEAR SENATOR RUSSELL: I am transmitting for your consideration the

enclosed letter addressed to you by Mr. John M. Weneta. an employee of the

European office of the American Battle Monuments Commission, whose case hasrecently been brought to my attention.
TO AMEND THE NATIONALITY ACT OF 1940 53

Mr. Weneta's statement of the facts in his case is verified by the official records

of the Government, and, I may add, he lias served to the entire satisfaction of the

American Graves Registration Service and the American Battle Monuments

Commission. If there is anything further that I can do to assist in regularizing

the citizenship status of Mr. Weneta, I hope you will not hesitate to advise me.

Sincerely yours,

JOHN J. PERSHING, Chairman.

WASHINGTON, D. C.,

January 17, 1943.

The Honorable RICHARD B. RUSSELL,

United Stales Senate.

SIR: For the consideration of the Committee on Immigration I desire to submit this statement of facts in my case for such action as may be taken in my

favor by the committee in order to settle the question of my citizenship.

I was born in Hungary in 1890 and came with my parents to the United States

about 1900-03. My family settled in Chicago, and I went to school there. In

1911 I enlisted in the United States Army, and during the following years lost

contact with my family.

In June 1917 I went to France with the American Expeditionary Forces, served

with the Infantry, and later became a sergeant in the Quartermaster Corps. While

still in the American Expeditionary Forces in France, and not being entirely certain of my status as an American citizen, I, on November 22, 1918, made out a

form which, as I now know, was merely a petition for naturalization, but which

I at that time thought was sufficient to admit me to citizenship.

After the armistice I remained in France, after obtaining permission from the

Army authorities to do so, and having procured work with the American Graves

Registration Service.

I applied for an American passport through the American Consulate at Bordeaux. I was first granted a temporary passport, and some time later a regular

passport was issued to me through the Embassy in Paris. Since I was discharged

from the United States Army in 1919 I have been working in France in various

capacities for the Graves Registration Service and the American Battle Monuments Commission. My present position is that of assistant superintendent of

the St. Mihiel American Cemetery, near Thaincourt, France.

In June 1941 the American personnel of the American Battle Monuments

Commission establishments in France and Belgium was ordered to return to the

United States, and I, together with my wife and children, returned on American

passports. I am now assigned to temporary duty with the Commission's office

in Washington.

Upon my arrival in Washington I contacted the Immigration and Naturalization Service of the Department of Justice in order to obtain documentary proof

of my naturalization. My case was investigated and I have been informed

that I was never actually admitted to citizenship; that the four American passports granted me, as well as those provided to the members of my family, were

issued in error; and that I never had any legal right to consider myself an American

citizen. Thus, due to misunderstanding on my part, and misinformation or lack

of information on the part of the Government agencies concerned, I now find

myself and my family in a distressing position, and perhaps even without the

right to reside in the United States.

For more than 30 years I have faithfully served the interest of the Government

and people of the United States as a soldier in the Government service. I have,

during these same years, considered myself to be a loyal American citizen and

have discharged the obligations of American citizenship. I hereby appeal to

your committee in order that my case may be considered in the light of the foregoing circumstances and that any possible action be taken in order that I and my

family may be properly admitted to citizenship in the United States. I understand that your committee has before it a bill (H. R. 6250), recently passed by

the House of Representatives, to amend certain provisions of the "Nationality

Act of 1940. If your committee should deem it to be appropriate to amend the

bill to provide for the formal naturalization of former American soldiers, I am

sure that all veterans in my circumstances, and certainly I and my family, would

be eternally grateful for the recognition thus extended to us.

I should like to add that I did not present my case to the House of Representatives, because I have only recent!}' been informed that H. R. 6250 was pending

in Congress.

Respectfully yours,

(Signed) JOHN M. WENETA.
54 TO AMEND THE NATIONALITY ACT OF 1940

FEBRUARY 12, 1942.

Hon. JOHN J. PERSHING,

Chairman, The American Battle Monuments Commission,

Washington, D. C.

MY DEAR GENERAL PERSIUNG: I have your letter of January 19, 1942, requesting advice as to the relationship of the provisions of H. R. 6250 "to amend the

Nationality Act of 1940", to the program of the President, and submitting a

draft of a proposed letter to the chairman of the Senate Committee on Immigration, regarding the status of one .John M. Weneta, an employee of the European

office of the American Battle Monuments Commission.

The originals of Mr. Weneta's letter and your proposed letter are returned

herewith, and you are advised that there would be no objection to the submission

thereof to the committee. There is enclosed, for your information in this connection, a copy of a letter dated February 9, 1942, from the Attorney General

setting forth his views on the subject.

Very truly yours,

(Signed) HAROLD D. SMITH, Director.

Enclosures: Original of letter to Senate Committee on Immigration. Original

of Mr. Weneta's letter. Copy of Attorney General's letter dated February 9,

1942.

FEBRUARY 9, 1942.

Hon. HAROLD D. SMITH,

Director, Bureau of the Budget,

Executive Office of the President, Washington, D. C.

MY DEAR MR. SMITH: This acknowledges vour letter of January 21, 1942,

concerning the enclosed proposed letter of the Chairman of the American Battle

Monument* Commission to the chairman of the Senate Committee on Immigration, together with a copy of a letter dated January 17, 1942, from John M.

Weneta to the chairman of the Senate Committee on Immigration, relating to

the desire of Mr. Weneta to become a naturalized citizen of the United States.

It appears from the accompanying letters that Mr. Weneta has been an employee of the American Battle Monuments Commission since 1919 when he was

honorably discharged from the United States Army.

The files of the Immigration and Naturalization Service of this Department

disclose no information concerning this matter other than the fact that on November 22, 1918, Mr. Weneta, while still in France, executed a petition for naturalization and took an oath of allegiance to the United States before an officer of the

United States Army. This was done pursuant to the act of May 9, 1918 (40

Stat. 542), which permitted an alien serving in the armed forces of the United

States to file a petition for naturalization without making a preliminary declaration of intention and without proof of 5 years' residence in the United States.

It also appears that the petition was never filed in a naturalization court in the

United States and that no court order was entered admitting Mr. Weneta to

citizenship, although it was later determined that such action was necessary.

Consequently, he did not acquire United States citizenship.

The President, in a veto message, transmitted to the Congress on October 10,

1940, returning a private bill (H. It. 7179) to permit the naturalization by private

act should be permitted, of a specified alien, stated: "Resort to naturalization

by private act should be permitted, if at all, ouly in unusual and unique

situations."

Whether or not a private bill permitting Mr. Weneta to become a naturalized

citizen of the United States by taking the naturalization oath before any court

having jurisdiction over such matters and without complying with the other

requirements of the naturalization laws, involves a situation which may be

properly regarded as being within the exceptional group, is a matter concerning

which I prefer not to make any suggestions at this time. I find no objection to

the transmittal of the proposed letter to the chairman of the Senate Committee

on Immigration.

Sincerely yours,

ATTORNEY GENERAL.
TO AMEND THE NATIONALITY ACT OF 194 0 55

FEBRUARY 6, 1942.

Hon. FRANCIS MALONEY,

Senate Office Building, Washington, D. C.

DEAR SENATOR MALONEY: I thank you for your letter of January 29, 1942,

advising me that Senator Russell, chairman of the Immigration Committee, has

referred to you my letter of January 22, commenting upon H. R. 6250. You

•were also good enough to advise me that you would submit my views to the

subcommittee considering the bill.

Should your subcommittee feel that section 307 (b) of the Nationality Act of

1940 needs clarification, I shall be glad to appear before it to amplify my views

on the subject; or, if you prefer, I shall be happy to submit a written statement.

Thanking you for your kind consideration, I am,

Yours very truly,

(Signed) KOENIUSBERG.

JANUARY 29, 1942.

Attorney JOSHUA S. KOENIOSBERO,

New York, N. Y.

MY DEAR MR. KOENIGSBERO: Senator Russell, chairman of the Immigration

Committee sent to me your letter of January 22, commenting upon H. R. 6250.

I shall submit your views to the subcommittee considering the bill.

Sincerely yours,

FRANCIS MALONEY.

JANUARY 22, 1942.

Hon. RICHARD B. RUSSELL,

Chairman, Committee on Immigration,

Senate Office Building, Washington, D. C.

DEAR SENATOR RUSSELL: There is pending before your committee, H. R. 6250,

which passed the House on January 13, 1942. This bill is substantially the same

as S. 2130, of which you are the author. Inasmuch as one of the purposes of this

legislation is to express the intention of Congress more exactly than the existing

law, I respectfully desire to take this opportunity to suggest one further amendment

relating to one of the subjects dealt with in the bill aforementioned.

I address myself to section 307 (b) (1) of the Nationality Act of 1940, which

is sought to be amended by section 2 of II. R. 6250 and section 2 of S. 2130. The

change advocated is by substituting the word "residence" for "absence" in the

Fhrase "residence abroad." In my opinion, the entire section needs clarification,

have had occasion to study this legislation in connection with an application for

the benefits of the Act of June 25, 1936, in behalf of a client, an alien declarant,

who left the United States on July 1, 1936, without having applied to the then

Secretary of Labor for ttie benefits of the act.

In my humble opinion, the said act is ambiguous and confusing, and Congress,

while dealing with this provision, should give serious consideration to changing

its phraseology so that there may be carried out the intention of aiding such classes

of persons who are engaged in work for the Government or in business which

benefits our foreign commerce.

This was the purpose of the act of June 25, 1936. There are two reported

cases construing this act, both of which contain lengthy opinions and one disapproving the other. The first is a district court opinion of Judge Igoe reported

(34 Fed. Supp. 940), In re Y.aoral. The other is a circuit court decision of the

Ninth Circuit Court of Appeals, In re Schwartz, (121 Fed. (2) 225) which specifically disapproves the 7aoral case, and which is in conflict with the administrative interpretation as promulgated by rules of the Attorney General. In the

concurring opinion of Circuit Judge Hancy in the Schwartz case, he, too, finds a

portion of the act of June 25, 1936, as being uncertain as to its meaning.

The facts in the case of my client are different from the facts in the reported

cases, in that my client left the United States a few days after the act was signed,

at which time there was no administrative machinery for the handling of an

application of this type. My client was in England on behalf of an American

company which exported approximately 25 percent of all the iron and steel scrap

from the United States to Europe during the period he was abroad, and, although,

the Immigration and Naturalization Service denied the application on a question

of law, it was conceded that he was engaged in the development of our foreign

•commerce and trade.
56 TO AMEND THE NATIONALITY ACT OF 194 0

Offhand, I know of no mode of judicial review from the decision of the Immigration and Naturalization Service, and, it is apparent, that while Congress intended

to aid certain classes of persons engaged in the development of our foreign trade,

yet. such relief cannot be had because of the uncertainty of the law.

It is my humble suggestion that while your committee is now dealing with this

soction, that it further be amended by providing that any alien declarant who has

heretofore left the United States for any of the purposes mentioned in the act, and

who is now in the United States, may make an application for the benefits of the

act at any time prior to filing a petition for citizenship. In short, it is my contention that an absence abroad should be thoroughly gone into after his return so that

the two branches of the Government charged with the enforcement of this section,

to wit, the Attorney General and the court should conduct its inquiry and make its

findings when the applicant is ready for citizenship, at which time positive proof

should be adduced that the absence was for one of the purposes enumerated in the

statute.

As a matter of fact. Congress found fault with the act of June 25, 1936, because

certain aliens did not obtain the approval of the Secretary of Labor in good faith,

as their purpose was mcrelv to obtain the approval for subsequent naturalization

purposes and then left the United States and engaged in other activities.

The following is quoted from the bottom of page 3 of Report No. 2659 accompanying House Joint Resolution 681 (75th Cong., 3d sess.1, which ultimately

became the act of June 29, 1988.

"Experience with the administration of the 1936 enactment has shown the

following: That aliens employed abroad within the categories described in the

act, but who have apparently not maintained residence in the United States or

have not been in the United States, apply for immigration visas, secure leave

of absence from their employment, come to the United States where they ostensibly secure lawful admission for permanent residence, make declaration of intention, apply to the Secretary of Labor for a finding that "absence from the United

States * * * is to be5' for one of the purposes described in the act, thereafter depart from the United States and resume the performance of the duties in

which they have been previously engaged."

The Immigration and Naturalization Service in my client's case, ruled that

it is a mandatory requirement of the statute that an applicant of the classes

designed to be benefited by the act, must first obtain approval. Under such

construction, the bona fide businessman or Government employee would break

the continuity of his residence, in my opinion, the moment he departed, if he

did not, prior thereto, establish to the satisfaction of the Attorney General that

he is of the excepted class. His failure to do so operates as a fatal break in the

continuity of his residence; while another alien, not a declarant, may absent himself for a whole year for business or pleasure without breaking the continuity of

his residence, under section 307 (b) of the Nationality Act of 1940. which was the

fourth subdivision of section 4 of the act of June 29. 1906, as amended by the

act of March 2. 1929.

I think you will agree that the subject needs clarification, and while I have

not taken "up with the Attorney General's office the suggested amendment, I

doubt if his office would have any objection thereto.

Shoidd you desire, I will be very happy to submit a further memorandum on

the subject, or. if you wish. I will be glad to appear before your committee in

support of such an amendment.

Yours very truly,

KoEXtGSBEBG.

FEBRUARY 16. 1942.

Miss CLARA E. SMITH.

Clerk. Committrt on Immigration,

Senate Office Building. Washington, D. C.

MY DEAR MISS SMITH: A court engagement prevents me from appearing

before the Committee on Immigration on Tuesday. February 17, 1942. which is

considering H. R. 6250. notice of which you were good enough to send me.

May I ask you to be good enough to submit the enclosed statement to the committee, and should it desire to examine me further. I will be glad to appear before

the committee some day next week.

Thanking you for your courtesy. I am.

Yours verv trulv,

KoKXIGSBKRG.
TO AMEND THE NATIONALJTY ACT OF 1940 57

STATEMENT

Mr. CHAIRMAN. I respectfully address myself to section 2 of H. It. 6250, nowbeing considered by your committee, which deals with an amendment to section

307 (b) (1) of the Nationality Act of 1940, which would substitute the word

"absence" for the word "residence" in the phrase "residence abroad." It appears

from a letter by the Attorney General to the Speaker of the House, dated December

6, 1941, that the purpose of this amendment is to express the intention of Congress

more exactly than the existing law.

It is my opinion that tills section, with the proposed amendment, is ambiguous

and confusing, and while your committee is dealing with this provision, I respectfully suggest that its phraseology be changed so that there may be carried out the

original intention of Congress, when the act of June 26, 1936 was under consideration before it, which was to aid such classes of persons who were engaged in work

for the Government or in a business which benefited our foreign trade and commerce (see H. Rept. No. 516 on H. R. 4900, 74th Cong., 1st sess., and S. Rept.

No. 2159 on H. R. 4900, 74th Cong., 2d sess.).

There are two reported cases construing this law, both of which contain lengthy

opinions, and one disapproving the other. The first is a district court opinion of

Judge Igoe reported in 34 Federal Supplements 940, In re Zaoral. The other is a

circuit court decision of the ninth circuit court of appeals, In re Schwartz (121 Fed.

(2) 225), which specifically disapproves the Zaoral case, and which is in conflict

with the administrative interpretation as promulgated by rules of the Attorney

General. In the concurring opinion of Circuit Judge Haney in the Schwartz case,

he, too, finds a portion of the act of June 25, 1936, as being uncertain as to its

meaning.

I had occasion to study the provisions of section 307 of the Nationality Act of

1940, in connection with an application submitted in behalf of a client who left

the United States a few days after the act of June 25, 1936, was signed, at which

time there was no administrative machinery for the handling of an application of

this type. My client was in England on behalf of an American company which

exported approximately 25 percent of all the iron and steel scrap from the United

States to Europe during the period he was abroad, and, although the Immigration

and Naturalization Service denied the application on a question of the construction of the law, it was conceded that he was engaged in the development of our

foreign commerce and trade.

I respectfully suggest that section 307 of the Nationality Act of 1940 be amended

by having it read in the past tense, as hereinafter set forth. Subsection (c) of

section 307 should also be amended for the following reason: Between June 25,

1936, and the passage of the act of June 29, 1938, it was not necessary for an alien

who had made a declaration of intention to have resided in the United States for

at least 1 year to obtain the benefits of this relief measure. The joint resolution

of June 29, 1938, amended the act of June 25, 1936, to apply to those declarants

who had resided here for at least 1 year.

Section 307 (c) of the Nationality Act of 1940, which originally was part of the

act of June 25, 1936, was aimed to extend the benefits of the act to those who were

out of the country at that time, and under this paragraph the alien had to prove

to the satisfaction of the Attorney General and the court that he was absent for

one of the reasons mentioned in said act.

Inasmuch as the entire section deals with residence requirements of an alien

•who has applied for citizenship, it is earnestly urged that the proper time to pass

upon his absence is the time he is applying for citizenship and not years in advance,

particularly and unfortunately, because there are no statutory requirements compelling an alien to become a citizen. As a matter of fact, a requirement that the

alien must have resided in the United States for 1 year as provided for in the act

of June 29, 1938, does not cure the evil which Congress set out to remedy by its

enactment.

The following is quoted from the bottom of page 3 of Report No. 2659 accompanying House Joint Resolution 681, (75th Cong., 3d sess.), which ultimately

became the act of June 29, 1938.

"Experience with the administration of the 1936 enactment has shown the

following: That aliens employed abroad within the categories described in the act,

but who have apparently not maintained residence in the United States or have

not been in the United States, apply for immigration visas, secure leave of absence

from their employment, come to the United States where they ostensibly secure

lawful admission for permanent residence, make declaration of intention, apply to

the Secretary of Labor for a finding that 'absence from the United States * * *

is to be' for one of the purposes described in the act, thereafter depart from the
58 TO AMEND THE NATIONALITY ACT OF 1940

United States and resume the performance of the duties in which they have been

previously engaged."

As stated above the proper time to delve into an applicant's qualifications for

citizenship is the time he is applying for citizenship, and the administrative agency

charged with the enforcement of this act should oblige the applicant to prove to

its satisfaction not only that he possesses the educational and moral standards,

but also the residence requirements. At this time there can be passed upon not

only what his intention was when he left the United States, but what his activities

were, and if such applicant proves to the satisfaction of the administrative agency

that he was absent from the United States because he had been carrying on one

of the activities exempted by statute, then that agency can pass on a finished

product and make its recommendation to the court.

A close study of section 307 of the Nationality Act of 1940, leads to the conclusion that it was the intent of Congress to deal with an applicant as to his eligibility for naturalization at the time he formally applies for citizenship. The veryopening sentence of section 307 states, "No person, except as hereinafter provided

in this chapter, shall be naturalized unless such petitioner, (1) immediately preceding the date of filing petition for naturalization, * * *." There are many

more similar references in said section, for instance, "admission to citizenship,"

"filing petition for citizenship," "final hearing," etc., which clearly shows that

residence requirements were to be gone into at the time the applicant petitions

for citizenship.

The two branches of the Government charged with the enforcement of the section, to wit, the Attorney General and the Court, should conduct its inquiry and

make its findings when the applicant is ready for citizenship, at which time

positive proof should be adduced that his absence was for one of the purposes

enumerated in the statute.

In view of the foregoing, it is respectfully suggested that section 307 be amended

by striking out the comma after the word "residence" in the phrase "shall break

the continuity of such residence" in subsection (b), and placing a period in lieu

thereof. The remaining portion of said subdivision as well as subdivision (1), (2),

and (2c) should be stricken out, and in their stead, the following:

"No period of absence from the United States for which continuous residence

in the United States is required by the naturalization laws, shall break the continuity of such residence if such alien proves to the satisfaction of the Attorney

General and the Court that during all such periods of absence he has been employed by, or under contract with the Government of the United States, or an

American institution of research recognized as such by the Attorney General, or

was employed by an American firm or corporation engaged in whole or in part

in the development of foreign trade and commerce of the United States or a subsidiary thereof, or whose absence abroad was necessary for the protection of the

property rights in such countries of such firm or corporation, and such alien

proves to the satisfaction of the court that his absence from the United States

for such period or periods has been for such purposes."

Such an amendment would be in harmony with Section 308 of the Nationality

Act of 1910, relating to clergymen, etc., whose absence abroad is not passed upon

until he returns to the United States and applies for citizenship.

Respectfully submitted.

JOSHUA S. KOENIOSBERG,

Attorney at Law, New York, N. Y.

NEW YORK, N. Y., February 17, 191,2.

SENATE IMMIGRATION SUBCOMMITTEE ON H. R. 6250,

Senate Office Bvilding, Washington, D. C.

GENTLEMEN: We are submitting for the record of the hearings on H. R. 6250,

a statement for the American Committee for Protection of Foreign Born.

Sincerely yours,

ABNER GREEN, Secretary.

STATEMENT CONCERNING H. R. 6250 FOR THE RECORO OF THE PUBLIC HEARINGS HELD BY THE SUBCOMMITTEE OF THE SENATE IMMIGRATION COMMITTEE

ON TUESDAY, FEBRUARY 17, 1942, AT 10:30 A. M.•ENTERED BY THE AMERICAN COMMITTEE FOR PROTECTION OF FOREIGN BORN, NEW YORK, N. Y.

H. R. 6250, introduced by Representative Samuel Dickstein, of New York,

was passed by the House of Representatives without a record vote on January

13, 1942. The bill provides for several technical changes in the Nationality Act
TO AMEND THE NATIONALITY ACT OF 1940 59

of 1940 and contains a remedial provision granting special naturalization privileges to noncitizens who arc 50 years of age or older and who entered the Imited

States before July 1, 1924.

However, the bill contains one provision (sec. 8) which, if enacted, would

seriously affect the status and democratic rights of more than 10,000.000

naturalized American citizens.

Section 8 of H. R. 6250 provides that a naturalized citizen may have his

citizenship canceled at any time if it is proved that "his utterances, writings,

actions, or course of conduct establishes that his political allegiance is to a foreign

state or sovereignty."

This provision is unnecessary. The Federal courts sustained action by the

United States Government during the first World War canceling the American

citizenship of pro-Germans on the ground that their conduct after naturalization

establishes that they were guilty of fraud in renouncing allegiance, when in fact

they did not give up their allegiance to their country of origin.

We believe that no citizen, whether native-born or naturalized, who seeks to

help the enemies of our country should be permitted to be free but should be

punished under the laws covering treason already on our statute books and enacted

in order to defend the country and to protect us against disloyal Americans.

However, section 8 of H. R. 6250 would undermine the security and the status

of naturalized citizens and, thereby, would serve the Axis plans for disuniting the

American people by spreading unwarranted suspicion against Americans of foreign

birth-•the majority of whom are wholeheartedly loyal and devoted to our democracy and anxious to do whatever they can to help win this war.

Under section 8 of H. R. 6250, the conduct of the immigrant after naturalization

could be the subject of constant investigation. We want our naturalized citizens

to be free and honest Americans. Once an immigrant becomes a citizen, he must

be accorded equal treatment with native-born Americans. Any other procedure

establishes, in effect, two kinds of American citizens and seriously weakens our

unity and democracy in our country by singling out foreign-born citizens for

special treatment•a procedure alien to our Constitution and our Bill of Rights.

The American Committee for Protection of Foreign Born supports every measure that will serve to protect America and that will help to insure victory in our

war against Hitlerism. Since this provision will hurt, rather than help, our war

effort for victory, we urge that section 8 of H. R. 6250 be deleted from the bill and

that it be reported to the United States Senate by your committee in amended

form.

[Telegram]

STAMFORD, CONN., February 12, 1942.

SENATOR MALONEY: The Lions Club of Stamford, Conn., went on record

today as being unanimous against H. R. 6250, section 304, and request your support

against same.

Dr. J. STARRETT,

President Stamford Lions Club.

[Telegram]

STAMFORD, CONN., February 17, 1948.

Messrs. DANAHER and MAI.ONEY,

United States Senators:

We, the Stamford Business and Professional Womens Club, Inc., affiliated

with the National Federation of Business and Professional Womens Clubs,

Inc., protest most stronglv against the bill, H. R. 6250•a bill to amend the

Nationality Act of 1940, section 304A.

MADELINE H. MACMAHON, President.

[Telegram]

BRIDGEPORT, CONN., February 17, 1942.

FRANCIS T. MALONEY, Senator:

The Catholic Daughters of America in Connecticut, numbering over 300

members, protest the passage of the bill granting citizenship to people who cannot

read or write the English language.

MABEL A. LAVEY, State Regent.
60 TO AMEND THE NATIONALITY ACT OF 1940

[Telegram]

STAMFORD, CONN., February 10, 191,2.

Hon. FRANCIS T. MALONEV,

Senate, Washington, D. C:

Stamford Rotary Club today voted 100 percent against bill, H. R. 6250, section 304A. May we have your reaction.

K. F. MERLIN, Secretary.

FIRST PRESBYTERIAN CHURCH,

Stamford, Conn., February 14, 1942.

Senator FRANCIS T. MALONEV,

The Senate, Washington, D. C.

MY DEAR SENATOR MALONEY: A good many of us who work with the foreignborn and are trying to make good American citizens out of them are worried over

House bill H. It. 6250, section 304A.

If this bill goes through as it now stands a great deal of the work of many of

us who have given time trying to train people for citizenship will be completely

stultified. One of the problems we have with the foreign-born is that our citizenship is held too cheaply.

I understand that you are connected with this bill and hope very much that

you will give it scrutiny from the point of view which I have mentioned.

Sincerely yours,

GEORGE STEWART, Minister.

[Telegram]

BRIDGEPORT, CONN., February 9, 1942.

Senator MALONEY,

Senate Office Building, Washington, D. C.

Because time is short Mary Silliman Chapter, Daughters of the American

Revolution of Bridgeport, Conri., is appealing to you directly to veto section 304A

of House bill 6250 which provides that any alien fifty years old resident since

July 1924 shall not be required to speak English or sign his petition for citizenship

in his own hand writing or meet other educational requirements.

MARGDEREITE STRONG, Regent,

KATHERINE T. WADSWORTH,

Chairman of Americanization.

DEPARTMENT OF ADULT EDUCATION,

Hamden, Conn., February 16, 1942.

Hon. FRANCIS MALONEY,

United Slates Senate, Washington, D. C.

DEAR SIR: At a meeting of the State directors of adult education at the New

Haven Teachers College, Saturday, February 7, a discussion was held relative

to section 304A of H. R. 6250 which, as you know, deals with the naturalization of

alien-born people. It was the consensus of the meeting that a committee be

appointed by the State supervisor, Dr. E. W. Ireland, with power to act in the

submission of objections to this particular section of this bill. The writer was

appointed chairman of this committee, assisted by Miss Katherine Finnegan, of

New Haven and Miss Bernice Schrader, of Fairfield.

I am enclosing, herewith, a summary of these objections so that you may be

enlightened as to the viewpoint of the State directors. It was also felt that it

would be an excellent idea if the State department of adult education could be

informed in some way of similar acts so that the opinion of people whose business

is concerned to a great extent with alien adults in Connecticut might furnish

their opinions upon matters of this type. These viewpoints would naturally be

based upon many years of experience in this area.

Anent this point, it perhaps would not be out of place here to cite the passage

last year of a bill dedicating the Government to the expense of $14,000,000 for

the'purpose of assisting in the education of aliens, and so restricting the funds that

they were of no practical value to the State or the country whatsoever. Incidentally, these funds were probably of no practical value to the State or the

country, anyone anywhere; and it was the opinion of the group that this type of

thing is characteristic and is very much to be criticized, since people who make
TO AMEND THE NATIONALITY ACT OF 194 0 61

these laws are prone at times to fail in consulting people with experience in matters

of this kind. It is the hope of the directors of adult education in the State of

Connecticut that before any further action is taken upon section 304A that very

close consideration be given to the enclosed, and that if necessary, people who

arc in the business be requested to appear personally and express their views in

this matter, which is a very important one. It is our feeling that section 304A

of this bill should be deleted when it comes up for action on Tuesday, February 17.

Very truly yours,

EDWARD J. BROWX,

For the Committee, State Directors of Adult Education.

At a meeting of the directors of adult education in Connecticut at the State

Teachers College on Saturday, February 7, the following dissenting opinions were

expressed in reference to section 304A of H. It. 6250. There were no favorable

or supporting arguments:

I. This bill is contrary to a fundamental and basic philosophy which has been

the guiding force in the field of alien education for many years. Briefly, this

philosophy has had for its primary purpose and effective outcome, the education

of aliens to the end that they might become good and valuable American citizens,

not only as far as the community, State, and Nation are concerned, but also in

relationship to their personal lives. Since the close of the last World War, there

has been a tremendous hue and cry for the education of aliens that they might

be properly assimilated in the great "melting pot" known as America.

II. Last year, following the registration of aliens, it was found that millions

of people residing within our boundaries were, in a certain sense, in our country

rather than of it. Then Congress, in characteristic fervor, appropriated $14,000,-

000 to enlarge and increase the scope of work in this field based, unquestionably,

upon the philosophy briefly enunciated above. The passage of section 304A

would unquestionably make the use of these funds considerably less effective,

since the number of people who could profit from their use would be cut in half.

On this basis alone, it perhaps might be advisable to return $7,000,000 to the

Government.

III. The bill states that the alien (lines 4 to 10) "may thereafter file petition

for naturalization and be admitted to citizenship upon full and complete compliance with all requirements of the naturalization laws, except they shall not be

required to speak the English language, sign declaration or petition in their own

handwriting, or meet other educational requirements." This statement immediately poses the questions, "In what language will the oath of allegiance be

given?" "Who will sign the petition?" In the State of Connecticut, if it may

be assumed, and, I think it well may, approximately 75,000 aliens will be affected

by this bill, and it is a matter of policy that an investigation of the application

be made. Will it not be necessary to investigate the signer of the petition? If

this should be necessary, and it would certainly seem advisable, it, would mean

that it would have to be an investigation of 150,000 people, etc., ad infinitum.

In this connection, may I say that the naturalization services of the State of

Connecticut are already working at a tremendous pace and, if this large number

of prospective citizens should try to make application on the same day, or the

same week, or even the same month, you can well imagine the confusion that will

arise. And since, of course, these people are not required to speak English, it

must be borne in mind that they will then be subjected to the influence of language

newspapers such as Italian, Polish, etc., without the counteracting influence of

the American press. To our wav of thinking, this is certainly not a desirable

situation for American citizens. A newspaper can be insidiously effective at times.

IV". It has already been demonstrated that the effect of this bill upon the aliens

has been something like this: you can buy American citizenship for a $5 bill. One

such occasion has already been cited of the individual who came into the court,

put down his $5, and said he wanted to be a citizen. It seems to us to have a

deleterious effect, and combined with other circumstances of the moment, might

tend to lessen among the foreign classes the high feeling which we hold in respect

to the great privileges of American citizenship.

V. In defense of this bill, unquestionably you have heard the examinations are

too difficult for people of this age, and consequently they should not l>e subjected

to such rigors. For your information, no one has ever been dismissed from the

privileges of citizenship in the New Haven district for 18 years at least, who has

indicated that he has made the effort. This destroys the argument.
62 TO AMEOT THE NATIONALITY ACT OF 194 0

VI. How many people would be affected by this bill? At the last registration

of aliens there were 150,000 aliens in Connecticut, and it is estimated that 50 percent of these would be affected, making a total of about 75,000. While this is not

an accurate number it is based upon a survey of New Haven, which in its night

schools has an enrollment of 2,100 people of whom 1,100 were found to fall within

this group. We should be glad to submit through the State Department more

exact figures in this respect.

VII. Finally, it seems to us that the passage of this bill would destroy the

moral force which the law as it now stands contains by virtue of its insistence

that the alien be educated as far as possible, not only that he may be able, to a

certain extent, to appreciate the fullness of American life through the medium of

the written and the spoken word but that he may be made to understand that

American citizenship is a sacred privilege and one to be striven for with the greatest effort. It is not, indeed, a scrap of paper signed by proxy, and it is more than

a declaration to one country of meaningless words in the language of another

whose value finally is a $5 bill.

We, therefore, urge that section 304A on the basis of the aforementioned statements, and others which unquestionably could be added, be stricken from H. R.

6250.

(Telegram)

STAMFORD, CONN., Febrvary 16, 1942.

Senator F. T. MALONEY,

Senate Office Building, Washington, D. C.

Our council protest section 304A, H. R. 6250. We have worked for years for

an intelligent citizen. Citizenship has responsibilities not just privileges. You

cannot be for America if you do not know her language, her history, and her

Government.

SARAH F. SMITH,

President, Connecticut Council of Adult Education.

[Telegram]

STAMFORD, CONN., February 16, 1948.

Senator F. T. MALONEY,

United States Senate, Washington, D. C.

Protest bill H. R. 6250, section 304A. Preparation necessary for citizenship.

This plan completely disrupts our program of immigrant education in Connecticut.

Measures of this kind weaken our defense and make citizenship meaningless.

LEON C. STAPLES,

Superintendent of Schools.

JANUARY 26, 1942.

Hon. FRANCIS MALONEY.

United Stales Senator from Connecticut,

Washington, D. C.

DEAR SENATOR: I understand legislation is pending to allow ignorance for

persons over 50 years of age to be a badge of American citizenship. I have

charge of the naturalization office in Fairfield County and I have had a good opportunity to observe the pitifully few requirements necessary to pass a citizenship

examination. Are we going to eliminate even them?

I have always been sympathetic toward the person seeking citizenship, but I

believe it is foolish to encourage sentimentality on the problem, or to make

American citizenship so cheap that its value in the minds of the newly made as

well as the old citizens is exactly the price of $5 paid upon filing of the petition.

The proposed legislation will discourage persons from even making the effort

to learn. They will own a piece of paper making them citizens, but they will

never know what American stands for. If even the simple requisites of citizenship now in existence are abolished, I should also suggest the elimination of the

oath of allegiance. Even today, unfortunately, a number of new citizens do not

understand the words in the oath of allegiance. If the bars are completely let

down, it is ridiculous to act out in open court the mummery of speaking words to

persons over 50 which they do not understand, and furthermore, are not interested

in understanding. I believe the judges of the individual courts can take care of
TO AMEND THE NATIONALITY ACT OF 1940 63

deserving cases over certain age limits. They have been doing it in the past.

To make this mandatory simply because of one's reaching a certain age limit

after living here for a certain number of years, is indeed foolish.

I trust you will do your best to defeat such a proposal.

Very sincerely yours,

GEORGE A. SADEN.

STAMFORD, CONN., February 13, 1942.

Hon. FRANCIS T. MALONEY, ,

Senator from Connecticut, Washington, D. C.

SIR: AS chairman of the Americanism Committee of Stamford Chapter,

Daughters of the American Revolution, I feel I must write to you immediately to

express my disapproval of H. R. 6250 which I understand is now under consideration by the Senate.

Section 304A seems particularly dangerous. If persons over 50 who entered

America before July 1, 1924, are allowed to become citizens without meeting the

usual requirements as to an understanding of English and ability to write their

signatures, it will be an injustice to all those who have been admitted to citizenship

through their own striving to learn our language and to understand the principles

of our Constitution. Moreover, it will be an injustice to themselves, for they may

easily become prey, perhaps unwillingly, to the pressure of disloyal groups.

Is the oath to be administered in English, or in what language? Can it possibly

be constitutional to admit a citizen who does not know to what oath he is swearing?

The National Society of Daughters of the American Revolution has for many

years encouraged the newcomers to our land, and any such proposal as that

embodied in H. R. 6250 runs in direct opposition to the constructive principles

for which it stands.

Thank you for your consideration of this matter.

Respectfully yours,

RACHEL B. (Mrs. W. D.) CANADAY.

JANUARY 30, 1942.

Senator MALONEY,

Washington, D. C.

DEAR SENATOR: In behalf of the many thousands of women, now unable to

take advantage of the right to file for citizenship, without first filing first papers,

under the acts of and pertaining to that, statute which recites (sec. 320 (54 Stat.

1148)) approved October 14, 1940, now before your committee to amend the date

to include the year 1925, we urgently solicit your support for an early passage of

same. Same bill now before your "committee and known as House bill 6250,

Nationality Act.

WOMENS VOTER LEAGUE OF SUFFOLK COUNTY.

Mrs. FRANK A. ROCHE, Executive Secretary.

HOUSE OF REPRESENTATIVES,

, Washington, D. C, February 3, 19/,S.

Hon. RICHARD B. RUSSELL,

Chairman, Senate Committee on Iimmigration,

Washington, D. C.

DEAR MR. CHAIRMAN: On April 18, 1941, I introduced H. R. 4417, which

provides that any alien eligible for citizenship who is 50 years of age or older,

who has made a declaration of intention or filed a petition for naturalization, and

who has lawfully admitted to the United States for permanent residence prior to

February 5, 1917, and has ever since said lawful entry maintained a bona fide

residence in the United States, may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following

exceptions: "Petition for naturalization may be filed without regard for the 7-year

limitation on the declaration of intention and the applicant shall not be required

to sign his petition in his own handwriting or to speak the English language, and

he shall be exempt trom all educational requirements. Nothing herein shall be

held to waive or in anywise relax the requirement for good moral character."

H. R. 6250, which is now before your committee, is a similar bill and contains

most of the provisions of my bill. I therefore ask your committee to vote for the
64 TO AMEND THE NATIONALITY ACT OF 1940

passage of this bill, because it gives relief from the stringent naturalization laws

to the real forgotten people of our Nation. Some of these people came to this

great America in the 1880's and 1890's, young, honest, industrious people, who

never really had the time or the opportunity to learn how to read and write.

They married, had large families, and have given their best years in honest labor.

Many are property owners and taxpayers. Many had sons and daughters who

served our great country in the World War and are today giving their lives in the

great battle in which we are now engaged, for the preservation of our free institutions. The sons and daughters of others are today m the vanguard of America's

progress. Yet these same clean-living people of America cannot become citizens

unless they pass an examination that would probably "flunk" a high-school

graduate or perhaps a college graduate. If the only requirements for citizenship

were contributions to national wealth through honest labor and love for democracy,

almost all of our noncitizens could easily become citizens.

There are thousands of people in the United States who have made application

for their first and second papers but who failed to pass the examination. In

making application they renounced allegiance to their native countries, and yet

they are not citizens of the United States. They love America, they belong to

America, they are willing to fight to defend America and keep it democratic and

free, so why deny them citizenship?

The Committee on Immigration and Naturalization of the House, to whom

this bill had been referred to amend the Naturalization Act of 1940 so as to

strengthen our national defense, approved it with the recommendations of the

Attorney General and the Navy and War Departments, and it was passed unanimously by the House on January 13. I hope your committee will favorably

consider H. It. 6250 at an early date.

Thanking you for your kind attention to my request, I remain,

Sincerely yours,

THOMAS D'ALESANDRO, M. C,

Third District, Maryland.

[Telegrams]

DAYTON, OHIO, February SO, 194$.

Senator FHANCIS MALONEY,

Senate Committee on Immigration, Washington, D. C.

International Institute Committee of Dayton Young Women's Christian

Association urges favorable consideration of H. R. 0250, especially section 3,

waiving educational requirements for naturalization of aliens over 50 years.

EVELYN C. BASSETT, Secretary.

GREENWICH, CONN., February 19, 1948.

Senator MALONEY: The Third District Department of Connecticut, the

American Legion, meeting, held February 18, voted unanimously in opposition

to section 304A of H. R. 6250 which would permit the making of citizens without the requirement to read write and to speak English.

GEO. C. DELAGE,

District Adjutant.

DULUTH, MINN., February SO, 194S.

Senator FRANCIS MALONEY: We urge your support of H. R. 6250 especially

section 3.

INTERNATIONAL INSTITUTE OF THE Y. W. C. A.,

H. TIBBETTS, Chairman.

PATERSON, N. J., February 19, 194$.

Hon. FRANCIS MALONEY: Nationalities communities committee, Young

Women's Christian Association, Paterson, N. J., urges passage of bill H. R.

6250, section 3, knowing great difficulties of old people of foreign births,

loyal, with American-born children, to meet educational requirements on account

of lack of early training in native country.

LEONA C. HAGEN.
TO AMEND THE NATIONALITY ACT OF 1940 65

PATERSON, N. J., February 19.

Hon. FRANCIS MALONEY: Young Women Christian Association, Paterson,

N. J., urges passage of bill, H. R. 6250, especially urge passage of section 3.

Because of our experience in working with loyal aliens. Over 50 with Americanborn children, realize imperative need for adjustment education requirements.

NELL DOREMUS.

SAN ANTONIO, TEX., February 20, 194S.

Senator FRANCIS MALONEY: We urge you support and work for H. It. 6250.

MARIE S. WATKINS,

Executive, International Institute.

NEW YORK, N. Y., February 19, 1942.

Senator FRANCIS MALONEY: Out of my experience as field secretary for 30

local Y. W. C. A. branches and departments working directly with foreign-born

women, I strongly urge passage of section 3, H. R. 6250, as the only solution to

the problem of elderly illiterates.

ETHEL BIRD,

National Board, Y. W. C. A.

NEW YORK, N. Y., February 19, 191,2.

Senator FRANCIS MALONEY: The public affairs committee, drawing on the experience of 30 years of work with women of foreign birth through the national

board of the Y.W. C. A., urge the passage of section 3 of H. R. 6250 as the only

realistic way of lifting the older-age group out of alien classification.

Dr. EMILY HICKMAN, Chairman.

COMMON COUNCIL FOR AMERICAN UNITY,

New York City, February 18, 1942.

Hon. FRANCIS MALONEY,

United Slates Senate, Washington, D. C.

DEAR SENATOR MALONEY: In connection with the hearings which you have

been holding on H. R. 6250, to amend the Nationality Act of 1940, I want to

express the support of our organization for this important measure.

From the standpoint of the present emergency, one of its most important provisions, we believe, is section 3 which would facilitate the naturalization of aliens,

50 years of age or over, who have resided in the United States for at least 17 years

and who meet all of the requirements of our naturalization laws other than the

so-called educational requirements. Some doubt, we understand, has been expressed regarding this particular provision, but from long experience with work

in this field, we believe the provision is desirable, particularly at this time. Most

of those affected are men and women who were denied educational opportunities

in their home countries and who are beyond the years when it is easy to learn a

new language. Where these men and women desire to become citizens and meet

the rigid tests of character and loyalty, we believe it will be an important contribution to national unity and sound citizenship and morale, if their naturalization is permitted.

Section 8 of the bill permitting the cancelation of naturalization on the ground

that a person's "utterances, writing, actions or course of conduct, establishes that

his political allegiance is to a foreign state or sovereignty" raises a number of

serious questions in the field of civil liberties. Perhaps the war emergency

justifies so far-reaching a provision, but we believe it should be limited to the war

period and not made a part of our permanent legislation. We hope your committee will give favorable consideration to such an amendment.

Sincerely yours,

READ LEWIS, Executive Director.
66 TO AMEND THE NATIONALITY ACT OF 194 0

THE MIDDLETOWN CITY SCHOOL DISTRICT,

Middletown, Conn., February 11, 1942.

Senator FRANCIS T. MALONEY,

Senate Office Building, Washington, D. C.

MY DEAR SENATOR: For many years city and State, governments have believed

it desirable to educate the adult alien. To this end, sums of money have been

appropriated for the establishment of public schools at which the adult alien

has opportunity to learn our language, customs, and ideals. The action of the

United States Congress, in making available somewhat more than ten million

dollars to aid in wiping out illiteracy and preparing aliens for good citizenship,

indicates that our National Government shares this belief.

Recently I have heard rumors, for which I have been unable to find any confirming reports in the newspapers, that the House of Representatives has passed

a bill which would eliminate all educational requirements for naturalization of

aliens over 50 years of age who have fulfilled certain other requirements.

If this rumor has foundation, I wish to express my opposition to the passage

of any such bill. The opportunities for meeting educational requirements are

present today as they have been for many years. Unwillingness on the part of

some aliens to avail themselves of these opportunities should not be rewarded,

and thus lower the standards for citizenship both educationally and morally.

If it is desirable to admit to citizenship a larger number of aliens, may I suggest that this could be accomplished by increasing the personnel of the Immigration and Naturalization Service so that the tremendous backlog of candidates,

presumably well qualified, could be acted upon. Whereas the law requires a

waiting period of 90 days from the time the petition is presented until the candidate may appear in court, it is usually well over a year before he is called.

If a bill such as I have described above is under consideration, kindly send me

a copy of it.

Yours truly,

EDWARD B. FILLBACH.

GOVERNOR JOHN WINTHROP CHAPTER,

DAUGHTERS OF THE AMERICAN REVOLUTION,

Stamford, Conn., February IS, 191,2.

Hon. FRANCIS T. MALONEY,

Washington, D. C.

MY DEAR MR. MALONEY: I wish to enter a protest for myself and 50 members of the Governor Jodn Winthrop Chapter, Daughters of the American Revolution, against H. R. 6250, section 304A, which amends the Nationality Act, 1940.

This amendment if passed will let down the bars to such an extent that what

has been gained in past years is simply destroyed. To my mind this is a very

weak legislation, and should not have been passed in the House without it being

brought to the attention of the American people.

We have tried to educate our aliens through the night schools. If they are

allowed to become citizens without speaking the English language or writing their

names, how in God's name are they going to vote intelligently?

Very truly yours,

LILLIE M. WILKINSON, Regent.

THE FELLOWSHIP OP RECONCILIATION,

New York City, February 4, 1942.

Hon. RICHARD B. RUSSELL,

Chairman, Senate Immigration Committee,

Washington, D. C.

MY DEAR SENATOR RUSSELL: I am confident that the 10.000 members of the

Fellowship of Reconciliation in the United States would wish me to express to

your committee their strong disapproval of H. R. 6250, the bill which would

permit our courts to revoke the citizenship of any naturalized American whose

utterances, writings, actions, or course of conduct establishes that his political

allegiance is to a foreign state or sovereighty."

I urge that your committee give a full hearing on the bill and that report

against so un-American a proposition as the proposal just cited. If we wish for

American unity it would be the greatest mistake to discriminate between different

classes of American citizenship as the above bill tends to do. Democratic procedure makes it necessary that naturalized citizens be regarded as just as good
TO AMEND THE NATIONALITY ACT OF 194 0 67

native-born citizens by our law. No class of American citizens should have

special privileges and no class be subject to arbitrary discrimination.

Hoping that your committee and Members of the Senate may see the thing

this way, I am

Yours very truly,

JOHN NEVIN SATRE, Secretary.

YALE UNIVERSITY SCHOOL OF LAW,

New Haven, Conn., February 5, 1942.

Hon. FRANCIS T. MALONEY,

United States Senate, Washington, D. C.

DEAR SENATOR MALONEY: I am informed that you are the chairman of the

subcommittee before which H. R. 6250 is pending. In that bill there is a very

objectionable provision which I have taken the liberty to discuss in a letter written

last week to Senator Danaher, copy of which I herewith enclose. There is already

adequate provision in the statutes for canceling certificates procured through

fraud or illegally. If the objectionable paragraph of H. R. 6250 were included it

would open the field to witch-hunting.

With kind regards, I am,

Very sincerely yours,

EDWIN M. BORCHARD.

YALE UNIVERSITY SCHOOL OF LAW,

January 28, 1942.

Hon. JOHN A. DANAHER,

United Stales Senate, Washington, D. C.

DEAR MR. DANAHER: The House has passed and Senate will shortly consider

H. R. 6250 permitting the courts to revoke the citizenship of any naturalized

Americans whose "utterances, writings, actions or course of conduct establishes

that his political allegiance is to a foreign state or sovereignty."

Operating under the old law, the Department of Justice during the last wai

brought a number of actions under the act of 1906 for the cancelation of naturalization certificates because of alleged fraud in obtaining them where the citizen

had declined to purchase Liberty bonds or had expressed his belief that the war

was not sensible or sound and that it would not produce the advertised results.

In other words, the proceedings were directed against naturalized citizens, many

of whom had been citizens for decades, who had expressed opposition to the war.

The "fraud" was found in the alleged concealment of the supposed fact that at

the time of attaining naturalization they had concealed their implicit allegiance

to the Kaiser.

These prosecutions were not a credit to the United States nor should the courts

have yielded to the importunities of the Department of Justice. There are today

members of the Federal bench who doubted the advisability of the 1917 war and

declined to purchase Liberty bonds on that account. With this new H. R. 6250

the Department of Justice would have a free hand in canceling naturalization

certificates of people who express doubt about this war. The words "utterances,

writings, actions, or course of conduct" are so broad as to permit any unpopular

people or group to be attacked. Even if the issue is left to a jury, times of excitement will permit the Government to ride roughshod through naturalizations if

they have as broad a mandate as this act affords. Although Attorney General

Biddlc is not an A. Mitchell Palmer, his subordinates throughout the country

may readily construe an unpopular utterance or act as an indication of political

allegiance to a foreign state, whatever that may mean.

This opportunity for witch-hunting should be prevented. I am surprised that

Attorney General Biddle has permitted it to be presented as a bill. The bill as

it stands might pretty effectively cripple the freedom of speech of naturalized

American citizens. I hope you will use your influence to prevent it from being

adopted by the Immigration Committee, which I understand has the bill in charge,

or by the Senate should the committee approve.

Very sincerely yours,

EDWIN BORCHARD.
68 TO AMEND THE NATIONALITY ACT OF 194 0

UNITED STATES SENATE,

COMMITTEE ON NAVAL AFFAIRS,

January SI, 1942.

Hon. FRANCIS MALONEY,

United States Senate, Washington, D. C.

DEAR SENATOR MALONEY: I am enclosing communication sent me by J. Chafee,

Jr., of the Law School of Harvard University, which I wish you would consider

when taking up for action H. R. 6250, pending before you as subcommittee of the

Senate Immigration Committee.

With kindest regards,

Sincerely yours,

DAVID I. WALSH.

LAW SCHOOL OF HARVARD UNIVERSITY,

Cambridge, Mass., January 20, 191,2.

Hon. DAVID I. WALSH,

Senate Office Building, Washington, D. C.

DEAR SENATOR WALSH: Naturalized citizens in the United States appear to be

gravely affected by sec. 8 of H. R. 6250, the nationality bill which has passed the

House and is now pending in the Senate. I understand that it may be called up

for action this week. Consequently I am taking the liberty of calling the matter

to your attention with the hope that you will have the problem in mind for

consideration when the bill comes up.

Section 8 amends section 338 (a) of the Nationality Act of 1940 by extending

the grounds for revoking naturalization. The new provision as amended on the

floor of the House by Representative Graham (Congressional Record, vol. 88,

p. 313, January 13, 1942) would make section 338 (a) read as follows, with numerals inserted by me and with the new part in italics at the end:

"It shall be the duty of the United States district attorneys * * * to

institute proceedings in any court * * * in the judicial district in which the

naturalized citizen may reside at the time of bringing suit, for the purpose of

revoking and setting aside the order admitting such person to citizenship and

canceling the certificate of naturalization (1) on the ground of fraud or (2) on the

ground that such order and certificate of naturalization were illegally procured or

(3) on the ground that his utterances, writings, action, or course of conduct

establishes that his political allegiance is to a foreign state or sovereignty."

The important point is, that the proposed new ground for canceling naturalization is entirely different in its nature from the two existing grounds. These

existing grounds of fraud or illegality mean that there was something wrong

with the naturalization itself. The new ground has nothing to do with the

validity of the original naturalization, but merely requires that a single judge

sitting without a jury shall find that there is something wrong with the man

himself. If he says or does something 20 or 30 years after he became a citizen,

and this is held to show his disloyalty, then he can be turned into an alien subject

to deportation.

In other words, the existing law requires proof that the naturalization itself

was vitiated by fraud or illegality. Subsequent conduct of the naturalized

citizen is material only as evidence of conditions at the time of the naturalization.

For example, if a German becomes a citizen on Monday, and on Tuesday joins a

Nazi bund where he yells "Heil Hitler" this indicates that he really did not

intend to foreswear allegiance to Germany. In some cases the courts have gone

pretty far in drawing an inference at fraud at the time of the naturalization from

conduct several years later, but at least the judge was always bound to find a

connection between the subsequent behavior and the date of naturalization.

The proposed new ground does away with all need for such a connection. The

district attorney and the judge may be fully convinced that everything about

the naturalization was legal and honest, and that what they believe to be attachment to a foreign state did not begin in the man's mind until years after he

became a citizen. Even so, he can be denaturalized.

Is this big departure from the existing law desirable?

In the first place, there is a serious risk of mistakes. In times of excitement,

arguments in favor of a foreign country which happens to be unpopular may be

regarded as proof of allegiance to that country. Different countries are unpopular

•at different times and places. Italians who stood up for Mussolini during the

invasion of Ethiopia may find their words used now as a basis for denaturalization.

Suppose that the Government of the United States requests the use of ports in
TO AMEND THE NATIONALJTY ACT OF 1940 69

Eire for its battleships, and President De Valera prefers to maintain neutrality.

A naturalized Irishman who makes a heated defense of De Valera's position in

opposition to that of our own Government might be charged with utterances

establishing that his political allegiance was to a foreign state, Eire. If the Irish

ports were badly needed by our Navy, an emotional judge might conceivably

sustain the charge.

In the second place, is the change necessitated by any present danger? If a

naturalized citizen commits treason, or violates the Espionage Act, or fails to

register when he is affiliated with some foreign government or organization, then

he is subject to criminal penalties just like a native-born citizen. The present

legislation seems amply sufficient to reach disloyal conduct on the part of any

citizen, whether born here or abroad. Hence there does not seem any strong

reason for subjecting naturalized citizens to the additional punishment of the

proposed bill.

In the third place•and this is the biggest objection to the new provision•

I feel very strongly that it has been a great tradition in the United States since the

very beginning that naturalized citizens are just as much citizens as those who

are born here. We are all Americans. So long as his naturalization was not

vitiated by fraud or illegality, he has every privilege of a native citizen with the

single exception that he cannot become President. Otherwise all citizens are

treated alike. The proposed provision is a bad break with this great tradition.

It singles out naturalized citizens for a special kind of punishment from which

native-born citizens are immune. I like Representative Fish's statement that it

sets up a "second-class citizenship." This policy seems to me a terrible thing to

do even if there were no risks of bad mistakes in the actual administration of

denaturalization. The proposed provision says to millions of citizens: "Just

because you are naturalized, you cannot behave like those who are born in this

country. You must watch your step when you talk or write. Even if you do

not violate any criminal law, you may find yourself an alien again, even an enemy

alien if you came from one of the countries we are now fighting. Then you can

be deported or handled in some other way like an alien. So watch your step.

Don't think you have the privileges of those born in this country. You are just

a naturalized citizen, remember that." In short, whatever safeguards may seem

necessary in the present crisis should be applied to all citizens without any discrimination.

I shall be very grateful if you will give the provision study.

With warm regards, I am

Yours sincerely,

J. CHAFEE, Jr.

SALEM, CONN., January 29, 1942.

Hon. FRANCIS T. MALONEY,

Senate Office Building, Washington, D. C.

DEAR SENATOR MALONEY: I am writing you about a matter in which the

American Civil Liberties Union is much interested. You may remember that

I am a member of the board of that organization, which believes that "eternal

vigilance is the price of liberty."

As I understand it, H. R. 6250, now before a subcommittee of the Senate

Judiciary Committee, of which you are a member, provides among other, laudable

objectives, that citizenship can be taken away from a naturalized citizen if his

"utterances or writings" show him to owe allegiance to another country. We

have always felt that legislation of this kind is likely to restrict, freedom of speech

unnecessarily, and constitutes a dangerous departure from established civil rights.

In this case, too, the Civil Liberties Union feels concerned at the notion of conditional citizenship that seems to be established by the fact, that naturalized citizens

can have their citizenship revoked if they don't behave.

This is not the same as the procedure which permits citizenship to be revoked

because of fraud in obtaining it; for the legal concept there seems to be that

citizenship was never really obtained. The proposed new law would put naturalized citizens in a lower class of citizenship than those native born.

Very sincerely yours,

ALFRED M. BINOHAM.
70 TO AMEND THE NATIONALITY ACT OF 194 0

CHICAGO CIVIL LIBERTIES COMMITTEE,

Janvary 29, 1943.

Senator RICHARD B. RUSSELL,

Chairman, Senate Immigration Committee,

Senate Office Building, Washington, D. C.

DEAR SENATOR RUSSELL: Our committee of over 1,000 civic leaders in the

Chicago area urges you to speak and vote against H. R. 6250, which would permit

the courts to revoke the citizenship of any naturalized Americans whose "utterances, writings, actions, or course of conduct establishes that his political allegiance is to a foreign state or sovereignty."

This bill is now before your committee•Senate Immigration Committee. We

request that a hearing be held on this bill, and that you speak against the bill

before the committee.

This proposal is unprecedented. The courts may now revoke citizenship only

for fraud committed at the time of naturalization. Under this bill any evidence

of allegiance to a foreign government years after naturalization could be used to

revoke citizenship. In times of excitement, it could be used against persons

belonging to any unpopular nationality group. Its dangers are almost limitless.

It could be a weapon of intolerance and prejudice on the part of judges, who alone

would decide cases without a jury; and it would open the doors wide to private

informers, misinterpreting chance remarks or attitudes. The law should be left

to stand as it is. This proposal would create two classes of American citizens

with differing rights•one native-born and the other naturalized citizens whose

every utterance or writing would be a possible subject for suspicion•and action.

With best regards, I am,

Yours sincerely,

(Signed) IRA LATIMER,

Executive Secretary.

NORRIS RELIGIOUS FELLOWSHIP,

Norris, Tenn., January 27, 1942.

Senator RICHARD B. RUSSELL,

Chairman, Senate Immigration Committee, Washington, D. C.

DEAR SENATOR RUSSELL: As chairman of the Senate Immigration Committee

you have before you a bill passed by the House (H. R. 6250) which would permit

the courts to revoke the citizenship of any naturalized American whose ''utterances, writings, actions, or course of conduct establishes that his political allegiance

is to a foreign state or sovereignty."

I am in favor of maximum civil liberties consistent with national safety but

this bill, particularly section 8, could and might be interpreted in ways prejudicial

to millions of naturalized citizens bringing them under all sorts of suspicion. It

certainly would raise in the minds of naturalized citizens grave doubts about their

own standing, the value of forswearing their allegiance to the government of the

land of their birth and their solemn oath of allegiance to our own Government.

Naturalized and native-born citizens are fighting together in all branches of

our armed forces, and together they are shouldering responsibilities for the common

cause in civilian undertaking so essential to victory. This unity of purpose and

effort might be imperiled if the entering wedge of a divisive wedge should be

driven into the common effort by making distinctions between native-born and

naturalized citizens. Let us all be Americans.

I sincerely hope that H. R. 6250 will be given a public hearing soon, that it will

have your wholehearted opposition and that the law as it now stands will have

your wholehearted support.

Sincerelv vours,

T. B. COWAN.

ROCHESTER, N. Y.

Hon. RICHARD B. RUSSELL,

Chairman, Senate Immigration Committee, Washington, D. C.

DEAR SIR: As a native-born American citizen, and supporter of the American

Committee for Protection of the Foreign Born, I disapprove section 8 of proposed

nationality statute, H. R. 6250, providing for cancelation of citizenship at any

time if it is proved that "his utterances, etc., establish that his political allegiance

is to a foreign state or sovereignty."

The repugnance of this section lies in making the immigrant after naturalization

constantly the subject of investigation. The foreign-born should not be singled
TO AMEND THE NATIONALITY ACT OF 1940 71

out for special treatment. On a democratic basis once naturalized he should be

accorded equal treatment with the native-born.

May I urge you to arrange public hearings on the measure?

Yours very truly,

JAMES L. BREWER.

AMERICAN CIVIL LIBERTIES UNION,

January 21, 1942.

Senator RICHARD B. RUSSELL,

Washington, D. C.

DEAR SENATOR RUSSELL: We are writing you as chairman of the Senate

Committee on Immigration to request that a full hearing be held on the measure

which is now before vou for consideration, namely, H. R. 6250, amending the

Nationality Act of 1940.

After studying section 8 of this bill, we are convinced that its provisions conflict

sharply with our traditional views as to freedom of speech. If a former alien's

citizenship may be canceled by the method set forth in this section it will jeopardize the citizenship of millions of people and will do it on perhaps flimsy ground.

We should be slow indeed to tamper with a matter of such consequence as a

person's citizenship. Revocation measures should be taken only after it has been

proven that fraud at the time of naturalization was committed. In time like

these when hysterical moves may be made against naturalized citizens, we should

be extra careful to safeguard their status.

For these reasons wo strongly urge you to permit lengthy discussion of this bill

before it is brought before the Senate for action. We hope that the measure will

be opposed by you as chairman of the committee for the reasons set forth above.

Sincerely yours,

CLINTON J. TAFT, Director.

NATIONAL FEDERATION FOR CONSTITUTIONAL LIBERTIES,

Washington, D. C, February 18, 194 '•

DEAR SENATOR MALONEY: The enclosed statement on H. It. 6250 has been

submitted to a subcommittee of the Senate Committee on Immigration, which has

just completed hearings on the legislation.

May we ask that you give this statement your careful consideration?

Sincerely yours,

y GEORGE MARSHALL, Vice Chairman.

STATEMENT OF NATIONAL FEDERATION FOR CONSTITUTIONAL LIBERTIES

BEFORE A SUBCOMMITTEE OF THE SENATE COMMITTEE ON IMMIGRATION ON

H. R. 6250

The National Federation for Constitutional Liberties, as an organization devoted to the defense of civil liberties, regards the winning of the war against the

Axis, in which our country is now engaged, as the first requirement for the maintenance and extension of civil liberties in this country and for their reestablishment all over the world. For this reason, the national federation unreservedly

supports the President's war policy.

Because of the detrimental effect it would have upon the success of our war

effort, we are concerned about section 8 of H. R. 6250, the bill now being considered by your subcommittee.

Section 8 provides that any naturalized citizen may have his citizenship revoked

at any time "on the ground that his utterances, writings, actions, or course of

conduct establishes that his political allegiance is to a foreign state or sovereignty."

In effect, this section would provide for a kind of provisional citizenship, always

subject to revocation. It would bring into constant, unending question the

status of over 10,000,000 naturalized American citizens. It would make them

insecure in their citizenship, with suspicion and the threat of investigation always

hanging over them, even though the very act of becoming naturalized tested their

worthiness to be American citizens.

In other words, this s3ction would create for the first time two classes of citizenship. The first class, being native, would be forever protected from those who

seek to deprive them of their citizenship. The second class, comprising more

than 10,000,000 naturalized citizens, would become a group with lesser right,

an inferior class, for thjy would hold thjir citizenship on sufferance.
72 TO AMEND THE NATIONALITY ACT OF 1940

One hundred and eighteen years ago Chief Justice John Marshall of the Supreme

Court wrote on the subject of the naturalized citizen:

"He becomes a member of the society possessing all the rights of a native citizen,

and standing, in the view of the Constitution, on the footing of a native. The

Constitution does not authorize Congress to enlarge or abridge those rights. The

simple power of the National Legislature is, to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it, so far as respects the individual

* * *. He is distinguishable in nothing from a native citizen, except so far

as the Constitution makes the distinction. The law makes none."•Obsorne v.

U. S. Bank, 9 Whoaton 738 (1824).

To depart from this policy would serve the Axis well. It would disrupt the unity

which was welded between all loyal Americans by the tragedy of Pearl Harbor.

From the point of view of safeguarding the country against proenemy individuals, section 8 of this bill has not been shown to be necessary. We believe that

procedures under the laws covering treason already on our statute books are entirely adequate in the present emergency.

We ask your committee to bear in mind the histories of many of our 10,000,000

naturalized citizens. They came to the United States seeking refuge from

oppression. When they were naturalized, they accepted all the duties and

responsibilities of full citizenship. Singling them out for treatment different from

that accorded native-born citizens is a procedure which the Bill of Rights and the

fourteenth amendment to the Constitution sought to prevent. For this reason,

their American citizenship has become their most cherished possession. To preserve the rights they deem to be inherent in that citizenship, they are offering their

energy, their work, their very lives, in the war in which we are engaged today.

For these reasons, we ask that section 8 be deleted from H. R. 6250, in order

that we may speed the day of victory over the Axis enemv.

Submitted February 18, 1942.

NATIONAL FEDERATION FOR CONSTITUTIONAL LIBERTIES,

11,00 L Street N W., Washington, D. C,

11 $3 Broadway, New York City.

378 COLLEGE STREET,

Lewiston, Maine.

Senator FRANCIS MALONEY,

Washington, D. C.

DEAR SIR: I am authorized by the International Institute Committee of

Lewiston and Auburn, Maine, to write you that we are in favor of H. R. 6250

which you are sponsoring. We believe that it is a service both to our country

and to aging aliens, many of whom have lived here a long time and are loyal

Americans who had in the old country no opportunity for early education, to

admit them to citizenship without the usual educational requirements.

Sincerely yours,

MIRIAM MABEE,

Chairman, International Institute Committee.

THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION,

Baltimore, Md., February SO, 194$.

Senator FRANCIS MALONEY,

Chairman of the Subcommittee of the Senate Immigration Committee,

bnited States Senate, Washington, D. C.

MY DEAR SENATOR MALONEY: The bill H. R. 6250 is now in the Immigration

Committee. I am very much interested in its passing, and especially concerned

about section III. It does seem rather artificial to force people who have proven

themselves good citizens for many years to read and write in English, when they

have great difficulty to read and write in their own language.

What we need now is people who really believe in American principles, without

placing too great hardship on them at minor points. I think we sometimes

forget that we have a lot of American-born citizens who can neither read nor

write, although I fully realize that this is not a thing which we want to encourage.

Sincerely yours,

GLADYS M. KENSLEK,

Program Administrator.

(Whereupon, at 12:05 p. m., the hearing was adjourned to Thursday,

February 19, 1942, at 11 a. m.)
TO AMEND THE NATIONALITY ACT OF 1940

THURSDAY, FEBRUARY 19, 1942

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON IMMIGRATION,

Washington, D. C.

The subcommittee, consisting of Senators Maloney, Herring, and

Ball, met pursuant to adjournment, at 11:10 a. m., Hon. Francis

Maloney (chairman), presiding.

Present: Senator Maloney (chairman).

Senator MALONEY. The meeting will come to order.

I have a memorandum here that Mr. Isidore Hershfield, 1317 F

Street NW., representing the Hebrew Immigrant Aid Society, would

like to be heard.

Mr. HERSHFIELD. Yes, sir.

STATEMENT OF ISIDORE HERSHFIELD, COUNSEL AND WASHINGTON REPRESENTATIVE, HEBREW IMMIGRANT AID SOCIETY,

WASHINGTON, D. C.

Senator MALONEY. YOU may proceed, Mr. Hershfield. If you will

just verify what I have said, and identify yourself, for the reporter.

Mr. HERSHFIELD. My name is Isidore Hershfield. I am the

counsel and Washington representative of the Hebrew Immigrant Aid

Society, and my office is at 1317 F Street NW.

Our society is a national welfare organization, in existence 55 or

56 years, and its work is indicated by its name; it looks after immiErants and their difficulties at the time of arrival and before coming

ere and their difficulties after they are here while they are still

aliens and assisting them in becoming American citizens. Our

Americanization and naturalization work is an important part of our

activities. We have about 9 or 10 branches in various parts of the

United States, in the East and the West. It is a nonprofit organization, supported entirely by voluntary contributions.

I am here today to speak on H. R. 6250, and I understand that the

subcommittee are particularly interested only in two sections thereof,

which have been controversial and have been under discussion; those

are section 3 and section 8. I shall, therefore, address myself to

those sections only, unless the Senator wishes to ask me anything

about any other part of the bill.

Section 8 is the provision under which the citizenship of an alien,

or a naturalized citizen, could be canceled or revoked upon proof

satisfactory to the court that his real loyalty and allegiance is to

some foreign country.

73
74 TO AMEND THE NATIONALITY ACT OF 1940

We favor that provision. We do not believe that any man should

become and continue to be a citizen of the United States through

naturalization if in his heart he really is a subject of some other country

and if his loyalty and allegiance is to some other country. He would

not have dual allegiance, necessarily, but he would have worse than

dual allegiance; he would have a nominal paper allegiance to the

Uaited States, evidenced by a certificate of naturalization, but if his

course of conduct shows that he really owes allegiance to a foreign

country I don't think he should be permitted to masquerade as an

American citizen and have the benefit of American citizenship, and

that his citizenship should be revoked.

It would enable our Government to deal effectively with many

naturalized citizens, like Fritz Kulm of the Bund, and others who are

not subject to any laws or regulations as aliens simply because they

are naturalized citizens. If their citizenship can be revoked and

their certificate canceled, why then our Government and the Department of Justice and the other departments could deal with them as

aliens, and in many cases as enemy aliens, and restrict them as to

travel and other things, all for the welfare of the United States.

Now, as to section 3: Section 3 permits the naturalization of aliens

who have been in the United States before 1924 and who are 50 years

of age or upwards, without requiring them to be able to speak, read,

and write the English language.

Now, while primarily we would offhand say that every man who

seeks to become an American citizen should speak, read, and write

the English language, as a matter of fact there are a large number of

aliens who, through no fault of their own, have not acquired speaking

and writing ability of the English language. That is particularly

true of the older ones. And this act would refer only and give advantages and benefits only to aliens who are 50 years of age and over and

who came here at least 18 years ago, in 1924.

Now, a man who came here in adult life and who at once had to

devote himself to earning a livelihood, and frequently living in foreign

groups of a single nationality, is under a great handicap in acquiring

a new language. He does acquire a workaday knowledge of the

English language, so he can talk and get along with people. But he

cannot get an education such as is required in the Naturalization

Bureau.

In these cases, and these cases only, this bill would seek to waive

that requirement for men of that kind.

It would be interesting, Senator, for me to refer to some figures

very briefly. I am not a great advocate of statistics, but I think these

brief statistics are very enlightening.

In 1940, Congress enacted an alien registration law, requiring all

aliens of every kind to register. That gives us at least the number of

aliens in this country. The total number registered was•6,000,000?

Mr. SHAUGHNESSY. No; 4,700,000.

Mr. HERSHFIELR. Four million seven hundred thousand; wiiich

showed at once that the figures used by some people who do not

like aliens, that there are ten or twenty million or more aliens in the

United States; that those figures are entirely untrue. Practically

every alien did register. I think that the Department would say

there are very few aliens who did not register in 1940.
TO AMEND THE NATIONALITY ACT OF 1940 75

Now, of these 4,700,000 who registered, 698,000 signed their registration applications by a mark; they could not write their signature

in full. Of those 098,000, 634,000 were men over 45 years of age.

In rough figures, 90 percent of those illiterate aliens were men who

were 45 years of age and over. Indicating that they had come here

at such an age that they could not go to school very well, and in

many of those places there was no night school and no facilities for

learning.

I will continue these figures. Now, as to the age group of 634,000

who were 45 vears of age and over, as to their date of arrival, 239,000

of this 634,000 had entered the United States before 1906. Now,

they were men, many of them 60, 65, and 70 years of age and over,

that had been in this country before 1906; a minimum of 34 years'

residence in the United States. Another 308,000 had arrived here

between 1906 and 1917•1917 was the date of the test in the immigration law. And only 86,000 came here between 1917 and 1924.

So you see that their inability to speak English well and write

English at all, perhaps is not due to their unwillingness to acquire

the language of our country, but to their inability to acquire it.

You want to recall also, Senator, that many of these men did not

have opportunities for much schooling in their own countries. Illiteracy is a reflection, not upon the individual; it is a reflection upon

the social and educational conditions of the .country from which he

came. Nobody wants to be illiterate. In our country we have very

little illiteracy. And the percentage of illiteracy in a country depends

very much upon the social and educational conditions of the State.

In the State that has a good educational system and where people

have their public schools, you find very little illiteracy. States that

have not so good an educational system or don't follow it up with

universities available to the public and things of that kind, have a

much higher illiteracy. So that illiteracy is not due to the fact that

the individual wants to be illiterate, but that he could not become

literate. In the old country there were no free public schools or no

opportunity to get this education.

Now, we have this large mass of men of older ages who are loyal to

the United States; and whose loyalty will have to be established at

the time of their naturalization. We are not waiving anything else

under this bill. And it is not good for the country•and I speak not

only as the representative of our society on that point, but as an individual, as a native-born American interested in the welfare of my

country•it is not good for our country to have an indistinguishable

mass of noncitizens, whose loyalty is unquestioned, who in their family

life have led good lives, whose children are citizens, whose neighbors

are citizens, who are interested in community work of one kind of

another, and who in all respects are good citizens except they have

no naturalization certificate and could not get that naturalization

certificate because of this educational disqualification.

Pass this act and these people will become citizens, and when they

become citizens they are not only gaining an advantage for themselves,

but our country gains an advantage. We have the right, under our

various laws, State, national, and local, to demand many things from

citizens that we cannot demand from aliens•jury duty; the right to

bear arms in an emergency like this, or at any time; to bo called out

by the sheriff of the county to aid in preserving peace•these things
76 TO AMEND THE NATIONALITY ACT OF 1940

are obligations of a citizen, and only a citizen is required to give them.

Now, il we can make citizens of these people, we put them under the

same obligation.

I think that covers about what we wish to say, unless you have

anything more to ask me, Senator.

Senator MALONEY. NO. The situation has been fairly well covered

by earlier witnesses. I think you have so presented your view as to

give new light on the bill. But I don't have any questions. I want

to thank you very much for coming, Mr. Hcrshneld.

Mr. HERSHFIELD. Not at all, sir.

Mr. SHAUGHNESSY. Mr. Chairman, may I say just a word?

Senator MALONEY. Yes, Mr. Shaughnessy.

STATEMENT OF EDWARD J. SHAUGHNESSY, DEPUTY COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

Mr. SHAUGHNESSY. Edward J. Shaughnessy, Deputy Commissioner, Immigration and Naturalization Service, Department of

Justice.

With the permission of the Chair, I would like to have this brief

memorandum explaining section 3 of H. R. 6250 made a part of the

record.

Senator MALONEY. IS that submitted as a result of the request

which I made to Mr. Shoemaker yesterday?

Mr. SHAUGHNESSY. That is correct, sir; this is the memorandum

on it.

Senator MALONEY. That will be made a part of the record.

(The memorandum referred to is in full as follows:)

MEMORANDUM RE EXEMPTION PROM THE EDUCATIONAL REQUIREMENTS FOB

NATURALIZATION OF PERSONS AT LEAST 50 YEARS OF AGE

Section 3 of H. R. 6250 to amend the Nationality Act of 1940, as passed by the

House of Representatives January 13, 1942, reads as follows:

"SEC. 304A. An alien, if eligible to naturalization, fifty years of age or over,

who has resided in the United States continuously since prior to July 1, 1924,

and who, on or prior to the effective date of this section, has made a declaration

of intention to become a citizen which is not more than seven years old, or who,

within two years from the effective date of this section, shall make a declaration

of intention, may thereafter file petition for naturalization and be admitted to

citizenship upon full and complete compliance with all requirements of the

naturalization laws, except that he shall not be required to speak the English

language, sign his declaration or petition in his own handwriting, or meet other

educational requirements."

This section would permit many elderly persons whose loyalty to the United

States is unquestioned but who through lack of opportunity or age are unable to

pass the educational test for naturalization to become citizens.

That many members of this group are deeply interested in preparing themselves

for citizenship is evidenced by the reports from citizenship classes in various

States to the effect that a considerable number of the older group of students

have attended classes faithfully, but who through failing eyesight or other disabilities of age are unable to make the progress that is easy for the young and the

vigorous.

Many of the children of these older immigrants have been able through the

devotion and unstinted labor of the parents to acquire advanced education and

to take honored places in the professions.

A great number of the sons of immigrant parents who were born in this country

have either volunteered for service in the armed forces or are serving because of

the selectee system. These members of the military and naval forces would be
TO AMEND THE NATIONALITY ACT OF 1940 77

able to perform their allotted tasks with better spirit if the opportunity to obtain

citizenship were granted to their parents.

One of the greatest needs during the present emergency is national unity. The

passage of this proposed measure would go far in that direction.

Mr. SHAUGHNESSY. There is just one more point, Mr. Chairman.

There may be some misconception about the result of section 3 if it

should be enacted into law so far as it relates to the Federal and State

educational and Americanization program. I would like to have

permission for Dr. Henry B. Hazard, Director of Research, Information, and Education of the Immigration and Naturalization Service

of the Department of Justice, who represents our Department on an

interdepartmental committee dealing with adult education and

Americanization, to say just a few words for the purpose of the record.

Senator MALONEY. Mr. Hazard, please proceed.

STATEMENT OF DR. HENRY B. HAZARD, DIRECTOR OF RESEARCH,

INFORMATION, AND EDUCATION, IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

Mr. HAZARD. Mr. Chairman, in connection with the educational

phase of the naturalization laws, the Congress as far back as 1918

enacted a provision by which the Immigration and Naturalization

Service was directed to cooperate with the public schools and State

and national organizations concerned with education, with a view to

aiding in providing facilities for applicants for naturalization to preEare themselves for citizenship. That authority included the distriution free to applicants for naturalization of citizenship textbooks.

During the period from 1918 to 1940 that work went on, growing

in intensity during the first World War, but gradually slacking up

from about 1922 or 1923, until in the late twenties and during most

of the thirties there was no great stress placed upon it.

When the Nationality Act of 1940 was passed, the educational provisions of the law were strengthened and more attention has been

paid, both by the Immigration and Naturalization Service and by the

public schools and other educational agencies, to that particular

phase of our public administration.

My own contact with this work has been very close. I have been

in charge of it since 1918 for the Immigration and Naturalization

Service, and I have had occasion to visit the. public schools of many

of the States, to encourage the organization of classes and to assist

as far as we could within the law the local communities in making

these facilities available.

Some States have proceeded very far in establishing splendid education facilities in this particular field. It is not necessary to name

them, but half a'dozen of them are outstanding. Other States have

provided some facilities. Some have provided none at all. There

have been reasons satisfactory to the communities, usually due to

reduced school budgets; and in those situations many of the social

service agencies and the patriotic organizations have themselves

attempted to step into the breach and to provide what the public

schools have not been able to do.

Last year there was provided under the W. P. A. a joint endeavor,

on the part of the W. P. A., the public schools of the various States

and the Immigration and Naturalization Service, a joint effort known
78 TO AMEND THE NATIONALITY ACT OF 1940

as the National Citizenship Education Program, by which these three

agencies were to endeavor to strengthen these facilities for preparation

for citizenship. Dealing, however, with each one of the States as a

local unit so that the working facilities of teaching and of selection of

materials should be entirely autonomous in the States, and not an

attempt on the part of the Federal Government to tell any State how

it should teach or develop its program.

That work has gone along very successfully, and many applicants

for naturalization have been taking advantage of these classes, as well

as of the regular public-school classes. But we have observed, as

naturalization officials, that in many communities there are groups

of persons who, either because of age or of physical disability, sometimes both•failing eyesight, the lack of the opportunities of which

Mr. Hershfield spoke•an inability on their part to take advantage

of these opportunities. Of if they did show enough interest to attend

a class, they are unable to successfully pursue the work.

I know of cases of persons up in the sixties and seventies who have

attended these classes sometimes for a period of 2 or 3 years in faithful

attendance, but never have been able to pass this rather formal test

that is prescribed by the law and the regulations. We have felt that

these individuals have demonstrated in almost every instance entire

loyalty to this country, and we have rather, in connection with our

work, stressed the two elements of good moral character and favorable

attitudes toward our Government as being even more important than

the formal requirements of the law.

The question of the effect on these persons who are getting along

in years of being unable to become citizens has been one which has

reacted frequently on the family. Because I know of many instances

where these parents, who themselves are unable to become citizens

because of the single lack in connection with education, have given

their children the finest of educations; children who have made and are

making their mark in the various professions.

I recall one very concrete instance when one of our examiners

objected to the naturalization of an individual in one of our Federal

courts because the examiner thought he did not measure up to the

educational standard that was required; and having the judge say

to him, "I believe I can appreciate this person's situation, because

my own father, who was born abroad, could not read or write."

That was an extreme instance, but an indication of the fact that the

inability of a person to successfully negotiate this test, which involves

an examination upon the principles of the Government of the United

States, an indication that possibly in some cases, at least in these

extreme cases where the persons are along in years, the Government

might be justified in relaxing that particular requirement.

I think there has been possibly some lack of sympathy with this

measure, on the part of some of the educators. I know that in my

contacts with them as a rule they have been rather strict in their

feeling that a person ought not to be admitted to citizenship uidess

he can pass not only these other requirements as to residence and good

character, but he must educationally be able to pass a pretty stiff

examination.

I think that, on the whole, the interests of the United States would

probably be best served by the permission for these persons to become

naturalized on this theory, that in other operations of the naturaliza-
TO AMEND THE NATIONALITY ACT OF 1940 79

tion laws credit is given in the elimination of some of the requirements

of local residence, for instance, to persons who are married into American families. For instance, there are three classes of husbands or

wives of citizens who are relieved from the 5-year residence clause;

one in which only 3 years' residence is required, another only 2 years and

another only 1 year, provided the applicant is married to a citizen of

the United States; on the theory that this close contact in an American

home with American ideals serves the same purpose as a much longer

period of residence. And these persons who are encompassed within

this particular section 3 are persons all of whom must have been here

from at least 1924, and most of whom will have been here many, many

years longer than that. Thank you.

Senator MALONEY. Thank you very much, Doctor.

It appears now that we have heard all who desire to be heard. As I

announced yesterday, the meeting this morning was called for the

purpose of affording an opportunity to Senators McNary and Holman

to testify, or to present statements. Senators McNary and Holman

have, because of the fact that so much else is going on today, found it

impossible to be here. Senator McNary is to talk with me and others

later. He has been in touch with me.

But Senator Holman was represented by his secretary and advised

the clerk of the committee that he wanted to note objection to the

language in line 7 of page 3, which I will read:

except that he shall not be required to speak the English language, sign his declaration or petition in his own handwriting, or meet other educational requirements.

Senator Holman asked that there be printed in the record a letter

written to Senator Russell, the chairman of the Committee on Immigration and Naturalization, by G. Q. D'Albini, an attorney at law and

a certified public accountant, at 45 Quince Street, Medford, Oreg.;

and that letter will be included in the record.

(The letter referred to is in full as follows:)

G. Q. D'ALBINI,

Medford, Oreg., February 6, 1942.

Hon. SENATOR RUSSELL,

Chairman, Immigration and Naturalization Committee,

Washington, D. C.

DEAR SIR: H. R. 6250 recently passed by the House of Representatives and

now in your committee has a most tragic provision; viewed in the light of present

events it is even vicious.

I cannot understand our Representatives passing such a law at this time. I

refer to the provision in this bill which would grant citizenship privileges to aliens

over 50 years and residing here since July 1924 even though they cannot speak

our language, read or write, and cannot even sign their own name. Are we ready

to turn over our Government to the illiterate foreign element?

Honorable Sir, I am not opposing this measure through blind prejudice; my

maternal grandparents were foreign born, my paternal side are Americans who

helped establish this great Nation, but even this has not influenced me; it is because

I can speak from years of experience.

I taught in foreign communities in the South where third generation Americans

started to school unable to speak the English language. Will we true Americans

encourage the continuous indifference on the part of foreigners to accept our way

of life?

For the past 17 years I have taught citizenship classes in this community; I

have had over 50 persons, from 50 to 70 years of age. Not one has ever failed to

pass the test the very first time they were examined by immigration officials and

they had attended only 1 class a week from 5 to 8 weeks term.

Anyone with I. Q. so low he cannot learn, or so indifferent to our great citizenship privileges should certainly not be granted citizenship.
80 TO AMEND THE NATIONALITY ACT OF 1940

I earnestly beg and plead with you and your committee to reject this part of

H. tt. 6250.

Sincerely yours,

Mrs. G. Q. D'ALUINI.

Senator MALONEY. NOW, because I want to give everyone who

desired it a chance to present his views to the full committee, I am

going to have inserted in the record a telegram addressed to me and

signed by Angela M. Carlozzi, executive secretary, Italian Welfare

League, 345 Lexington Avenue, New York City:

The Italian Welfare League, Inc., urges passage of H. R. 6250. Especially

interested section 304-A as many aged and loyal Italians will benefit by it. Many

unnaturalized Italians are women, who because of homo duties and the rearing

of their children were unable to take advantage of the benefits of citizenship.

Now, in their old age, because of world conditions, passage of this bill would give

them a sense of security and of belonging to the country in which they have spent

the greatest part, of their life and to whom they have given labor and fealty and

are now giving their sons for the defense of this great Nation. ,

A telegram, which I regret is not signed by an individual, but is

signed by the National Council of Jewish Women:

We urge support of H. R. 6250, section 3, to add amendment 304-A to Nationality Act.

A telegram signed by Fifteenth Ward, Women's Republican Club,

New Haven, Conn., Mrs. George Post, chairman:

Please register our disapproval of section 304-A in H. R. 6250.

A telegram from Mrs. John L. Kennelly, president, Bridgeport

Council of Catholic Women:

The Bridgeport Council of Catholic Women strongly oppose the bill giving

citizenship to illiterate and previously uninterested persons.

A telegram from William O. Kellner, adjutant, Oscar H. Cowan

Post 3, American Legion, Stamford, Conn.:

At our meeting February 13 we voted to notify you that we oppose bill H. R.

6250 section, 304-A. Trust that you will vote against this bill.

A letter signed by Paul Kulick, executive director of the Stamford

Jewish Center:

I have just learned of those provisions of House bill 6250, which will allow

aliens over 50 years of age, who came to this country prior to 1924, to become .

citizens without being able to speak the American language. I believe that the

specific part of the bill is known as section 304-A.

I want to voice my opposition to this bill because it will mean the negation

of all our efforts to place meaning and importance to the acquisition of American

citizenship. The meaning of citizenship would be weakened because it seems

to me it would be impossible for an individual who does not know the language

to make an intelligent citizen.

I hope that when the bill comes up for consideration in the Senate that you will

use your best offices to see to it that this phase of the bill is revised so that such

a step as the bill allows will not be possible.

A letter signed by the secretary of the Latvian Unity Club, 2061

Lexington Avenue, New York City, Pauline Nussbaum:

As unanimously passed at its regular membership meeting, February 15, 1942,

at 2061 Lexington Avenue, New York City, the Latvian Unity Club (of 106

members) wishes to register with you its resolute opposition to section 8 of the

Dickstein bill, H. R. 6250.

The provisions of this section of the bill are unnecessary. The existing laws

are sufficient for dealing with enemy agents and abettors. If enacted without

deletion of this section, the bill would undermine the status and jeopardize the

rights of more than 10,000,000 naturalized American citizens. It would play
TO AMEND THE NATIONALITY ACT OF 1940 81

directly into the Axis plans against our country, since it would serve to disunite

our people and to endanger our war effort by creating insecurity and by spreading

unwarranted suspicion against all naturalized American citizens.

Please use your influence to have this section deleted from the bill.

I shall also have printed in the record, for the benefit of the entire

committee and those others who are interested in this subject, an

editorial which appeared in the New York Herald Tribune, Wednesday, February 18, 1942:

DEALING WITH ALIEN CITIZENS

A bill allowing the courts to revoke citizenship of a naturalized citizen "on the

ground that his utterances, writings, action, or course of conduct establishes that

his political allegiance is to a foreign state or sovereignty" has passed the House of

Representatives and is now under consideration by a Senate Judiciary Subcommittee. The bill was asked by the Department of Justice, is advocated by the

Departments of War and Navy, for a specific and important purpose. There are

in the country persons who have come here with the sole purpose of becoming

naturalized so that they may work against this Government under the cloak of

citizenship; and it is the contention of the Justice Department that they did this

in anticipation of this war. In support of this contention is the fact that 24 of

the 33 persons convicted in the recent New York spy trials, were naturalized

citizens. They will emerge from prison still citizens. Under the proposed bill the

Department of Justice could, presumably, institute court action to have their

citizenship revoked.

The American Civil Liberties Union sees a grave threat to free speech of all

naturalized citizens in this bill•and, indeed, the times make that danger real.

The House amended the bill as it came from the Attorney General by adding the

words "utterances, writings" which seem, to point the threat to free discussion,

although that was not their intention. In view of the need to protect our bona

fide naturalized citizens, the Senate committee will do well to examine the wording

of the bill with care, not, however, overlooking its purpose•to make possible the

revocation of citizenship of men whose allegiance is in fact to a foreign state or

sovereignty.

For what is incontrovertible is that the fact that an agent of a foreign government has been sufficiently successful in dissimulation to get by the naturalization

authorities should not entitle him to citizenship forever after.

As I said earlier, all seem to have been heard who desired to be

heard. Unless someone who is here now has a further word, we will

bring the hearings to a close.

At- an early day the subcommittee will meet again. I hope there

will be a meeting of the full committee soon thereafter to give further

consideration to this proposal.

Mr. HERSHFIELD. Will there be a hearing before the full committee?

Senator MALONEY. NO, Mr. Hershfield, I cannot think of any

reason why there should be. I cannot speak for the chairman, but

I very much doubt it. We have been generous with our time, and

offered to give everyone all of the time he wanted in the hearings on

the bill. I cannot think of any reason for further heariiigs. At

least, no reason now appears, and it is not the custom.

Mr. HEHSHFIELD. I see. Thank you.

Senator MALONEY. We will not deny anyone a chance to be heard,

you may be sure, if there is any special and good reason for opening

up the matter again.

(Whereupon, at 11:45 a. m. the hearings were concluded.)