(The report is as follows:) Hon. SAMUEL DICKSTEIN, DEPARTMENT OF STATE, Chairman Committee on Immigration and Naturalization, House of Representatives. SIR: Your letter of March 24, 1933, advising me that the Committee on Immigration and Naturalization of the House of Representatives will conduct public hearings on H.R. 3673 and H.R. 77 on Tuesday, March 28, 1933, has been received. As H.R. 77 concerns the amendment of the naturalization laws relating to the naturalization of alien-born children, it would appear to be of more interest to the Department of Labor, which has supervision over the naturalization of aliens, than to this department. H.R. 3673 relates, however, to a matter which is of primary concern to this Department. In a communication addressed to you on February 10, 1933, the Department discussed at some length the provisions of section 4 of a bill (H.R. 14581) to amend the naturalization laws of the United States, and for other purposes. Section 4 of that bill is similar in purport to H.R. 3673 except that in the latter bill the proposed amendment to section 1993 of the Revised Statutes of the United States has been made retroactive. The discussion of section 4 ofH.R. 14581 is applicable to section 1 of H.R. 3673, but the Department deems it desirable to call your particular attention to its previous comments concerning the inadvisability of enacting such a bill into law. A copy of the letter of February 10, 1933, is enclosed. As has been suggested by this Department on several occasions, its experience persuades it to believe that it would be advisable to give careful consideration to the matter of making a general revision of the nationality laws of the United States. In the opinion of this Department, the many and varied questions that arise in reference to citizenship, expatriation and the protection of American citizens abroad are, because of the piecemeal enactment of legislation concerning these matters, difficult of solution and often not without embarrassment. It is believed that a committee to study these subjects composed of members of the various Departments interested in them should be appointed to prepare a report and propose legislation for the consideration of the appropriate committees of Congress with a view to the enactment of a complete code of law on the subjects of citizenship of the United States and its insular possessions, expatriation and protection abroad, and steps toward this end are being taken. However, if it is deemed advisable at this time to modify section 1993 of the Revised Statutes of the United States as proposed by section 1 of H.R. 3673 in order to obtain the objective of parity between the sexes in nationality matters, it is suggested that your committee give consideration to the proposed amendment of section 1993 of the Revised Statutes recently formulated by officials of this Department who handle cases involving citizenship and immigration, which it is believed would retain what is understood to be the principal objective of the amendment of Revised Statutes, 1993, by H.R. 3673; that is, the removal of discrimination between husband and wife with regard to the transmission of citizenship to children born abroad. This matter was referred to in my predecessor's letter to you of February 25, 1933. A copy of the proposed amendment to section 1993 of the Revised Statutes as recently formulated in this Department is enclosed. Very truly yours, CORDELL HULL, Secretary of State. PROPOSED AMENDMENT (a) A child, hereafter born out of the limits and jurisdiction of the United States and its outlying possessions, of parents both of whom owe allegiance to the United States, and one of whom has previously resided in the United States or its outlying possessions shall acquire at birth the nationality of its parents: Provided, That if one of the parents is a citizen of the United States and the other is a citizen or inhabitant of an outlying possession owing allegiance to the United States, such child shall acquire at birth the status of a citizen of the United States. (b) Achild, hereafter born out of the limits and jurisdiction of the United States and its outlying possessions, of parents of whom one has American nationality and has previously resided in the United States and the other is an alien, which child does not acquire at birth the nationality of the alien spouse, shall acquire the nationality status of the American parent. (c) A child, hereafter born in an outlying possession of the United States, of parents, one of whom owes allegiance to the United States, shall acquire the nationality status of the parent who owes allegiance to the United States: Provided, That, if one parent is a citizen of the United States and the other a citizen of an outlying possession owing allegiance to the United States, the child shall acquire at birth the status of a citizen of the United States. (d) A child hereafter born out of wedlock beyond the limits and jurisdiction of the United States and its outlying possessions to an American parent who has resided in the United States or its outlying possessions, there being no other legal parent under the law of the place of birth, shall have the nationality of such American parent. (e) Section 1993 of the Revised Statutes is repealed. (f) The alien spouse of a citizen of the United States may obtain naturalization as a citizen of the United States upon complying with the requirements of section 4 of the act of September 22, 1922, as amended, being "An act relative to the naturalization and citizenship of married women," except that the petitioner must show that his or her spouse is residing abroad as a representative of the Government of the United States or principally as a representative of American interests, and that the petitioner intends eventually to reside permanently in the United States: Provided, That a child under 21 years of age of a person naturalized under this paragraph shall, if dwelling in the United States at the time of such naturalization or if such child comes to the United States thereafter but prior to reaching the age of 21 years, be naturalized thereby. Hon. SAMUEL DICKSTEIN, FEBRUARY 10, 1933. Chairman Committee on Immigration and Naturalization, House of Representatives. DEAR MR. DICKSTEIN: The Department's attention has been called to a bill, (H.R. 14581) to amend the naturalization laws of the United States, and for other purposes, introduced in the House of Representatives February 7, 1933. This bill contains a number of provisions which are of interest to this Department, in view of its responsibility in extending protection to citizens of the United States in foreign countries. This Department is particularly concerned with regard to the following provision of section 4 of the bill: "SEC. 4. (a) Section 1993 of the Revised Statutes (U.S.C., title 8, sec. 6), is amended to read as follows: 'SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother is at the time of the birth of such child a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States prior to the birth of such child."" The effect of the adoption of the proposed provision would probably be more far-reaching than might be at first supposed. It would cause a very considerable increase in the number of cases of persons born with dual nationality, some of whom would probably call upon this Government for protection against foreign States of which they are also born nationals. It would also give rise to cases in which children would acquire at birth triple nationality. For example, a child born in England of a French father and an American mother would acquire at birth (1) British nationality, because of birth in British territory, (2) French nationality, because of birth to a French father, and (3) American nationality, because of birth to an American mother. Another serious effect of the proposed measure is that it would make it possible for large numbers of persons who are not only born abroad but are alien in all respects except in name to enter the United States free from the restrictions of the immigration laws. It is hardly necessary to say that, when a woman having American nationality marries a man having the nationality of a foreign country, and establishes her home with him in his country, the national character of that country is likely to be stamped upon the children, so that from the standpoint of the United States they are essentially alien in character. This is apt to be the case even when the mother has been raised in the United States, but it should be borne in mind that the proposed law would equally be applicable to children born in foreign countries to mothers who, although born in the United States, were taken from this country by their parents in infancy. As you know, large numbers of aliens, who have resided for a time in the United States, leave this country annually. Thus, during the fiscal year ending June 30, 1932, 103,295 aliens departed from the United States, and it may be assumed that many of them were accompanied by young children born in this country. For the reasons mentioned, the proposed measure in effect involves an immigration problem, as well as a citizenship problem. If, after careful consideration, it should be deemed necessary to amend section 1993 of the Revised Statutes so as to include children born abroad to women having American nationality, it is believed that limitations of some kind should be added in order to prevent the extension of American nationality to children born in foreign countries in families which are distinctly alien in character. Section 2 of this bill, also relating to citizenship, is of interest to this Department. It reads as follows: "SEC. 2. Section 15 of such act of June 29, 1906 (34 Stat. 601; U.S.C., title 8, sec. 405), is amended by adding at the end thereof the following: "The cancelation of a certificate of citizenship under the proceedings authorized by this section shall not invalidate the citizenship status of those who have derived citizenship through the naturalization of the parent or husband, where citizenship has vested either under the provisions of section 2172 of the Revised Statutes of the United States (U.S.C., title 8, sec. 7) or section 5 of the act of March 2, 1907 (34 Stat. 1229; U.S.C., title 8, sec. -), or heretofore under section 1993 of the Revised Statutes of the United States prior to its repeal."" The provision of this section is not only deemed objectionable from the strictly legal standpoint, in view of the fact that it purports to enable the foreign-born wife and children of a person who has obtained naturalization to continue to claim citizenship of the United States through such naturalization even after it has been declared null and void, but also because of its practical effect. The provision of section 15 of the act of June 29, 1906, to which section 2 of this bill relates, for the cancelation of the naturalization of a person who acquires a permanent foreign residence within 5 years after obtaining naturalization, upon the ground that such naturalization was fraudulent ab initio, was adopted largely as a result of many cases which had been brought to the attention of this Department by diplomatic and consular officers abroad, and brought by this Department to the attention of the Congress. For many years before the passage of the act of June 29, 1906, the privilege of naturalization in the United States had been greatly abused by aliens who had never established themselves permanently in the United States, had no intention of doing so, and desired to have the status of citizens of the United States solely for the purpose of obtaining the protection of this Government in the countries from which they came and in other foreign countries. The appeals of such persons to American diplomatic and consular officers for protection or for the support of claims against the governments of the countries in which they were residing, had seriously embarrassed this Department in the conduct of the foreign relations of the United States. Since the adoption of this statutory provision hundreds of these cases have been reported to this department and by it referred to the Department of Justice for the institution of cancellation proceedings. As a result of this action the Government of the United States has been definitely and finally relieved of the necessity of considering large numbers of undeserving appeals. It is manifestly unreasonable that persons whose fraudulent naturalizations have thus been canceled should be enabled to transmit citizenship to other persons. This measure may have been designed principally with a view to giving relief to wives and children of persons whose naturalizations might be canceled after such wives and children had been allowed to enter the United States as citizens. However, if it is deemed desirable to give relief to such persons, by providing for the validating of their admission and for expeditious naturalization, it is believed that these objects could be effected in some other way. There are residing in various foreign countries hundreds, and probably thousands, of persons who might claim citizenship of the United States under the provision in question, although they are alien in every respect and have no real connections with this country. This Department is convinced that it would be most unfortunate to recognize such persons as citizens of the United States. Considering the complex character of this subject and its bearing upon our foreign relations, I suggest that it would be desirable to defer action in the matter for the present, pending a comprehensive study of the nationality laws as a whole, with a view to the much needed revision thereof. As indicated above, there are other provisions of H.R. 14581 in which this Department is interested. It contains two provisions concerning immigration, which are of concern to this Department because of its responsibility in the administration of the Immigration Act of 1924. Officials of this Department will be glad to confer with you, or with other members of the Committee on Immigration, with a view to giving the committee the benefit of the Department's experience in handling citizenship and immigration problems involved in the various provisions of H.R. 14581. Sincerely yours, STATEMENT OF MISS EMMA WOLD, ATTORNEY AT LAW, WASHINGTON, D.C., REPRESENTING NATIONAL WOMAN'S PARTY Miss WOLD. I think I can say what I wish to say in a few minutes. I shall try to limit myself to 5 minutes. My name is Emma Wold, Washington, D.C. Mr. Chairman and members of the committee, the women of this country have frequently come before you or your preceding predecessors on this committee to ask for an equalization of their rights with men as citizens. That is our mission this morning. You have in the past removed some of the injustices, some of the evils, caused by the act of March 2, 1907, which deprived American women who married aliens of their American citizenship. That has been very largely remedied and we feel that the Congress of the United States has been most wise in its recognition of the justice of such steps. We come this morning to ask for an equalization of the rights of women as mothers with the rights of fathers. The bill which is before you contains four provisions. The first section deals with the derivation of nationality through birth. As the child now gets its nationality from its American father, though it may be born outside of the borders of the United States, we ask that in the future a child may also get its nationality from its mother. The language of this section is practically that of Revised Statutes, section 1993, which was section 1 of the act of February 10, 1855. It may surprise you, as it has recently surprised me, to learn that previous to 1855, for a little over 50 years, a child born abroad could not take the American nationality of its father; and that seemed so great an evil to the legislators, the Members of Congress, in the early fifties, that they passed the law which we know as Revised Statutes, section 1993. Now we ask that the law be extended to apply to the children of American mothers. I shall not attempt to say how needful this is, because from your wide experience you know the difficulties of aliens, not only in entering this country, but after entrance, in the disabilities that are placed upon them. The child of an American mother, if born out of the United States, labors under these difficulties and disabilities. The child of an American father does not. The second section deals with the derivation of citizenship by naturalization. As a minor child today gets the American nationality of his father when he is naturalized, we ask that it shall also, on like conditions, be able to get the American nationality of the mother when she is naturalized, as there are cases in which the father prefers not to take on American nationality and the mother does wish to do so. It was partly because of such differences that the independent right of naturalization was granted to women by the law of September 22, 1922. Now we ask that when a mother becomes naturalized, and the father chooses not to, she shall be able to make citizens of her children living in this country by virtue of her naturalization. The third section is not so much an equalizing measure as it is a remedial measure. It would make it possible for those women who have lost their citizenship and may I say here that I am taking the liberty of speaking to a section which I understood was to be introduced this morning, and reading differently from section 3 of the printed bill. This section as I shall read it now is the section that the National Woman's Party supports. Mr. DIES. Is that going to be offered as an amendment? Miss WOLD. I understood that it was to be offered as an amendment. I was told so. The CHAIRMAN. Proceed. Miss WOLD. Shall I read the section as changed? The CHAIRMAN. You want to propose an amendment to section 3 of the new bill? Miss WOLD. Yes; instead of section 3 as it stands in the bill here, which deals only with the renunciation of American citizenship. I understood that this section I have was to be introduced, it reads: A person who has heretofore been a citizen of the United States shall be deemed to be a citizen of the United States notwithstanding his or her marriage to an alien, or notwithstanding the loss of the United States citizenship of the spouse, unless by affirmative act another nationality has been acquired. Then, lest that should create difficulties for some of our men or women who are living abroad, and who prefer to have given up their American nationality-lest it should make it difficult for them under certain circumstances to say that they are not Americans we would add this sentence with regard to renunciation: A citizen of the United States who is married to or who may hereafter marry an alien may make a formal renunciation of the United States citizenship before a court exercising jurisdiction or before a consul of the United States. Mr. MILLARD. Mr. Chairman, in order to keep the record straight, I will offer that amendment. The CHAIRMAN. Very well; it will be considered as offered by Mr. Millard, as dictated, without objection. Miss WOLD. This section as proposed, will restore to women what they lost during only 15 years of our legislative history. It was by the act of March 2, 1907, that it was declared that a woman married to an alien should be deemed to be a citizen of her husband's country. We did not ask what the husband's country thought about it. We simply made the declaration. But on September 22, 1922, that law was changed for the future for most women who might marry aliens. So that you see it was only during a period of 15 years that women lost their American citizenship by virute of marriage to an alien; and this section, as proposed, would restore them to their rights without any further action on their part. Section 4 of the bill is another equalizing provision. It would give to the alien husband the privilege of being naturalized on shorter residence, just as the alien wife of an American man now may be. man now may be. You will remember that the alien wife of an |