RELATING TO NATURALIZATION AND CITIZENSHIP STATUS OF CHILDREN WHOSE MOTHERS ARE CITIZENS OF THE UNITED STATES, AND RELATING TO THE REMOVAL OF CERTAIN INEQUALITIES IN MATTERS OF NATIONALITY

TUESDAY, MARCH 28, 1933

HOUSE OF REPRESENTATIVES,

COMMITTEE ON IMMIGRATION AND NATURALIZATION,

Washington, D. C.

The committee met at 10 a.m., in the Naval Affairs Committee room, House Office Building, Hon. John H. Kerr presiding.

Mr. KERR. Gentlemen, the committee will take up for hearing H.R. 3673 and H.R. 77.

(The bills under consideration follow:)

[H.R. 3673, Seventy-third Congress, first session]

A BILL To amend the law relative to citizenship and naturalization, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1993 of the Revised Statutes is amended to read as follows:

'SEC. 1993. Any child heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose father or mother at the time of the birth of such child was or is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child."

SEC. 2. Section 5 of the act entitled "An act in reference to the expatriation of citizens and their protection abroad", approved March 2, 1907, as amended, is amended to read as follows:

"SEC. 5. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption shall take place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States."

SEC. 3. A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having jurisdiction over naturalization of aliens.

SEC. 4. Section 2 of the act entitled "An act relative to the naturalization and citizenship of married women," approved September 22, 1922, is amended to read as follows:

"SEC. 2. That an alien who marries a citizen of the United States, after the passage of this act, as here amended, or an alien whose husband or wife is naturalized after the passage of this act, as here amended, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, he or she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions: "(a) No declaration of intention shall be required.

"(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State or Territory where the natural

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ization court is held, he or she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least one year immediately preceding the filing of the petition."

SEC. 5. The following acts and parts of acts, respectively, are repealed: The act entitled "An act providing for the naturalization of the wife and minor children of insane aliens, making homestead entries under the land laws of the United States", approved February 24, 1911; subdivision "Sixth" of section 4 of the act entitled "An act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States", approved June 29, 1906; and section 8 of the act entitled "An act relative to the naturalization and citizenship of married women", approved September 22, 1922, as said section was added by the act approved July 3, 1930, entitled "An act to amend an act entitled 'An act relative to naturalization and citizenship of married women', approved September 22, 1922”.

The repeal herein made of acts and parts of acts shall not affect any right or privilege or terminate any citizenship acquired under such acts and parts of acts before such repeal.

[H.R. 77, 73d Cong., 1st sess.]

A BILL To amend the law relating to the naturalization of children of naturalized citizens] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the act entitled "An act with reference to expatriation of citizens and their protection abroad", approved March 2, 1907 (U.S.C., title 8, sec. 8), is amended to read as follows:

"SEC. 5. A child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of United States citizenship by the parent, if such naturalization or resumption takes place before such child reaches the age of sixteen years, but in case the child has not begun to reside permanently in the United States at the time of the naturalization of or resumption of citizenship by the parent, the citizenship of the child shall begin at the time such child begins to reside permanently in the United States if he is then under the age of sixteen years."

SEC. 2. Section 2172 of the Revised Statutes (U.S.C., title 8, sec. 7) is repealed. SEC. 3. The amendment made by this act to section 5 of the act of March 2, 1907, and the repeal by this act of section 2172 of the Revised Statutes shall not terminate citizenship acquired under such sections before such amendment or repeal.

Mr. KERR. The Chair recognizes Mr. Mead, who wishes to make a statement.

STATEMENT OF HON. JAMES M. MEAD, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

Mr. MEAD. Mr. Chairman and members of the committee, I have an amendment to H.R. 3673 which I trust the committee will find it possible to consider during the hearings, and, if possible, to add to the bill as it is now written.

This proposed amendment is an amendment to be added as section no. 6, and reads as follows:

SEC. 6. Any step-child or any legally adopted child of any citizen of the United States shall be accorded the same privilege and rights under this act as would be accorded such child if the step-parent or foster parent who is a citizen of the United States were the natural parent of such child.

I merely offer that in that form for the committee's consideration. It may be necessary, and it may be helpful, if the committee sees fit, to alter or revise the language of the suggestion.

I have a specific case that illustrates the reason for the proposal, which, with your kindness, I will be very glad to read to you.