Tom C. Clark

“ The Government contends that petitions for naturalization are to be governed exclusively by § 405 (b) , and that since respondent does not come within the terms of that subsection-his petition not having been filed before the effective date of the new Act-the savings clause is inapplicable and the substantive provisions of the 1952 Act apply.
The facts are not in dispute. Respondent was admitted for permanent residence in the United States on March 7, 1948, and the following month he filed his declaration of intention to become a citizen. ”

“ The apparent object of this optional provision is to preserve the rights of aliens under state laws, where, for example, there may be a requirement that a legally resident alien shall have filed his declaration of intention before he can obtain work. ”

“ Savings clauses of the type here involved-broad, inclusive provisions-date back to the general statutes on immigration and naturalization enacted in the early part of this century. The Naturalization Act of 1906, 34 Stat. 596, the first real codification of our nationality laws, did not contain a general savings clause, but sought to protect certain prior rights by means of specific provisions. 34 Stat. 597, 599, 603. Nor was there an over-all savings provision in the first of the general immigration laws following the turn of the century. ”

“ Section 405 (a) , on the other hand, provides that nothing in the new Act shall 'affect' any of the enumerated subjects, preserving the law as it existed immediately prior to the effective date of the Act. Thus § 405 (b) may 'otherwise specifically provid (e) ' for a law applicable to pending petitions different from the law preserved by § 405 (a) for other protected interests. ”

“ Section 316 (a) of this Act, 66 Stat. 242, 8 U.S.C. § 1427 (a) , 8 U.S.C.A. § 1427 (a) , imposed a new requirement of physical presence: to be eligible for citizenship, an alien must be physically present in the United States for at least one-half the period constituting his five-year residence. When, on April 24, 1953, Menasche filed his petition for naturalization, he lacked 14 months of fulfilling this new requirement. Thus, if the 1952 Act applies to respondent's case, it is clear he may not be naturalized, while under the 1940 Act he is admittedly eligible for citizenship. ”