Immigration and Naturalization Service

“ Different considerations do not govern merely because this is a naturalization case. When the Government seeks to strip a person of citizenship already acquired, [9] or deport a resident alien and send him from our shores, [10] it carries the heavy burden of proving its case by 'clear, unequivocal, and convincing evidence.' [11] But when an alien seeks to obtain the privileges and benefits of citizenship, the shoe is on the other foot. He is the moving party, affirmatively asking the Government to endow him with all the advantages of citizenship. ”

“ Based on the historical background of the Immigration and Nationality Act, [6] the manifest purpose of Congress in enacting § 106 (a) , the context of the statutory language when viewed against the prevailing administrative practices and procedures, and pertinent legislative history of § 106 (a) , we are led to the conclusion that the interpretation argued for by petitioner and the Government is the correct one.
Prior to 1940, the Attorney General had no discretion with respect to the deportation of an alien who came within the defined category of deportable persons. ”

“ Because that status, once granted, cannot lightly be taken away, the Government has a strong and legitimate interest in ensuring that only qualified persons are granted citizenship. For these reasons, it has been universally accepted that the burden is on the alien applicant to show his eligibility for citizenship in every respect. ”

“ Refugees from Communist lands were also benefited, but the Act principally granted relief to persons who would be temporarily or permanently separated from their nearest relatives if the strict requirements of the Immigration and Nationality Act, including the national quotas, were not relaxed for them. ”

“ But even if § 241 (f) were generally applicable, these aliens could not claim its benefits because they were not within their respective national immigration quotas and therefore were not 'otherwise admissible' at the time they entered the United States. That is the clear import of the statutory qualification, if its words are to be taken at their face value. That, too, has been the uniform and consistent administrative construction of the statute. ”

“ The comprehensive addition of the clause 'or concerning any matter which is material and relevant to the enforcement of this Act and the administration of the Service', precludes such narrowing reading. 'Act' encompasses the full range of subjects covered by the statute. The Immigration and Nationality Act of 1952 brought together in one statute the previously atomized subjects of immigration, nationality and naturalization. ”

“ Even assuming that an alien may be denied citizenship on the statutory ground of Party membership only when 'meaningful association' is shown, the broader question asked of the petitioner was certainly material and relevant. The Government is entitled to know of any facts that may bear on an applicant's statutory eligibility for citizenship, so that it may pursue leads and make further investigation if doubts are raised. ”

“ The argument is made that it is anomalous to hold that a person found to have procured his naturalization by willful misrepresentation is not subject to deportation, although he would be deportable if he had never been naturalized at all. But it is not at all certain that this petitioner would be deportable today if he had never acquired naturalized citizenship. ”

“ The issue is whether the statute saves from deportation an alien who misrepresents his status for the purpose of evading quota restrictions, if he has the necessary familial relationship to a United States citizen or lawful permanent resident. ”

“ The most important provisions of the Act provide for special nonquota status for the adopted children or illegitimate children of immigrant parents, and for orphans who have been or are to be adopted by United States citizens. Other important provisions allow the Attorney General to waive certain grounds for exclusion or deportation, including affliction with tuberculosis or conviction of a crime involving moral turpitude, on behalf of aliens who are near relatives of United States citizens or of aliens lawfully admitted for permanent residence. ”

“ No less a burden of proof is appropriate in deportation proceedings. The immediate hardship of deportation is often greater than that inflicted by denaturalization, which does not, immediately at least, result in expulsion from our shores. And many resident aliens have lived in this country longer and established stronger family, social, and economic ties here than some who have become naturalized citizens. ”

“ Another provision specifies that no applicant may be found to be a person of good moral character who, within that period, 'has given false testimony for the purpose of obtaining any benefits' under the Act. [2] The petitioner, an alien who entered this country from Hungary in 1956, filed a petition for naturalization in the United States District Court for the District of Massachusetts in 1962. ”

“ A naturalized citizen would not 'at the time of first imposing judgment or passing sentence,' or presumably 'within thirty days thereafter,' be an 'alien' who could seek to invoke the protections of this section of the law. ”

“ The provision in my view does not mean what the INS now asserts (if this is the regulation it has in mind) : that if a respondent fails to object to a particular country as a default destination he cannot later object when that country is substituted as his primary destination. For when he objects to a country that has been substituted as the primary destination, it is no longer "withholding of deportation to the country or countries specified by the special inquiry officer" under § 242.17 (c) that he is applying for, and hence it is no longer " [an] application under this section." ”

“ Under § 242 (b) a number of procedural safeguards are specified to insure that an alien is given the full benefit of a complete and fair hearing before the harsh consequence of deportation can be imposed on him. [1] The second procedure involved in this case is set forth in § 252 (b) . It is applicable only under very special circumstances involving alien seamen who enter this country under conditional landing permits. Section 252 (b) provides for a short, summary procedure. ”

“ Immigration and Naturalization Service 113 F.3d 1242 (1997) Rodriguez-Solito v. Immigration and Naturalization Service 113 F.3d 1242 (1997) Murti v. Immigration and Naturalization Service 113 F.3d 1242 (1997) National Labor Relations Board v. Rms Foundation Inc 113 F.3d 1242 (1997) Roos v. Immigration and Naturalization Service 113 F.3d 1242 (1997) Sanchez v. Immigration and Naturalization Service 113 F.3d 1242 (1997) Trejo-Velasquez v. Immigration and Naturalization Service 113 F.3d 1242 (1997) Resendiz v. Immigration and Naturalization Service 113 F.3d 1242 (1997) Sun Valley Aviation Inc v. ”

“ The Bureau of Immigration is henceforth to be called the Bureau of Immigration and Naturalization, and is to have charge of the business of naturalization. A register is to be kept at immigration stations, giving full information in regard to all aliens arriving in the United States. ”

“ Finally, in 1906, Congress enacted a law giving to the Bureau of Immigration control over naturalization. The object is to bring all of the courts under a uniform practice, to provide complete records and means of identification, to establish publicity, to enable the government to appear in court and resist fraudulent naturalization, and to impose severe penalties. [109] The law also adds something to the qualifications required of the alien. ”

“ What we really did was to increase the technicalities which cost influence and money to satisfy, but which gave America no better citizens. The naturalization law provides that an alien before becoming a citizen shall have a continuous residence of five years in America, shall comply with certain rules, shall have a knowledge of the English language and of the constitution, and shall renounce all allegiance to foreign governments. ”

“ This Act, taken in conjunction with other laws regulating immigration and naturalization, has constituted a comprehensive and uniform system for the regulation of all aliens and precludes enforcement of a State registration act. Said the Court, speaking by Justice Black: "With a view to limiting prospective residents from foreign lands to those possessing the qualities deemed essential to good and useful citizenship in America, carefully defined qualifications are required to be met before aliens may enter our country. ”

“ S.Rep.No.628, 74th Cong., 1st Sess., 29.↑ We have no occasion to decide whether Congress, in the exercise of the immigration and naturalization power, could itself enact a statute imposing on aliens a uniform nationwide residency requirement as a condition of federally funded welfare benefits. ”

“ The Congressional purpose, as announced by the chairman of the Senate sub-committee which drafted the final bill, was to 'work * * * the new provisions into the existing (immigration and naturalization) laws, so as to make a harmonious whole.' [34] That 'harmonious whole' included the 'Uniform Rule of Naturalization' the Constitution empowered the Congress to provide. [35] And as a part of that 'harmonious whole', under the federal Act aliens need not carry cards, and can only be punished for wilful failure to register. ”

“ A study made by the United States Immigration Commission some years ago showed that of 68,942 foreign born males employed in various mining and manufacturing industries, and who had been in the United States for five years or more, only 33.3 per cent had obtained naturalization papers. ”

“ It would be well to make such immigration of a selective nature with some inspection at the source, and based either on a prior census or upon the record of naturalization. Either method would insure the admission of those with the largest capacity and best intention of becoming citizens. I am convinced that our present economic and social conditions warrant a limitation of those to be admitted. We should find additional safety in a law requiring the immediate registration of all aliens. ”

“ Naturalization requirements. Except as otherwise provided in this Act, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this Act and of the immigration laws. ”

“ My opinion * * * is that, in addition to domicile and intent to remain, such expressions or acts as amount to a renunciation of United States citizenship and a willingness to submit to or adopt the obligations of the country in which the person resides, such as accepting public employment, engaging in military services, etc., may be treated by this Government as expatriation, without actual naturalization. Naturalization is without doubt the highest, but not the only evidence of expatriation. ”

“ A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts. ”

“ The voluntary character of their coming is essential,—hence we shut out all immigration assisted or constrained by foreign agencies. The purpose of our generous treatment of the alien immigrant is to benefit us and him alike,—not to afford to another State a field upon which to cast its own objectionable elements. A convention of naturalization may not be construed as an instrument to facilitate any such process. ”

“ Fourteenth—That the National Republican party is opposed to any change in our naturalization laws, or any State legislation by which the rights of citizenship, hitherto accorded to immigrants from foreign lands shall be abridged or impaired; and in favor of giving a full and efficient protection to the rights of all classes of citizens, whether native or naturalized, both at home or abroad. ”