Naturalization (law)

“ Nor would a naturalization law excepting persons of a certain race and their children be invalid unless the amendment has abridged the power of naturalization. This cannot apply to our colored fellow-citizens, who never were aliens — were never beyond the jurisdiction of the United States. ”

“ The Fourteenth Amendment of the Constitution, in the declaration that
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, contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. ”

“ Every nation which has thus forbidden expatriation has at the same time granted naturalization, and the general practice of nations is undoubtedly the law of nations. Does not England naturalize foreigners? Does she not naturalize your citizens? If she does not do it as generally as you do, it is because it is not her policy to do so; it is enough that she naturalizes your seamen; it is enough that all nations have, at the same moment, forbidden expatriation and granted naturalization. ”

“ That being proved, it is competent for the nationality, or for the government, wherever that subject may reside, to naturalize that class of persons by treaty or by general law, as is proposed by the amendment of the gentleman from New York [Mr. Raymond] . It is the act of the sovereign alone that is requisite to the naturalization of that class of persons, and it may be done either by a single act naturalizing entire races of men, or by adopting the heads of families out of those races, or it may be done to any extent, greater or less, that may please the sovereign. ”

“ The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle. ”

“ 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. ”

“ The United States, with great liberality, offers its citizenship to all who in good faith comply with the requirements of law. These requirements are as simple and upon as favorable terms to the emigrant as the high privilege to which he is admitted can or should permit. I do not propose any additional requirements to those which the law now demands; but the very simplicity and the want of unnecessary formality in our law have made fraudulent naturalization not infrequent, to the discredit and injury of all honest citizens, whether native or naturalized. ”

“ It is true that naturalization under the acts of congress known as the 'Naturalization Laws' can only be completed before a court, and that the usual proof of naturalization is a copy of the record of the court. ”

“ There are special provisions of law favoring the naturalization of those who serve in the Army or in merchant vessels, while no similar privileges are granted those who serve in the Navy or the Marine Corps.
"An uniform rule of naturalization" such as the Constitution contemplates should, among other things, clearly define the status of persons born within the United States subject to a foreign power (section 1992) and of minor children of fathers who have declared their intention to become citizens but have failed to perfect their naturalization. ”

“ The work of granting citizenship by naturalization is in the hands of such regular courts as are designated by law for this purpose. Applications must be on prescribed forms; evidence as to residence has to be presented; and the oath of allegiance to the United States must be taken. Many thousands of aliens are admitted to citizenship in this way every year. [21] The naturalization of a husband also naturalizes his wife without any action on her part. The naturalization of a father makes all his minor children citizens. ”

“ This, in accordance with the wider view of the effect of naturalization in the United Kingdom, may mean that naturalization in pursuance of a colonial law confers the full character of a British subject, only without removing disabilities, such as that to hold land, under which the naturalized person may have lain as an alien in any other British possession. ”

“ The method of obtaining naturalization is thus: the party desiring it goes before the governor, and tenders his oath of allegiance, which the governor thereupon administers, and immediately makes certificate of it under the seal of the colony. By this means, the person alien is completely naturalized to all intents and purposes.
§ 63. The French refugees sent in thither by the charitable exhibition of his late majesty king William, are naturalized, by a particular law for that purpose. ”

“ We maintain that the Naturalization Laws should be so altered as to require of all Foreigners who may hereafter arrive in this Country, a residence of twenty-one years, before granting them the privilege of the Elective Franchise; but at the same time, we distinctly declare, that it is not our intention to interfere with the vested rights of any citizen, or lay any obstruction in the way of Foreigners obtaining a livlihood or acquiring property in this country ”

“ The naturalization laws impose no difficulties in the acquisition of citizenship, although there is absolute freedom on the part of the alien resident to hold land and property and to enjoy all the privileges conferred upon inborn citizens, except that of voting at Congressional or Presidential elections. Even certain public positions may be held by foreigners without naturalization. ”

“ Our naturalization laws should be so amended as to make the inquiry into the character and good disposition of persons applying for citizenship more careful and searching. Our existing laws have been in their administration an unimpressive and often an unintelligible form. ”

“ The issue here presented is whether an alien, who filed his declaration of intention to become an American citizen before the effective date of the 1952 Act, and who otherwise complied with the naturalization laws then in effect, has a 'status,' 'condition,' or 'right in process of acquisition' preserved by § 405 (a) , supra, despite the fact that his petition for naturalization was filed after the effective date of the new Act. ”

“ That the supremacy of the national power in the general field of foreign affairs, including power over immigration, naturalization and deportation, is made clear by the Constitution was pointed out by authors of The Federalist in 1787, [9] and has since been given continuous recognition by this Court. [10] When the national government by treaty or statute has established rules and regulations touching the rights, privileges, obligations or burdens of aliens as such, the treaty or statute is the supreme law of the land. ”

“ A state may acquire jurisdiction over persons by annexation of the territory upon which they reside. The territory may be acquired by cession, exchange, purchase, conquest, etc. The conditions of the transfer of allegiance from the state formerly possessing the territory is usually fixed by the treaty. This transfer is known as collective naturalization. ”

“ This leaves the class permitted so to own land made up of citizens and aliens who may, and who intend to, become citizens, and who in good faith have made the declaration required by the naturalization laws. The inclusion of good faith declarants in the same class with citizens does not unjustly discriminate against aliens who are ineligible or against eligible aliens who have failed to declare their intention. The classification is based on eligibility and purpose to naturalize. Eligible aliens are free white persons and persons of African nativity or descent. ”

“ The language of the naturalization laws from 1790 to 1870 had been uniformly such as to deny the privilege of naturalization to an alien unless he came within the description 'free white person.' By section 7 of the act of July 14, 1870 (16 Stat. 254, 256 [Comp. St. § 4358] ) , the naturalization laws were 'extended to aliens of African nativity and to persons of African descent.' Section 2169 of the Revised Statutes, as already pointed out, restricts the privilege to the same classes of persons, viz. ”

“ Every independent State has as one of the incidents of its sovereignty the right of municipal legislation and jurisdiction over all persons within its territory, and may therefore change their nationality by naturalization, and this without regard to the municipal laws of the country whose subjects are so naturalized, as long as they remain, or exercise the rights conferred by naturalization, within the territory and jurisdiction of the State which grants it. ”

“ That act of naturalization is the declaration of a contract between the American government, on the one hand, and the new-made citizen on the other, whereby the latter formally and solemnly transfers his allegiance to that government, and withdraws it from any other which might previously have had a claim on it ”

“ By the clearest implication those laws show that it was not intended that naturalization could be secured thereunder by an alien whose purpose was to escape the duties of his native allegiance without taking upon himself those of citizenship here, or by one whose purpose was to reside permanently in a foreign country, and to use his naturalization as a shield against the imposition of duties there, while by his absence he was avoiding his duties here. Naturalization secured with such a purpose was wanting in one of its most essential elements,-good faith on the part of the applicant. ”