Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
It is customary for naturalizing courts, in denying petitions, to add
some phrase governing a later renewal; such as “without prejudice to
renewal”; or “with prejudice to renewal before the expiration of five
years from the date of this order of denial.” In absence of such a
phrase the court passing upon the second petition--especially if the
former denial was on the ground of “immoral character”--requires the
lapse of at least five years and exceedingly good proof of reform.
The law requires that the petitioner must show affirmatively not only
that during the whole period of five years immediately preceding
the date of his petition he has behaved as a person of good moral
character, attached to the principles of the Constitution, etc.,
but that he _is_ at the time of the petition such a person. Courts
have been known to deny petitions for acts committed before the
beginning of the five-year period, on the ground that they involved
ineradicable moral turpitude. Judges have shown much liberality on
this point, however; there was a case of an old homesteader who had
spent several years in the penitentiary; but the judge inquired
far enough into the history of the matter to learn that the man
was convicted as the result of a conspiracy on the part of certain
neighbors who wished to get his homestead.
The latitude of the courts in this respect is very wide, and
interesting slants are to be found in the decisions. There was a
saloonkeeper in Chicago who participated in the then general custom
of keeping liquor saloons open on Sunday in violation of the law,
the policy of the city administration at that time being that of
non-enforcement. There came a time when public sentiment required
enforcement of the Sunday-closing law, and thereupon this man
promptly obeyed the orders of the police to that effect. When his
petition for naturalization came up, it was held that the consent
of the authorities to his disobedience of the law was no excuse; a
person who would accept the benefit of an evasion of the law could
not be of “good moral character.”
Said the court:
If a rule were laid down that it is immoral to knowingly and
willfully violate the law in a community where public sentiment
approves the law, but not immoral in a community where public
sentiment does not approve the law, it would be most disastrous to
the good order and well-being of society.... That public officers
charged with enforcement of the law do not do so cannot change
the effect upon the moral character of a man who willfully and
habitually violates it.[82]
This was a case in which the government succeeded in canceling a
certificate already granted, and it shows, as do many others, what
a severe gantlet the petitioner must run, and how his past is combed
over before he can show that he is altogether qualified. Gerstein was
required to wait before filing a second petition; the court said:
Public-domain text, read in full here on John Shaqi.
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