Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
The chief examiners have done their best, but differences of
“personal equation” have resulted in a very wide diversity of
policy and attitude. There never has been any adequate unifying
influence in the service; supervision has been conducted largely
by correspondence, and the correspondence has not always been
self-consistent. Even in the matter of transmitting to the chief
examiners the decisions of courts in naturalization matters, there
has been a strong tendency to transmit chiefly those decisions
which supported the contentions of the Naturalization Bureau, so
that there have been cases in which examiners went on insisting upon
interpretations of the law which had been overruled, “getting away
with it” in courts whose judges did not keep close track of the
decisions, to the detriment of petitioners who could not know their
rights--since the alien, as a rule, has no one in court to protect
him, and rarely is in a position to take an appeal.
In the majority of the courts, particularly those far from the great
centers and having relatively little naturalization business, the
judges regard it as more or less of a nuisance, do not keep posted
about the law and decisions, and, looking upon the naturalization
examiner not only as the accredited representative of the government,
but as an expert in this field, follow his recommendations and
contentions; and here, again, there being no one in court to
represent the frightened or embarrassed petitioner, the point of view
of the examiner becomes that of the judge, and the law is handed down
accordingly. On the other hand, a few judges have taken the attitude
that they would not recognize an examiner who was not an attorney
admitted to practice before those particular courts.
“NOTHING TO LITIGATE!”
The Bureau of Naturalization has contended that a naturalization
hearing is not a “case”; that there is nothing to litigate; that
the examiner is present not as an attorney, but as a friend and
informant of the court, with which abides the final responsibility.
It holds that the petitioner does not need an attorney, the judge
being assumed to be of course as solicitous to protect the interests
of the petitioner as those of the country’s citizenship. No allowance
is made under this theory for judges like the one, for instance,
who regards it as his duty to “construe everything against the
petitioner”!
Public-domain text, read in full here on John Shaqi.
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