Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
The operation of the system certainly leaves the petitioner
frequently, at least, in a most unsatisfactory and perilous posture;
as witness the matter of the seven-year limitation upon “old-law
declarations.” The crisis came in September, 1913, and there was
a decision soon afterward in the United States District Court
in New York ruling out all “old-law declarations.” A policy in
regard to these declarations should have been made then--a unified
policy, applicable throughout the Naturalization Service. Nothing
of the sort was done; the decision was heeded in some districts
and ignored in others, _for five years_!--until the Supreme Court
of the United States, sustaining the holding of the District Court
in New York, at one stroke guillotined, so to speak, thousands of
declarants under the old law. In many other matters there is still
not only uncertainty, but variety of interpretation and practice; a
regrettable lack in effect of the “uniform rule” contemplated by the
Constitution.
In many courts the point of view of the judge and that of the
naturalization examiner are at variance, and this leads in some cases
to open bitterness. Some examiners quibble and irritate the judge
with trivial objections; some judges constantly ignore important
provisions of the law urged upon them by the examiners. Between
such extremes the petitioner is a helpless shuttlecock at the time,
and later the victim of cancellation proceedings. There are “too
many cooks,” too little supervised and unified, and among them
the petitioner’s broth is spoiled. One of the crying needs of the
Naturalization Service is a permanent law officer, able and willing
and vigilant to watch the making of the statutes and decisions all
over the country, and to inform and guide the representatives of the
service in their interpretation of the law.
CONFUSED STATE OF THE EDUCATIONAL TEST
It shall be made to appear to the satisfaction of the court that,
during five years at least immediately preceding the date of his
application, he has behaved as a man of good moral character,
attached to the principles of the Constitution of the United
States, and well disposed to the good order and happiness of the
same.
Such is the substance of the law. It requires also that he must be
able to _speak_ the English language, and that each of his precious
two witnesses shall, of their own knowledge, certify that he is
“in every way qualified, in their opinion, to be a citizen of the
United States.” The barbed entanglement of technicalities through
which the petitioner must grope before the questions of substantial
qualification can be reached, we already have seen.
Public-domain text, read in full here on John Shaqi.
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