Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
So far as the “declarant” of any nationality is concerned, it
should be added that our Department of State has always sought to
maintain that a declarant is in a position different from that of
the ordinary alien, has extended a limited degree of protection, and
now issues passports under the authority of an Act passed March 2,
1907--provided he has resided in the United States for three years;
at the same time protecting itself from imposition by such persons
by limiting the validity of such passports to a term of six months,
and providing that an extended residence or domicile abroad shall
be construed as an abandonment of the declared intention. Moreover,
the naturalizing judges and the Bureau of Naturalization examine
with great strictness the reasons for any absence whatever from the
country after the declaration, and usually construe “intention” with
regard to continuous residence with emphasis against the applicant.
Many judges permit no absence, however brief, some going so far as to
rule against any absence from the very county in which the applicant
resides. And during the European War the issuance of such passports
to natives of the belligerent countries was altogether suspended.[32]
The United States was early committed not only by specific utterances
and practices, but by the whole psychology and tradition of its
being, to the principle of free expatriation; nevertheless, great
confusion existed in the interpretation of the right as it related
to efforts of American citizens to become citizens or subjects of
other countries. The policy was finally crystallized in the Act
of March 2, 1907, which provides definitely that “any American
citizen shall be deemed to have expatriated himself when he has been
naturalized in any foreign state in conformity with its laws, or
when he has taken an oath of allegiance to any foreign state.” This
is the Act which, in the same section, provides for the extension
of naturalization by presumption upon two years’ residence in “the
country from which he came,” or upon five years’ residence “in any
foreign state.” But it is provided that “such presumption may be
overcome on the presentation of satisfactory evidence to a diplomatic
or consular officer of the United States, under such regulations as
the Department of State may prescribe.” It is stipulated, however,
that “no American citizen shall be allowed to expatriate himself when
the country is at war.”
During the Great War many American citizens imperiled, and in fact
technically lost, their American citizenship by entering the military
service of the various belligerent nations. After the entry of the
United States into the conflict this was remedied by the enactment of
Section 12 of the Act of May 9, 1918, in which it is provided that
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