Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
There was a dubious situation regarding Porto Ricans; for it was
held at first that, when the United States acquired Porto Rico and
the Philippines by the Spanish War, these peoples came under the
“protection” of the United States, but did not thereby acquire status
as citizens. The Act of Congress, March 2, 1917, cleared up this
situation, however, declaring permanently resident Porto Ricans to be
citizens, unless they owed allegiance to a foreign country, or within
six months after the passage of the Act specifically refused American
citizenship. This Act created the judicial “district of Porto Rico,”
and definitely vested naturalization jurisdiction in the United
States District Court for that district, declaring residence in Porto
Rico to be tantamount, for naturalization purposes, to residence
anywhere else in the United States.
The Act of May 9, 1918, which swept into eligibility for immediate
citizenship upward of two hundred thousand aliens serving in the
army, navy, marine corps, and merchant marine, definitely extended
the privilege to several classes, including Filipinos and Porto
Ricans, regardless of every consideration other than military
service, and it has been interpreted in favor of even Chinese and
Japanese in those branches of the national war employ.[68]
LIMITATIONS REGARDING AGE
The present law says clearly that an alien may not make a declaration
of intention until he is eighteen years old. The old law contained
a provision to the effect that anyone who arrived in the United
States before the age of eighteen could, after he had been here the
required five years, become naturalized by virtue of one proceeding,
which was held to constitute both declaration and final petition.
Otherwise, nothing was said in the old law regarding the age required
for declaration; an alien must be twenty-one, however, in order to
be naturalized. There was a good deal of uncertainty and confusion
on this point, both the Naturalization Service and the courts
taking varying and inconsistent positions from time to time and in
various jurisdictions. This is of only academic interest now; but
the situation is still somewhat dubious, because an alien can file
his declaration at the age of eighteen, and in a strict construction
of the law he can file his petition two years later at the age of
twenty. Some courts have so construed it. It is generally customary,
however, for the courts to insist upon the age of twenty-one
before granting citizenship; although one should bear in mind that
citizenship does not necessarily involve the suffrage, and all states
of the United States require attainment of twenty-one years before
the citizen can vote.
THE DECLARATION OF INTENTION
Public-domain text, read in full here on John Shaqi.
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