Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
In the unreported case of John Pollock, in the Philadelphia Court
of Quarter Sessions, in 1915, the petitioner had honestly believed
himself to have acquired German nationality from the flag of the
German ship on which he was born, en route to the United States, of
Russian parents coming here with intent to abandon their Russian
nationality, and in his declaration had forsworn the German
sovereignty; but the court held that the honesty of his mistake
could not avail him--“Unfortunately it is impossible to amend
his declaration; ... the application must be denied.” Through a
misunderstanding of the intricacies of political geography in the
then Austria-Hungary, a petitioner who actually was born under that
sovereignty erroneously renounced the German Emperor. In that case,
when, three years later, upon his final petition for naturalization,
the court undertook to amend the declaration, its power to do this
was denied upon the government’s appeal.[72]
Five Austrians went in a body to the office of the clerk of the Court
of Common Pleas in Hudson County, New Jersey, to file declarations of
intention. Doubtless they were very glad, and very grateful, to have
the clerk on duty fill out the required blanks for them! Two years
or more later, when they marched proudly and anxiously into court to
complete their citizenship, their petitions were denied--“declaration
invalid,” because, forsooth, as the court in its decision explained:
... The clerk who filled out their papers _assumed them all to
be German_, and noted this in the declaration accordingly. The
applicants contend that the error was a clerical error on the part
of the clerk, and that their renunciation also included other
sovereigns, rulers, or potentates. This, however, is not sufficient
under the statute.
There are many other cases, in widely separated jurisdictions, to
similar effect, showing, in general, that the courts sustain the
contention of the Naturalization Service that the law does not permit
the rectification of even innocent blunders in the declaration, no
matter by whom or in what circumstances they are made.
Who, then, is to see that the technicalities thus insisted upon in
the enforcement of the law as it reads are duly and truly observed?
Surely not the alien! His care of his own interests is, in the
nature of the case, ill-informed, and under the existing conditions,
improved as they are in comparison with those prevailing in former
times, he is at the mercy not only of the sometimes careless,
begrudging, or perhaps well-intending, but better-informed clerk of
the court, but of many kinds of extra-legal assistants who, whether
with good or with sordid motives, undertake to give, or maybe to
sell, advice or instruction--to say nothing of pretended “influence”
which, anywhere up to seven years later, when the mischief cannot be
remedied, may turn out to have been worse than worthless.
Public-domain text, read in full here on John Shaqi.
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