Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
The declaration of intention, particularly if it be properly guarded
and solemnized, puts everybody, at least constructively, upon notice
that a new member is applying, and requires the declarant himself
to keep that application in mind for two years. He cannot suddenly
decide, by reason of some special condition or inconvenience, to
apply for citizenship and consummate the process in three months,
as he could do if the declaration were abolished without extending
the interval between petition and certificate. The defects in the
present system are found in the fact that he can file his declaration
anywhere at will, in a form so defective that two years or more
later it nullifies his petition; he can be grafted upon and bled
_ad libitum_ by all manner of exploiters claiming to be able to
assist him. However valuable in theory, in practice it is far too
hit-or-miss.
The declaration should be surrounded by a very much greater degree
of care and solemnity than at present. Not only should it be made
under oath and on properly guarded printed forms; when it is filed it
should be scrutinized and accepted as to substance, and by no means
be subject long afterward to rejection because of clerical or other
technical errors which ought to have been detected at the outset.
The St. Louis office of the Naturalization Service has taken a long
step in this direction, by securing the co-operation of many of the
courts in that district in the establishment of a custom by which
the declaration is accepted for filing only after it has been viséd
by the naturalization officers. This has no authority in law, but it
nevertheless is a wholesome practice, chiefly in the interest of the
alien declarant; incidentally it goes far to put out of business the
various kinds of parasites who exploit the ignorance and helplessness
of the aspirant for citizenship.
THE SEVEN-YEAR LIMITATION
The law of 1906 limited the life of a declaration of intention to
seven years. Prior to that there was no limit, and even after the
passage of that Act it was held in practice that it did not apply to
declarations made previously. But in 1913 the question was raised,
in the United States Court in New York City, whether it was not
the intent of Congress to apply the seven-year limitation to _all_
declarations. In 1914 the court ruled that it was. The effect of that
decision was to invalidate all declarations made prior to September
27, 1906, notwithstanding the express provision in the law that “no
alien who, in conformity with the law in force at the date of his
declaration, has declared his intention to become a citizen of the
United States, shall be required to renew such declaration.”
Public-domain text, read in full here on John Shaqi.
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