Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
This decision was soon affirmed by the United States Circuit Court of
Appeals; but even then it was not uniformly observed, until January,
1919, when the United States Supreme Court put an abrupt stop to
the practice of accepting “old-law declarations” by affirming the
decision of the District Court at New York.
The effect of this final ruling by the highest court in the land was
tragic. Hundreds, if not thousands, of pending petitions, of aliens
altogether fit from every other point of view, forthwith became
invalid simply because based upon “old-law declarations” blighted
by the newly applied seven-year restriction. In one session of the
State Supreme Court in New York County a batch of more than seventy
otherwise acceptable petitions was denied for this reason alone.
The question of the effect of the decision upon certificates of
naturalization granted theretofore between its date and September 27,
1913, was met by Congress in the Act of May 9, 1918, by the following
provision:
Section 3. That all certificates of naturalization granted by
courts of competent jurisdiction prior to December 31, 1918, upon
petitions for naturalization filed prior to January 31, 1918,
upon declaration of intention filed prior to September, 27, 1906,
are hereby declared to be valid in so far as the declaration of
intention is concerned, but shall not be by this Act further
validated or legalized.
THE CERTIFICATE OF LAWFUL ENTRY
Assuming, now, that our alien is of the proper racial descent, the
accepted age, and that his declaration of intention will pass muster;
that he has lived in the United States for at least two years since
the declaration was filed, and at least three years besides that--a
total of not less than five years in all, including the final fifth
year in the state--what must he do, and what may be done to him,
when he comes up at last with his request for admission to Active
Membership?
If he arrived in this country since June 29, 1906, he must produce a
Certificate of Arrival. In theory, at least, all arriving aliens are
registered at the port of entry by the Immigration Service of the
Department of Labor. Under existing law they cannot get in at all if
they are of certain excluded races and classes; if they are under
contract to get a particular job; if they are insane or afflicted
with certain diseases; if they are recognizable as anarchists,
polygamists (or believers in either anarchy or polygamy), criminals,
or, in the opinion of the immigration authorities, likely to become a
public charge--a burden upon the community. They must, with certain
exceptions for age and family relationship, be able to read and write
in some language.
Public-domain text, read in full here on John Shaqi.
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