"Par. 3.39-Attorneys and others representing aliens applying for admission to the United States or who are the subject of deportation proceedings are entitled to review records in the respective cases in which they have entered appearance. Records will be considered as including motions in board cases and summaries made by the examining officer in warrant cases.

"Subdivision B.-Fees.

"Paragraph 1.-No attorney or agent or other person shall in any case demand or receive compensation of any character exceeding $25 for appearing in behalf of an alien or aliens constituting one family applying for admission, unless authorized so to do by the department or officer in charge of immigration station.

"Subdivision C.-Disbarment.

"Paragraph 1.—The Secretary of Labor may suspend or exclude from further practice before the department or any immigration station any person, firm, corporation or association who shall charge or receive, either directly or indirectly, any fee or compensation for his services in excess of the above rate except in the manner herein provided, or who, with intent to defraud, deceives, misleads, or threatens any alien or who refuses to comply with the immigration laws and rules."

39 Bureau of Immigration, General Order No. 32, of June 16, 1924, supplementing subdivision A, rule 25, Immigration Regulations.

516

1. Mission

CHAPTER 50

BUREAU OF NATURALIZATION

The mission of the Bureau of Naturalization is to administer the naturalization laws, so as to contribute to the elevation of citizenship standards.

2. History

"Naturalization is as old as the nation itself. In the Declaration of Independence we find as one of the grievances of the colonies against the king of England that he 'has endeavored to prevent the population of these states, for that purpose obstructing the laws for naturalization of the foreigner.'

"When the colonies had gained their independence, they wrote into the Constitution a provision that Congress shall have power 'to establish a uniform rule of naturalization.' Then, pursuant to the authority conferred by the Constitution, there followed quickly the first naturalization law, passed on March 26, 1790." 8 4 There were many other early statutes.5 Prior to the naturalization laws of 1906, there had been little or no supervision, and naturalization had fallen into a national and even an international scandal. Sometimes citizenship was bought and sold, and used as a cloak by immigrants who possessed little or no knowledge of the institutions of this country.

"In 1906 Congress established for the first time a workable, uniform rule of naturalization, and in addition established a federal force to control and supervise it. The law became effective on September 27 of that year, and from that day naturalization ceased to be a scandal, and American citizenship through the process of naturalization has been raised to a high standard. The government, recognizing the inability of the courts to furnish personnel to investigate the legal qualifications and moral character of petitioners, provided a force of examiners to investigate the cases and thereafter report to the courts, in order that the latter

1 Act June 29, 1906 (34 Stat. 596), as amended in sections 16, 17, and 19 by Act March 4, 1909 (35 Stat. 1102 [Comp, St. §§ 10242, 10243, 10245]); in section 13 by Act June 25, 1910 (36 Stat. 830 [Comp. St. § 4372]), by Act March 4, 1913 (37 Stat. 736 [Comp. St. § 932 et seq.]), creating the Department of Labor, and by Act May 9, 1918 (40 Stat. 542). 2 Const. U. S. art. 1, § 8.

31 Stat. 103.

4 "Making New Americans," James J. Davis, in "Humanity in Government," Bureau of Labor Bulletin 346, p. 10.

5 Act Jan. 29, 1795 (1 Stat. 414); Act June 18, 1798 (1 Stat. 566); Act April 14, 1802 (2 Stat. 153); Act March 26, 1804 (2 Stat. 292); Act March 3, 1813 (2 Stat. 811); Act July 30, 1813 (3 Stat. 53); Act March 22, 1816 (3 Stat. 258); Act May 26, 1824 (4 Stat. 69); Act May 24, 1828 (4 Stat. 310); Act June 26, 1848 (9 Stat. 240); Act Feb. 10, 1855 (10 Stat. 604); Act July 17, 1863 (12 Stat. 597); Const. U. S., Amend. 14, 1868; Act June 17, 1870 (16 Stat. 154); Act July 14, 1870 (16 Stat. 254); Act June 7, 1872 (17 Stat. 268); Act Feb. 18, 1875 (18 Stat. 318); R. S. U. S. § 1994 (Comp. St. § 3948) and sections 21652174; Act Feb. 1, 1876 (19 Stat. 2); Act May 6, 1882 (22 Stat. 61); Act July 26, 1894 (28 Stat. 124); Act March 3, 1903 (32 Stat. 1222).

might, before they took action on the applications, be apprised of the worthiness or unworthiness for American citizenship of the applicants."

The law of 1906 has been modified in slight respects. The so-called "Soldier Act" of 1918 permitted approximately 170,000 foreign-born soldiers and sailors in the American service during the World War to be admitted into American citizenship without compliance with the usual formalities. It was felt by many that, if those in the service were good enough to fight for this country, they were good enough to be citizens. Many were admitted to citizenship in the camps throughout the country, and some through applications filed abroad while in the service.

Many of the earlier laws have been repealed.9

3. Activities

The duties of the Bureau of Naturalization are to supervise the work of the courts in naturalization matters, to require an accounting from the clerks of courts for all naturalization fees collected by them, examine and audit these accounts, deposit them in the Treasury of the United States through the disbursing clerk of the department, and render an accounting therefor quarterly to the Auditor for the State and other departments, to conduct all correspondence relating to naturalization, and, through its field officers located in various cities of the United States, to investigate the qualifications of the candidates for citizenship and represent the government at the hearings of petitions for naturalization. In its administration of the naturalization laws the bureau obtains the co-operation of the public school authorities throughout the United States, receives reports therefrom of courses in citizenship instruction, and, acting as a clearing house of information on civic instruction, it disseminates the information received. throughout the public school system. It stimulates the preparation of candidates for citizenship for their new responsibilities by bringing them into contact at the earliest moment with the Americanizing influences of the public school system.

In the archives of the bureau are filed duplicates of all certificates of naturalization granted since September 26, 1906, as well as the preliminary papers of all candidates for citizenship filed since that date.

District directors of naturalization, assistant district directors of naturalization, head naturalization examiners, and naturalization examiners, and each of them, when appearing on behalf of the United States before courts in naturalization proceedings, have the right to examine and cross-examine the petitioner and witnesses produced in support of his right to admission to citizenship, and the

6"Making New Americans," James J. Davis, in "Humanity in Government," Bureau of Labor Bulletin 346, p. 11.

7 Act June 29, 1906 (34 Stat. 596); Act March 2, 1907 (34 Stat. 1228 [Comp. St. §§ 3958-3964]); Act March 4, 1909 (35 Stat. 1102); Act June 25, 1910 (36 Stat. 830); Act Feb. 24, 1911 (36 Stat. 929 [Comp. St. § 4365]); Act March 4, 1913 (37 Stat. 736 [Comp. St. § 932 et seq.]); Act June 30, 1914 (38 Stat. 395); Act March 2, 1917 (39 Stat. 953); Act Oct. 5, 1917 (40 Stat. 340).

8 Act May 9, 1918 (40 Stat. 542).

For acts and parts of acts repealed, see subdivisions 11 and 12 of section 4, and section 26 of the act of 1916, and section 2 of the act of 1918 (40 Stat. 546).

right to call witnesses, produce evidence, and to be heard in opposition to the granting of any petition in such naturalization proceedings.

These naturalization officers, before proceeding to the final hearing of any petition for naturalization, shall require proof of the posting of the petition in accordance with law, and in default of such proof must move that the final hearing on such petition be continued pending the submission of such proof of posting. It is the duty of all district directors of naturalization, assistant district directors of naturalization, head naturalization examiners, and naturalization examiners, believing or having reason to believe that any certificate of naturalization has been wrongfully issued, or fraudulently or illegally procured, or that an offense has been committed against the naturalization laws, to immediately investigate or cause to be investigated all facts and circumstances concerning the issuance of such certificate, or the commission of such offense, and report the same in writing to the Commissioner of Naturalization, with appropriate recommendations; and where such investigation indicates the probable commission of an offense, a duplicate of such report must be forwarded to the proper United States district attorney.

For the purpose of promoting instruction and training in citizenship responsibilities of aliens who are applicants for naturalization, district directors of naturalization, within their respective districts, freely co-operate with the proper public school authorities and others engaged in such work, and cause the Federal Citizenship Text-Book published by the Bureau of Naturalization to be distributed to alien candidates for citizenship who are in attendance upon public schools offering such instruction and training.4

4. Rules Applying the Naturalization Laws

(a) Rules 2 and 3 of Naturalization Rules and Regulations,10 relate to the duties of clerks of courts and official forms in connection with naturalization.

(b) A declaration of intention made by an alien who is, or whose husband11 is, of Chinese,12 Japanese,13 or the Hindu14 race, will not be filed in a court having naturalization jurisdiction; nor of an alien who does not reside within the judicial district of such court.

(c) Where an alien has assumed a name other than his true name, both names must be signed.15

(d) An alien candidate for citizenship must be at least 21 years of age at the time he executes his petition for naturalization.16

4 "Making New Americans," James J. Davis, in "Humanity in Government," Bureau of Labor Bulletin 346, p. 10.

10 Naturalization Laws and Regulations, June 15, 1924, Department of Labor, Government Printing Office, pp. 31-42. Price 10 cents.

11 Act Sept. 22, 1922 (42 Stat. 1021).

12 Act May 6, 1882 (22 Stat. 61 [Comp. St. § 4290 et seq.]).

13 Takao Ozawa v. U. S., 260 U. S. 178, 43 S. Ct. 65, 67 L. Ed. 199; Takuji Yamashita

v. Hinkle, Secy. of State, 260 U. S. 199, 43 S. Ct. 69, 67 L. Ed. 209.

14 United States v. Bhagat Singh Thind, 261 U. S. 204, 43 S. Ct. 338, 67 L. Ed. 616. 15 Rule 4, Regulations.

16 Rule 5, Id.

(e) The petition may not be filed within less than two, nor more than seven, years after the declaration of intention.

(f) A petition for naturalization, executed by the widow and minor children of a deceased declarant, pursuant to the provisions of the sixth subdivision of section 4 of the Act of June 29, 1906,1 as amended, shall be made and filed not less than two nor more than seven years after the filing of the declaration of intention by the deceased husband and father.16

(g) An alien arriving in the United States subsequent to June 29, 1906, must attach a "certificate of arrival" (form 145 or 526), showing time, place, and manner of such alien's arrival, to his petition; so also as to a petition of a married woman seeking to regain American citizenship lost through marriage to an alien when, during the continuance of the marital status, the petitioner resided outside the United States, or where the original arrival in the United States was subsequent to June 29, 1906. Telegraphic advices as to such data may be obtained by district directors and head naturalization examiners at the expense of the alien candidate.17

(h) Proof of Residence; Depositions.—Where a portion of the residence alleged in the petition for naturalization has been outside of the state, territory, or District of Columbia where such petition is filed, it may be established by the depositions of two or more witnesses, citizens of the United States; the personal appearance or oral testimony of such witnesses at the final hearing shall not be required.16

(i) Where a petition for naturalization is executed by the widow and minor children of a deceased alien who declared his intention to become a citizen of the United States, such declaration of intention or a certified copy thereof shall be filed with and made part of the petition for naturalization.16

(j) A petition for naturalization executed and filed pursuant to the provisions of the tenth subdivision of section 4 of the Act of June 29, 1906, as amended, must be supported by the affidavit of the petitioner (form 146) which may be accepted in lieu of a declaration of intention. Such affidavit shall be executed in duplicate and the original and duplicate thereof shall be attached to the original and duplicate of the petition for naturalization.16

(k) Where an American Indian who served in the military or naval forces of the United States during the World War seeks to be admitted to citizenship, he shall make a verified application therefor in triplicate (form 5-219) to the proper naturalization examiner, who shall thereupon assist such applicant to execute and file the necessary petition for naturalization. The original and duplicate of the application shall be filed with and made part of the petition for naturalization, and the triplicate shall be forwarded to the proper Indian superintendent.10

1 Act June 29, 1906 (34 Stat. 596), as amended in sections 16, 17, and 19 by Act March 4, 1909 (35 Stat. 1102 [Comp. St. §§ 10242, 10243, 10245]); in section 13 by Act June 25, 1910 (36 Stat. 830 [Comp. St. § 4372]), by Act March 4, 1913 (37 Stat. 736 [Comp. St. § 932 et seq.]), creating the Department of Labor, and by Act May 9, 1918 (40 Stat. 542).

16 Rule 5, Id.

17 Rule 5, Id.