PRESERVING THE RESIDENCE FOR NATURALIZATION PURPOSES OF CERTAIN ALIENS WHO SERVE IN THE MILITARY OR NAVAL FORCES OF ONE OF THE ALLIED COUNTRIES DURING THE SECOND WORLD WAR, OR OTHERWISE ASSIST IN THE ALLIED WAR EFFORT

FEBRUARY 20, 1945.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. LESINSKI, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 513]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 513) to amend the Nationality Act of 1940 (54 Stat. 1137) and to amend subdivision (d) of section 10 of the act approved May 26, 1924 (43 Stat. 158-159; 8 U. S. C. 210 (a)-210 (f)), so as (1) to strengthen the national defense, and (2) to permit aliens who have been lawfully admitted to the United States for permanent residence to go abroad during the Second World War to participate in the Allied war effort without losing their residence in the United States for naturalization purposes and without being required to pay fees for each extension to immigration return permits, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to amend the Nationality Act of 1940 (54 Stat. 1137), so as to permit aliens who have been lawfully admitted to the United States for permanent residence to leave the United States for the purpose of engaging in the Allied war effort without losing residence in the United States for naturalization purposes. It is also designed to amend section 10 of the Immigration Act of May 26, 1924 (43 Stat. 158), so as to waive the requirement of a $3 fee for each 6 months' extension of the immigration return permits which these aliens secure before they leave the United States. The whole purpose of the bill is in the interest of winning the war and to reward in a small way the aliens who will partake of the benefits of this legislation;

GENERAL INFORMATION

This bill was reported by this committee in the Seventy-seventh Congress under H. R. 7550. H. R. 1295 of the Seventy-eighth Congress is identical with the comparable bill as reported in the Seventyseventh Congress. When H. R. 7550 was being considered by the committee, there appeared at its public hearing a representative of the Department of Justice who explained in great detail the general purpose of the bill and the specific effect of each and every amendment. It was made very clear to the committee that the provisions of the bill are highly desirable in the interest of national defense.

During the discussion of the bill, the committee at first pointed out that it had no doubt whatever concerning the advisability of passing legislation of this kind for persons who were going abroad to serve in the military or naval forces of our allies, it being appreciated that in · many instances these persons could render more efficient service because of their familiarity with many problems relating to their home countries, such as the language, etc. Also, many of the aliens who will go abroad to serve in the armed forces of our allies are men who have had experience in those armies and navies, and in some instances are Reserve officers.

Considerable discussion followed, however, as to the advisability of extending it to aliens who go abroad for the purpose of taking employment in war work. The first example given was that of a naval architect who might be greatly needed in an Allied shipyard and, in fact, his individual services, in a civilian capacity, might be manyfold more important than services of an individual soldier or sailor. The comparison was then reduced down to a man who might have answered the recent call for miners in Great Britain, the conclusion being reached that coal is just as necessary to manufacture the steel to go into ships as the plans for the ship which may be drawn by the naval architect. After careful deliberation, the committee concluded that a distinction could not be logically drawn between the person going back for military service and the person going back to participate in the war effort in a civilian capacity.

It should be noted that the benefits of section 1 of the bill do not run to these aliens unless they return to the United States for permanent residence within 1 year after the United States shall cease to be in a state of war.

As to amended section 2, it was very apparent to the committee that it was not reasonable to penalize these folks by charging them a $3 fee every 6 months for an extension to the immigration return permits that all will be in possession of before they depart from the United States.

The letter of the Attorney General, dated February 10, 1945, addressed to the chairman of the committee, reads as follows:

Hon. SAMUEL DICKSTEIN,

FEBRUARY 10, 1945.

Chairman, Committee on Immigration and Naturalization,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for my views relative to a bill (H. R. 513) to amend section 307 of the Nationality Act of 1940 (54 Stat. 1142; 8 U. S. C. 707) so as to preserve for naturalization purposes the residence of aliens who assist in the Allied war effort.

Under existing law, an alien who has been lawfully admitted to the United States for permanent residence may not become a naturalized citizen of the

United States unless he has resided in this country continuously for a period of 5 years immediately preceding the date of the filing of his petition for naturalization (54 Stat. 1142; 8 U. S. Č. 707 (a)). Absence from the United States for a continuous period of more than 6 months but less than 1 year is presumed to break the continuity of residence, but such presumption is rebuttable. Absence from the United States for a continuous period of more than 1 year absolutely breaks the continuity of residence except in those instances in which the alien goes abroad as an employee of the United States; or as an employee of an American firm or organization engaged in the development of foreign trade or commerce, for the purpose of engaging in the development of foreign trade or commerce, or to protect the property of his employer (54 Stat. 1142; 8 U. S. C. 707(b)).

Representations have been made to this Department that at the present time there are some aliens who have been admitted to the United States for permanent residence and who are anxious to enter the military or naval service of our allies or who are desirous of engaging in civilian activities that are vital and essential to the prosecution of the war but are reluctant to do so because of the abovementioned provision of law. It appears desirable, therefore, to enact legislation which would preserve the residence status of such aliens for naturalization purposes while they are serving abroad.

Section 1 of the bill under consideration proposes to add a new subsection to section 307 of the Nationality Act of 1940 (54 Stat. 1142; 8 U. S. C. 707) to be known as subsection (e) which will effect the foregoing purpose.

Section 2 of the bill proposes to amend section 10 (d) of the Immigration Act of 1924 (43 Stat. 158; 8 U. S. C. 210 (d)) so that aliens covered by section 1 of the bill will not be required to pay the fee of $3 for each 6 months' extension to the return permit they must secure prior to their departure from the United States.

This bill is identical with legislation (H. R. 1295, 78th Cong.) which was introduced at my request and favorably reported by your committee on February 25, 1943 (H. Rept. No. 184, 78th Cong., 1st sess.).

Accordingly, I recommend the enactment of the bill.

I have been informed by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours,

FRANCIS BIDDLE, Attorney General.

A similar bill, H. R. 1295, was reported favorably by the committee in the Seventy-eighth Congress.

The committee were of the opinion that such legislation was necessary and unanimously report the same and urge early and favorable consideration.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows: Existing law in which no change is made is printed in roman; omitted matter is printed within black brackets; the new matter is printed in italics.

The Nationality Act of 1940, as amended (54 Stat. 1137):

SECTION 307

(a) No person, except as hereinafter provided in this Act, shall be naturalized unless such petitioner (1) immediately preceding the date of filing petition for naturalization has resided continuously within the United States for at least five years and within the State in which the petitioner resided at the time of filing the petition for at least six months, (2) has resided continuously within the United States from the date of the petition up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is, a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

H. Repts., 79–1, vol. 1— -62

(b) Absence from the United States for a continuous period of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the petition for naturalization, or during the period between the date of filing the petition and the date of final hearing, shall be presumed to break the continuity of such residence, but such presumption may be overcome by the presentation of evidence satisfactory to the naturalization court that such individual had a reasonable cause for not sooner returning to the United States. Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the petition for naturalization or during the period between the date of filing the petition and the date of final hearing, shall break the continuity of such residence, except that in the case of an alien who has resided in the United States for at least one year, during which period he has made a declaration of intention to become a citizen of the United States, and who thereafter is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof, no period of absence from the United States shall break the continuity of residence if—

(1) Prior to the beginning of such period (whether such period begins before or after his departure from the United States) the alien has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, and

(2) Such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose.

(c) No period of absence from the United States during the five years immediately preceding June 25, 1936, shall be held to have broken the continuity of residence required by the naturalization laws if the alien proves to the satisfaction of the Attorney General and the court that during all such period of absence he has been under employment by, or contract with, the United States, or such American institution of research, or American firm or corporation, described in subsection (b) of this section, and has been carrying on the activities described in that subsection in its behalf.

(d) The following shall be regarded as residence within the United States within the meaning of this chapter:

(1) Honorable service on vessels owned directly by the Government of the United States, whether or not rendered at any time prior to the applicant's lawful entry into the United States: Provided, That this subdivision shall not apply to service on vessels operating in and about the Canal Zone in connection with the maintenance, operation, protection, and civil government of the Panama Canal and Canal Zone.

(2) Continuous service by a seaman on a vessel or vessels whose home port is in the United States and which are of American registry or American owned, if rendered subsequent to the applicant's lawful entry into the United States for permanent residence and immediately preceding the date of naturalization.

(e) Any alien who has been lawfully admitted into the United States for permanent residence, and who, during the Second World War, departs from the United States for the purpose of serving and does serve in the military or naval forces of any country at war with a country with which the United States was, is, or shall be at war, or who during the Second World War departs from the United States for the purpose of taking employment in war work of any such country and does engage in such work, shall, upon establishing to the satisfaction of the Commissioner that he has met the requirements of this subsection, be considered as residing in the United States for the purpose of naturalization, notwithstanding any such absence from the United States: Provided, That such alien returns to the United States for permanent residence within one year after the United States shall cease to be in a state of war. For the purposes of this subsection, the Second World War shall be deemed to have commenced on September 1, 1939, and shall continue until such time as the United States shall cease to be in a state of war.

The Immigration Act of 1924, as amended (43 Stat. 158):

SECTION 10

(a) Any alien about to depart temporarily from the United States may make application to the Commissioner of Immigration and Naturalization for a permit to reenter the United States, stating the length of his intended absence, and the reasons therefor. Such application shall be made under oath, and shall be in such form and contain such information as may be by regulations prescribed, and shall be accompanied by two copies of the applicant's photograph.

(b) If the Commissioner of Immigration and Naturalization finds that the alien has been legally admitted to the United States, and that the application is made in good faith, he shall, with the approval of the Attorney General, issue the permit, specifying therein the length of time, not exceeding one year, during which it shall be valid. The permit shall be in such form as shall be by regulations prescribed and shall have permanently attached thereto the photograph of the alien to whom issued, together with such other matter as may be deemed necessary for the complete identification of the alien.

(c) On good cause shown the validity of the permit may be extended for such period or periods, not exceeding six months each, and under such conditions as shall be by regulations prescribed.

(d) For the issuance of the permit, and for each extension thereof, there shall be paid a fee of $3, which shall be covered [by] into the Treasury as miscellaneous receipts: Provided, That no fee shall be required for the extension of a permit issued to any member of the class of aliens referred to in section 307 (e) of the Nationality Act of 1940, as amended.

(e) Upon the return of the alien to the United States the permit shall be surrendered to the immigration officer at the port of inspection.

(f) A permit issued under this section shall have no effect under the immigration laws, except to show that the alien to whom it is issued is returning from a temporary visit abroad; but nothing in this section shall be construed as making such permit the exclusive means of establishing that the alien is so returning.