78TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

REPORT No. 1229

EXPATRIATING OR EXCLUDING CERTAIN PERSONS FOR EVADING MILITARY AND NAVAL SERVICE

MARCH 3, 1944.-Referred to the House Calendar and ordered to be printed

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

REPORT

[To accompany H. R. 4257]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 4257) to expatriate or exclude certain persons for evading military and naval service, 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 section 401 of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1168; U. S. C., title 8, sec. 801), so as to add a new subsection providing for the denationalization of citizens who depart from or remain outside the jurisdiction of the United States in time of war or during a period declared by the President to be a period of national emergency for the purpose of evading or avoiding training and service in the land or naval forces of the United States; and to amend the exclusion section of the basic Immigration Act of February 5, 1917 (39 Stat. 875-878; 8 U. S. C. 136), so as to deny admission into the United States of persons who have departed from the jurisdiction of the United States for the purpose of evading or avoiding training or service in the armed forces of the United States during time of war or during a period declared by the President to be a period of national emergency.

GENERAL INFORMATION

The statement contained in the preceding paragraph under the title "Purpose of the Bill" almost completely describes the objective of the bill. It is, of course, not known how many citizens or aliens have left the United States for the purpose of evading military service.

The Department of Justice discovered that in the western district of Texas, in the vicinity of El Paso alone, there were over 800 draft delinquents recorded in the local Federal Bureau of Investigation office, born in this country and, therefore citizens, who had crossed the border into Mexico for the purpose of evading the draft, but with the expectation of returning to the United States to resume residence after the war.

A representative of the Department of Justice appeared and explained the purpose of the bill.

A representative of the State Department appeared and indicated that his Department had no objection to the bill.

It was explained to the committee that under the new subsection (i) to section 401 of the Nationality Act it would be the primary duty of either the United States Consular Service of the Department of State or the Immigration and Naturalization Service to determine the questions of fact as to whether citizenship had been lost under the terms of the amendment and, also, as to whether any aliens who had left the United States during the war had left for the purpose of evading the draft. However, the persons who are declared to have lost their citizenship by administrative decree are granted the right to a judicial review of such a finding by virtue of the provisions of section 503 of the Nationality Act of 1940, as amended (54 Stat. 1171-1172; 8 U. S. C. 903).

The letter of the Attorney General, dated February 16, 1944, addressed to the chairman of the committee reads as follows:

Hon. RICHARD B. RUSSELL,

Chairman, Committee on Immigration,

February 16, 1944.

United States Senate, Washington, D. C.

MY DEAR SENATOR: I invite your attention to the desirability of enacting legislation which would provide (I) for the expatriation of citizens of the United States who in time of war or during a national emergency leave the United States or remain outside thereof for the purpose of evading service in the armed forces of the United States, and (2) for the exclusion from the United States of aliens who leave this country for the above mentioned purpose.

Under existing law a national of the United States, whether by birth or by naturalization, becomes expatriated by operation of law if he (1) obtains naturalization in a foreign state; (2) takes an oath of allegiance to a foreign country; (3) serves in the armed forces of a foreign state if he thereby acquires the nationality of such foreign state; (4) accepts employment under a foreign state for which only nationals of such state are eligible; (5) votes in a political election in a foreign state or participates in an election or plebiscite to determine the sovereignty over foreign territory; (6) makes a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state; (7) deserts from the armed forces of the United States in time of war and is convicted thereof by a court martial; or (8) is convicted of treason (U. S. C., title 8, sec. 801). Machinery is provided whereby a person who is denied any right or privilege of citizenship on the ground that he has become expatriated may secure a judicial determination of his status; and if he is outside of the United States he is entitled to a certificate of identity which permits him to enter and remain in the United States until his status has been determined by the courts (Nationality Act of 1940, sec. 503; U. S. C., title 8, sec. 903).

The files of this Department disclose that at the present time there are many citizens of the United States who have left this country for the purpose of escaping service in the armed forces. While such persons are liable to prosecution for violation of the Selective Service and Training Act of 1940, if and when they return to this country, it would seem proper that in addition they should lose their United States citizenship. Persons who are unwilling to perform their duty to their country and abandon it during its time of need are much less worthy of

citizenship than are persons who become expatriated on any of the existing grounds.

Accordingly, I recommend the enactment of legislation which would provide (1) for the expatriation of citizens of the United States who in time of war or during a national emergency leave the United States or remain outside thereof for the purpose of evading service in the armed forces of the United States, and (2) for the exclusion from the United States of aliens who leave this country for that purpose. Any person who may be deemed to have become expatriated by operation of the foregoing provision, would be entitled to have his status determined by the courts pursuant to the above-mentioned section of the Nationality Act of 1940.

Adequate precedent exists for the suggested legislation in that during the First World War a statute was in force which provided for the expatriation of any person who went beyond the limits of the United States with intent to avoid any draft into the military or naval service (37 Stat. 356). This provision was repealed by section 504 of the Nationality Code of 1940 (54 Stat. 1172; U. S. C., title 8, sec. 904).

A draft of a proposed bill to effectuate the foregoing purpose is enclosed herewith. I have been informed by the Director of the Bureau of the Budget that the proposed legislation is in accord with the program of the President.

Sincerely yours,

ATTORNEY GENERAL.

The committee after hearing the persons who appeared, and after thoroughly discussing the bill, 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):

SEC. 401.1 A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:

(a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person: Provided, however, That nationality shall not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of twentythree years without acquiring permanent residence in the United States: Provided further, That a person who has acquired foreign nationality through the naturalization of his parent or parents, and who at the same time is a citizen of the United States, shall, if abroad and he has not heretofore expatriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of this Act to return to the United States and take up permanent residence therein, and it shall be thereafter deemed that he has elected to be an American citizen. Failure on the part of such person to so return and take up permanent residence in the United States during such period shall be deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claiming such American citizenship; or

(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or

(c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state; or

(d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or

Act of Oct. 14, 1940, as amended (54 Stat. 1169; 8 U. S. C. 801).

The Department of Justice discovered that in the western district of Texas, in the vicinity of El Paso alone, there were over 800 draft delinquents recorded in the local Federal Bureau of Investigation office, born in this country and, therefore citizens, who had crossed the border into Mexico for the purpose of evading the draft, but with the expectation of returning to the United States to resume residence after the war.

A representative of the Department of Justice appeared and explained the purpose of the bill.

A representative of the State Department appeared and indicated that his Department had no objection to the bill.

It was explained to the committee that under the new subsection (i) to section 401 of the Nationality Act it would be the primary duty of either the United States Consular Service of the Department of State or the Immigration and Naturalization Service to determine the questions of fact as to whether citizenship had been lost under the terms of the amendment and, also, as to whether any aliens who had left the United States during the war had left for the purpose of evading the draft. However, the persons who are declared to have lost their citizenship by administrative decree are granted the right to a judicial review of such a finding by virtue of the provisions of section 503 of the Nationality Act of 1940, as amended (54 Stat. 1171-1172; 8 U. S. C. 903).

The letter of the Attorney General, dated February 16, 1944, addressed to the chairman of the committee reads as follows:

Hon. RICHARD B. RUSSELL,

Chairman, Committee on Immigration,

February 16, 1944.

United States Senate, Washington, D. C.

MY DEAR SENATOR: I invite your attention to the desirability of enacting legislation which would provide (1) for the expatriation of citizens of the United States who in time of war or during a national emergency leave the United States or remain outside thereof for the purpose of evading service in the armed forces of the United States, and (2) for the exclusion from the United States of aliens who leave this country for the above mentioned purpose.

Under existing law a national of the United States, whether by birth or by naturalization, becomes expatriated by operation of law if he (1) obtains naturalization in a foreign state; (2) takes an oath of allegiance to a foreign country; (3) serves in the armed forces of a foreign state if he thereby acquires the nationality of such foreign state; (4) accepts employment under a foreign state for which only nationals of such state are eligible; (5) votes in a political election in a foreign state or participates in an election or plebiscite to determine the sovereignty over foreign territory; (6) makes a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state; (7) deserts from the armed forces of the United States in time of war and is convicted thereof by a court martial; or (8) is convicted of treason (U. S. C., title 8, sec. 801). Machinery is provided whereby a person who is denied any right or privilege of citizenship on the ground that he has become expatriated may secure a judicial determination of his status; and if he is outside of the United States he is entitled to a certificate of identity which permits him to enter and remain in the United States until his status has been determined by the courts (Nationality Act of 1940, sec. 503; U. S. C., title 8, sec. 903).

The files of this Department disclose that at the present time there are many citizens of the United States who have left this country for the purpose of escaping service in the armed forces. While such persons are liable to prosecution for violation of the Selective Service and Training Act of 1940, if and when they return to this country, it would seem proper that in addition they should lose their United States citizenship. Persons who are unwilling to perform their duty to their country and abandon it during its time of need are much less worthy of