Page Fourteen
THE UNITED AMERICAN
OCTOBER 1925
long time to be harking back for evidence in support and a further order to examiners to object to the
admission of a petitioner who had not already brought
of the legendary presumptions against him.
Of late there has been a great deal of broadcasting his family to America.
The latter instruction is extremely significant in
from Washington throughout the Naturalization realm
of the country. To some it probably sounded like view of the fact that relatives of Naturalized Citizens
music, but to others it emitted the sound of spattering in Europe under the new quota Immigration law, are
static, disturbing whatever of peaceful procedure that granted certain preferences and privileges over all
had been (hitherto) commonly enjoyed by all. Promul other immigrants. As a rule, the Department—prior
gation of recent rulings, countenanced only by bureau to the passage of the last quota immigration act—
cratic authority and quite apparently out of harmony interposed no objection in cases of this nature but
with the Naturalization act itself, is responsible for the apparently had always been satisfied with a compliance
sweeping change in a procedure rigidly fixed by of the spirit of the law, if not its letter.
known law. Should we hastily acclaim them as inspired
It is indeed a pity that the Department’s well
by beneficent and humane motives, we would first established practice, based on the well approved prece
do well to ponder, lest we be criticized for doing dent of more than twenty years, in issuing Nunc Pro
violence to the truth. If the published words of the Tunc Certificates of Arrival, has all at once been found
Commissioner of Naturalization himself were not to be all wrong by the members of the Department’s
available, we might, with reluctance, venture upon present personnel who seem to have discovered that
the dangers of a post hoc, proptor hoc style of reason the “law” did not permit such procedure. Almost every
ing and ascribe the acts of his Department to a desire, one will agree that so long as the Certificate of Arrival
by collateral and illegal methods to enforce a set of remains a necessary adjunct to Naturalization pro
Immigration laws, recently enacted.
cedure, a most humane and necessary ruling of the
For the edification of those who are interested Department would require that it be furnished on ade
permit me to quote from page 11 of the Commissioner’s quate proof of legal entrance and residence. It is an
Annual Report:
undeniable fact that pursuant to this ruling, even cleri
At the present time an alien may declare his intention to cal errors and defects, for which the applicants are in no
become a Citizen immediately upon landing in the United way responsible, will, henceforth mean that thousands
States, regardless of lawful entry therein. No alien who of aliens will be denied the privilege of Citizenship.
entered the United States unlawfully should be allowed to Having entered the country at a time when they were
declare his intention, particularly if he entered since May 1,
1917, the date the immigration act of February 5, 1917 illiterate, of tender age, or wrote with difficulty—in
became operative. Discretion should be given to the Com an unintelligible foreign script—to after-school-term
missioner of Naturalization to issue a certificate of arrival clerks who were likely to make erroneous transcrip
for purposes of declaration and also for petitioning in case tions, they can have but very little idea of the way their
of entry prior to June 3, 1921, where willful, unlawful entry
names were spelled when entered in the Government
is not proved, upon satisfactory proof of continuous residence.
records.
Yet in the face of the solemn truth recited in the
If the Bledsoe decision is law, and expresses a new
first sentence of this quotation, the Commissioner and acceptable definition of our long cherished ideals
seemingly assumed the discretion he craved in the last, of American Citizenship, if the revocation of Nunc
and accordingly, in August, 1924, issued instructions Pro Tunc Certificates of Arrival represents the best
to Clerks of Courts throughout the country henceforth
to demand of applicants a Certificate of Arrival before ¿iiiiiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimmiiiiimiiiiiiiiiiiiiiiiiitiiiimiiiiiiiiiiiiiiimiiitmimiiiiiiiiimiiiiiiiiiig
the issuance of a First Paper.
RASMUSSEN & CO.
|
Since the subject of this ruling is a first paper,
which, under the law, is issued by the clerk, and not
a second paper, which can be granted only by the Judge I
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in open court, it has almost universally been followed
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as a matter of course. Only in cases where the appli
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cants have questioned the legality of this ruling, has |
it been formally brought to the attention of the court
Northeast Corner Second and Taylor Streets
itself. So far as known, the order has been declared |
|
Portland, Oregon
|
unreasonable and unfair by every court where its
legality has been questioned.
»«itiiiiiimiiiiiiiiiiiiiiiimiiiiiiiiimitiiiiiiiiiiiiiiiiiiiiiiiiiiiitiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimiiimtiiiitiiiiiiiiiiiin?
Opinions to this effect have been published by the LHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIlilllillllllllllilllilliliiiiiiiiiiilillliiiiiiiiiiiiiiiiiiliiiliiiilliiiiiiiiiiiiiiiiiiiiiiiiintiillltU
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in its efforts to enforce the Immigration Law through
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the Naturalization act, might be applied with equal =
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order to suspend the issuance of Nunc Pro Tunc Certi 1
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