8 FAM 102
Authorities
8 FAM 102.1
Statutory Authorities
(CT:CITZ-105; 03-07-2024)
(Office of Origin: CA/PPT/S/A)
8 FAM 102.1-1 Title 5 - Government Organization and Employees
(CT:CITZ-71; 04-07-2022)
a. 5 U.S.C. Appendix Sections 1-12 (Inspector General Act of 1978) provides the authorities and responsibilities of the Office of the Inspector General to investigate fraud and other criminal acts.
b. 5 U.S.C. 8101(17) defines a student as "an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training" and specified educational institutions.
c. 5 U.S.C. 8110 provides that a dependent includes unmarried students.
8 FAM 102.1-2 Title 8 - Aliens and Nationality
(CT:CITZ-54; 04-09-2021)
a. 8 U.S.C. 1101 Definitions.
b. 8 U.S.C. 1001(a)(30) provides that the U.S. passport is a travel document.
c. 8 U.S.C. 1103(a)(1) (Immigration and Nationality Act (INA) 103(a)(1)) provides that:
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“The Secretary of Homeland Security shall be charged with the administration and enforcement of this chapter and all other laws relating to the immigration and naturalization of aliens, except insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the President, Attorney General, the Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however, That determination and ruling by the Attorney General with respect to all questions of law shall be controlling.” |
d. 8 U.S.C. 1104(a)(1) (INA 104(a)(1), as amended), empowers the Secretary to:
(1) Administer and enforce nationality and immigration laws relating to the powers and authorities of diplomatic and consular officers abroad;
(2) Administer the powers, duties and functions of the administrator; and
(3) Determine the nationality of a person not in the United States.
e. 8 U.S.C. 1104(a)(3) Powers and Duties of Secretary of State …The Secretary of State shall be charged with the administration and the enforcement of the provisions of this chapter and all other immigration and nationality laws relating to the determination of nationality of a person not in the United States.
f. 8 U.S.C. 1104(c) Powers and Duties of the Secretary of State … “Within the Department of State there shall be a Passport Office;”
g. 8 U.S.C. 1185(b) Travel Control of Citizens and Aliens
h. 8 U.S.C. 1185 Note Western Hemisphere Travel Initiative
i. 8 U.S.C. 1401 (INA 301):
(1) INA 301(a) provide that persons born in the United States and subject to its jurisdiction are nationals and citizens of the United States at birth. When enacted in 1952, INA 301 required a U.S. citizen married to an alien to have been physically present in the United States for ten years, including five after reaching the age of fourteen, to transmit citizenship to foreign-born children. The ten-year transmission requirement remained in effect from 12:01 a.m. Eastern Daylight Time December 24, 1952, through midnight November 13, 1986, and still is applicable to persons born during that period. As originally enacted, section 301(a)(7) stated:
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Section 301. (a) The following shall be nationals and citizens of the United States at birth: (7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided, that any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph. |
(2) INA 301(b) provides that members of Indian, Eskimo, Aleutian, or other aboriginal tribe are nationals and citizens of the United States at birth;
(3) INA 301(c) was numbered INA 301(a)(3) before October 10, 1978;
(4) INA 301(d) was numbered INA 301(a)(4) before October 10, 1978;
(5) INA 301(e) (formerly 301(a)(5)) stated how U.S. citizenship could be acquired by birth in outlying possessions:
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SEC 301. The following shall be nationals and citizens of the United States at birth: (e) a person born in an outlying possession of the United States of parents, one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person |
(6) INA 301(g) is an amended version of former INA 301(a)(7):
(a) Pursuant to section 23(d) of Public Law 99-653, the Immigration and Nationality Act Amendments of 1986, the provisions of INA 301(g) apply to persons born on or after November 14, 1986;
(b) Public Law 430 of March 16, 1956 (70 Stat. 50, 8 U.S.C. 1401a) extended the application of INA 301(a)(7) (without amending it) to certain children of a citizen who served in the Armed Forces. It provides as follows (The reference to section 301(a)(7), was changed to 301(g) by Section 18(u)(2) of the Immigration and Nationality Act Amendments of 1981, Public Law 97-116 (Dec. 29, 1981).):
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”Section 301(a)(7) (now 301(g)) of the Immigration and Nationality Act shall be considered to have been and to be applicable to a child born outside of the United States and its outlying possessions after January 12, 1941, and before December 24, 1952, of parents one of whom is a citizen of the United States who has served in the Armed Forces of the United States after December 31, 1946, and before December 24, 1952, and whose case does not come within the provisions of section 201 (g) or (i) of the Nationality Act of 1940." |
(c) November 6, 1966, Addition of Proviso Relating to Compilation of Physical Presence For Transmission, Public Law 89-770, (80 Stat. 1322) extending this benefit to employees of the U.S. Government and designated international organizations and dependent children to the 301(a)(7) proviso. The 1966 amendment was retroactive, benefiting any qualified person born on or after December 24, 1952;
(d) Section 12 of the Immigration and Nationality Act Amendments of 1986 (INAA) (Public Law 99-653 of November 14, 1986, 100 Stat. 3657) changed the parental citizenship transmission requirements from ten years of U.S. physical presence, five of which were after the age of 14, to five years of U.S. physical presence, two of which were after age 14. These provisions apply only to persons born on or after November 14, 1986; and
(e) October 24, 1988, Retroactivity of Amendment:
(i) The Immigration Technical Corrections Act of 1988 (Public Law 100-525 of October 24, 1988) added a new section 23 to the Immigration and Nationality Act Amendments of 1986 which states:
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SEC. 23. (d) The amendment made by section 12 shall apply to persons born on or after November 14, 1986. |
(ii) The effect of this amendment is to apply the reduced physical presence transmission requirements of the amended section INA 301(g) to persons born anywhere outside the United States at any time on November 14, 1986, rather than just to those born after 2:07 p.m. EST when the INA Amendments (INAA) originally were effective.
(7) INA 301(h) was added to INA 301 by section 101(a) of Public Law 103-416 (Immigration and Nationality Technical Corrections Act of October 25, 1994) (INTCA) for the purpose of providing equal treatment to women in conferring citizenship to children born abroad by allowing persons born abroad prior to May 24, 1934, to U.S. citizen mothers who had previously resided in the United States to acquire U.S. citizenship at birth with no retention requirements. Because INA 301(h) is retroactive, subsections (b) through (d) of section 101 of INTCA also addressed questions that arise as a result as follows:
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"WAIVER OF RETENTION REQUIREMENTS - Any provision of law (including section 301(b) of the Immigration and Nationality Act (as in effect before October 10, 1978) and the provisos of section 201(g) of the Nationality Act of 1940 that provided for a person's loss of citizenship or nationality if the person failed to come to, or reside or be physically present in, the United States shall not apply in the case of a person claiming United States citizenship based on such person's descent from an individual described in section 301(h) of the Immigration and Nationality Act (as added by subsection (a)). "RETROACTIVE APPLICATION: (1) Except as provided in paragraph (2), the immigration and nationality laws of the United States shall be applied (to persons born before, on, or after the date of the enactment of this Act) as though the amendment made by subsection (a), and subsection (b), had been in effect as of the date of their birth, except that the retroactive application of the amendment and that subsection shall not affect the validity of citizenship of anyone who has obtained citizenship under section 1993 of the Revised Statutes (as in effect before the enactment of the Act of May 24, 1934 (48 Stat. 797)); and (2) The retroactive application of the amendment made by subsection (a), and subsection (b), shall not confer citizenship on, or affect the validity of any denaturalization, deportation or exclusion action against, any person who is or was excludable from the United States under section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision) or who was excluded from, or who would not have been eligible for admission to, the United States under the Displaced Persons Act of 1948 or under section 14 of the Refugee Relief Act of 1953. "APPLICATION TO TRANSMISSION OF CITIZENSHIP - This section, the amendments made by this section, and any retroactive application of such amendments shall not effect (sic) any residency or other retention requirements for citizenship as in effect before October 10, 1978, with respect to the transmission of citizenship." |
j. 8 U.S.C. 1401 (Retention Provisions):
(1) INA 301(a):
(a) To keep their citizenship, persons who acquired U.S. citizenship under section INA 301(a)(7) were required to be physically present in the United States continuously for 5 years between ages 14 and 28; and
(b) In an effort to make certain that the person would actually be in the United States for a substantial period of time, the INA required continuous physical presence rather than the period of residence specified in the Nationality Act of 1940 and section 1993 of the Revised Statutes, as amended.
(2) INA 301(b):
(a) The text of section INA 301(b), as originally enacted, stated that:
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“Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a), shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United State(s) at least five years: Provided, that such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years. Absences totaling in the aggregate less than twelve months did not serve to break one’s continuous physical presence.” (Section 16 of the Action of September 11, 1957.) |
(b) Public Law 92-584 amended section 301(b) INA effective October 27, 1972, to read as follows (86 Statutes at Large 1289):
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“Any person who is a national and citizen of the United States under paragraph (7) of subsection (a) shall lose his nationality and citizenship unless (1) he shall come to the United States and be continuously physically present therein for a period of not less than two years between the ages of fourteen years and twenty-eight years; or, if (2) the alien parent is naturalized while the child is under the age of eighteen years and the child begins to reside permanently in the United States while under the age of eighteen years. In the administration of this subsection absences from the United States of less than sixty days in the aggregate during the period for which continuous physical presence in the United States is required shall not break the continuity of such physical presence.” |
(c) 1978 Repeal of INA 301(b) prospectively: On October 10, 1978 the retention provisions of the Immigration and Nationality Act (subsections (b), (c), and (d) of INA 301) were repealed by Public Law 95-432 (92 Stat. 1046) thus eliminating the physical presence requirement for retention of U.S. citizenship. This change was prospective in nature. It did not reinstate as citizens those who had ceased to be citizens by the operation of section 301(b) as previously in effect. INA 301(a)(3), INA 301(a)(4), and INA 301(a)(7) were renumbered INA 301(c), INA 301(d), and INA 301(g), respectively:
(i) As a result, persons born on or after October 10, 1952, who acquired U.S. citizenship through birth abroad to one U.S. citizen parent are not required to be physically present in the United States to retain U.S. citizenship;
(ii) Because the repeal was prospective in application, it did not benefit persons born on or after May 24, 1934, and before October 10, 1952; and
(iii) The intent of Congress in repealing section 301(b) is made clear in The Report of the House Judiciary Committee (House Report 95-1493), which stated that Congress desired to repeal the section prospectively in order not to provide a basis to restore citizenship to those who lost their citizenship prior to enactment of the bill.
(3) INA 301(c) applied the requirements of INA 301(b) to persons born between May 24, 1934, and December 24, 1952, who were subject to, but had not complied with, and did not later comply with, the retention requirements of section 201(g) or (h) NA.
k. 8 U.S.C. 1402 (INA 302) - Persons born in Puerto Rico on or after April 11, 1899:
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SEC 302: All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other act, are hereby declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth |
l. 8 U.S.C. 1403 (INA 303) - Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904. As originally enacted, sections 303(a) and (b) INA provide as follows:
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"SEC 303. [8 U.S.C. 1403] (a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States. (b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States." |
m. 8 U.S.C. 1404 (INA 304) - Persons born in Alaska on or after March 30, 1867.
n. 8 U.S.C. 1405 (INA 305) - Persons born in Hawaii.
o. 8 U.S.C. 1406 (INA 306) - Persons living in and born in the Virgin Islands:
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SEC 306. (a) The following persons and their children born subsequent to January 17, 1917, and prior to February 25,1927, are declared to be citizens of the United States as of February 25, 1927: (1) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration have heretofore renounced or may hereafter renounce it by a declaration before a court of record; (2) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; (3) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and were residing in those islands on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; and (4) All natives of the Virgin Islands of the United States who, on June 28, 1932, were residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or territory of the United States, and who, on June 28, 1932, were not citizens or subjects of any foreign country, regardless of their place of residence on January 17, 1917. (b) All persons born in the Virgin Islands of the United States on or after January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction of the United States are declared to be citizens of the United States as of February 25, 1927; and all persons born in those islands on or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to be citizens of the United States at birth. |
p. 8 U.S.C. 1407 (INA 307) - Persons living in and born in Guam:
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SEC 307: (a) The following persons, and their children born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the island of Guam or other territory over which the United States exercises rights of sovereignty; (1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily absent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and (2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those absent from the island on that date, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality: (b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire foreign nationality; and (c) Any person hereinbefore described who is a citizen or a national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this act. |
q. 8 U.S.C. 1408 (INA 308) - Nationals but not citizens of the United States at birth. INA 308 provides for acquisition of non-citizen U.S. nationality:
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Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth: (1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession; (2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person; (3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and (4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years- (A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and (B) at least five years of which were after attaining the age of fourteen years. |
r. 8 U.S.C. 1409 (INA 309) - Children born out of wedlock. INA 309 was substantively amended effective November 14, 1986 by the Immigration and Nationality Act Amendments of 1986, Public Law 99-653 (Nov. 14, 1986) (INAA). As originally enacted there were no specifically provided effective dates in the INAA for the INA 309 amendments. In 1988, however, Congress retroactively added effective dates to the INAA as if they had been included in the INAA as originally enacted. The effective dates for the amendments to INA 309 were included in a new section 23(e) of the INAA. INA 309 made INA 301(e) applicable to children born out of wedlock under certain conditions. The text of “old” INA 309 is:
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(a) The provisions of paragraphs (3), (4), (5) and (7) of section 301(a) (now paragraphs(c), (d), (e), and (g) of section 301), and of paragraph (2) of section 308, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this Act, if the paternity of such child is established while such child is under the age of twenty-one years by legitimation. (b) Except as otherwise provided in section 405, the provisions of section 301(a)(7) (now section 301(g)) shall apply to a child born out of wedlock on or after January 13, 1941, and prior to the effective date of this Act, as of the date of birth, if the paternity of such child is established before or after the effective date of this Act and while such child is under the age of twenty-one years by legitimation. (c) Notwithstanding the provisions of subsection (a) of this section, a person born, on or after the effective date of this Act, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year. |
s. 8 U.S.C. 1431 (INA 320 as originally enacted):
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CHILD BORN OUTSIDE OF UNITED STATES OF ONE ALIEN AND ONE CITIZEN PARENT AT TIME OF BIRTH; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED SEC. 320. (a) A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when—
(1) such naturalization takes place while such child is under the age of sixteen years; and (2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of sixteen years.
(b) Subsection (a) of this section shall not apply to an adopted child. |
t. 8 U.S.C. 1435 (INA 324): The Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416 of October 25, 1994, 108 Statutes at Large 4305) added subsection (d) to INA 324 allowing persons whose citizenship had ceased by operation of the former section 301(b) INA to have their citizenship restored prospectively by taking an oath of allegiance to the United States. The amendment to INA 324 went into effect on March 1, 1995. The former INA section 301(c) made the provisions of 301(b) applicable to persons born subsequent to May 24, 1934, who had not complied with the retention provisions of sections 201(g) and 201(h) of the Nationality Act of 1940. INA 324(d)(1) (8 U.S.C. 1435(d)(1)) allows a person to regain U.S. citizenship upon application and upon the taking of a prescribed oath of allegiance (see 8 FAM 307.1-8).
u. 8 U.S.C. 1504 (INA 361) Cancelation of U.S. Passports and Consular Reports of Birth, authorizes the Secretary of State to cancel any Report of Birth Abroad of a Citizen of the United States of America, or certified copy thereof, if it appears that such document was illegally, fraudulently, or erroneously obtained from, or was created through, illegality or fraud.
v. 8 U.S.C. 1732 Machine Readable, Tamper-Resistant Entry and Exit Documents.
w. 8 U.S.C. 1737 Tracking System for Stolen Passports.
8 FAM 102.1-3 Title 10 - Armed Forces
(CT:CITZ-35; 05-15-2020)
a. 10 U.S.C. 1044(a) authorizes certain personnel to administer oaths.
b. 10 U.S.C. 1044(d) establishes that the signature without seal of an officer who is acting as notary, together with the title of office, is prima-facie evidence of authority that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.
8 FAM 102.1-4 Title 18 - Crimes and Criminal Procedure
(CT:CITZ-35; 05-15-2020)
a. 18 U.S.C. 982 Criminal Forfeiture.
b. 18 U.S.C. 1001 Statements or Entries Generally.
c. 18 U.S.C. 1028 Fraud and Related Activity In Connection With Identification Documents and Information.
d. 18 U.S.C. 1028A Aggravated Identity Theft.
e. 18 U.S.C. 1073 Flight to Avoid Prosecution or Giving Testimony.
f. 18 U.S.C. 1541 Issuance without Authority.
g. 18 U.S.C. 1542 False Statement in Application and Use of Passport.
h. 18 U.S.C. 1543 Forgery or False Use of Passport.
i. 18 U.S.C. 1544 Misuse of Passport.
8 FAM 102.1-5 Title 22 - Foreign Relations and intercourse
(CT:CITZ-79; 08-25-2022)
a. 22 U.S.C. 4 Passports.
b. 22 U.S.C. 211a sets forth the authority of the Secretary of State to grant, issue, and verify passports and, by inference, determine nationality in that regard generally. This authority relates to passports issued in the United States and U.S. passports issued abroad.
c. 22 U.S.C. 212 states in part that only “those owing allegiance, whether citizens or not, to the United States” are entitled to a passport.
d. 22 U.S.C. 212a states that, unless an exception applies, a U.S. passport or passport card may not be issued "to an individual who is convicted of a violation of section 2423 of title 18 during the covered period if the individual used a passport or passport card or otherwise crossed an international border in committing the offense."
e. 22 U.S.C. 212b, Revocation or Denial of Passport in Case of “Covered” Sex Offenders without a Passport that has the Placement of Unique Passport Identifiers prohibits the issuance of a passport without a unique identifier to certain covered sex offenders and authorizes revocation of passports previously issued to such offenders that do not contain the unique identifier.
f. 22 U.S.C. 213 requires a written application before a passport is issued and that the initial passport application “be duly verified by ... oath before a person authorized and empowered by the Secretary of State to administer oaths.”
g. 22 U.S.C.A. 213 - Two Parent Consent Requirement - required the Secretary of State to issue regulations providing that the following requirements be met before a minor under the age of 14 was issued a passport.
h. 22 U.S.C. 214, as amended, requires payment of fees for the execution of an application and the issuance of a passport.
i. 22 U.S.C. 214a authorizes a refund for fees collected erroneously.
j. 22 U.S.C. 217a, as amended, provides that a passport will be valid for ten years unless otherwise provided by regulation.
k. 22 U.S.C. 218 requires “All persons who grant, issue, or verify passports” to make regular reports to the Secretary of State with an appropriate accounting of pertinent information.
l. 22 U.S.C. 288, states that:
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The term "international organization" means a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation, and which shall have been designated by the President through appropriate Executive Order as being entitled to enjoy the privileges, exemptions, and immunities provided in this subchapter. |
m. 22 U.S.C. 277d–34 - American-Mexican Boundary Treaty, authorization for carrying out treaty provisions; investigations; land acquisition, purposes; damages, repair or compensation.
n. 22 U.S.C. 2670(j) Emergency Medical and Dietary Assistance.
o. 22 U.S.C. 2670(m) Authority to Establish, Maintain and Operate Passport Agencies.
p. 22 U.S.C. 2671(d) Repatriation Loan Program.
q. 22 U.S.C. 2705, Documentation of Citizenship, provides that a U.S. passport, during its validity period (and is issued for the maximum period allowed by law), and a Report of Birth Abroad of a Citizen of the United States, have the same force and effect as proof of citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction.
r. 22 U.S.C. 2709 Special Agents – Investigation Concerning Illegal Passport Issuance or Use. This grants special agents of the Department of State and the Foreign Service authority to conduct investigations concerning illegal passport issuance or use.
s. 22 U.S.C. 2714 Denial of Passports to Certain Convicted Drug Traffickers.
t. 22 U.S.C. 2714a authorizes revocation or denial of a passport if the applicant does not provider their Social Security Number or if the applicant has a seriously delinquent tax debt.
u. 22 U.S.C. 2714a(e) – Revocation or Denial of a Passport in Case of Individual with Seriously Delinquent Tax Debt.
v. 22 U.S.C. 2714a(f) – Revocation or Denial of Passport in Case of Individual Without Social Security Account Number.
w. 22 U.S.C. 2721 Impermissible Basis for Denial of Passports.
x. 22 U.S.C. 4802(a)(2)(B)(x) authorizes the Secretary of State to conduct investigations relating to illegal passport issuance or use.
y. 22 U.S.C. 4807 Responsibility of Secretary of State - Conduct of Investigation Concerning Illegal Passport Issuance or Use.
z. 22 U.S.C. 4808 governs the establishment of the passport security program in the Department of State within the Bureau of Diplomatic Security (DS).
aa. 22 U.S.C. 6039(E) requires that passport applicants provide their SSNs (if the applicant has one) when they apply for a passport or face penalty by the Internal Revenue Service (IRS).
8 FAM 102.1-6 Title 25 - Indians
(CT:CITZ-85; 11-09-2022)
25 U.S.C. 1300b-13(c) and (d) (the Kickapoo Act of 1983--Public Law 97-429) provides that Mexico-born tribal members of the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas acquire U.S. citizenship through a specialized naturalization process and/or authorization to freely pass and repass the borders of the United States:
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For a period of five years after the publication of the Federal Register notice required under subsection (a) of this section, any member of the Band whose name appears on the roll compiled by the Secretary, may, at his option, apply for United States citizenship. Such application shall be made to the Immigration and Naturalization Service and, upon receipt of the application, citizenship shall promptly be granted to the applicant.
Notwithstanding the Immigration and Nationality Act [8 U.S.C.A. § 1101 et seq.], all members of the Band shall be entitled to freely pass and repass the borders of the United States and to live and work in the United States. |
8 FAM 102.1-7 Title 26 - Internal Revenue Code
(CT:CITZ-85; 11-09-2022)
26 U.S.C. 7345 authorizes revocation, denial, or limitation of a passport if the applicant has a seriously delinquent tax debt.
8 FAM 102.1-8 Title 28 - Judiciary and Judicial Procedure
(CT:CITZ-85; 11-09-2022)
28 U.S.C. 1783 Subpoena of Person in Foreign Country.
8 FAM 102.1-9 Title 29 - Labor
(CT:CITZ-105; 03-07-2024)
29 U.S.C. 794 (Section 504 of the Rehabilitation Act of 1973, as amended), Non-Discrimination Under Federal Grants and Programs, provides:
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No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency. |
8 FAM 102.1-10 Title 42 - The Public Health and Welfare
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42 U.S.C. 652(k) Duties of the Secretary (of Health and Human Services) – Denial of Passports for Non-Payment of Child Support. This prohibits any individual who has been certified to the Secretary of State by the Secretary of Health and Human Services (HHS) as being in arrears on child support payments by an amount exceeding $5,000 from receiving a United States passport. That amount was reduced to $2,500 on October 1, 2006 pursuant to Section 7303 of Public Law 109-171, which amended 42 U.S.C. 652(k).
8 FAM 102.1-11 Title 48 - Territories and Insular Possessions
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48 U.S.C. 1801 (Article III, CNMI Covenant, sections 301, 302, 303, 304, and 501.) (Public Law 94-241. 90 Stat. 263.) Approval of Covenant to Establish Commonwealth of Northern Mariana Islands of March 24, 1976, entered fully into force November 3, 1986. See also pages 497-500, Appendix Roman Number V, of the 104th Congress, 1st Session, Committee Print, Immigration, and Nationality Act (10th Edition).
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Article III, Citizenship and Nationality, CNMI Covenant Section 301. The following persons and their children under the age of 18 years on the effective date of this Section, who are not citizens or nationals of the United States under any other provision of law, and who on that date do not owe allegiance to any foreign state, are declared to be citizens of the United States, except as otherwise provided in Section 302: (a) All persons born in the Northern Mariana Islands who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, and who on that date are domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof; (b) All persons who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, who have been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Marianas Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to January 1, 1975; and (c) All persons domiciled in the Northern Mariana Islands on the day preceding the effective date of this Section, who, although not citizens of the Trust Territory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Islands beginning prior to January 1, 1974. Section 302. Any person who becomes a citizen of the United States solely by virtue of the provisions of Section 301 may within six months after the effective date of that Section or within six months after reaching the age of 18 years, whichever date is the later, become a national but not a citizen of the United States by making a declaration under oath before any court established by the Constitution or laws of the United States or any court of record in the Commonwealth in the form as follows: "I ---------- being duly sworn, hereby declare my intention to be a national but not a citizen of the United States.". Section 303. All persons born in the Commonwealth on or after the effective date of this Section [See Sec. 1003 of this note] and subject to the jurisdiction of the United States will be citizens of the United States at birth. |
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Section 501. (a) To the extent that they are not applicable of their own force, the following provisions of the Constitution of the United States will be applicable within the Northern Mariana Islands as if the Northern Mariana Islands were one of the several States: Article I, Section 9, Clauses 2, 3, and 8; Article I, Section 10, Clauses 1 and 3; Article IV, Section 1 and Section 2, Clauses 1 and 2; Amendments 1 through 9, inclusive; Amendment 13; Amendment 14, Section 1; Amendment 15; Amendment 19; and Amendment 26; provided, however, that neither trial by jury nor indictment by grand jury shall be required in any civil action or criminal prosecution based on local law, except where required by local law. Other provisions of or amendments to the Constitution of the United States, which do not apply of their own force within the Northern Mariana Islands, will be applicable within the Northern Mariana Islands only with approval of the Government of the Northern Mariana Islands and of the Government of the United States. |
8 FAM 102.1-12 Nationality Act of 1940
(CT:CITZ-105; 03-07-2024)
a. Nationality Act of 1940, Section 101(e):
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"The term "outlying possessions" means all territory, other than as specified in subsection (d), over which the United States exercises rights of sovereignty, except the Canal Zone." |
b. Nationality Act of 1940, Section 201, provided that persons born in the United States and subject to its jurisdiction and members of Indian, Eskimo, Aleutian, or other aboriginal tribe are nationals and citizens of the United States at birth.
c. Nationality Act of 1940, Section 201(e):
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"The following shall be nationals and citizens of the United States at birth: "(e) A person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who resided in the United States or one of its outlying possessions prior to the birth of such person." |
d. Nationality Act of 1940, Section 201(g):
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"Sec. 201 The Following shall be nationals and citizens of the United States at birth: "g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien." |
e. Nationality Act of 1940, Section 201(i): The act of July 31, 1946 (60 Stat. 721) added section 201(i) to the Nationality Act of 1940 to make special provision for persons born abroad to U.S. citizen veterans of World War II.
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"(i) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who has served or shall serve honorably in the armed forces of the United States after December 7, 1941, and before the date of the termination of hostilities in the present war as proclaimed by the President or determined by a joint resolution by the Congress and who, prior to the birth of such person, has had 10 years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of 12 years." |
f. Nationality Act of 1940 (Retention Provisions) (54 Statutes at Large 1138). In the Nationality Act of 1940 (NA) the residence requirements of section 201 NA were less restrictive than the ones they replaced, and the requirement of an oath of allegiance at age 21 was eliminated:
(1) To retain U.S. citizenship acquired under section 201(g) NA, a person had to reside in the United States or its outlying possessions for periods totaling 5 years between ages 13 and 21 unless they were exempted from having to do so by the second paragraph of section 201(g) NA;
(a) The law stated that persons forfeited U.S. citizenship if:
(i) They failed to enter the United States by age 16; and
(ii) If, after entering the United States before that age, they abandoned their U.S. residence and remained abroad until it was no longer possible for them to complete a total of 5 years residence between ages 13 and 21.
(b) The same provisions and exemptions applied to persons in whose cases section 201(g) NA was made applicable by the first paragraph of section 205 NA.
(2) Section 201(h) NA applied the retention requirements of section 201(g) NA to persons who had acquired U.S. citizenship under section 1993, R.S., as amended by the act of May 24, 1934, and had been born to one citizen and one alien parent. Similar requirements applied to persons who acquired citizenship under section 201(i) NA, but no exemptions were provided for those persons;
(3) Exemptions: The retention requirements of section 201(g) NA did not apply if the person's citizen parent was, at the time of the child's birth, serving in the U.S. Armed Forces or engaged in certain specified employment abroad. In 1981, the Department determined that the child of an employee of a company founded by an association of American corporations to carry out a single business venture abroad for joint profit was exempt from the retention requirements of section 201(g) NA because such joint ventures are not separate legal entities for all purposes; and all of the contracting organizations had their principal offices in the United States, even though the sole office and the place of business of the joint venture were in a foreign country;
(4) Special provisions for veterans: All children who became U.S. citizens under section 201(i) NA were subject to that section's requirements for retaining U.S. citizenship, but, because in 1952 none of them were old enough to begin to comply with section 201(i)'s retention requirements, they all became subject to those of section 301(b) INA;
(5) Repeal of section 201 NA and On-Going Cases: By the time the Nationality Act of 1940 was repealed on December 24, 1952, some persons subject to the retention requirements of section 201(g) NA, as made applicable by section 201(h), had reached the age of possible compliance with those requirements:
(a) Section 301(c) INA, as originally enacted, stated that section 301(b) INA applied to persons born abroad after May 24, 1934;
(b) Section 301(c) INA also indicated that the substitution of the retention provisions of section 301(b) INA for those of section 201(g) NA on December 24, 1952, did not affect the citizenship of persons who already had complied with section 201(g) NA;
(c) Persons under age 16 who had been born subject to the retention requirements of section 201(g) or (i) NA, and had not taken up residence in the United States, but who wished to keep their U.S. citizenship had no choice but to comply with section 301(b) INA; and
(d) Persons who had begun compliance with section 201(g)'s requirements could complete 5 years residence in the United States before reaching age 21 and retain their U.S. citizenship. However, if they failed to do so, they could opt to comply with the new retention requirements.
g. Nationality Act of 1940, Section 202: The Nationality Act of 1940, effective January 13, 1941, provided that:
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SEC 202. All persons born in Puerto Rico on or after April 11, 1899, subject to the jurisdiction of the United States, residing on the effective date of this act in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other act, are hereby declared to be citizens of the United States. |
h. Nationality Act of 1940, Section 204: Sections 204 NA stated how non-citizen U.S. nationality could be acquired by birth:
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SEC. 204. Unless otherwise provided in section 201, the following shall be nationals, but not citizens, of the United States at birth; (a) A person born in an outlying possession of the United States of parents one of whom is a national, but not a citizen, of the United States; (b) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have resided in the United States or one of its outlying possessions prior to the birth of such person; (c) A child of unknown parentage found in an outlying possession of the United States, until shown not to have been born in such outlying possession. |
i. Nationality Act of 1940, Section 205: Section 205 NA made Sections 201(e) and 204(a) applicable to children born out of wedlock under certain conditions:
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SEC. 205. The provisions of Section 201, subsections (c), (d), (e), and (g), and section 204, subsections (a) and (b), hereof apply, as of the date of birth, to a child born out of wedlock, provided the paternity is established during minority, by legitimation, or adjudication of a competent court. In the absence of such legitimation or adjudication, the child, whether born before or after the effective date of this act, if the mother had the nationality of the United States at the time of the child's birth, and had previously resided in the United States or one of its outlying possessions, shall be held to have acquired at birth her nationality status. |
j. Nationality Act of 1940, Sections 701, 702, and 705: Sections 701, 702 and 705 of the Nationality Act of 1940, added by the Second War Powers Act, 1942, 56 Stat. 182, as amended:
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"Sec. 701. '(A)ny person not a citizen, regardless of age, who has served or hereafter serves honorably in the military or naval forces of the United States during the present war and (w)ho shall have been at the time of his enlistment or induction a resident thereof and who (a) was lawfully admitted into the United States, including its Territories and possessions, or (b) having entered the United States, including its Territories and possessions, prior to September 1, 1943, being unable to establish lawful admission into the United States serves honorably in such forces beyond the continental limits of the United States or has so served may be naturalized upon compliance with all the requirements of the naturalization laws except that (1) no declaration of intention, no certificate of arrival for those described in group (b) hereof, and no period of residence within the United States or any State shall be required; (2) the petition for naturalization may be filed in any court having naturalization jurisdiction regardless of the residence of the petitioner; (3) the petitioner shall not be required to speak the English language, sign his petition in his own handwriting, or meet any educational test; . . . Provided, however, That . . . (3) the petition shall be filed not later than December 31, 1946. . . .' "Sec. 702. 'During the present war, any person entitled to naturalization under section 701 of this Act, who while serving honorably in the military . . . forces of the United States is not within the jurisdiction of any court authorized to naturalize aliens, may be naturalized in accordance with all the applicable provisions of section 701 without appearing before a naturalization court. The petition for naturalization of any petitioner under this section shall be made and sworn to before, and filed with, a representative of the Immigration and Naturalization Service designated by the Commissioner or a Deputy Commissioner, which designated representative is hereby authorized to receive such petition in behalf of the Service, to conduct hearings thereon, to take testimony concerning any matter touching or in any way affecting the admissibility of any such petitioner for naturalization, to call witnesses, to administer oaths, including the oath of the petitioner and his witnesses to the petition for naturalization and the oath of renunciation and allegiance prescribed by section 335 of this Act, and to grant naturalization, and to issue certificates of citizenship . . .' "Sec. 705. 'The Commissioner, with the approval of the Attorney General, shall prescribe and furnish such forms, and shall make such rules and regulations, as may be necessary to carry into effect the provisions of this Act'." |
8 FAM 102.1-13 Other Statutory Authorities
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a. Act of April 12, 1900 (31 Stat. 77), Section 7:
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Sec. 8. That all inhabitants continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety‑nine, and then resided in Porto [sic] Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Porto [sic] Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, nineteen hundred, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the eleventh day of April, eighteen hundred and ninety-nine; |
b. Act of March 2, 1907 – Residence and Protection (34 Statutes at Large 1228). In 1907 Congress imposed requirements on U.S. citizens residing abroad who acquired citizenship under Section 1993 of the Revised Statutes (RS) of 1874 and who wished to avail themselves of the protection of the United States Government. A U.S. citizen who did not comply with this law did not lose U.S. citizenship but lost the right to diplomatic protection.
(1) Section 6 of the Act of March 2, 1907, (34 Statutes at Large 1228) stated that:
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“All children born outside the limits of the United States who are citizens thereof in accordance with the provisions of [Section 1993 R.S.] and who continue to reside outside the United States shall, in order to receive the protection of this Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents and remain citizens of the United States, and shall be further required to take an oath of allegiance to the United States upon attaining their majority.” |
(2) By 1910, the Department of State informed posts that:
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“after a careful consideration of the principles underlying this whole question of the protection of American citizens abroad, the department has come to the conclusion that in the case of a native American residing in a foreign land, whether civilized, semi-barbarous, a definite intention to resume residence in this country should not be made an absolute prerequisite to the privilege of receiving a passport or certificate of registration, or if necessary protection by this Government.” (Circular Instruction July 26, 1910). |
c. Act of March 23, 1912: The act of March 23, 1912 (37 Stat. 76), "An Act to Amend an Act Approved July First Nineteen Hundred and Two":
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"That section four of the act of Congress approved July first, nineteen hundred and two, entitled, "An Act Temporarily to Provide for the Administration of the Affairs of Civil Government in the Philippine Islands, and for other Purposes," is hereby amended to read as follows: "Section 4 That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred ninety-eight: Provided, that the Philippine Legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Islands who could become citizens of the United States under the laws of the United States if residing therein." |
d. Act of August 29, 1916, section 2 (the Jones Act): The act of August 29, 1916, "An Act To declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those islands" (Philippines Autonomy Act, also known as The Jones Act)). (39 Stat. 545):
(a) The Jones Act also created the first fully elected Philippine legislature; and
(b) The words, "continuing to reside," which were contained in the acts of 1902 and 1912 and apparently requiring residence in the islands until the dates on which the acts went into effect, were omitted in the Jones Act. (3 Hackworth Digest of International Law 128, U.S. Department of State (1942))".
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"That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to reserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country: Provided, That the Philippine Legislature herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein." |
e. Act of February 5, 1917: "An Act to Regulate the Immigration of Aliens to, and the Residence of Aliens in, the United States" (39 Stat. 874).
(1) Previously, the Department had held that persons born outside of the Philippine Islands of parents who are citizens of the Philippine Islands by virtue of the treaty with Spain and subsequent acts of the Congress of the United States acquired the status of citizens of the Philippine Islands at birth. The Department also considered that persons born outside of the Philippine Islands of parents who were naturalized as citizens of the Philippine Islands acquire the status of citizens of the Philippine Islands at Birth. (Hackworth Digest of International Law 135, U.S. Department of State (1942)).
(2) Section 5 of the Act provided:
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That all citizens of Porto [sic] Rico, as defined by section seven of the act of April twelfth, nineteen hundred, ... and all natives of Porto [sic] Rico, who were temporarily absent from that island on April eleventh, eighteen hundred and ninety‑nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United States: Provided, That any person hereinbefore described may retain his present political status by making a declaration, under oath, of his decision to do so within six months of the taking effect of this act before the district court in the district in which he resides... |
f. Act of February 25, 1927 (44 Stat. 1234): The act of February 25, 1927 (44 Stat. 1234), which became effective from the date of enactment. Section 3 of that law stated that:
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Sec. 3. All persons born in the Virgin Islands on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared citizens of the United States. |
g. Act of May 24, 1934 (Retention Provisions) (48 Statutes at Large 797):
(1) When it amended section 1993 RS to give women the right to transmit U.S. citizenship to their foreign-born children, Congress was concerned that a child with one citizen and one alien parent might have divided loyalties, particularly if the father was an alien through whom the child had acquired foreign nationality;
(2) To reduce conflicting ties of allegiance and to ensure that foreign-born children would regard themselves as Americans, section 1993 R.S., as amended, required such children to reside in the United States for at least 5 years before reaching age 18 and to take an oath of allegiance to the United States within 6 months after reaching age 21 or forfeit their citizenship;
(3) The retention requirements did not apply if both parents were U.S. citizens or if the child had been born out of wedlock to a U.S. citizen woman. In such cases, it was felt that foreign influences and ties would be less likely to occur and
(4) No one ceased to be a citizen because of the retention requirements of section 1993 R.S., as amended. This was because the Nationality Act of 1940 (NA) went into effect long before any child born on or after May 24, 1934 could have turned 21. Section 201(h) NA applied the requirements of section 201(g) NA for retaining citizenship to persons born abroad on or after May 24, 1934.
h. Act of June 27, 1934 (48 Stat. 1245): which amended the act of March 2, 1917, and stated, in section 5b, that:
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All persons born in Puerto Rico on or after April 11, 1899 (whether before or after June 27, 1934) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this section shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country… |
i. Act of August 4, 1937 (50 Stat. 558): The 1937 legislation was incorporated in section 203 NA (54 Stat. 1139). In 1952, the above same provisions were incorporated in section 303 INA (66 Stat 163), retroactively (8 U.S.C. 1403). This section of the INA was operative until the Canal Zone was abolished on October 1, 1979.
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"Sec 1. That any person born in the Canal Zone on or after February 26, 1904 and whether before or after the effective date of this Act whose father or mother or both at the time of the birth of such person was or is a citizen of the United States is declared to be a citizen of the United States. "Sec.2. Any person born in the Republic of Panama on or after February 26, 1904 and whether before or after the effective date of this Act whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company is declared to be a citizen of the United States." |
j. Act of July 2, 1946, Public Law 483, also known as the Luce–Celler Act of 1946: Congress, when it amended the Act of October 14, 1940 in the act of July 2, 1946, Public Law 483, to confer eligibility for naturalization upon Filipinos as a class, also added section 321A to the 1940 statute which, in its effect, was similar to current INA 326:
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"Certificates of arrival or declarations of intention shall not be required of Filipino persons or persons of Filipino descent who are citizens of the Commonwealth of the Philippines on the date of the enactment of this Section, and who entered the United States prior to May 1, 1934, and have since continuously resided in the United States. The term "Filipino persons" or "Persons of Filipino descent as used in this Act shall mean persons of a race indigenous to the Philippine Islands and shall not include persons who are of as much as one half of a race ineligible to citizenship." |
k. Act of 1948: Besides the explicit cutoff date in the 1940 act, Congress in 1948, adopted a new liberalized citizenship program that excluded Filipino servicemen, and specifically provided that even applications timely filed under the 1940 act and still pending would be adjudged under the new provisions act of June 1, 1948, Ch. 360, 62 Stat. 281. These provisions were carried forward into the 1952 Nationality Act, see 66 Stat. 250, 8 U.S.C. § 1440.
l. Act of September 26, 1950 (64 Stat.1038): References to the Panama Canal Company in laws of the United States are deemed to refer to the Panama Canal Commission pursuant to 22 U.S.C. 3602(b)(5) (93 Stat. 455). The Panama Canal Commission was established by Public Law 96-70 (the Panama Canal Act of 1979) and began operations on October 1, 1979.
m. Civil Rights Act of April 9, 1866 (14 Statutes at Large 27) and, 2 years later, it was adopted as part of the 14th Amendment
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“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside...” |
n. Immigration Act of 1990: Section 405 of the Immigration Act of 1990 (Public Law 101-649; PL 101–649, November 29, 1990, 104 Stat 4978) provided for expeditious naturalization of certain Philippine Veterans of World War II. Congress passed several bills to amend the Immigration Act of 1990, making it possible for veterans to naturalize in the Philippines and extending the cut-off date for application (8 CFR 329.5). Interviews were conducted in the Philippines and in the United States. In 1997 Congress extended the filing deadline until Feb. 3, 2001 (P. L. 05-119, § 112(d)(2). That was the last extension. This soon brought about a large wave of elderly Filipino applicants, some twenty-eight thousand of whom had become U.S. citizens. The text of 405 does not address the derivative naturalization of spouses, widows or children of veterans.
o. Joint Resolution Extending the sovereignty of the United States over Swains Island and making the island a part of American Samoa (H.J. Res. 294) (Pub. Res., No. 75.):
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Whereas Swains Island (otherwise known as Quiros, Gente Hermosa, Olosega, and Jennings Islands) is included in the list of guano islands appertaining to the United States, which have been bonded under the Act of Congress approved August 18, 1856; and Whereas the island has been in the continuous possession of American citizens for over fifty years and no form of government therefor or for the inhabitants thereof has been provided by the United States: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the sovereignty of the United States over American Samoa is hereby extended over Swains Island, which is made a part of American Samoa and placed under the jurisdiction of the administrative and judicial authorities of the government established therein by the United States. Approved, March 4, 1925. |
p. Philippines Independence Act of 1934:
(1) The Philippines Independence Act, also known as the Tydings–McDuffie Act Public Law 73-127, 48 Stat. 456, enacted March 24, 1934). The Tydings-McDuffie Act did not become effective until May 1, 1934, when a concurrent resolution was adopted by the Philippine legislature in acceptance of the act. This in turn led eventually to the establishment of the Commonwealth of the Philippines. The Philippines Independence Act provided for self-government of the Philippines and for Filipino independence from the United States after a period of 10 years. It also established strict limitations on Filipino immigration. Pending full independence, the act authorized the Philippines to adopt a constitution and organize a new government. The Philippines did so in 1935. Full implementation was delayed by World War II:
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SEC. 2. (a) (1) "All citizens of the Philippine Islands shall owe allegiance to the United States." Sec. 8 (a)(2) "Citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens for purposes of immigration, exclusion and expulsion under the Immigration Acts of 1917 and 1924." |
(2) President Roosevelt invoked the Philippine Independence Act, Public Law No. 73–127, § 2(a)(12), 48 Stat. 456, 457 (1934), to call various Philippine military organizations “into the service of American armed forces.” The order of July 26, 1941 provided:
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"I hereby call and order into the service of the armed forces of the United States for the period of the existing emergency, and place under the command of a General Officer, United States Army, ... all of the organized military forces of the Government of the Commonwealth of the Philippines."(6 Fed.Reg. 3825 (1941). |
q. Philippine Organic Act of 1902 (enacted July 1, 1902): The U.S. Congress exercised the "power to determine civil rights and political status of the native inhabitants" provided for in article IX of the Treaty of Paris through a series of acts which conferred Philippine, but not United States, citizenship on the peoples of the Islands. (The Philippine Organic act of 1902 "An act Temporarily to Provide for the Administration of the Affairs of Civil Government in the Philippine Islands, and for other purposes" (also known as the Philippine Bill of 1902 and the Cooper act) (32 Stat. 691):
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"That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight." |
r. Public Law 89-710:
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"For the purpose of issuing certificates of citizenship to persons who are citizens of the United States, the term "United States" as used in section 341 of this Act includes the Canal Zone." |
s. Rescission Act of 1946: On February 18, 1946, the Congress enacted the Rescission Act of 1946, now codified as section 107 of Title 38 of the United States Code. The 1946 act deemed that the service performed by these Filipino veterans would not be recognized as “active service” for the purpose of any U.S. law conferring “rights, privileges, or benefits.”
t. Revised Statutes Section 1992. The provisions of the Civil Rights Act of April 9, 1866 were reenacted in 1878. Section 1992 of the Revised Statutes was repealed by the Nationality Act of 1940.
u. Revised Statutes Section 1993 provided that children born out of the limits and jurisdiction of the United States whose fathers were citizens of, and had resided in, the United States were at the time of their birth citizens of the United States.
v. U.S. Constitution, 14th Amendment, provides that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside...”