Nationality Act of 1940
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The Nationality Act was passed by Congress in 1940 and signed into law by President Franklin D. Roosevelt (D) on October 14, 1940. Its stated purpose was to "revise and codify the nationality laws of the United States into a comprehensive nationality code." The law established the conditions necessary to meet for one to acquire U.S. citizenship through the nature of one's birth (known as birthright citizenship). It also outlined the process by which immigrants could acquire U.S. citizenship through naturalization and described classes of non-citizens who would be ineligible for naturalization. The Nationality Act of 1940 was supplanted by the Immigration and Nationality Act of 1952.[1][2]
Provisions
Birthright citizenship
The Nationality Act of 1940 codified the conditions that one must meet in order to acquire U.S. citizenship through birth. Under the law, the following individuals were automatically considered citizens of the United States:[3]
- individuals who were born within the borders of the United States
- individuals who were born within one of the territories of the United States
- individuals born outside of the United States and its territories to two U.S. citizen parents, at least one of whom had resided in the country or one of its territories prior to the child's birth
- individuals born outside of the United States and its territories to two parents, one of whom was a U.S. citizen and had resided in the country or one of its territories, and the other of whom was a national of the United States
- individuals born in a territory of the United States to at least one parent who was a U.S. citizen and had resided in the country or one of its territories
- children found in the United States with unknown parentage
- individuals born outside of the United States and its territories to one parent who was a U.S. citizen that had resided within the country for at least 10 years, at least five of which were after the age of 16, and one parent who was a non-citizen
- in order to retain citizenship, such individuals were required to reside within the United States for at least five years between ages 13 and 21
The law also retroactively conferred citizenship upon individuals born in Puerto Rico after April 11, 1899, who were residing within Puerto Rico or another U.S. territory on the date the law was enacted.[3]
Naturalization
The Nationality Act of 1940 outlined the process by which immigrants could acquire U.S. citizenship through naturalization. The law specified that neither sex nor marital status could be considered in naturalization decisions, but it did outline specifications concerning race and ethnicity. The law reserved naturalization for white individuals, individuals of African descent, and individuals of Native American descent. Individuals from the Philippines who had served in the United States military were also included in the law as eligible for naturalization. To be considered eligible for naturalization, individuals were also required to speak English, unless physically unable to speak.[3]
The law barred from consideration for naturalized citizenship individuals who met any of the following conditions within the 10 years prior to their application:[3]
- advocated against all forms of organized government
- advocated for the overthrow of the United States government
- advocated for the assault or killing of government officials
- advocated for property destruction or general sabotage
The law specified that giving money to others for the purpose of advocating for the above actions would be itself considered advocacy. Additionally, non-citizens who had deserted their posts in the United States military or had avoided serving would be considered ineligible for naturalized citizenship.[3]
The law also established residency requirements for naturalization. It required applicants for naturalization to have resided within the United States for at least five years, and within the particular state where they submitted their petitions for at least six months. An applicant had to continue to reside within the United States from the date of his or her petition until the date citizenship was granted. Absence from the United States for between six months and one year was considered a violation of the continuous residency requirement unless the applicant could demonstrate a reasonable cause for the absence. Additionally, absence from the country for a year or more was considered a similar violation unless the absence was on behalf of employment with the U.S. government or an American research institution. Absence due to religious duties as a clergyman or nun was also acceptable. The law required applicants to produce various proofs of such residency.[3]
Non-citizens who had married a U.S. citizen were also considered eligible for naturalization under the law, with exceptions made to the residency requirements for such individuals. The law also provided for the naturalization of the children of individuals who became naturalized citizens. [3]
See also
External links
Footnotes
- ↑ University of Washington - Bothell, "1940 Nationality Act," accessed March 28, 2017
- ↑ U.S. Department of State, "7 FAM 1132.7 January 13, 1941," accessed March 28, 2017
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 University of Washington - Bothell, "Immigration and Nationality Act of 1940," accessed March 27, 2017
