Speech #860257356

United States Code. the requirement of the socalled first papers or declaration of intention to become a U.S. citizen in the case of an allen who desires to enlist in the U.S. Army. In the course of my continuous studies and inquiries pertaining to immigration matters and to the broader aspect of the status of aliens in the United States. I have discovered that although certain categories of aliens are subject to the draft. pursuant to the Selective Service Act. as amended. there exists a rather outdated provision (see. 3253 of title 10. U.S.C.). under which no original enlistment may be accepted unless the otherwise eligible alien has made "a legal declaration of intention to become a citizen of the United States." As you know. the Immigration and Nationality Act eliminated such declaration as a prerequisite to naturalization and has. in section 3349(f) made that declarationoften referred to as "first papers"-merely an option matter. without any bearing whatsoever on the aliens eligibility to become a citizen of the United States. I am informed by the Immigration and Naturalization Service that the number of aliens applying for those "first papers" is rapidly diminishing. I am not surprised to learn this. inasmuch as it was quite clear that the Congress intended to eliminate "first papers" as a rather confusing and unnecessary step in the process of naturalization. The retention of the requirement contained now in section 3253 of title 10. United States Code. leads to rather unfortunate situations which I had an opportunity to observe myself. Take the case of an alien who was drafted and in the course of his service was sent to Europe or to some remote area in or around the Pacific. When his time of service is about to expire and he desires to enlist in the Regular Army. he must secure "a declaration of intention to become a citizen of the United States." He can do this only in the United States by making an application at the office of the clerk of a court authorized to naturalize aliens. The Army does not provide transportation for that purpose. and the alien is faced with the alternative to either incur the expense or to give up his intention to enter the Regular Army. I am told that in this manner the Army has lost. and is still losing. some valuable servicemen. I believe that the elimination of the requirement contained in section 3253 would be perfectly in line with the naturalization requirements of the Immigration and Nationality Act and specifically with its section 330. providing for expeditious naturalization of alien servicemen after 3 years of service on the condition that they were previously lawfully admitted for permanent residence in the United States and. of course. served honorably. The chairman of the Armed Services Committee has sent me a copy of a report on my bill submitted by the Secretary of the Army. Mr.