Speech #900175037

Mr. Speaker. I urge passage of H.R. 555. a bill which will correct certain inequities and improve the administration of our naturalization laws in three instances. First. the bill will update the Immigration and Nationality Act in its provision for waiver of the requirement of an understanding of the English language for aged persons who have been residents of the United States for more than 20 years. The second section of the proposed legislation will correct a longstanding inequity by which certain persons born outside the United States as U.S. citizens at birth have been less favorably treated than those who derived their U.S. citizenship through the naturalization of an alien parent. Finally. the bill would change the age limit for automatic acquistion of citizenship upon the naturalization -of parents from 16 to 18 years. These changes are part of a general program by the Immigration and Nationality Subcommittee to update the Immigration and Nationality Act and to correct inequities revealed by operating experience. With respect to the first change. under existing law section 312 of the Immigration and Nationality Act waives the requirement of an understanding of the English language for any person. who. on December 24. 1952. was over 50 years old and who then had lived in the United States for periods totaling at least 20 years. The proposed change merely means that hereafter whenever a permanent resident alien reaches the age of 50 and has been in the United States for a minimum of 20 years the English language requirement. is waived. The proposed change presents no new question of policy. The Immigration and Nationality Act resolved in the affirmative the question whether persons over 50 years of age with 20 years of residence. who are otherwise qualified for naturalization. should be excused from the test of their ability to read. write. and speak English. Fourteen years have elapsed since the cutoff date prescribed in the 1952 legislation. Those who could claim the exemptions today would have to be at least 64 years of age and have lived in this country for as much as 34 years. Those who reached age 50 or who completed the 20 years of residence after 1952 remain ineligible for the exemption. even though they may now be over age 60 and have lived here for as much as 30 years. The committee felt that those persons over 50 years of age who have resided in the United States for 20 years. and who are otherwise qualified for naturalization should be excused from the test of their ability to read. write. and speak English. The State and Justice Departments have indicated they favor the change. The bill has been amended in section 2 to provide for retention of U.S. citizenship in cases of certain U.S. citizens who acquired such citizenship at birth. The purpose of this amendment is to remove an obvious discrimination in the immigration law. Under existing law. a child born abroad one of whose parents is a U.S. citizen and one an alien. in order to retain U.S. citizenship acquired at birth. must be continuously physically present in the United States for 5 years between the ages of 14 and 28 years. However. a child born abroad one of whose parents is a U.S. citizen and one an alien who cannot qualify for atbirth citizenship but can acquire derivative citizenshipsection 320(a)-if the alien parent is naturalized while he is under 16 years of age and if he begins to reside permanently in the United States while under 16 years of age. Upon acquiring this derivative citizenship. no action is necessary to retain it. Thus. a child who acquired citizenship at birth must reside in the United States for a continuous period of 5 years in order to retain that citizenship while a child obtaining derivative citizenship need not meet any requirement. This distinction is discriminatory and entirely unjustified. Under this amendment. any person who is a national and citizen of the United States at birth under section 301(a) (7) of that act shall not lose his nationality and citizenship if the alien parent is naturalized while such person is under the age of 18 years and such person begins residing in the United States permanently while under the age of 18 years. This change was also favored by the administrative departments concerned. The final changes proposed by this legislation provide that children under 18 years of age may acquire U.S. citizenship through the naturalization of their parents. Under existing law. the critical age for automatic acquisition of U.S. citizenship by children by operation of law through the naturalization of a parent or parents is 16 years. Children between the ages of 16 and 18 can acquire that status through judicial naturalization proceedings commenced by the parent or parents on behalf of the children. This amendment would change the critical age for automatic acquisition of citizenship by children from age 16 to 18. In so doing. it restores the law as it existed under the Nationality Act of 1940 until the effective date of the Immigration and Nationality Act. December 24. 1952. It is believed that the present law is burdensome. time consuming. and without any apparent useful purpose.