Carmichael is only a derivative citizen of the United States. He was not born in this country. He was born in Jamaica. but since he was the son of parents subsequently naturalized. he himself has become a citizen by operation of our law. Upon a conviction of violation of section 1481(9). he will lose this derivative citizenship. The Immigration and Naturalization Act8 U.S.C. 1481(9)specifically provides that a person who is a citizen of the United States whether by birth or naturalization. shall lose his nationality by "violating or conspiring to violate any of the provisions of section 2383 of title 18. or willfully performing any act in violation of section 2385 of title 18. or violating section 2384 of title 18when he is convicted thereofby a court of competent jurisdiction." The statute further provides that the burden of proof in such cases shall be merely by a preponderance of the evidence. Section 2385. to which the Immigration Act has reference. prohibits advocacy of the overthrow of our Government in the following respects and language clearly applicable to Carmichaels utterances and acts: Whoever knowingly or willfully advocates. advises. or teaches the desirability of overthrowing or destroying the government of the United States . . . or Whoever . . attempts to organize any ... group or assembly of persons who . . . advocate or encourage the overthrow of (the United States) . . . by force or violence ... Stokely Carmichael should be indicted forthwith under the provisions of this act. I am certain that his conviction will follow as night the day.
Keywords matched
Naturalization Immigration naturalization naturalized