Mr. Speaker. the purpose of H.R. 3049 is simple: To ensure that Federal as well as State courts can continue their traditional roles in administering oaths of allegiance to new American citizens. The bill reinstates the longstanding procedure under whichprior to 1990immigrants who are eligible for naturalization as citizens of the United States participate in formal oath of allegiance ceremonies held in courtrooms and presided over by Federal or State judges. At the same time. the bill ensures that naturalization is accomplished in a timely manner. The 1990 Immigration Act conferred exclusive naturalization authority on the Immigration and Naturalization Service [INS] even though it allows an applicant to take the oath of allegiance from a Judge. H.R. 3049 changes in an appropriate way the 1990 act. Under H.R. 3049. the authority to administer oaths of allegiance would repose in the courts for a 45day period beginning when the INS has completed and approved an applicants paperwork. Under the bill. a court wishing to resume the historic role of courts in the naturalization process--a role limited by the 1990 actwould be required to provide to the applicant and to the INS a schedule of dates--within that 45day periodon which the court will conduct naturalization ceremonies. Under the bill. declining to submit or to comply with the 45day timetable results in the automatic waiver of the courts jurisdiction. And. whenever there is an automatic waiver the prospective citizen can elect to participate in an administrative naturalization ceremony conducted by and before an INS officer which includes the oath of allegiance. The legislation also provides for an emergency oathtaking ceremony whenever the applicant can show special or exigent circumstances. Individuals who are seriously ill or disabled or who have illness in their families or who are old will be able to avail themselves of this procedure.
Keywords matched
naturalization Immigration Naturalization