The Department is concerned that the substitute amendment could bestow citizenship on persons who assisted or otherwise participated in Nazisponsored persecution on the basis of race. religion. national origin. or political opinion during World War II. The substitute amendment thus excludes from acquired citizenship those persons born before 1934 of a U.S. citizen mother who have participated in such Nazi atrocities. It likewise would not affect the validity of any denaturalization. deportation. or exclusion proceedings against any person who would not have been eligible to immigrate to the United States by reason of participation in such persecution. In doing so. the provision requested by the Justice Department would prevent the possible development of an anomalous situation: the conferring of citizenship on an individual whose wartime activities on behalf of the Nazis could be considered by a federal court to have resulted in his or her expatriation if he or she had been born in the United States. or born abroad of a U.S. citizen father. At least one federal court has found that participation in Nazi crimes may. in fact. be considered to be expatriating.
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