Nationality act of 1940 pdf

History books, newspapers, and other sources use the popular name to refer to these laws. Its stated purpose was to revise and codify the nationality laws of the united states into a comprehensive nationality code. Scan of the 1940 census document pdf version of the actual instructions given to enumerators. From the opening statement of senator francis maloney. Birthright citizenship was tied to race until 1940 naturalized citizenship was tied to race until 1952 only accounted for 7. An act to amend the nationality act of 1040 be it enacted by the senate and house of representatives of the united slates of america in congress assembled, that section 307 a of the nationality act of 1940, approved october 14, 1940 54 stat. The purpose of this memorandum is to call to your attention observations of the alien affairs branch of this office to problems which arise as a result of the provisions of section 307b of the nationality act of 1940 and to obtain your assistance in alleviating. And sometimes they are meant to garner political support for a law by giving it a catchy name as with the usa patriot act or the take pride in america act or by invoking public outrage or sympathy as with any number of laws named for victims of crimes. Sec 317b nationality act of 1940 pdf okay it would appear from this that women who married a foreign citizen before sept 1922 by that act lost citizenship. Applying the theory of the jus sanguinis, the nationality act of 1940 goes far beyond the act of february 2, 1855,6 and the act of may 24, 1934. The problematic parts of the legislation are certiain conditions that, if not met, a persons citizenship automatically expires. Be it enacted by the kings most excellent majesty, the senate and the house of representatives of the commonwealth of australia, as follows. The nationality of an immigrant whose admission is subject to the numerical limitations imposed by section thirteen of this act shall be that of the country of which the immigrant is a citizen or subject, selfgoverning dominions being treated as separate countries.

Nationality act of 1940, former section 501 et seq. Hearings before a subcommittee of the committee on immigration, united states senate, seventyseventh congress, second session on h. It was enacted by the 76th congress of the united states and signed into law on october 14, 1940, a year after world war ii had begun in europe, but before the u. Department of state ds4083 formerly fs348 012007 this form is prescribed by the secretary of state pursuant to section 501 of the act of october 14, 1940 54 stat. History and timeline of immigration laws passed in the u. In the words of blum and haneylopez, from this countrys inception in 17891790, the. To amend the nationality act of 1940 library of congress. During the antebellum years and for a time thereafter, immigration and nationality law appeared to agree and serve national goals. To revise the laws relating to immigration, naturalization, and nationality h. The nationality act of 1940 outlined the process by which immigrants could acquire u. Cases that cite this headnote 3 constitutional law war and national security existence of war and danger to national security do not warrant abrogation of constitutional guaranty of due process of law in absence of valid declaration of martial law. Revision and codification of laws pertaining to citizenship, naturalization and expatriation, heretofore scattered among a large number of statutes with frequent inconsistencies and anachronisms,l has long been urged. In marriage, husband is domi nant, wife subordinate.

The nationality act was passed by congress in 1940 and signed into law by president franklin d. This is a meeting of the subcommittee appointed by chairman. Dec 07, 2008 sec 317b nationality act of 1940 pdf okay it would appear from this that women who married a foreign citizen before sept 1922 by that act lost citizenship. Jan 11, 2020 the naturalization act of 1906 creates the bureau of immigration and naturalization and places it under the jurisdiction of the commerce department. The nationality of an immigrant possessing dual nationality may. Department of state ds4083 formerly fs348 052018 this form is prescribed by the secretary of state pursuant to section 501 of the act of october 14, 1940 54 stat. Birthright citizenship was tied to race until 1940. The british nationality act 1948 was an act of the parliament of the united kingdom that created the status of citizen of the united kingdom and colonies cukc as the national citizenship of the united kingdom and its colonies. Independent nationality act or the married womens act passed on september 22, 1922, and repealed the. Nationality act of 1940 ch4 s401410 free download as pdf file. Currently under the immigration and nationality act of 1952 ina effective from december 24, 1952 to present the definition of the united states for nationality purposes, was expanded to add guam.

An act to make provision for british nationality and for citizenship of the united kingdom and colonies and for purposes connected with the matters aforesaid. Any provision of law including section 301b of the immigration and nationality act 8 u. Problems arising as result of provisions of section 307b of. Nationality act of 1940 wikipedia republished wiki 2. The problematic parts of the legislation are certiain conditions that, if not met, a persons citizenship automatically expires, with no due process. But obamas mother didnt marry anyone prior to that date, she was not even born, meaning this part of the act doesnt even pertain. In the late 1930s the united states was once again scratching away at the parchment writing out the legal parameters of the nationality act of 1940. From title 8aliens and nationality chapter 12immigration and nationality subchapter iiinationality and naturalization part inationality at birth and collective naturalization. These sections, relating to citizenship, were affected by the nationality act of 1940, former section 501 et seq. This act may be cited as the nationality act of 1940. With the exception of the chinese exclusion act of 1882, the two bodies of immigration and nationality law were not coordinated, nor did either make any reference to the other. Nationality act of 1940 wikimili, the best wikipedia reader. The nationality act of 1940 was repealed and superseded by the immigration and nationality act of 1952.

The british nationality act article pdf available in twentieth century british history 101. Chapter 876 an act to revise and codify the nationality laws of the united states into a comprehensive nationality code. Immigration and nationality act of 1952 the mccarranwalter act consolidates earlier immigration. An act to revise and codify the nationality laws of the united states. Nationality act of 1940 long history of racism in u. The law specified that neither sex nor marital status could be considered in naturalization decisions, but it did outline specifications concerning race and ethnicity. The ina has been amended many times over the years and contains many of the most important provisions of immigration law. Problems arising as result of provisions of section 307b. The british nationality act, twentieth century british history on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Nationals and citizens of united states at birth text contains those laws in effect on april 16, 2020. To my great amazement, i recently have discovered that the united states has had a long history of racism in its statutes regarding u. The act also requires immigrants to learn english before they can become citizens. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that the nationality laws of the united states are revised and codified as follows.

It was enacted by the 76th congress of the united states and signed into law on october 14, 1940, a year after world war ii had begun in europ. The ina collected many provisions and reorganized the structure of immigration law. Dec 12, 2017 with the exception of the chinese exclusion act of 1882, the two bodies of immigration and nationality law were not coordinated, nor did either make any reference to the other. On 10 february, congress enacts a new law to clear up the allegation that during the half century, between 1802 and 1855, u. The alien registration act smith act requires that all immigrants age 14 and up register with the government and be fingerprinted. The nationality act of 1940 american journal of international law.