INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE EIGHTY-SECOND CONGRESS, SECOND SESSION, 1952
Chap. 19 | Chap. 126 | Chap. 129 | Chap. 165 | Chap. 306 | Chap. 323 | Chap. 338 | Chap. 369 | Chap. 418 | Chap. 445 | Chap. 462 | Chap. 477 | Chap. 549 | Chap. 578 | Chap. 597 | Chap. 721 | Chap. 946

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Public Law 414 | Chapter 477
June 27, 1952 | [H. R. 5678] 66 Stat. 163

AN ACT
To revise the laws relating to immigration, naturalization, and nationality; and for other purposes.
Section 289 | 301 | 304 | 403

Margin Notes
Chap. 477 Immigration and Nationality Act.
Chap. 477 175
Chap. 477 230
Chap. 477 234
Sec. 289 235
Sec. 301 236
Sec. 301 54 Stat. 1138.
8 U. S. C. 601.
Sec. 301 237
Sec. 304 274
Sec. 304 279
Sec. 403 280

Page 567

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, divided into titles, chapters, and sections according to the following table of contents, may be cited as the Immigration and Nationality Act.

TITLE II—IMMIGRATION
CHAPTER 9—MISCELLANEOUS

AMERICAN INDIANS BORN IN CANADA

SEC. 289.

Nothing in this title shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States; but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race.

TITLE III—NATIONALITY AND NATURALIZATION
CHAPTER I—NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION

NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

SEC. 301.

(a) The following shall be nationals and citizens of the United States at birth:

(1) a person born in the United States, and subject to the jurisdiction thereof;

(2) a person born in the United States to a member of an

Page 568

Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(3) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(4) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(5) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(6) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.

(b) Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a), shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United State for at least five years: Provided, That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years.

(c) Subsection (b) shall apply to a person born abroad subsequent to May 24, 1934: Provided, however, That nothing contained in this subsection shall be construed to alter or affect the citizenship of any person born abroad subsequent to May 24, 1934, who, prior to the effective date of this Act, has taken up a residence in the United States before attaining the age of sixteen years, and thereafter, whether before or after the effective date of this Act, complies or shall comply with the residence requirements for retention of citizenship specified in subsections (g) and (h) of section 201 of the Nationality Act of 1940, as amended.

PERSONS BORN IN ALASKA ON OR AFTER MARCH 30, 1867

SEC. 304.

A person born in Alaska on or after March 30, 1867, except a noncitizen Indian, is a citizen of the United States at birth. A noncitizen Indian born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a citizen of the United States at birth.

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TITLE IV—MISCELLANEOUS

LAWS REPEALED

SEC. 403.

(a) The following Acts and all amendments thereto and parts of Acts and all amendments thereto are repealed:

(42) Act of October 14, 1940 (54 Stat. 1137):

Approved, June 27, 1952.


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