File No. 1271.
[Untitled]
Washington, April 19, 1907.
To the diplomatic and consular officers of the United States.
Gentlemen: Under the provisions of the executive order of April 6, 1907, the following paragraph is added to the Diplomatic Instructions and Consular Regulations after paragraph 170:
Reports of fraudulent naturalization.—When any alien who has secured naturalization of the United States shall proceed abroad within five years after his naturalization and shall take up his permanent residence in any foreign country within five years after the date of his naturalization, it shall be deemed prima facie evidence that he did not intend in good faith to become a citizen of the United States when he applied for naturalization, and in the absence of countervailing evidence it shall be sufficient in the proper proceedings to authorize the cancellation of his certificate of citizenship as fraudulent. Diplomatic and consular officers shall furnish the Department of State, to be transmitted to the Department of Justice, the names of those within their jurisdictions, respectively, who are subject to the provisions of this requirement, and such statements from diplomatic and consular officers shall be certified to by such officers under their official seals, and are under the law admissible in evidence in all courts to cancel certificates of naturalization. (Act of June 29, 1906, sec. 15.)
The text of the law upon which this paragraph is based is appended to this instruction.
You are instructed, accordingly, that whenever a naturalized citizen goes abroad and takes up a permanent residence in a foreign country within five years after his naturalization, it may be assumed that his naturalization was not obtained in good faith, and upon certification by a diplomatic or consular officer of the fact of the foreign residence proceedings may be taken through the Department of Justice to set aside the naturalization on the ground that it was obtained in contravention of the naturalization laws.
Diplomatic and consular officers making such certification must, therefore, state: First, that the person is a permanent resident in a foreign country; and, second, that the permanent residence was taken up within five years after naturalization was conferred, and must certify not only to the facts, but to their means of knowledge.
No specified form of certification is prescribed, as the circumstances surrounding each case vary materially. It is not necessary that the residence shall have been acquired during the incumbency of the certifying officer, but he may, if he is in possession of sufficient evidence, certify to a residence which was acquired prior to his having had opportunity to have personal knowledge on the subject.
Certifications under this instruction should be sent forthwith to this department, together with the certificate of naturalization of the person in interest; and, pending instructions from the department, such person’s citizenship shall be considered as awaiting adjudication, and he may be refused a passport or registration as a citizen of the United States. In the event of actual interposition being required in his behalf with the authorities of a foreign country, the facts should, if possible, be telegraphed to the department and its instructions awaited, and the foreign authorities should be requested to suspend any proceedings against the person in interest until instructions from this Government shall have been received.
[Page 9]When a certification under this instruction is made by a consul he should, at the same time that he sends the certification to this department, notify the embassy or legation in the country in which his consulate is situated.
I am, gentlemen, your obedient servant,