Page:United States Statutes at Large Volume 54 Part 1.djvu/1184

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PUBLIC LAWS-CH. 876-OCT. 14, 1940 Naturalization of persons serving on designated vessels. Applicability ofdes- ignated subsections. Ante, p. 1149. Naturalization of certain alien enemies. Hearing require- ments. Removal, etc. Loyalty as basis for exception. Commissioner in charge of administra- tion. ice, shall be proved by duly authenticated copies of records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of affidavits and testimony or depositions of witnesses. SEC. 325. (a) A person who has served honorably or with good conduct for an aggregate period of at least five years (1) on board of any vessel of the United States Government other than in the United States Navy, Marine Corps, or Coast Guard, or (2) on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels, and whose home port is in the United States, may be naturalized without having resided, continuously immediately preceding the date of filing such person's petition, in the United States for at least five years, and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the service on a reen- listment, reappointment, or reshipment, or within six months after an honorable discharge or separation therefrom. (b) The provisions of subsections (b), (c), (d), and (e) of section 324 shall apply to petitions for naturalization filed under this section, except that service with good conduct on vessels described in sub- section (a) (2) of this section may be proved by certificates from the masters of such vessels. AIEN ENEMIES SEC. 326. (a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may be naturalized as a citizen of the United States if such alien's declaration of intention was made not less than two years prior to the beginning of the state of war, or such alien was at the beginning of the state of war entitled to become a citizen of the United States without making a declaration of intention, or his petition for naturalization shall at the beginning of the state of war be pending and the petitioner is otherwise entitled to admission, notwithstanding such petitioner shall be an alien enemy at the time and in the man- ner prescribed by the laws passed upon that subject. (b) An alien embraced within this section shall not have such alien's petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner to be represented at the hearing, and the Commis- sioner's objection to such final hearing shall cause the petition to be continued from time to time for so long as the Commissioner may require. {c) Nothing herein contained shall be taken or construed to inter- fere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturaliza- tion of such alien. (d) The President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully estab- lishing the loyalty of any alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon such alien shall have the privilege of applying for naturalization. PROCEDURAL AND ADMINISTATIVE PROVISIONS EXECUT'IVE FUNCrONS SEC. 327. (a) The Commissioner, or, in his absence, a Deputy Com- missioner, shall have charge of the administration of the naturaliza- tion laws, under the immediate direction of the Attorney General, to [54 STAT.