Memorandum.
Washington, April 16, 1901.
I. On June 26, 1875, the Attorney-General of the United States rendered an opinion that children who are born in the United States and whose father is a naturalized American citizen shall be considered American citizens even if their father has left the United States after the children’s birth and renounced his American citizenship and allegiance.
These children, however, shall be afforded an opportunity when they reach the age of 21 of electing whether they will return and take the nationality of their birth or retain the nationality acquired by the act of their father.
II. In 1883, in the case of a young Jew, the Imperial German legation was informed by the Department of State that the United States Government had adopted the principle that minor children who were born within the dominion of the United States do not lose their American citizenship eo ipso if their father changes his nationality, but that these children will be afforded an opportunity of making formal option of allegiance at their coming of age.
III. In 1896 it was stated by the Department of State that a child of foreign parents who was born in the United States and taken abroad by his father during his minority shall retain, according to the point of view established by the executive branch of the United States Government, his American citizenship by birth in the United States and may claim it after attaining majority.
It was added, however, that the executive branch of the United States Government was not competent to declare this, but that this had to be done by the competent court, either State or Federal, as the case may be.
IV. In the case of a Chinese child born in the United States whose parents had not been naturalized in the United States, and who had been taken to China by his parents and wanted to return to this country later, the United States Supreme Court stated in a decision rendered in October, 1897, “that all children born within the dominion of the United States of foreign parents holding no diplomatic office became American citizens merely by birth.”
V. A decision contradictory to the previous decisions was issued by the Treasury Department on February 28, 1899, No. 20747, stating that children born in the United States of nonnaturalized aliens and taken abroad by their father should, upon their return to this country, be adjudged alien immigrants.
The papers in this latter case had been referred to the Solicitor of the Treasury Department, who, after a careful review of the authorities, rendered an opinion that a child born in this country of a foreign father and taken abroad by his father, acquired said parent’s domicile and nationality.