File No. 1271/469.
The Department of State to the Embassy of Austria-Hungary.
Washington, December 20, 1909.
Aide mémoire.
With reference to the recent visit to the Department of State of the ambassador of Austria-Hungary, on which occasion His Excellency made inquiry touching the question of the abuse of naturalization papers by Austrians who have taken out American citizenship papers merely for purposes of protection in their native country, the Department of State begs to invite attention to the fact that the cases mentioned by the ambassador seem to come within the purview of the second paragraph of section 15 of the naturalization act of June 29, 1906. This law is quoted on the first page of the circular instruction to the diplomatic and consular officers of the United States, dated April 19, 1907, and entitled “Reports of Fraudulent Naturalization.” A copy of that circular is sent herewith.1
It appears from the records that the Department of State has referred to the Department of Justice, under the provision of this law, three cases of persons who acquired permanent residence in Austria-Hungary within five years after their naturalization. Two of these cases were reported by the consul at Trieste and the other by the consul at Prague.
Attention is also invited to the second section of the expatriation act of March 2, 1907, which is quoted on the first page of the circular instruction of April 19, 1907, entitled “Expatriation.”2
These two laws clearly show that it is not the desire of the Government of the United States to extend its protection to persons who obtain naturalization fraudulently without an intention of residing in this country, or to persons who, although they may have been lawfully naturalized, have expatriated themselves by prolonged foreign residence. There are, no doubt, many naturalized American citizens of Austrian or of Hungarian origin who have been residing in their native lands for many years. It is difficult, however, for the diplomatic and consular officers of the United States to obtain information and furnish reports in regard to these persons, since they do not make known the fact of their American naturalization until, for some reason, they desire to obtain the intervention of this Government in their behalf.
It may be added that the Department of State has been informed by the Department of Justice that there is a case now pending in one of the courts which involves the question as to whether section 15 of the naturalization act of June 29, 1906, is retroactive.
The question of the retroactivity of section 2 of the expatriation act of March 2, 1907, is receiving the reconsideration of the law officers of the Department of State.