871.4016/284: Telegram
The Secretary of State to the Minister in Rumania (Gunther)
502. Your 956, November 14, 4 p.m. You may advise Foreign Office there is no statutory provision under which citizenship is lost merely by reason of protracted foreign residence although naturalization treaties between United States and foreign states usually provide that naturalization shall be held to have been renounced if residence in former state of allegiance is renewed without the intent to return to United States. There is no such treaty between United States and Rumania. Under opinions of Attorneys General of the United States and preponderance of decisions of Federal Courts citizenship was not lost under second paragraph of Section 2 of Act of March 2, 1907.21 In consequence Joseph Hirsch, Jacob Nimovitz and Nathan Spitzer must be deemed upon basis of all records known to the Department to have had status of citizens of the United States at death. Documentation as citizens of Jacob Nimovitz and Nathan Spitzer could properly have been authorized by Department. Joseph Hirsch had technical status of citizen. Department considers it unnecessary to discuss whether decedents were entitled to protection.
Department considers that when naturalized American citizen resting under unrebutted presumption arising under Act of March 2, 1907, is molested because of his race or religion, you should exercise your discretion in the matter of extending unofficial good offices to him with [Page 879] a view to discontinuance of such molestation. Exigencies of present situation would seem to dictate your exercise of such discretion to fullest extent. Person whose status as native-born American citizen has been established should in present situation be given protection and if necessary issued passports limited to short periods. Necessity for deviation from policy followed in normal times required out of humanitarian considerations. In order that it may not be considered as having been overlooked, Department points out that Section 404 of Nationality Act22 will not become effective until October 14, 1942.