8 U.S.C. § 1449 — Certificate of naturalization; contents

Page 517 TITLE 8—ALIENS AND NATIONALITY § 1449 with jurisdiction under section 1421(b) of this title’’ for ‘‘in open court’’, ‘‘Attorney General’’ for ‘‘naturaliza- tion court’’ wherever appearing in second and fourth sentences, and ‘‘Attorney General’’ for ‘‘court’’ before ‘‘the child’’ in fourth sentence. Subsec. (b). Pub. L. 101–649, § 407(c)(18), (d)(15)(B), sub- stituted ‘‘applying’’ for ‘‘petitioning’’, ‘‘applicant’’ for ‘‘petitioner’’, and ‘‘in the same public ceremony in which the oath of allegiance is administered’’ for ‘‘in open court in the court in which the petition for natu- ralization is made’’, and struck out ‘‘in the court’’ after ‘‘shall be recorded’’. Subsec. (c). Pub. L. 101–649, § 407(c)(18), (d)(15)(C), sub- stituted ‘‘applicant’’ for ‘‘petitioner’’, ‘‘attending a public ceremony’’ for ‘‘being in open court’’, and ‘‘at such place as the Attorney General may designate under section 1445(e) of this title’’ for ‘‘a judge of the court at such place as may be designated by the court’’. Subsec. (d). Pub. L. 101–649, § 407(d)(15)(D), added sub- sec. (d). 1981—Subsec. (a). Pub. L. 97–116 substituted ‘‘section 1433’’ for ‘‘section 1433 or 1434’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–448, § 2, Nov. 6, 2000, 114 Stat. 1939, pro- vided that: ‘‘The amendment made by section 1 [amending this section] shall apply to persons applying for naturalization before, on, or after the date of the enactment of this Act [Nov. 6, 2000].’’ EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 102(b)(2) of Pub. L. 102–232 ef- fective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(i) of Pub. L. 102–232 effec- tive as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. DEMONSTRATION PROJECTS TO PROVIDE FOR ADMINISTRATION OF OATH OF ALLEGIANCE Pub. L. 104–208, div. C, title VI, § 647, Sept. 30, 1996, 110 Stat. 3009–710, provided that: ‘‘(a) IN GENERAL.—The Attorney General shall make available funds under this section, in each of fiscal years 1997 through 2001, to the Commissioner of Immi- gration and Naturalization or to other public or private nonprofit entities to support demonstration projects under this section at 10 sites throughout the United States. Each such project shall be designed to provide for the administration of the oath of allegiance under section 337(a) of the Immigration and Nationality Act [8 U.S.C. 1448(a)] on a business day around Independ- ence Day to approximately 500 people whose applica- tion for naturalization has been approved. Each project shall provide for appropriate outreach and ceremonial and celebratory activities. ‘‘(b) SELECTION OF SITES.—The Attorney General shall, in the Attorney General’s discretion, select di- verse locations for sites on the basis of the number of naturalization applicants living in proximity to each site and the degree of local community participation and support in the project to be held at the site. Not more than 2 sites may be located in the same State. The Attorney General shall consider changing the sites selected from year to year. ‘‘(c) AMOUNTS AVAILABLE; USE OF FUNDS.— ‘‘(1) AMOUNT.—The amount made available under this section with respect to any single site for a year shall not exceed $5,000. ‘‘(2) USE.—Funds made available under this section may be used only to cover expenses incurred in car- rying out oath administration ceremonies at the demonstration sites under subsection (a), including expenses for— ‘‘(A) cost of personnel of the Immigration and Naturalization Service (including travel and over- time expenses); ‘‘(B) rental of space; and ‘‘(C) costs of printing appropriate brochures and other information about the ceremonies. ‘‘(3) AVAILABILITY OF FUNDS.—Funds that are other- wise available to the Immigration and Naturalization Service to carry out naturalization activities shall be available, to the extent provided in appropriation Acts, to carry out this section. ‘‘(d) APPLICATION.—In the case of an entity other than the Immigration and Naturalization Service seek- ing to conduct a demonstration project under this sec- tion, no amounts may be made available to the entity under this section unless an appropriate application has been made to, and approved by, the Attorney Gen- eral, in a form and manner specified by the Attorney General.’’ § 1448a. Address to newly naturalized citizens Either at the time of the rendition of the de- cree of naturalization or at such other time as the judge may fix, the judge or someone des- ignated by him shall address the newly natural- ized citizen upon the form and genius of our Government and the privileges and responsibil- ities of citizenship; it being the intent and pur- pose of this section to enlist the aid of the judi- ciary, in cooperation with civil and educational authorities, and patriotic organizations in a continuous effort to dignify and emphasize the significance of citizenship. (Feb. 29, 1952, ch. 49, § 2, 66 Stat. 10.) Editorial Notes CODIFICATION Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Section was previously classified to section 154 of former Title 36, Patriotic Societies and Observances. PRIOR PROVISIONS Similar provisions were contained in act May 3, 1940, ch. 183, § 2, 54 Stat. 178, which was classified to section 727a of this title prior to repeal by act Feb. 29, 1952. § 1449. Certificate of naturalization; contents A person admitted to citizenship in con- formity with the provisions of this subchapter shall be entitled upon such admission to receive from the Attorney General a certificate of natu- ralization, which shall contain substantially the following information: Number of application for naturalization; number of certificate of nat- uralization; date of naturalization; name, signa- ture, place of residence, autographed photo- graph, and personal description of the natural- ized person, including age, sex, marital status, and country of former nationality; location of the district office of the Service in which the ap- Page 518 TITLE 8—ALIENS AND NATIONALITY § 1450 plication was filed and the title, authority, and location of the official or court administering the oath of allegiance; statement that the At- torney General, having found that the applicant had complied in all respects with all of the ap- plicable provisions of the naturalization laws of the United States, and was entitled to be admit- ted a citizen of the United States of America, thereupon ordered that the applicant be admit- ted as a citizen of the United States of America; attestation of an immigration officer; and the seal of the Department of Justice. (June 27, 1952, ch. 477, title III, ch. 2, § 338, 66 Stat. 259; Pub. L. 101–649, title IV, § 407(c)(19), (d)(16), Nov. 29, 1990, 104 Stat. 5041, 5045; Pub. L. 102–232, title III, § 305(j), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103–416, title I, § 104(a), title II, § 219(z)(3), Oct. 25, 1994, 108 Stat. 4308, 4318.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–416, § 219(z)(3), repealed Pub. L. 102–232, § 305(j)(1). See 1991 Amendment note below. Pub. L. 103–416, § 104(a), struck out ‘‘intends to reside permanently in the United States, except in cases fall- ing within the provisions of section 1435(a) of this title,’’ before ‘‘had complied in’’. 1991—Pub. L. 102–232, § 305(j)(2), substituted ‘‘district’’ for ‘‘District’’ before ‘‘office of the Service’’. Pub. L. 102–232, § 305(j)(1), which made a technical cor- rection to Pub. L. 101–649, § 407(d)(16)(C), which was un- necessary because the language sought to be corrected was already correct in Pub. L. 101–649 (see 1990 Amend- ment note below) was repealed by Pub. L. 103–416, § 219(z)(3). See Construction of 1994 Amendment note below. 1990—Pub. L. 101–649 substituted ‘‘application’’ for ‘‘petition’’ and ‘‘applicant’’ for ‘‘petitioner’’ in two places, struck out ‘‘by a naturalization court’’ after ‘‘citizenship’’, and substituted ‘‘the Attorney General’’ for ‘‘the clerk of such court’’, ‘‘location of the District office of the Service in which the application was filed and the title, authority, and location of the official or court administering the oath of allegiance’’ for ‘‘title, venue, and location of the naturalization court’’, ‘‘the Attorney General’’ for ‘‘the court’’, and ‘‘of an immi- gration officer; and the seal of the Department of Jus- tice’’ for ‘‘of the clerk of the naturalization court; and seal of the court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title I, § 104(e), Oct. 25, 1994, 108 Stat. 4308, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to per- sons admitted to citizenship on or after the date of en- actment of this Act [Oct. 25, 1994].’’ Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by section 219(z)(3) is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amend- ments of 1991, Pub. L. 102–232. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. CONSTRUCTION OF 1994 AMENDMENT Pub. L. 103–416, title II, § 219(z)(3), Oct. 25, 1994, 108 Stat. 4318, provided that: ‘‘paragraph (1) of section 305(j) of such Act [Pub. L. 102–232, amending section 407(d)(16)(C) of Pub. L. 101–649] is repealed (and section 407(d)(16)(C) of the Immigration Act of 1990 [Pub. L. 101–649, amending this section] shall read as if such paragraph had not been enacted)’’. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1450. Functions and duties of clerks and records of declarations of intention and ap- plications for naturalization (a) The clerk of each court that administers oaths of allegiance under section 1448 of this title shall— (1) deliver to each person administered the oath of allegiance by the court pursuant to section 1448(a) of this title the certificate of naturalization prepared by the Attorney Gen- eral pursuant to section 1421(b)(2)(A)(ii) of this title, (2) forward to the Attorney General a list of applicants actually taking the oath at each scheduled ceremony and information con- cerning each person to whom such an oath is administered by the court, within 30 days after the close of the month in which the oath was administered, (3) forward to the Attorney General certified copies of such other proceedings and orders in- stituted in or issued out of the court affecting or relating to the naturalization of persons as may be required from time to time by the At- torney General, and (4) be responsible for all blank certificates of naturalization received by them from time to time from the Attorney General and shall ac- count to the Attorney General for them when- ever required to do so. No certificate of naturalization received by any clerk of court which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificates shall be returned to the Attorney General. (b) Each district office of the Service in the United States shall maintain, in chronological order, indexed, and consecutively numbered, as part of its permanent records, all declarations of intention and applications for naturalization filed with the office. (June 27, 1952, ch. 477, title III, ch. 2, § 339, 66 Stat. 259; Pub. L. 101–649, title IV, § 407(d)(17), Nov. 29, 1990, 104 Stat. 5045; Pub. L. 102–232, title I, § 102(b)(1), Dec. 12, 1991, 105 Stat. 1735.) Editorial Notes AMENDMENTS 1991—Subsec. (a). Pub. L. 102–232, § 102(b)(1)(F), in- serted sentence at end relating to return of defaced or injured certificates of naturalization to Attorney Gen- eral. Subsec. (a)(1). Pub. L. 102–232, § 102(b)(1)(A), added par. (1) and struck out former par. (1) which read as follows: ‘‘issue to each person to whom such an oath is adminis- tered a document evidencing that such an oath was ad- ministered,’’. Subsec. (a)(2). Pub. L. 102–232, § 102(b)(1)(B), inserted ‘‘a list of applicants actually taking the oath at each scheduled ceremony and’’ after ‘‘Attorney General’’.