8 U.S.C. § 1404 — Persons born in Alaska on or after March

Page 483 TITLE 8—ALIENS AND NATIONALITY § 1407 ama Canal Commission pursuant to section 3602(b)(5) of Title 22, Foreign Relations and Intercourse. § 1404. Persons born in Alaska on or after March 30, 1867 A person born in Alaska on or after March 30, 1867, except a noncitizen Indian, is a citizen of the United States at birth. A noncitizen Indian born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a cit- izen of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, § 304, 66 Stat. 237.) Statutory Notes and Related Subsidiaries ADMISSION OF ALASKA AS STATE Alaska Statehood provisions as not repealing, amend- ing, or modifying the provisions of this section, see sec- tion 24 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Territories and Insular Possessions. § 1405. Persons born in Hawaii A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Ha- waii on August 12, 1898, is declared to be a cit- izen of the United States as of April 30, 1900. (June 27, 1952, ch. 477, title III, ch. 1, § 305, 66 Stat. 237.) Executive Documents ADMISSION OF HAWAII AS STATE Hawaii Statehood provisions as not repealing, amend- ing, or modifying the provisions of this section, see sec- tion 20 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 13, set out as a note at the beginning of chapter 3 of Title 48, Ter- ritories and Insular Possessions. § 1406. Persons living in and born in the Virgin Islands (a) The following persons and their children born subsequent to January 17, 1917, and prior to February 25,1927, are declared to be citizens of the United States as of February 25, 1927: (1) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and were residing in those islands or in the United States or Puerto Rico on Feb- ruary 25, 1927, and who did not make the dec- laration required to preserve their Danish citi- zenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declara- tion have heretofore renounced or may hereafter renounce it by a declaration before a court of record; (2) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and were residing in those is- lands or in the United States or Puerto Rico on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign coun- try; (3) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and were residing in those islands on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; and (4) All natives of the Virgin Islands of the United States who, on June 28, 1932, were resid- ing in continental United States, the Virgin Is- lands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or territory of the United States, and who, on June 28, 1932, were not citizens or subjects of any for- eign country, regardless of their place of resi- dence on January 17, 1917. (b) All persons born in the Virgin Islands of the United States on or after January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction of the United States are declared to be citizens of the United States as of February 25, 1927; and all persons born in those islands on or after February 25, 1927, and subject to the ju- risdiction of the United States, are declared to be citizens of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, § 306, 66 Stat. 237.) § 1407. Persons living in and born in Guam (a) The following persons, and their children born after April 11, 1899, are declared to be citi- zens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the is- land of Guam or other territory over which the United States exercises rights of sovereignty: (1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily ab- sent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and (2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to re- side in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality. (b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire for- eign nationality. (c) Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this chapter. (June 27, 1952, ch. 477, title III, ch. 1, § 307, 66 Stat. 237.)