A Note from the Editors:

The History Of The Oath

We are very pleased to bring to our readers what may well be currently the most definitive history of the naturalization oath - the Oath of Renunciation and Allegiance. In "Lemon Pledge", Paul Donnelly, who served on the staff of the Jordan Commission, says "When the U.S. Commission on Immigration Reform took up the Oath in 1997, it fell to me to research the history and form of the Oath itself. I was surprised that so far as I could tell, no one had ever written a history of the Oath. So I did to help the Commissioners determine if they wanted to recommend changing it." Mr. Donnelly's lengthy and fascinating article is jam-packed with gems like these:

• It's an odd story, involving the rare collision of musty vocabulary, dusty grammar and high principle. The language of the Oath of Renunciation and Allegiance is an obscure exercise which reveals much not only about U.S. history but also quite literally what it means to become an American.
• The original 1790 law limited citizenship to "free, white persons", and simply required support for the Constitution (not including the as yet unratified Bill of Rights) and "an express renunciation of his or her title or order of nobility." In 1795, responding to concerns about immigration from new sources (sound familiar?), Congress enacted a requirement to specifically renounce allegiance to the particular sovereign or state to which the immigrant had formerly owed loyalty. (This requirement to be specific remained law until 1940 ...)
• Likewise, as new immigrants came to the United States from countries other than Britain, the requirement to renounce prior "allegiance and fidelity" was also a test of the ability of newcomers to enhance and not undermine self-government, which did not exist at all in the German states and had gone violently awry in France, two sending nations whose immigrants were cited in making the 1795 changes. The primary purpose of the renunciation requirement was to instruct newcomers -- serfs, subjects and aristocrats alike -- that the U.S. Constitution allows no such distinctions.
• While the 1790 law did not hold courts to many civic specifics for new citizens, it did require a racial one. In 1854, Norman Asing, a California businessman who was born in China, courageously demanded naturalization because of his faith in the history, form and principles of the U.S. government, the Constitution and the Declaration of Independence. Nix, said the Federal court: the 1790 law limited naturalization to "free, white persons". Much like modern policy tolerates illegal aliens and promotes 'temporary' workers over the Ellis Island model with its direct connection between immigration and citizenship, the 19th century model allowed individuals like Asing to immigrate, but barred them from citizenship - entirely, even for those born here, until the 14th amendment and the 1883 Wong Kim Ark decision.
• So over more than a dozen decades, the Oath was hammered out in a mutually reinforcing process between courts, the Congress, appointed Commissions - and experience, in what worked to provide meaning for the new citizens.
• The traditional Oath then does two more paired phrases: "subject or citizen", which reminds us that the United States invented citizenship in a world full of subjects. The critical distinction is that a subject's rights come down from the sovereign; while the American purpose of government is to protect the rights of all with the powers granted it by citizens, the idea on which the United States was founded. (This is why dual and even multiple citizenship is lawful in the United States - it is "We, the People", not the government, that is sovereign.) ... So the real question within the question of revising the language of the Oath is dual citizenship. ... But dual citizenship conflicts directly with the words of the traditional Oath, and thus also with equal protection under the Constitution.

We welcome readers to share their opinion and ideas with us by writing to weeklyeditor@ilw.com.

Articles

Lemon Pledge
Paul Donnelly offers the most definitive history of the Oath of Naturalization made available so far.

White House Wants To Increase Legal Immigration From Cuba
The White House announced initiatives dealing with Cuban immigration stating that these would, inter alia, "increase the number of new migrants admitted from Cuba through a safe, legal, and orderly process."

BIA Affirms Deportation Of Alleged Nazi Persecutor
The Department of Justice announced that the Board of Immigration Appeals has affirmed an order directing the deportation of a Gulfport, Florida, man to Lithuania for participating in the persecution of Jews in Nazi-occupied Vilnius, Lithuania during World War II.

F-1 Visa Holders: SEVIS, Regulations, And Union Affiliations
Sardar Durrani writes on the overlap between labor law and immigration law as it affects F-1 visa holders, including a detailed discussion of 8 CFR 214.2(f)(14).

BCIS Bulletin On I-9 Document Review
The Office of Business Liaison of the BCIS issued an Employer Information Bulletin on I-9 Document Review.

BCIS Bulletin On P Visas
The Office of Business Liaison of the BCIS issued an Employer Information Bulletin on P Visas.

National Security Advisor Answers Queries On Mexican Immigration Discussions
National Security Advisor Rice answered questions concerning discussions between the Administration and Mexico on immigration.

13 Marketing Misconceptions That Cost Lawyers A Fortune
Trey Ryder provides thought-provoking suggestions which can help law firms of all sizes improve marketing.

Religious Workers Program Extended To 2008
The Congressional Recorded reported that H.R. 2152, to amend the INA to extend for an additional 5 years the special immigrant religious worker program was signed into law on October 15, 2003 as Public Law 108-99.

How Do I Renew My Permanent Resident Card (Green Card)?
Read a detailed response from the BCIS on how to renew your Permanent Resident Card.

ILW Highlights

New Seminar

ILW.COM is pleased to announce our new seminar "Invest, Build And Digitize: Immigration Law Opportunities In The Venture-Capital, Manufacturing And Information-Technology Sectors Of The U.S. Economy". This seminar will feature distinguished practioners John Brendel, David Cook, Yoshiko Robertson, Steven Roby, Lincoln Stone, Susan Wehrer and other speakers to be announced. Angelo Paparelli will lead the discussion. The deadline to register is Tuesday, October 28th. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/october2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/october2003.pdf

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

None this week.

Immigrant Life

What Is Automobile Insurance?

Automobile insurance is a service provided by private companies, where the insurance provider agrees to compensate those who hold a policy for damage, loss or injury to yourself or others in exchange for a premium, or payment, that is paid on a regular basis — this arrangement is called an indemnity. The amount and type of coverage you get with an insurance policy depend on the type of coverage you get and many other factors. For a guide on what types of automobile insurance are available and how to minimize your premiums.

To learn more, see here.

Have a story that you'd like to share with us? Send your story as an immigrant to weeklyeditor@ilw.com.

This week's chat schedule

ILW.COM announces that as of May 2nd, all chats will be held at 7:00 pm Eastern Time.

When	Attorney
Monday, Oct 20 7:00 pm Eastern Time	Kevin Dixler, Esq.
Wednesday, Oct 22 7:00 pm Eastern Time	Victoria Kinzy, Esq.
Friday, Oct 24 7:00 pm Eastern Time	To be announced

Classifieds

For information on advertising in the classifieds please click here.