《关于归化美国国籍时一段誓词的历史》

美国移民局归化美国国籍时的一段誓词，是某些中国人中反对恢复双重国籍的一个理由。

本文后面附上一篇美国公民和移民局（U.S. Citizenship and Immigration Services (USCIS) ）即过去的移民局（INS）网站对“誓词”历史的描述。

“誓词”历史的描述清楚地表明：“誓词”最后一次修改是1952。而1952年，正是“冷战”高峰期。连钱学深这样的学者和科学家也被列入被监视,审讯和打击名单。

美国法律明确默认双重国籍是1967年！当时，美国最高法院命令美国国务院去除所有有关文件中关于不承认双重国籍的文字（大意，笔者正在寻找一手资料）。

时间本身说明一个重要的问题：即，如果1952年的美国政府法规如果违反1967年美国法律，1952年的美国政府法规在法律上是无效的。注意：是美国政府法规或誓词中违法美国法律的那部分无效。

但是作为一个“入籍仪式”，美国政府应该有一点“言论自由”。为“入籍仪式”增加一点严肃气氛，有情可原。重要的是，要求每个归化美国公民尊重美国宪法和法律 --- 这是无可非议的。即使不是美国公民，任何在美国的外国人，都应该遵守美国法律。这是国际共识。在中国的美国公民，也必须遵守中国法律。

但是，可恶的是这些反对恢复中国出国人民出生国籍的中国人是中国人中的败类。中国的事情往往是出在自己人身上。

这些败类，不是正确地理解美国宪法和美国历史，尤其是美国1967年以来不剥夺出生国籍从而默认或承认双重国籍的法律和现实，而是抓住美国政府特别是在冷战时期的特定历史条件下的“誓言”，来曲解美国法律。

这些败类，以他们对美国法律的曲解来恐吓为了生活或旅行方便而归化美国籍的中国大陆公民。他们的恐吓是：如果你想保留中国出生国籍，他们要报告美国政府来开除你的美国国籍。

这些败类，公开或隐蔽地鼓动归化美国国籍的中国大陆人民，背弃自己的祖国，背弃自己的祖宗。

菲律宾为了解决这个所谓“效忠”问题，在恢复双重国籍时，要求已经归化美国国籍但是愿意保留菲律宾国籍的菲律宾人民念一段效忠菲律宾国家的誓词。

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=facd6db8d7e37210VgnVCM100000082ca60aRCRD&vgnextchannel=dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Naturalization Oath of Allegiance to the United States of America

Oath

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."

Note: In certain circumstances there can be a modification or waiver of the Oath of Allegiance. See the link to the right to Chapter 5 of A Guide to Naturalization for more information.

The principles embodied in the Oath are codified in Section 337(a) in the Immigration and Nationality Act (INA), which provides that all applicants shall take an Oath that incorporates the substance of the following:

1.     Support the Constitution;

2.     Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;

3.     Support and defend the Constitution and laws of the United States against all enemies, foreign and domestic;

4.     Bear true faith and allegiance to the same; and

5.     A. Bear arms on behalf of the United States when required by the law; or
B. Perform noncombatant service in the Armed Forces of the United States when required by the law; or
C. Perform work of national importance under civilian direction when required by the law.

The language of the current Oath is found in the Code of Federal Regulations Section 337.1 and is closely based upon the statutory elements in Section 337(a) of the INA.

History

Throughout our nation's history, foreign-born men and women have come to the United States, taken the Oath of Allegiance to become naturalized citizens, and contributed greatly to their new communities and country. The Oath of Allegiance has led to American citizenship for more than 220 years.

Since the first naturalization law in 1790, applicants for naturalization have taken an oath to support the Constitution of the United States. Five years later the Naturalization Act of 1795 required an applicant to declare an intention (commitment) to become a U.S. citizen before filing a Petition for Naturalization. In the declaration of intention the applicant would indicate his understanding that upon naturalization he would take an oath of allegiance to the United States and renounce (give up) any allegiance to a foreign prince, potentate, state, or sovereignty. Applicants born with a hereditary title also had to renounce their title or order of nobility.

Prior to 1906, naturalization courts had little or no guidance on how to apply or administer the law. The law did not include an exact text for the oath. It stated only that an applicant:

"...shall...declare, on oath...that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court."

Before 1906, there were as many as 5,000 courts with naturalization jurisdiction. Each court could develop its own procedures for administering the oath. Some courts simply documented that applicants swore an oath. Other courts chose to write and print their own text for the oath, which the applicant would read at the final hearing.

In 1905 a Presidential Commission on Naturalization studied naturalization in the United States. They found that U.S. naturalization courts lacked uniformity. They recommended classifying and summarizing naturalization laws into a code (re-codification), the creation of a federal agency to oversee naturalization procedures, and standard forms for all U.S. naturalizations, including a form for the oath of allegiance.

The Basic Naturalization Act of 1906 implemented many of the Commission's recommendations, but did not mandate a separate form for the oath of allegiance. Instead, the new Declaration of Intention form and Petition for Naturalization form included some of the substance of the oath. At the final hearing the applicant still recited a spoken oath adapted from the law. In 1906 the Basic Naturalization Act also added the section of the oath requiring new citizens to defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; and bear true faith and allegiance to the same.

An official standard text for the oath of allegiance did not appear in the regulations until 1929. The regulation said that before a naturalization certificate could be issued, the applicant should take the following oath in court:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly to __________ of who (which) I have heretofore been a subject (or citizen); that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgment whereof I have hereunto affixed my signature.

This regulation introduced a signed oath with standardized language. There was still no separate, federal form for the oath. It was most likely printed on the back of the application form.

The Immigration Act of September 23, 1950, added text to the oath of allegiance about bearing arms on behalf of the United States when required by the law; and performing noncombatant service in the armed forces of the United States when required by the law. Prior to 1946, the Supreme Court had ruled that the language in the oath about supporting and defending the Constitution and laws of the United States against all enemies implied a promise to bear arms. This was challenged in the court case of Girouard v. U.S. (328 U.S. 61). The Court ruled that the oath of allegiance did not imply a promise to bear arms. A refusal to bear arms was justified on the basis of religious training and beliefs. Under current law, an applicant opposed to bearing arms or performing noncombatant service because of his or her religious training and beliefs is exempt from taking the full oath of allegiance.

The section of the oath of allegiance about performing work of national importance under civilian direction was added by the Immigration and Nationality Act of 1952 and is the last major addition to the oath of allegiance as it appears today.

Last updated:09/04/2012