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THE FOREIGN-BORN WOMAN, HER HOME AND HER CHILDREN, IN AMERICAN POLITICS
The foreign-born woman plays directly in American politics a part somewhat, but not much, more important than that played by snakes in the zoölogy of Ireland. There are several reasons for this besides the fact that hitherto she has shared the legal disabilities common to her sex in the American political scheme—which fact, by itself, has now been largely mitigated by the final ratification of the Nineteenth (Woman Suffrage) Amendment to the Constitution of the United States; though even that applies only to the ballot, and has not removed either the legal or the general traditional limitations and inequities under which women, in most parts of the country, still abide. So far as the ballot is concerned, the American woman, native or naturalized, is now acknowledged to be an individual person.
But the foreign-born woman, if married, is subject to a substantial limitation. She has citizenship only if her husband has it; she derives it, not by virtue of any act or wish or character of her own, but by strict inference from that of her husband. However much she may desire to become an American citizen, she cannot do so unless her husband chooses to become one; however desirable in her own right or fitness, the unfitness of her husband, or his rejection for any other reason, ipso facto excludes her. And, per contra, however much she might desire to remain a subject or citizen of the country of her birth or former residence, the naturalization of her husband, with or without her consent, even with or without her knowledge, ipso facto inflicts American citizenship upon her. True, this is technically subject to the provision of the law requiring that she must herself be eligible for citizenship; but, as has been stated elsewhere in this volume,[149] there is disagreement among the authorities as to whether this proviso was intended by Congress to apply only to women of those Oriental races, which are ineligible per se, or is applicable generally to the individual woman; also, there has been some attempt to hold that the wife is not naturalized by the naturalization of her husband if she continues to reside in the old country. Some judges will not naturalize a man if his wife remains abroad. Generally speaking, however, the construction is that the wife, whoever and wherever she may be, comes into American citizenship willy-nilly with the acceptance of her husband.
More than that, a woman born and residing in another country becomes an American citizen by her marriage with one; the clergyman, or other official, who pronounces them man and wife attests also an automatic and instantaneous change of jurisdiction and allegiance. It works equally the other way about—an American woman, marrying an alien in this country, in the house in which she was born and has lived for twenty years, forthwith, and regardless of any wish of hers in the matter, becomes instanter in the eyes of American law—and generally of international law as well—a citizen or subject of the sovereignty to which her alien husband owes allegiance. It is conceivable, as is elsewhere remarked, that her act in marrying an alien might deprive her of any citizenship at all, since no country can actually confer upon any person citizenship in another. This, however, is academic, since practically everywhere it is fundamental in the law that a married woman’s citizenship goes with that of her husband.
REGARDLESS OF QUALIFICATIONS
By this means she may become a citizen, regardless of her age or minority or moral character, without having resided in this country five years, or any other length of time; without any inquiry as to physical or mental qualification; without taking any oath of allegiance; without necessarily being, or even claiming to be, “well disposed to the peace and good order of the United States” or “attached to the principles of the Constitution.” Coming to this country as an American citizen, she cannot be rejected or deported because of any views she may entertain on any subject, or any conduct on her part, however immoral or otherwise prejudicial it may be deemed. She is a citizen of the United States, entitled to all the rights, privileges, and immunities attached to that exalted state. There has been more than one case in which a woman, about to be deported as immoral, has been able to avoid deportation by marrying a citizen.
UNMARRIED WOMEN HAVE MALE RIGHTS
The unmarried foreign-born woman or widow stands, as far as citizenship is concerned, upon her own feet, and becomes a citizen under the same conditions, and upon the same terms, as if she were a man. She must be of one of the races admissible under the law, must have resided in the United States or within its jurisdiction continuously for the five years next preceding her application, and at least two and not more than seven years before that application must have filed her declaration of intention; she must (unless a dumb person) be able to speak (and, if the court sees fit to require it, also to read and even to write) the English language; she must present her two citizen witnesses, and must satisfy the court that she is not an anarchist or a believer in polygamy, and that she is in all respects fit to become a citizen of the United States, attached to the principles of the Constitution thereof, “and well disposed to the good order and happiness of the same.” She must abjure any former allegiance and renounce any title of nobility which she may have borne.
If she be a widow with children, she must list them in her application, and such of them as are minors will gain their new citizenship with hers. But in order to gain citizenship with her they must be under twenty-one years of age when she is naturalized, and must become residents of this country before they are twenty-one. The child is not a citizen until he becomes a resident.