S. 1087

A bill to amend section 337 of the Immigration and Nationality Act to prescribe the oath or affirmation of renunciation and allegiance required to be naturalized as a citizen of the United States.

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II

109th CONGRESS

1st Session

S. 1087

IN THE SENATE OF THE UNITED STATES

May 19, 2005

Mr. Alexander (for himself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 337 of the Immigration and Nationality Act to prescribe the oath or affirmation of renunciation and allegiance required to be naturalized as a citizen of the United States.

1.

Oath or affirmation of renunciation and allegiance

(a)

Revision of oath

Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended—

(1)

in subsection (a), by striking under section 310(b) an oath and all that follows through personal moral code. and inserting under section 310(b), the oath (or affirmation) of allegiance prescribed in subsection (e).; and

(2)

by adding at the end the following new subsection:

(e)
(1)

Subject to paragraphs (2) and (3), the oath (or affirmation) of allegiance prescribed in this subsection is as follows: I take this oath solemnly, freely, and without any mental reservation. I entirely renounce all allegiance to any foreign state or power of which I have been a subject or citizen. My fidelity and allegiance from this day forward are to the United States of America. I will bear true faith and allegiance to the Constitution and laws of the United States, and will support and defend them against all enemies, foreign and domestic. I will bear arms, or perform noncombatant military or civilian service, on behalf of the United States when required by law. This I do solemnly swear, so help me God..

(2)

If a person, by reason of religious training and belief (or individual interpretation thereof) or for other reasons of good conscience, cannot take the oath prescribed in paragraph (1)—

(A)

with the term oath included, the term affirmation shall be substituted for the term oath; and

(B)

with the phrase so help me God included, the phrase so help me God shall be omitted.

(3)

If a person shows by clear and convincing evidence to the satisfaction of the Attorney General that such person, by reason of religious training and belief, cannot take the oath prescribed in paragraph (1)—

(A)

because such person is opposed to the bearing of arms in the Armed Forces of the United States, the words bear arms, or shall be omitted; and

(B)

because such person is opposed to any type of service in the Armed Forces of the United States, the words bear arms, or and noncombatant military or shall be omitted.

(4)

As used in this subsection, the term religious training and belief—

(A)

means a belief of an individual in relation to a Supreme Bring involving duties superior to those arising from any human relation; and

(B)

does not include essentially political, sociological, or philosophical views or a merely personal moral code.

(5)

Any reference in this title to oath or oath of allegiance under this section shall be deemed to refer to the oath (or affirmation) of allegiance prescribed under this subsection.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date that is 6 months after the date of enactment of this Act.