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Keywords

plaintiffstatutecitizenshiplegislative intent
plaintiffstatutecitizenshiplegislative intent

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Friend v. Holder

Facts

Plaintiff son's father was a United States citizen at the time of the son's birth, and had lived his entire life in the Philippines. The son's mother was a non-citizen national of the United States. He initially unsuccessfully applied for citizenship under Rev. Stat. 1993 (1931, superseded 1940), but later re-applied claiming that because he was born out of wedlock, Nationality Act of 1940, Pub. L. No. 76-853, 201(e), 54 Stat. 1137, 1138 (repealed 1952) controlled. However, the circuit court did not think the 1940 Act should have been applied retroactively because 201(e)the provision that liberalized the residency requirement in a manner favorable to the sondid not itself say anything about applying retroactively to individuals born before the 1940 Act's effective date.

Plaintiff son's father was a United States citizen at the time of the son's birth, and had lived his entire life in the Philippines. The son's mother was a non-citizen national of the United States. He initially unsuccessfully applied for citizenship under Rev. Stat. 1993 (1931, superseded 1940), but later re-applied claiming that because he was born out of wedlock, Nationality Act of 1940, Pub. L. No. 76-853, 201(e), 54 Stat. 1137, 1138 (repealed 1952) controlled. However, the circuit court did not think the 1940 Act should have been applied retroactively because 201(e)the provision that liberalized the residency requirement in a manner favorable to the sondid not itself say anything about applying retroactively to individuals born before the 1940 Act's effective date.

Issue

Whether the Nationality Act of 1940 applies retroactively to individuals born before its effective date, and whether the plaintiff can establish his citizenship under that Act.

Whether the Nationality Act of 1940 applies retroactively to individuals born before its effective date, and whether the plaintiff can establish his citizenship under that Act.

Rule

A statute cannot be construed to operate retrospectively unless the legislative intention to that effect unequivocally appears.

A statute cannot be construed to operate retrospectively unless the legislative intention to that effect unequivocally appears.

Analysis

The court found that the provisions of the 1940 Act on which Mr. Friend relied did not reflect a legislative intention for retroactive application. Specifically, 201(e) did not mention retroactivity, and while 205 did, it required that paternity be established during minority, which Mr. Friend could not satisfy. Therefore, even if the first paragraph of 205 were construed as retroactive, Mr. Friend's claim would still fail due to the legitimation requirement.

The court found that the provisions of the 1940 Act on which Mr. Friend relied did not reflect a legislative intention for retroactive application. Specifically, 201(e) did not mention retroactivity, and while 205 did, it required that paternity be established during minority, which Mr. Friend could not satisfy. Therefore, even if the first paragraph of 205 were construed as retroactive, Mr. Friend's claim would still fail due to the legitimation requirement.

Conclusion

The judgment was affirmed, as the court held that the Nationality Act of 1940 did not apply retroactively to Mr. Friend's case.

The judgment was affirmed, as the court held that the Nationality Act of 1940 did not apply retroactively to Mr. Friend's case.

Who won?

The government prevailed in the case because the court upheld the district court's ruling that the Nationality Act of 1940 did not apply retroactively and that Mr. Friend could not meet the requirements for citizenship.

The government prevailed in the case because the court upheld the district court's ruling that the Nationality Act of 1940 did not apply retroactively and that Mr. Friend could not meet the requirements for citizenship.

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