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March 2002
Greetings from the Kansas Supreme Court and the Kansas Bar Association. The theme of this edition of Law Wise is Becoming a Citizen. If there are any law-related topics that you would like to see included in a future edition of Law Wise, please feel free to contact Gayle B. Larkin, Editor.
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Naturalization is the process by which United States citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
Age: Generally Applicants must be at least 18 years old.
Residency: An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an Alien Registration Receipt Card, as proof of their status.
Residence and Physical Presence: An applicant is eligible to file if, immediately preceding the filing of the application, he or she: (1) has been lawfully admitted for permanent residence; (2) has resided continuously as a lawful permanent resident in the United States for at least 5 years prior to filing with no single absence from the United States of more than one year; (3) has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period; and (4) has resided within a state or district for at least three month.
Good Moral Character: Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a United States citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony. Finally, a person also cannot be found to be a person of good moral character if during the last five years he or she has committed certain types of criminal offenses. An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.
Attachment to the Constitution: An applicant must show that he or she is attached to the principles of the Constitution of the United States.
Language: Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing: (1) have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 15 years or more and are over 55 years of age; (2) have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 20 years or more and are over 50 years of age; or (3) have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn English.
United States Government and History Knowledge: An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn United States History and Government. Applicants who have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.
Oath of Allegiance: To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to: support the Constitution and obey the laws of the United States; renounce any foreign allegiance and/or foreign title; and bear arms for the Armed Forces of the United States; or perform services for the government of the United States when required. In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, INS will permit these applicants to take a modified oath.
Information for this article was adapted from the Immigration and Naturalization Services' website, at http://www.ins.usdoj.gov/
Naturalization Oath of Allegiance to the United States of America
"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."
Entry Deadline for 2002 LRE Teacher of the Year is April 15
Recognizing the vital role that teachers play in law-related education, the Auxiliary continues to sponsor its Law-Related Education Teacher of the Year Award. The purpose of this award is to honor teachers who have made outstanding contributions to law-related education and whose programs have: furthered the understanding of the role of the courts, law enforcement agencies and legal profession in society; helped students to recognize their duties as well as their rights; encouraged effective law-related education programs in their schools and communities; and increased communication between students, educators, and those involved professionally in the legal system.
Award: Each winner will receive a $1,000 cash award to be presented at the annual meeting of the American Lawyers Auxiliary, Saturday, August 10, 2002, in Washington, D.C.
Nominations: Nominations for the 2002 LRE teacher may be made by any school administrator, coordinator or director, or by any person identified with the program in which the teacher is involved. Nominations must be submitted by April 15, 2002.
To nominate a teacher: submit resume of nominee (maximum of one page), summarize law-related education activities (maximum of three pages), include three letters of recommendation (one must be from the local school system), and include relevant supportive evidence such as newspaper articles or other publicity the teacher/program may have received (if available).
The complete entry should not exceed ten pages. No ALA Board member may submit entries or write letters of recommendation. Entries and supporting documents will not be returned. Entries will be judged on the following criteria: excellence in the instruction of LRE, initiative in using original resources and materials, recognition by colleagues as a leader in LRE, and demonstration of leadership beyond the classroom. Nominations should be submitted to one of the individuals listed below:
For more information about the LRE Teacher of the Year award contact Katie M. Robinson, Teacher of the Year Chairperson, 4580 Mt. Vernon Dr., Los Angeles, CA 90043-2013, (323) 296-0627.
For over forty years, the American Lawyers Auxiliary has been active in its support of public education, citizenship awareness, and various public service programs. The American Lawyers Auxiliary is a charitable and educational nonprofit organization whose mission is to promote public understanding and appreciation of the law and the American legal system. For more information regarding awards for the 2001-2002 school year, contact Jane Moisant, American Lawyers Auxiliary, 541 N. Fairbanks Court, Chicago, IL 60611-3314, (312) 988-6387 or visit the web site at www.abanet.org/publiced/ala.
The Kansas Bar Association, with funding from the Kansas Bar Foundation, is making available grant funds to be used by schools in developing peer mediation and youth court programs. The $500 grants can be used to produce seminars, hire consultants, and/or pay for supplies or other expenses associated with starting or continuing a program. Peer mediation programs are defined as programs which are developed to reduce in-school conflicts between students by using students to mediate the disputes. Youth courts are programs that use students in youth court settings to hear minor violations and to decide on appropriate disciplines.
Applications for grant funds should be in letter format and should include the following information: the statement of need, the goals of the project, the methods of accomplishing the goals, and a short budget as to how the funds will be used.
The deadline to submit grant applications is April 5, 2002. If you receive a grant, your school/organization will be required to forward any evaluation information resulting from the conflict resolution program to the KBA. This detailed information will help continue the funding of conflict resolution programs. If you would like more information or wish to submit an application, contact Btissam Hmamouch at the Kansas Bar Association, (785) 234-5696, P.O. Box 1037, Topeka, KS 66601-1037.
The ABA has a free newsletter that contains information on law related education. Law Matters, which reports on developments, ideas, programs, and resources in the field of public education about the law, is published three times each year (winter, summer, fall). For information on ordering, contact the ABA at (312) 988-5735 or abapubed@abanet.org.
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While the Law-Related Education Inventory does not appear to have materials regarding naturalization, the following items addressing citizenship might be useful:
The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog call Linette Lopez at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8:00 a.m. to 7:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at Darbymar@esumail.emporia.edu/
An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. The following are the Naturalization Test Questions. Can you pass this test?
Grade Levels: K-4 Overview: Class discussion of why citizenship is important and how the life of a citizen differs from the life of a non-citizen. Purpose: To understand why citizenship is an important concept. Objectives: Students will explain how American citizenship is defined. Students will explain how a person can gain or lose American citizenship. Students will be able to describe the categories of non-citizen residents.
Resources/Materials: "Government In Action," 1994, Houghton Mifflin Co. pp.21-25. Activities and Procedures: The class will discuss why citizenship is important. Ask the students to explain whether the government can legally take away a person's citizenship. Remind students that Immigration and Naturalization Act, which listed a number of offenses punishable by loss of citizenship was passed in 1952.
After class discussion on the concept of citizenship, a recent immigrant will speak to the class about obtaining citizenship. Such a person will tell them that being a citizen of the United States means becoming part of this nation, something many people value so greatly they will risk their lives for it. Tying It All Together: The class will be divided into small groups. Each group will be given a sheet of paper containing a list of individuals. The group will decide which of those persons would be United States citizens. (Possibilities include: Person born in Mexico to American parents; Native of Hawaii in 1889; Foreign students studying in an American University.) Check the group's answers for accuracy. This AskERIC Lesson Plan was written by Edna Smith, and was located at http://askeric.org/cgi-bin/printlessons.cgi/Virtual/Lessons/Social_Studies/Civics/CIV0004.html
Lesson Plan #1:
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Citizenship is a Special Status
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Terrific Technology for Teachers
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Court of Appeals Welcomes You The Kansas Court of Appeals, a ten-member, intermediate appellate court sits in three-judge panels. The Court of Appeals normally sits in panels throughout the state; however, due to the current budget shortfall confronting the judicial branch, all Court of Appeals hearings are being conducted in the Judicial Center, 301 West 10th Avenue, Topeka. This will remain in effect at least through the fiscal year ending June 30, 2002. The court is pleased to have students attend the hearings. The Court of Appeals will be hearing cases March 18 - 21, 2002 and April 22-24, 2002.
The Kansas Supreme Court is the highest court in the state, and includes seven members. Students also are welcome at oral arguments before the Supreme Court. The high court holds its hearings only in Topeka. The Supreme Court will be hearing oral arguments during the weeks beginning April 15, 2002 and May 28, 2002.
If you have any questions concerning the Kansas appellate courts, or if you would like to bring your class to either the Kansas Supreme Court or the Kansas Court of Appeals, please contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, 301 West 10th Avenue, Topeka, Kansas 66612-1507, (785) 296-4872. You can also contact Mr. Keefover at via e-mail at keefover@kscourts.org.
Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers Trust Accounts funding, provides support for this publication. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Gayle B. Larkin, Lawrence, (785) 865-3970. For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Btissam Hmamouch, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696. Law Wise is printed at the Kansas Bar Association, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.
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