U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— NATIONALITY AND NATURALIZATION › Part Part I— Nationality at Birth and Collective Naturalization

8 U.S.C. § 1407

Persons living in and born in Guam

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(a) The following persons, and their children born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the island of Guam or other territory over which the United States exercises rights of sovereignty:(1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily absent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and(2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality.(b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire foreign nationality.(c) Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this chapter.(June 27, 1952, ch. 477, title III, ch. 1, § 307, 66 Stat. 237.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (c), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1960–2022 · leading case: Arnold Davis v. Guam, 932 F.3d 822 (9th Cir. 2019).
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Arnold Davis v. Guam, 932 F.3d 822 (9th Cir. 2019). · cites it 4× “8 U.S.C. § 1407 (1952), repealed by Pub. L.”
Jose Napoleon Marquez-Almanzar v. Immigr. & Naturalization Serv., 418 F.3d 210 (2d Cir. 2005). · cites it 2× “, 8 U.S.C. § 1407 (a)(1) (granting citizenship to certain residents of Guam as of a particular date).”
Territory of Guam v. Olsen, 431 U.S. 195 (1977). · cites it 2× “of Commerce, Statistical Abstract of the United States 855, 856 (1976); 8 U. S. C. § 1407 ; Guam Govt. Code § 2056 (1970).”
Agana Bay Dev. Co. (Hong Kong) Ltd. v. Supreme Court of Guam, Dillingham Corp. of the Pac., Real Party in Interest, 529 F.2d 952 (9th Cir. 1976). “Persons born in Guam are United States citizens, 8 U.S.C. § 1407 , and may have important federal claims in defending actions which do not “arise under” federal law.”
Morales v. Holder, 351 F. App'x 554 (2d Cir. 2009). “In sum, having failed to adduce sufficient evidence to demonstrate his father’s physical presence in the United States through at least March 19, 1919, Morales has no claim to citizenship under 8 U.S.C. § 1407 (a) and remains an alien.”
Attorney Gen. of Guam ex rel. All U.S. Citizens Residing in Guam v. United States, 738 F.2d 1017 (9th Cir. 1984). “See 8 U.S.C. § 1407 (1982). See generally H.R.”
Petition for Naturalization of Bautista, 183 F. Supp. 271 (D. Guam 1960). · cites it 2× “384 ) entitled “Persons living in and born in Guam”, 8 U.S.C.A. § 1407 (b): “All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950), subject to the jurisdiction of the United States, are declared to be citizens of the United…”
Davis v. Guam (D. Guam 2019). · cites it 3× “8 U.S.C. § 1407 (1952), repealed by Pub. L.”
Reeves v. Nago (D. Haw. 2022). “2d at 1018 (noting that Guamanians are American citizens (citing 8 U.S.C. § 1407 )); see also 42 U.S.C. § 619 (defining “State” as the 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa).”
Morales v. Holder, 351 F. App'x 554 (2d Cir. 2009). “In sum, having failed to adduce sufficient evidence to demonstrate his father’s physical presence in the United States through at least March 19, 1919, Morales has no claim to citizenship under 8 U.S.C. § 1407 (a) and remains an alien.”
— 8 U.S.C. § 1407(b) — 1 case
Petition for Naturalization of Bautista, 183 F. Supp. 271 (D. Guam 1960). “384 ) entitled “Persons living in and born in Guam”, 8 U.S.C.A. § 1407 (b): “All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950), subject to the jurisdiction of the United States, are declared to be citizens of the United…”
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