Kara Sears
Naturalization laws refer to the set of rules and regulations that govern how an alien can become a citizen of a new country. In the United States, naturalization laws have undergone significant changes since the Naturalization Act of 1790, which restricted citizenship to free white persons. The Fourteenth Amendment in 1868 granted citizenship to people born in the United States, regardless of race, but excluded untaxed Indians (Native Americans on reservations). The Naturalization Act of 1870 extended eligibility to aliens of African nativity and to persons of African descent, while the Chinese Exclusion Act of 1882 specifically prohibited Chinese laborers from eligibility. Today, naturalization laws in the United States require applicants to have resided in the country for at least five years, demonstrate good moral character, and show acceptance for the US government and Constitution.
| Characteristics | Values |
|---|---|
| Year of Enactment | 1790 |
| Applicability | "Free white person(s)...of good character" |
| Residency Requirement | 2 years in the U.S. and 1 year in the state of residence |
| Children's Citizenship | Children under 21 were granted citizenship |
| Citizenship for Children Born Abroad | Both parents must be U.S. citizens |
| Racial Restrictions | Eliminated in 1952 |
| Gender Bias | Women's citizenship tied to marital status |
| Expatriation | Dual nationals could be stripped of U.S. citizenship for voting in another country |
| Current Requirements | Lawful residence, good moral character, acceptance of U.S. government, and favorable disposition |
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What You'll Learn
Naturalization Act of 1790
The Naturalization Act of 1790 was a United States Congress law that set the first uniform rules for granting US citizenship by naturalization. The act was passed on March 26, 1790, and was titled "An act to establish an uniform Rule of Naturalization". This act was significant as it was the first law to define eligibility for citizenship by naturalization and established the standards and procedures by which immigrants could become US citizens.
The act limited naturalization to "free white persons... of good character" who had resided within the United States for at least two years. This restriction effectively limited citizenship to people from Western Europe, as free black people had been allowed citizenship at the state level in many states. The courts also associated whiteness with Christianity, excluding Muslim immigrants from citizenship. In addition, only male property owners could naturalize and acquire citizenship, as married women were considered to have their rights controlled by their husbands.
To apply for citizenship, an alien would file a Petition for Naturalization with any common law court of record having jurisdiction over their residence. The court would evaluate the applicant's character and administer an oath of allegiance to support the Constitution of the United States. The applicant's children under the age of 21 would also be naturalized, and the court clerk would record these proceedings.
The act also provided that children born abroad to US citizens "shall be considered as natural-born citizens", but specified that this right did not extend to those whose fathers had never resided in the United States. This act was the only US statute to use the term "natural-born citizen", which was later removed in the Naturalization Act of 1795.
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Naturalization Act of 1795
The Naturalization Act of 1795 was a law passed by the United States Congress that amended the existing naturalization law established in 1790. The 1795 Act made two key changes to the previous law:
Firstly, it increased the period of required residence in the United States for an alien to become a naturalized citizen from two to five years. This meant that any \"free white person\" seeking citizenship now had to reside within the country for a longer period before being eligible. This extension of the residency requirement was later superseded by the Naturalization Act of 1798, which further extended the residency requirement to 14 years. However, the 1795 Act's residency requirement was restored in 1802 with the passage of the Naturalization Law, which reverted the residency requirement back to five years.
Secondly, the 1795 Act introduced the Declaration of Intention requirement, also known as the "first papers". This mandated that aliens intending to naturalize had to go to their local court and declare their intention to become a citizen at least three years before their formal application. This declaration included an oath of allegiance to the United States and renunciation of the applicant's former sovereign. The introduction of this two-step naturalization process added a layer of intention and commitment to the process of becoming a naturalized citizen.
Additionally, the Naturalization Act of 1795 continued the limitation from the 1790 Act that restricted naturalization to "free white persons". This limitation persisted until 1870 when Congress extended naturalization eligibility to "aliens of African nativity and to persons of African descent".
The Act also addressed the citizenship status of children born outside the United States to US citizen parents. It provided that such children "shall be considered as citizens of the United States", removing the previous characterization of "natural-born citizens".
Overall, the Naturalization Act of 1795 refined and built upon the existing naturalization framework established in 1790, setting the stage for further developments and changes in future legislation.
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Naturalization Act of 1798
The Naturalization Act of 1798 was passed by the United States Congress on June 18, 1798, as an amendment to the previous Naturalization Act of 1795. This act was one of the four Alien and Sedition Acts passed in 1798, the others being the Alien Friends Act, the Alien Enemies Act, and the Sedition Act. These laws were passed in anticipation of a potential war with France, with the aim of tightening restrictions on foreign-born Americans and limiting criticism of the government.
The Naturalization Act of 1798 increased the period necessary for aliens to become naturalized citizens in the United States from 5 to 14 years and the Declaration of Intention from 3 to 5 years. This act, like the previous Naturalization Acts of 1790 and 1795, restricted citizenship to "free white persons". While the act was officially passed under the pretext of protecting national security, most historians believe that it was intended to reduce the number of citizens who disagreed with the Federalist Party, as most immigrants at the time supported Thomas Jefferson and the Democratic-Republicans.
The Alien and Sedition Acts of 1798 were controversial and faced widespread criticism. They were seen as harsh laws that limited freedom of speech and freedom of the press, and they represented some of the first federal deportation laws. The Sedition Act, in particular, led to the prosecution and conviction of several newspaper owners. However, it is important to note that the deportation laws were generally not actively enforced at the time.
Despite the intentions behind the Naturalization Act of 1798, its impact was limited. Many immigrants rushed to become naturalized before the Act went into effect, and states had the power to create their own more lenient naturalization laws. Additionally, in 1802, Congress repealed the law, reverting to the previous five-year residence requirement and three-year declaration of intent period.
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Naturalization Law of 1802
The Naturalization Law of 1802, passed by the United States Congress, amended the residency and notice periods outlined in the previous Naturalization Act of 1798. The key details of the Naturalization Law of 1802 are as follows:
Residency and Notice Periods
The law reduced the residency requirement for aliens seeking to become naturalized citizens of the United States from 14 years to 5 years. This reverted to the requirement set by the Naturalization Act of 1795. Additionally, the minimum notice time for the Declaration of Intention was reduced from 5 years to 3 years, matching the provision in the 1795 Act.
Eligibility Requirements
The law continued to restrict naturalization eligibility to "free white persons" with good moral character. This criterion had been a consistent element in early immigration and naturalization laws, including those from 1790, 1795, 1798, and 1802.
Citizenship Extension
The Naturalization Law of 1802 extended citizenship to children of naturalized citizens who were under 21 at the time of their parents' naturalization and were residing in the United States. It also applied to children of U.S. citizens born outside the country, provided their fathers had resided in the United States at some point.
Renunciation of Foreign Allegiance
Building upon the 1795 law, which required immigrants to support the Constitution of the United States, the 1802 law emphasized the need for aliens seeking citizenship to renounce all allegiance and fidelity to foreign entities. This was often done through an oath or affirmation before a supreme, superior, district, or circuit court.
Prohibition for Citizens of Hostile Countries
The law maintained the prohibition on the naturalization of immigrants who were citizens of countries with which the United States was at war. This provision was also present in the 1798 law and reflected the concern for national security and integrity.
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Naturalization Law of 1804
The first uniform rules for granting United States citizenship by naturalization were set by the Naturalization Act of 1790. This law limited citizenship to "free white persons...of good character" and excluded Native Americans, indentured servants, Black slaves, free Blacks, and Asians. The Act was modeled on the Plantation Act of 1740 and followed the theme of the Articles of Confederation. It required a two-year residency in the United States and one year in the state of residence before an alien could apply for citizenship.
In 1795, Congress amended the naturalization law by requiring a declaration of intent to become a citizen at least three years before naturalization and extending the minimum residence requirement to five years. The Naturalization Act of 1795 also removed the term "natural-born citizen" from the US statute.
The Alien and Sedition Acts of 1798 further lengthened the period in which one had to declare an intent to become a citizen. The Naturalization Act of 1802 continued to limit eligibility for naturalization to "free white persons" of good moral character. It also extended citizenship to the children of naturalized citizens under twenty-one and residing in the US, as well as the children of US citizens born outside the country (unless their fathers had never resided in the US).
The Naturalization Law of 1804 confirmed that a woman's nationality was dependent on her marital status. It stated that if a man died before completing the naturalization process, his wife and children could become citizens by taking an oath of allegiance. This marked the first time women were mentioned specifically in federal naturalization laws. From 1855, a woman could become a citizen by marrying a US citizen. For most women and minor children, citizenship was derivative, based on the status of their husbands or fathers.
In 1870, Congress extended naturalization eligibility to "aliens of African nativity and to persons of African descent". However, in 1882, the Chinese Exclusion Act specifically barred Chinese immigrants from citizenship. In 1922, the Supreme Court case Ozawa v. United States excluded Japanese immigrants from citizenship, defining "white" as "Caucasian". That same year, women were required to undergo the naturalization process themselves to become US citizens and could no longer rely solely on marriage.
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Frequently asked questions
Naturalization is the process by which an alien becomes a citizen of a new country. In the United States, this process was first defined by the Naturalization Act of 1790.
Under the Naturalization Act of 1790, only "free white persons" of good character were eligible for naturalization. Applicants were required to reside in the United States for two years and in the state of residence for one year before applying for citizenship.
The requirements for naturalization have evolved over time. The Naturalization Act of 1795 extended the residence requirement to five years, and subsequent acts further modified the residency and notice periods. In 1870, the Naturalization Act was expanded to include persons of "African nativity and descent." The racial restrictions were not completely eliminated until 1952.
The current requirements for naturalization in the United States include:
- Lawful residence in the country for at least five years with physical presence for at least half of that time
- Demonstration of good moral character and basic acceptance of the US form of government
- A favorable disposition toward the United States
