Cameron Miranda
The first naturalization law in the United States was the Naturalization Act of 1790, which established uniform rules for granting citizenship by naturalization. The Act provided that any free white person who had resided within the United States for at least two years could be granted citizenship if they showed good character and swore allegiance to the Constitution. This law was the only US statute to use the term natural-born citizen, and it was modeled on the British Parliament's Plantation Act of 1740. The Naturalization Act of 1790 was amended and replaced several times throughout the 19th and 20th centuries, with significant changes to citizenship eligibility and requirements occurring after the American Civil War and in the late 1800s to early 1900s.
| Characteristics | Values |
|---|---|
| Date Enacted | March 26, 1790 |
| Enacted By | United States Congress |
| Eligibility | Free white persons |
| Residency Requirement | 2 years in the United States and 1 year in the state of residence |
| Application Process | Filing a Petition for Naturalization with a common law court of record |
| Criteria | Proof of good character and an oath of allegiance to the Constitution |
| Children of Naturalized Citizens | Considered US citizens if under 21 at the time of their parents' naturalization |
| "Natural Born Citizen" | Term used in the Act, referring to prerequisites for serving as President or Vice President |
| Women's Citizenship | Affected by marital status, with loyalty to husband considered above obligation to the state |
| Amendments | Naturalization Law of 1802, Naturalization Law of 1804, Naturalization Act of 1870, etc. |
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What You'll Learn
The Act's eligibility criteria
The eligibility criteria for the Naturalization Act of 1790, the first naturalization law, were as follows:
Firstly, the act limited naturalization to "free white person(s)". This person could be male or female, but in practice, only white male property owners could naturalize and acquire citizenship. This was because, under the common law practice of coverture, a married woman's body and any rights to her person or property were controlled by her husband. A woman's loyalty to her husband was also considered above her obligation to the state. The act's use of the term ""natural-born citizen" was also significant. This term, found in the US Constitution, relates to the prerequisites for serving as president or vice president. However, the Naturalization Act of 1795 removed this term.
Secondly, the act required applicants to have resided within the limits and jurisdiction of the United States for a period of two years and within the state of residence for one year. This was extended to a five-year residency requirement in 1802.
Thirdly, applicants had to prove their "good character" to the court's satisfaction. This involved presenting affidavits of two witnesses with personal knowledge of the applicant, stating that the applicant had resided in the United States for at least five years and possessed good moral character.
Fourthly, applicants had to take an oath of allegiance to support the Constitution of the United States and renounce all foreign allegiances.
The Act also provided that children born abroad to parents who were both US citizens "shall be considered as natural-born citizens". However, this right of citizenship did "not descend to persons whose fathers have never been resident in the United States".
The eligibility criteria for naturalization were broadened over time. For example, the Naturalization Act of 1870 extended naturalization to "aliens of African nativity and to persons of African descent". However, it also revoked the citizenship of naturalized Chinese Americans. The Luce-Celler Act of 1946 ended discrimination against Filipino and Indian Americans, and the Chinese exclusion laws were repealed in 1943. The Immigration and Nationality Act of 1952 further revised the National Origins Formula, omitting racial distinctions from the US Code for the first time.
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The process of application
The Naturalization Act of 1790 was the first US law to define eligibility for citizenship by naturalization and establish standards and procedures for immigrants to become US citizens. The Act provided that any free white person who resided within the limits and under the jurisdiction of the United States for at least two years could be granted citizenship if they showed good character and swore allegiance to the Constitution.
Firstly, an individual desiring to become a citizen was required to apply to "any common law court of record" in the state where they had resided for at least one year. This application was known as a Petition for Naturalization.
Secondly, the applicant had to prove to the court's satisfaction that they were of good moral character. This could be demonstrated through affidavits from two witnesses with personal knowledge of the applicant, confirming their residence in the United States for at least five years and their good moral character.
Thirdly, the court would conduct an investigation and hearing, with officials from the Bureau of Naturalization conducting preliminary examinations and submitting their findings and recommendations.
Finally, if the judge found the applicant eligible, they would administer an oath of allegiance to the Constitution, and the applicant would renounce all foreign allegiances. The judge would then issue an order of admission to citizenship and grant a certificate of citizenship.
It is worth noting that this process was subject to changes and updates over time, with Congress amending the naturalization law in 1795 to require a declaration of intent to become a citizen at least three years in advance and extending the minimum residence requirement to five years. The Naturalization Law of 1802 further changed the residency requirement back to five years.
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The courts' role
The Naturalization Act of 1790 was the first law to define eligibility for citizenship by naturalization and establish standards and procedures by which immigrants became US citizens. The Act provided that any free white person who resided within the limits and under the jurisdiction of the United States for at least two years could be granted citizenship if they showed good character and swore allegiance to the Constitution.
The courts played a significant role in administering the naturalization process under this Act. Any individual who desired to become a citizen was required to apply to "any common law court of record" in the state where they had resided for at least one year. The court would then evaluate the applicant's character and administer an oath of allegiance to support the Constitution of the United States. The court clerk was responsible for recording these proceedings, and upon completion, the applicant was considered a citizen of the United States.
While the Act did not explicitly exclude women from citizenship, the courts adopted the common law practice of coverture, which placed a woman's rights and property under the control of her husband. As a result, a woman's loyalty to her husband was considered above her obligation to the state, and they were excluded from participation in public life and conducting business.
In the late 1800s, the lack of uniformity in courts' procedures and record-keeping led to a significant number of naturalization fraud cases across the nation. Congress recognized the need to standardize the process and passed the Basic Naturalization Act of 1906, which established the federal Naturalization Service and introduced standardized certificates of citizenship. This marked the first time that the administration of citizenship and naturalization was specified by federal law, with stringent penalties for violations.
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The Act's impact on women
The Naturalization Act of 1790 was the first law to define eligibility for citizenship by naturalization, and it established standards and procedures for immigrants to become US citizens. The Act provided that any free white person who resided within the United States for at least two years and was of good character could be granted citizenship. While the Act did not specifically exclude women, it also did not grant them the right to citizenship. Courts interpreted the Act to mean that a married woman's physical body, and thus any rights to her person or property, were controlled by her husband. This interpretation was based on the common-law practice of coverture, which held that a woman's loyalty to her husband was above her obligation to the state. This interpretation effectively excluded women from citizenship and prevented them from participating in public life and conducting business.
The Naturalization Law of 1804 further restricted women's access to citizenship by tying it to their marital status. By the end of the 19th century, a woman's marital status was the overriding consideration in determining her citizenship or ability to naturalize. This trend continued, and by 1907, a woman's nationality was entirely dependent on whether she was married.
The Married Women's Citizenship Act (Cable Act) of 1922 ended the derivation of citizenship by marriage. This Act marked a shift towards recognizing women's individual rights and loyalty to the state, rather than their husbands. However, it is important to note that the early naturalization laws, including the Act of 1790, contributed to the exclusion of women from citizenship and restricted their rights and participation in public life.
While the Naturalization Act of 1790 did not directly address the citizenship of children, it specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States". This implied that children born abroad to US citizen parents could be considered natural-born citizens, but only if their fathers had resided in the United States. This provision impacted women as mothers, as it created a discrepancy in how the citizenship of children was determined based on the gender of the parent.
The Naturalization Act of 1790 was also significant in that it was the only US statute to use the term "natural-born citizen". This term, found in the US Constitution, relates to the prerequisites for serving as President or Vice President. The Act's use of this term contributed to the ongoing discussion and interpretation of citizenship and eligibility for high office in the United States.
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Amendments and repeals
The first naturalization law, the Naturalization Act of 1790, was amended and repealed several times over the years. In 1795, Congress amended the law by requiring applicants to submit a declaration of intent to become a citizen at least three years before naturalization and extending the minimum residence requirement to five years. This act also removed the term "natural-born citizen". The 1795 amendment was repealed in 1802.
The Naturalization Act of 1790 was repealed and replaced by the Naturalization Law of 1802, which changed the residency requirement back to five years. This was followed by the Naturalization Law of 1804, which tied women's access to citizenship to their marital status. By the end of the 19th century, a woman's marital status was the overriding consideration in determining her citizenship or ability to naturalize.
In 1831, the US Congress ratified the Treaty of Dancing Rabbit Creek, which allowed Choctaw Indians who chose to remain in Mississippi to gain recognition as US citizens, making them the first major non-European ethnic group to become entitled to US citizenship.
The Naturalization Act was broadened in 1870 to allow African Americans to be naturalized, but it also revoked the citizenship of naturalized Chinese Americans. Native Americans were granted citizenship in a piecemeal manner until the Indian Citizenship Act of 1924 granted them blanket citizenship.
The Chinese Exclusion Laws, which restricted immigration from China, were repealed in 1943. The Luce-Celler Act of 1946 ended discrimination against Filipino Americans and Indian Americans, granting them the right to naturalization.
The Basic Naturalization Act of 1906 was passed by Congress to address deficiencies in the early naturalization system and establish federal supervision of naturalization. This act founded the federal Naturalization Service and standardized the format and content of certificates of citizenship or naturalization. The Married Women's Citizenship Act (Cable Act) of 1922 ended the derivation of citizenship by marriage.
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Frequently asked questions
The first naturalization law was the Naturalization Act of 1790, passed by Congress on March 26, 1790.
The act provided that any free, white, adult alien, male or female, who had resided within the United States for a period of 2 years was eligible for citizenship. Citizenship was granted to those who proved to the court’s satisfaction that they were of good moral character and who took an oath of allegiance to the Constitution.
Individuals who desired to become citizens were required to apply to "any common law court of record" in the state where they had resided for at least one year. Once the court was convinced of the applicant's "good character", the applicant would take an oath of allegiance to support the Constitution of the United States, and the court clerk would record these proceedings. The applicant would then be considered a citizen of the United States.
The Naturalization Act of 1790 established the first uniform rules for granting United States citizenship by naturalization. It provided a standardized process for individuals to obtain citizenship, setting eligibility requirements and residency criteria. This law also introduced the use of certificates of citizenship, which were standardized in 1906 with the implementation of Form 2207.
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