Cecily Zamora
Naturalization laws in the United States are created by Congress, which has the power to establish uniform rules and laws governing the naturalization process. The first naturalization law, the Nationality Act of 1790, was passed by Congress and defined eligibility for citizenship by naturalization, limiting it to free white persons. Over time, Congress has amended and expanded access to citizenship, with the racial restrictions finally being eliminated in 1952 with the Immigration and Nationality Act (INA). The INA, which has been amended numerous times, contains many important provisions of immigration law and is contained in the United States Code (U.S.C.).
| Characteristics | Values |
|---|---|
| Body that creates naturalization laws | Congress |
| First naturalization law | Nationality Act of 1790 |
| First naturalization law limitations | Only "free white persons" could become citizens |
| Naturalization Law of 1802 | Extended naturalization eligibility to children of naturalized citizens under 21 |
| Naturalization Law of 1870 | Extended naturalization eligibility to aliens of African nativity and persons of African descent |
| Immigration and Nationality Act (INA) | Enacted in 1952, amended many times, contains important provisions of immigration law |
| Latest changes to naturalization laws | Trump administration's efforts to strip naturalized Americans of citizenship for certain criminal offenses |
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What You'll Learn
The Nationality Act of 1790
The United States Congress passed the Nationality Act of 1790, also known as "An act to establish an uniform Rule of Naturalization", on March 26, 1790. This act was the first to define eligibility for citizenship by naturalization and establish standards and procedures for immigrants to 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. Applicants were required to prove their good character and swear an oath of allegiance to the US Constitution. This law effectively restricted citizenship to white, male property owners, excluding women, non-white persons, and indentured servants. The children of naturalized citizens under the age of 21 who resided in the US were also considered citizens, as were the children of US citizens born outside the country, unless their fathers had never lived in the US.
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The Naturalization Law of 1802
The 1802 Act reduced the residency requirement to five years and the notice period to three years. The "'free white person' requirement remained in place", as did the "'good moral character' clause". The law also extended citizenship to children of naturalized citizens under 21, as well as to children of US citizens born outside the country.
The Naturalization Act of 1798 had been passed under the guise of protecting national security, but most historians believe it was intended to reduce the number of citizens who disagreed with the Federalist Party. The 1802 Act repealed and replaced these stricter requirements, and was a return to the less restrictive provisions of the 1795 Act.
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The Immigration and Nationality Act (INA)
In the United States, Congress has historically defined eligibility for citizenship by naturalization and established standards and procedures for immigrants to become US citizens. The first law to do so was the Nationality Act of 1790, which limited citizenship to "free white persons". In 1795, Congress amended the naturalization law by requiring applicants to submit a declaration of intent to become citizens at least three years before naturalization and extending the minimum residence requirement to five years.
The Immigration and Nationality Act of 1952 was enacted in the context of Cold War-era fears of infiltrating Soviet and communist spies and sympathizers within American institutions and the federal government. It reflected anti-communist sentiment associated with the Second Red Scare (McCarthyism) and included restrictive measures such as increased review of potential immigrants, stepped-up deportation, and more stringent naturalization procedures.
The Act eliminated several due-process safeguards protecting immigrants from deportation abuses, exposing deportees to potential bureaucratic tyranny. It established provisions defining "crimes involving moral turpitude", which had been in United States immigration law since the Immigration Act of 1891. Immigrants who committed such crimes were deemed inadmissible. Under the INA, immigrants were ineligible for naturalization if suspected of or committed criminal convictions, illegal gambling, alcohol or substance use, drug trafficking, prostitution, unlawful voting, or other acts deemed to violate the standards of the country. Additionally, the Act deemed immigrants who were anarchists, communists, or affiliated with any totalitarian organizations that planned to overthrow the United States as deportable.
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Denaturalization of Americans
The concept of naturalization in the United States typically concerns the grant of citizenship to a person who has lived in the country for a specified time and meets certain other requirements. Congress first defined eligibility for citizenship by naturalization in 1790, limiting this right to "free white persons". In 1802, Congress continued to limit eligibility for naturalization to free white persons of good moral character. Congress eventually extended naturalization eligibility to aliens of African nativity and to persons of African descent in 1870. The racial restriction was not eliminated entirely until 1952.
The Naturalization Act of 1906 was the first law to provide for denaturalization. It authorized judicial proceedings against a naturalized US citizen for the purpose of setting aside and cancelling their certificate of citizenship on the grounds of fraud or that it was illegally procured. Over time, denaturalization went from a process that was broadly used to make the citizenship of foreign-born Americans conditional on their behaviour, to a rare practice that reifies the near inviolability of US citizenship. The most significant ruling came in 1967 when Justice Hugo Black outlined in Afroyim v. Rusk "an interpretation of the Fourteenth Amendment that secured for all—native-born and naturalized—the full set of privileges entailed in American citizenship".
Despite this, the Trump administration has taken steps to strip some Americans of their US citizenship. A justice department memo calls on attorneys to institute civil proceedings to revoke a person's citizenship if they ""illegally procured" naturalization or procured naturalization by "concealment of a material fact or by willful misrepresentation". The memo's focus on denaturalization comes as at least one person, a US military veteran originally from the UK who was convicted of distributing child sex, has been denaturalized in recent weeks. The Trump administration has also discussed the idea of denaturalizing American citizens and deporting them to other countries, including El Salvador.
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Naturalization Clause
The Naturalization Clause, outlined in Article I, Section 8, Clause 4 of the US Constitution, grants Congress the power to establish a uniform rule of naturalization. This clause has been interpreted by the Supreme Court as the act of "adopting a foreigner and clothing him with the privileges of a native citizen".
The Naturalization Clause gives Congress the authority to determine the eligibility requirements and procedures for immigrants to become US citizens. The first law to define these eligibility requirements was the Nationality Act of 1790, which restricted citizenship by naturalization to "free white persons". This law also established a two-year residency requirement for applicants. In 1795, Congress amended the naturalization law, extending the minimum residency requirement to five years and introducing a three-year declaration of intent period before naturalization.
Over time, access to citizenship through naturalization became more inclusive. In 1802, Congress continued to limit eligibility to free white persons but also included a requirement of good moral character. In 1870, Congress extended naturalization eligibility to aliens of African nativity and persons of African descent. It was not until 1952 that the racial restrictions were completely eliminated.
The Naturalization Clause also empowers Congress to revoke citizenship that has been improperly obtained through fraud or other unlawful means. This power has been affirmed by the Supreme Court in several cases, including Fedorenko v. United States, Knauer v. United States, and Johannessen v. United States. Additionally, Congress has the authority to expatriate individuals who have voluntarily relinquished their US citizenship.
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Frequently asked questions
Congress creates naturalization laws in the US.
The first naturalization law was enacted in 1790. It restricted naturalization to "free white persons" who had resided in the US for at least two years and demonstrated good moral character. In 1795, Congress amended the law to require a declaration of intent to become a citizen at least three years before naturalization and extended the minimum residence requirement to five years. In 1802, Congress restored the two-year residence requirement and maintained the three-year declaration of intent period. In 1870, naturalization eligibility was expanded to include aliens of African nativity and persons of African descent. The racial restriction was not completely eliminated until 1952.
The process of naturalization involves an alien taking an oath of allegiance to the US Constitution and fulfilling any other requirements set by Congress. The naturalization process is administered by the courts.
Naturalized citizens have the same rights as native-born citizens, with the exception of the eligibility to become President.
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