American Citizenship Act
Almost as soon as the ink was dry on the Declaration of Independence, Americans began writing, passing, revoking and revising laws on citizenship. Throughout history, the definition of citizenship and the laws on naturalization changed in response to political and economic events. While the earliest naturalization or citizenship acts were aimed at defining the requirements and rights of American citizens, later immigration and naturalization laws have been targeted at controlling immigration.
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First Laws
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Congress passed the first rules on citizenship in the Naturalization Act 1790. All free white adult aliens who had lived in the United States for two years, and had some proof of good character, were eligible. The law also extended citizenship to any of their children under the age of 21. In 1795, Congress hiked the residency requirement to five years and starting requiring applicants to not only swear allegiance to their new country but also to renounce their homelands.
Fourteenth Amendment
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The Fourteenth Amendment to the U.S. Constitution defines the basic requirements and rights of an American citizen. Approved by Congress in 1866, the amendment overturned the Supreme Court's 1857 Dred Scott decision denying citizenship and constitutional rights to African-Americans. The Fourteenth Amendment declares that anyone born in the United States is a citizen, entitled to the rights granted under the Constitution. It also guarantees all citizens equal protection under the law.
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Basic Naturalization Act of 1906
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Until the beginning of the 20th century, naturalization petitions could be filed in any court, and citizenship could be granted by a local, state or federal judge. In 1906, the Basic Naturalization Act launched a standardized process administered through the federal Bureau of Immigration and Naturalization and processed through federal court. Immigrants first declared their intention to become citizens, and after a minimum two-year waiting period, they were allowed to file formal petitions. Federal agents investigated each case and a citizenship hearing was held. At least two witnesses were required to testify that the applicant was a person of moral character. A federal judge decided whether to grant citizenship.
Immigration and Nationality Act of 1952
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The Immigration and Nationality Act of 1952, commonly referred to as INA, expanded rules on citizenship and incorporated them into the U.S. Code of Laws. INA includes a set of definitions of natural born citizens and a list of requirements for those seeking citizenship through naturalization. Although it has been since been amended, particularly in regard to the specific rules on immigration, INA is the basic framework of citizenship laws in effect today. INA requires that applicants have a green card, or a permit for permanent residency, a working knowledge of English and a fundamental understanding of the history and government of the United States to become a U.S. citizen.
Office of Citizenship
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In the wake of the 9/11 terrorist attacks, Congress pass the Homeland Security Act of 2002 which reorganized many federal agencies. including Immigration and Naturalization. As part of that restructuring, the Office of Citizenship was created to encourage immigrants to pursue citizenship. The office provides information and assistance with applications and offers resources such as online English and civics lessons. It also offers training to teachers and volunteers helping immigrants prepare for the citizenship exam.
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References
- Library of Congress: U.S. Congressional Documents and Debates, 1774 - 1875
- Libray of Congress: U.S. Congressional Documents and Debates, 1774 - 1875
- Colorado Government: Background History of the United States Naturalization Process
- Immigration and Nationality Act
- U.S. Citizenship and Immigration Services: The Office of Citizenship
Resources
- Photo Credit Stock pictures of a passport from the United States of America image by Albert Lozano from Fotolia.com
