The history of naturalization policy in the United States is shaped by evolving attitudes toward citizenship, race, immigration, and national identity. Naturalization is the legal process by which a foreign-born individual becomes a U.S. citizen. The policies and laws that govern this process have changed considerably over time, often reflecting broader social, political, and economic trends. Below is an overview of key moments and developments in the history of naturalization in the U.S.:
1. Colonial Period and Early Republic (Pre-1790): Before the United States formally existed, the process of granting citizenship varied by colony. Most colonial governments allowed immigrants to become "freemen" with certain privileges, but these did not guarantee full political rights, like voting. Some colonies had provisions for the naturalization of foreigners, but there was no uniform process across the 13 colonies.
Once the U.S. gained independence, the question of naturalization arose as the nation sought to define its identity. The first laws governing naturalization were passed after the U.S. Constitution was ratified.
2. The Naturalization Act of 1790: The first federal naturalization law was passed in 1790. The Naturalization Act of 1790 set the groundwork for citizenship in the United States, establishing the following key provisions:
- Eligibility: Only "free white persons" who had lived in the U.S. for at least two years could become citizens.
- Exclusion of Non-Whites: This law explicitly excluded non-whites from citizenship. Native Americans, enslaved Africans, and free Black people were not considered eligible for naturalization.
- Gender and Marital Status: While white men could apply for citizenship, white women, even if married to U.S. citizens, were considered to have derivative citizenship. Their citizenship was tied to their husband's status.
This law was extremely restrictive and marked the beginning of racialized naturalization laws, which would persist throughout U.S. history.
3. The Expansion of Eligibility (1795-1850s)
The initial requirements for naturalization were quite restrictive. In the 1795 Naturalization Act, the residency requirement was increased to five years. However, naturalization remained limited to free white persons, and the status of African Americans and Indigenous people was not addressed in a meaningful way.
1795-1840s: Over the first half of the 19th century, several amendments were made to the naturalization process, including an increase in the required years of residency before naturalization (to 14 years in 1798), but these laws still did not allow for the naturalization of non-whites.
4. Naturalization and the Civil War Era
The question of citizenship became more contentious during and after the Civil War. In the context of the abolition of slavery and the nation's evolving understanding of racial identity, new legal principles were introduced:
The 14th Amendment (1868): After the Civil War, the 14th Amendment granted citizenship to all people born or naturalized in the U.S., regardless of race. This provision, however, was interpreted to exclude Native Americans, as they were not considered citizens under the terms of the law at that time.
Exclusion of Chinese Immigrants: The Chinese Exclusion Act of 1882 marked the first time the U.S. explicitly barred a specific ethnic group from becoming naturalized citizens. Chinese immigrants were excluded from naturalization under federal law, and this policy continued for decades.
5. The Immigration Act of 1906
The Immigration Act of 1906 established more formal processes for naturalization and required immigrants to demonstrate English-language proficiency. This law also created the Bureau of Immigration and Naturalization to standardize the naturalization process and set new standards for the admission of immigrants.
Expanded Eligibility: While the act made it easier for certain immigrants to become citizens, many groups, particularly non-Europeans, still faced racial exclusion from naturalization.
6. The 1920s: Racial Restrictions and the Immigration Act of 1924
In the 1920s, immigration policy was heavily influenced by the ideology of racial hierarchy and eugenics. The Immigration Act of 1924 (also known as the Johnson-Reed Act) established national origin quotas that heavily favored immigrants from Northern and Western Europe while severely limiting immigration from Southern and Eastern Europe, as well as excluding Asian immigrants entirely.
Citizenship for Native Americans: Despite the 14th Amendment’s guarantee of citizenship, many Native Americans were not granted citizenship until the Indian Citizenship Act of 1924, which granted full citizenship to all Native Americans born in the U.S. However, many states still restricted voting rights for Native Americans well into the 20th century.
7. Post-World War II Reforms and the Civil Rights Era
After World War II, U.S. naturalization laws began to evolve more rapidly, especially in response to the pressures of civil rights activism and the changing international landscape. The civil rights movement played a significant role in challenging racial exclusion policies.
The Immigration and Nationality Act of 1952 (McCarran-Walter Act): This act was a significant reform, repealing many racial exclusions that had existed in previous laws. It allowed Asian immigrants to become naturalized citizens for the first time, though it still maintained a quota system that favored Europeans over others. The law also sought to establish a more uniform system for naturalization, though racial and ethnic preferences remained embedded in the system.
Civil Rights Act of 1964 & Immigration Act of 1965: The Immigration and Nationality Act of 1965 (also called the Hart-Celler Act) abolished the racial quotas and was a major step forward in terms of racial equality. It emphasized family reunification and skills-based immigration rather than national origin, leading to increased immigration from Asia, Africa, and Latin America. This shifted the demographic makeup of the U.S. and reflected broader social changes.
8. Modern Naturalization (1970s-Present)
Since the 1970s, the U.S. has seen gradual reforms to its naturalization policies:
Expansion of Naturalization Eligibility: Laws have increasingly expanded eligibility, allowing for easier paths to citizenship for refugees, children of U.S. citizens, and people married to U.S. citizens. Policies like the Immigration Reform and Control Act of 1986 granted amnesty to millions of undocumented immigrants who had been in the U.S. since before 1982, providing a path to citizenship.
Citizenship and Immigration Services (USCIS): The modern system is managed by the USCIS, which is responsible for overseeing naturalization applications. Requirements for naturalization generally include:A minimum period of continuous residence in the U.S. (usually 5 years, or 3 years for spouses of U.S. citizens) English language proficiency (with exceptions for older applicants or those with disabilities) Knowledge of U.S. history and government (civics test)
Naturalization Rate and Public Debate: There has been ongoing debate about immigration, border control, and citizenship, especially in the context of issues like undocumented immigration, the Deferred Action for Childhood Arrivals (DACA) program, and the status of "anchor babies." Public discourse often centers around questions of who should be allowed to become a citizen and the values that citizenship embodies.
Conclusion
U.S. naturalization policy has evolved from exclusionary laws based on race and ethnicity to a more inclusive, though still complex, system. The 19th and early 20th centuries were marked by racialized and restrictive policies, while the mid-to-late 20th century brought significant reforms toward inclusivity. Today, naturalization remains a key part of the immigration debate, reflecting ongoing questions of identity, belonging, and who is considered part of the American political community.
