Naturalization

The Right of the Land: Naturalization in U.S. History

In the United States, the first laws to outline a path to citizenship were passed in the late 1700s. An act passed on March 26, 1790, allowed the possibility for many foreign-born residents to become citizens if they were free, white, and residents of the United States for at least two years. Over time, the naturalization law changed with the norms and attitudes of the American public. In 1870, for example, African Americans were made eligible for naturalization, after the end of the Civil War, thus altering the “free” and “white” requirements set forth previously.

In the 1920s, the Supreme Court made a number of decisions that restricted eligibility for naturalization based on race and ethnicity. In particular, nonwhite groups were intentionally excluded from the possibility for naturalization. Three such cases stand out as exemplars. The case of Takao Ozawa v. United States (1922) excluded people of Japanese descent, United States v. Thind (1923) excluded Hindus, and Toyota v. United States (1925) excluded Filipinos. Such race-based exclusions were finally done away with in 1952, with the Immigration and Nationality Act.

Prior to 1922, women were also sometimes excluded from naturalization processes, as they took the citizenship of their spouses. Today, naturalization law largely prohibits discrimination, and there are a number of paths that foreign-born residents can take to U.S. citizenship. Broadly speaking, these paths to citizenship are categorized under two different headings: citizenship [Page 1597]acquired at birth and citizenship acquired at a point in time after birth.

The dominance of birthright citizenship in the United States is rooted in a more central sociolegal concept known as jus soli, or “right of the land.” In many countries, the principle of jus soli confers citizenship on individuals who are born within the nation's territory. This contrasts with the principle of jus sanguinuis, or “right of blood,” which confers citizenship based on descent, as when a child takes on the citizenship of one or more parents, regardless of where the child is born. The United States, Canada, and many countries in the Americas confer birthright citizenship, whereas many European countries and Japan confer citizenship based largely on descent.

For individuals who are not citizens at birth, citizenship must come in the form of naturalization. The naturalization process requires an individual to meet certain substantive requirements in order to become a citizen. In the United States, these requirements involve a length of legal residency in the United States of at least five years, basic character and age requirements, knowledge of the English language, a basic understanding of American civics, and allegiance to the U.S. Constitution as demonstrated through the Oath of Allegiance.

...