Naturalization Acts

Naturalization Act of 1790

The Naturalization Act of 1790 was passed by Congress on March 26 in order to grant the right to become a naturalized citizen to “free white persons” of “good moral character,” excluding indentured servants, slaves, and all nonwhite populations such as Native Americans, free African Americans, and Asians. The 1790 naturalization law remained active for 162 years.

Until the Immigration and Nationality Act of 1952, which allowed individuals of all background to be eligible for naturalization, the 1790 legislation limited immigration on the basis of the race and background of the individual. The 1790 law also required the individual to reside for two years in the United States. The later residence requirements were extended to five years by the Naturalization Act of 1795.

Upon completion of two years, any free white individual could file a Petition for Naturalization to a “common law court of record.” Based on the court's approval of one's “good moral character,” the court could administer the Oath of Allegiance and keep a record of the proceedings so that the immigrant would be considered a citizen of the United States. Citizenship was passed exclusively through the father, even though free white women were allowed to be U.S. citizens. The children of the citizens of the United States, under the age of 21, and born outside American soil were also recognized as natural-born citizens, without the need for naturalization.

Following the Civil War, during the Reconstruction Era, the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution were adopted between 1865 and 1870. The Thirteenth Amendment abolished slavery; the Fourteenth Amendment expanded the definition of citizenship, including African descents; and the Fifteenth Amendment granted voting rights regardless of “race, color, or previous condition of servitude.”

Naturalization Acts of 1870 and 1906

This led to the 1870 Naturalization Act, which was signed into law by President Ulysses S. Grant on July 14, 1870, providing citizenship rights to “aliens of African nativity and to persons of African descent,” barring other nonwhites such as Asians from U.S. citizenship.

The Naturalization Act of 1906 was a revision of the Naturalization Act of 1870. Until the 20th century, naturalization to Asians remained restricted. After the United States v. Wonf Kim Ark case in 1898, the Supreme Court granted citizenship to an American-born child whose parents were from China.

...