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The Info List - Naturalization Act Of 1790





The original United States Naturalization
Naturalization
Law of March 26, 1790 (1 Stat. 103) provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were free White persons of good character. It thus excluded American Indians, indentured servants, slaves, free blacks and later Asians although free blacks were allowed citizenship at the state level in certain states. It also provided for citizenship for the children of U.S. citizens born abroad, stating that such children "shall be considered as natural born citizens," the only US statute ever to use the term. It specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States."[1][2][3]

Contents

1 Provisions 2 Afterwards 3 References 4 External links

Provisions[edit] In order to address one's good character, the law required two years of residence in the United States and one year in the state of residence, prior to applying for citizenship. When those requirements were met, an immigrant could file a Petition for Naturalization
Naturalization
with "any common law court of record" having jurisdiction over his residence. Once convinced of the applicant’s good moral character, the court would administer an oath of allegiance to support the Constitution of the United States. The clerk of the court was to make a record of these proceedings, and "thereupon such person shall be considered as a citizen of the United States." The Act also establishes the United States citizenship of certain children of citizens, born abroad, without the need for naturalization: "the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States" Afterwards[edit] The Act of 1790 was repealed by the Naturalization
Naturalization
Act of 1795, which extended the residence requirement to five years, and by the Naturalization
Naturalization
Act of 1798, which extended it to 14 years. The 1798 act was repealed by the Naturalization
Naturalization
Law of 1802. Major changes to the definition of citizenship were ratified in the nineteenth century following the American Civil War. The Fourteenth Amendment in 1868 granted citizenship to people born within the United States and subject to its jurisdiction; but it excluded untaxed Indians (those living on reservations). The Naturalization
Naturalization
Act of 1870 extended "the naturalization laws" to "aliens of African nativity and to persons of African descent." In 1898 the Supreme Court decision in United States v. Wong Kim Ark
United States v. Wong Kim Ark
granted citizenship to an American-born child of Chinese parents who had a permanent domicil and residence in the United States, and who were there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China.[4] All persons born in the United States since United States v. Wong Kim Ark have been granted citizenship although the Supreme Court has never explicitly ruled on the matter of children born to parents who are not legal residents of the United States. All Native Americans were finally granted citizenship by the Indian Citizenship
Citizenship
Act of 1924, whether or not they belonged to a federally recognized tribe; by that date two-thirds of Native Americans were already U.S. citizens. Further changes to racial eligibility for naturalized citizenship were ratified after 1940, when eligibility was also extended to “descendants of races indigenous to the Western Hemisphere,” “Filipino persons or persons of Filipino descent,” “Chinese persons or persons of Chinese descent,” and “persons of races indigenous to India.”[5] The Immigration and Nationality Act of 1952 prohibits racial and gender discrimination in naturalization.[6] References[edit]

^ Hymowitz; Weissman (1975). A History of Women in America. Bantam.  ^ Schultz, Jeffrey D. (2002). Encyclopedia of Minorities in American Politics: African Americans and Asian Americans. p. 284. Retrieved 2010-03-25.  ^ Bad news for Ted Cruz: his eligibility for president is going to court. Dara Lind and Jeff Stein. Vox Media. 18 February 2016. Retrieved 20 February 2016. ^ United States v. Wong Kim Ark, 169 U.S. 649 (1898). https://supreme.justia.com/cases/federal/us/169/649/ ^ Coulson, Doug (2015). "British Imperialism, the Indian Independence Movement, and the Racial Eligibility Provisions of the Naturalization Act: United States v. Thind Revisited". Georgetown Journal of Law & Modern Critical Race Perspectives (7): 2. SSRN 2610266 .  ^ Daniels, Roger. Coming to America, A History of Immigration and Ethnicity in American Life. 

External links[edit]

Wikisource
Wikisource
has original text related to this article: Naturalization
Naturalization
Act of 1790

Statutes At Large, First Congress, Session II, p. 103

v t e

Immigration to the United States
Immigration to the United States
and related topics

Relevant colonial era, United States and international laws

Colonial era

Nationality law in the American Colonies Plantation Act 1740

18th century

Naturalization
Naturalization
Act 1790 / 1795 / 1798

19th century

Naturalization
Naturalization
Law 1802 Civil Rights Act of 1866 14th Amendment (1868) Naturalization
Naturalization
Act 1870 Page Act (1875) Immigration Act of 1882 Chinese Exclusion (1882) Scott Act (1888) Immigration Act of 1891 Geary Act
Geary Act
(1892)

1900–1949

Naturalization
Naturalization
Act 1906 Gentlemen's Agreement (1907) Immigration Act of 1907 Immigration Act 1917 (Asian Barred Zone) Emergency Quota Act
Emergency Quota Act
(1921) Cable Act
Cable Act
(1922) Immigration Act 1924 Tydings–McDuffie Act
Tydings–McDuffie Act
(1934) Filipino Repatriation Act (1935) Nationality Act of 1940 Bracero Program (1942–1964) Magnuson Act
Magnuson Act
(1943) War Brides Act (1945) Luce–Celler Act (1946)

1950–1999

UN Refugee Convention (1951) Immigration and Nationality Act 1952 / 1965 Refugee Act
Refugee Act
(1980) Immigration Reform and Control Act (1986) American Homecoming Act
American Homecoming Act
(1989) Immigration Act 1990 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) (1996) Nicaraguan Adjustment and Central American Relief Act (NACARA) (1997) American Competitiveness and Workforce Improvement Act (ACWIA) (1998)

21st century

American Competitiveness in the 21st Century Act (AC21) (2000) Legal Immigration Family Equity Act (LIFE Act) (2000) H-1B Visa Reform Act (2004) REAL ID Act
REAL ID Act
(2005) Secure Fence Act (2006) DACA (2012) Executive Order 13769
Executive Order 13769
(2017) Executive Order 13780
Executive Order 13780
(2017)

Visas and policies

Visa policy

Permanent residence Visa Waiver Program Temporary protected status Asylum Green Card Lottery

US-VISIT Security Advisory Opinion E-Verify Section 287(g) National Origins Formula

Government organizations

Department of Homeland Security Immigration and Customs Enforcement U.S. Border Patrol U.S. Customs and Border Protection Immigration and Naturalization
Naturalization
Service (INS) Board of Immigration Appeals

Supreme Court cases

United States v. Wong Kim Ark
United States v. Wong Kim Ark
(1898) United States v. Bhagat Singh Thind
United States v. Bhagat Singh Thind
(1923) United States v. Brignoni-Ponce
United States v. Brignoni-Ponce
(1975) Chamber of Commerce v. Whiting
Chamber of Commerce v. Whiting
(2011)

Related issues and events

Economic impact Eugenics in the United States Guest worker program Human trafficking Human smuggling

Coyotaje

Immigration reform Immigration reduction Mexico–United States barrier Labor shortage March for America Illegal immigrant population Reverse immigration 2006 protests Unaccompanied minors from Central America List of people deported from the United States

Geography

Mexico–United States border Canada–United States border United States Border Patrol interior checkpoints

Proposed legislation

DREAM Act
DREAM Act
(2001–2010) H.R. 4437 (2005) McCain–Kennedy (2005) SKIL (2006) Comprehensive Immigration Reform Act 2006 STRIVE Act (2007) Comprehensive Immigration Reform Act 2007 Uniting American Families Act
Uniting American Families Act
(2000–2013) Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 SAFE Act (2015) RAISE Act
RAISE Act
(2017)

Immigration stations and points of entry

Angel Island Castle Garden East Boston Ellis Island Sullivan's Island Washington Avenue

Operations

"Wetback" (1954) "Peter Pan" (1960–1962) "Babylift" (1975) "Gatekeeper" (1994) "Endgame" (2003–2012) "Front Line" (2004–2005) "Streamline" (2005–present) "Return to Sender" (2006–2007) "Jump Start" (2006–2008) "Phalanx" (2010–2016)

State legislation

California DREAM Act
DREAM Act
(2006–2010) Arizona SB 1070
Arizona SB 1070
(2010) Alabama HB 56 (2011)

Non-governmental organizations

Arizona Border Recon Coalition for Humane Immigrant Rights of Los Angeles Coalition for Comprehensive Immigration Reform National Immigration Forum Center for Community Change We Are America Alliance CASA of Maryland Mexica Movement Mexicans Without Borders Federation for American Immigration Reform Minuteman Project Minuteman Civil Defense Corps California Coalition for Immigration Reform Save Our State Center for Immigration Studies National Korean American Service & Education Consortium (NAKASEC) NumbersUSA Negative Population Growth Migration Policy Institute Utah Compact Center for Migration Studies

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