1776: Declaration of Independence protests England’s limiting naturalization of foreigners in the colonies. 1789: U.S. Constitution, under Article I, Congress is “to establish an uniform Rule of Naturalization,” eventually giving the federal government the sole authority over immigration. 1789: Bill of Rights outlines basic rights under the new government. 1790: Naturalization Act of 1790 provides the first rules to be followed by the United States in granting national citizenship to “free white people.” 1848: Treaty of Guadalupe Hidalgo extends citizenship to all inhabitants living in the territory annexed to the United States following the Mexican War. 1865: Thirteenth Amendment abolishes slavery, although it did not grant formerly enslaved persons the full rights of citizenship. 1868: Fourteenth Amendment grants that all persons born or naturalized in the United States are citizens and are guaranteed “equal protection of the laws.” 1870: Naturalization Act of 1870 extends naturalization rights to former African slaves not born in the United States; Asian immigrants remain excluded from citizenship. 1882: Chinese Exclusion Act of 1882 is the first U.S. law to ban immigration based on race or nationality; it would be repealed in 1943. 1898: U.S. Supreme Court rules in United States v. Wong Kim Ark that any child born in the United States, regardless of race or parents’ citizenship status, is an American citizen. 1917: Jones-Shafroth Act grants U.S. citizenship to residents of Puerto Rico. 1921: First quota law is passed limiting the annual number of immigrants based on country of origin. 1924: Indian Citizenship Act extends U.S. citizenship to all Native Americans. 1940: Alien Registration Act requires all non-citizen adults to register with the government and empowers the president to deport foreigners suspected of espionage or being a security risk. 1952: Immigration and Nationality Act eliminates race as a bar to immigration or citizenship. 1965: Hart-Celler Act abolishes the national origins quota system, replacing it with a preference system that focuses on immigrants' skills and family relationships with citizens or U.S. residents. 1986: Immigration Reform and Control Act of 1986 grants amnesty to millions of individuals living in the United States who entered the country before January 1, 1982. 2001: USA Patriot Act amends the Immigration and Nationality Act to broaden the scope of aliens ineligible for admission or deportation to include terrorist activities. The Naturalization Act of 1870 (16 Stat. 254) was a United States federal law that created a system of controls for the naturalization process and penalties for fraudulent practices. It is also noted for extending the naturalization process to "aliens of African nativity and to persons of African descent" while also maintaining exclusion of the process to naturalized Chinese Americans and other groups.[3]
Wikisource has original text related to this article: Naturalization Act of 1870 By virtue of the Fourteenth Amendment and despite the 1870 Act, the Supreme Court in United States v. Wong Kim Ark (1898) recognised U.S. birthright citizenship of an American-born child of Chinese parents who had a permanent domicile and residence in the United States, and who were there carrying on business, and were not employed in any diplomatic or official capacity under the Emperor of China.[4] U.S. citizenship of persons born in the United States since Wong Kim Ark have been recognised, although the Supreme Court has never directly made a ruling in relation to children born to parents who are not legal residents in the United States. The Naturalization bill was introduced by Republican Representative Noah Davis from New York in the House of Representatives as bill H.R. 2201 and Republican Senator Roscoe Conkling from New York co-sponsored the bill in the Senate. The 1870 act was passed by the 41st United States Congress and signed into law by President Ulysses S. Grant on July 14, 1870. Although the act was enacted in the United States Congress during the Reconstruction Era, it is often not noted among the group of major legislative bills passed and enacted during that time period.[5]
The Naturalization Act of 1790 (1 Stat. 103, enacted March 26, 1790) was a law of the United States Congress that set the first uniform rules for the granting of United States citizenship by naturalization. The law limited naturalization to "free White person(s) ... of good character", thus excluding Native Americans, indentured servants, slaves, free black people and later Asians, although free black people were allowed citizenship at the state level in a number of states.
Wikisource has original text related to this article: Naturalization Act of 1790 The Act was modeled on the Plantation Act 1740 with respect to time, oath of allegiance, process of swearing before a judge, etc.[5][6] There was a two-year residency requirement in the United States and one year in the state of residence before an alien would apply for citizenship, by filing a Petition for Naturalization with "any common law court of record" having jurisdiction over his residence. Once convinced of the applicant's “good character”, the court would administer an oath of allegiance to support the Constitution of the United States. The applicant's children to age of 21 would also be naturalized. 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 provided that children born abroad when both parents are U.S. citizens "shall be considered as natural born citizens," but specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States."[7][8][9] This act was the only US statute to ever to use the term "natural born citizen", found in the US Constitution in relation to the prerequisites for a person to serve as president or Vice-President, and the term was removed by the Naturalization Act of 1795. Though the Act did not specifically preclude women from citizenship, the common law practice of coverture had been absorbed into the legal system of the United States.[10] Under this practice the physical body of married woman, and thus any rights to her person or property, was controlled by her husband. A woman's loyalty to her husband was considered above her obligation to the state.[11] Jurisprudence on domestic relations held, that infants, slaves, and women should be excluded from participation in public life and conducting business because they lacked discernment, the right to free will and property, and there was a need to prevent moral depravity and conflicts of loyalty.[12][13] The Naturalization Act of 1795 repealed and superseded the 1790 Act. The 1795 Act extended the residence requirement to five years, and added a requirement that a prospective applicant needed to give notice of application of three years. The Naturalization Act of 1798 extended the residency requirement to 14 years and notice period to five years. The 1798 Act was repealed by the Naturalization Law of 1802, restoring the residency and notice requirements of the 1795 Act. From the adoption of the Naturalization Law of 1804, women's access to citizenship was increasingly tied to their state of marriage. By the end of the nineteenth century, the overriding consideration to determine women's citizenship or ability to naturalize was her marital status. From 1907, a women's nationality was entirely dependent on whether or not she was married.[14] The Treaty of Dancing Rabbit Creek, which was ratified by the US Congress in 1831, allowed those Choctaw Indians who chose to remain in Mississippi to gain recognition as US citizens, the first major non-European ethnic group to become entitled to US citizenship. Major changes in citizenship rules were made in the 19th 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, irrespective of race, but it excluded untaxed “Indians” (Native Americans living on reservations). The Naturalization Act of 1870 extended "the naturalization laws" to "aliens of African nativity and to persons of African descent" while also revoking the citizenship of naturalized Chinese Americans.[15] By virtue of the Fourteenth Amendment and despite the 1870 Act, the Supreme Court in United States v. Wong Kim Ark (1898) recognised U.S. birthright citizenship of an American-born child of Chinese parents who had a permanent domicile and residence in the United States, and who were there carrying on business, and were not employed in any diplomatic or official capacity under the Emperor of China.[16] U.S. citizenship of persons born in the United States since Wong Kim Ark have been recognised, although the Supreme Court has never directly made a ruling in relation to children born to parents who are not legal residents in the United States. Native Americans were granted citizenship in a piece-meal manner until the Indian Citizenship Act of 1924, which granted them blanket citizenship whether they belonged to a federally recognized tribe or not, though by that date two-thirds of Native Americans had already become US citizens by other means. The Act was not retroactive, so that it did not cover citizens born before the effective date of the 1924 act, or outside of the United States as an indigenous person. Further changes to racial eligibility for citizenship by naturalization were made after 1940, when eligibility was 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."[17] The Immigration and Nationality Act of 1952 prohibits racial and gender discrimination in naturalization.[18]
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