THE BUREAU OF NATURALIZATION

ITS HISTORY, ACTIVITIES
AND ORGANIZATION

CHAPTER I

HISTORY

The Bureau of Naturalization, established in its present form on March 4, 1913, exercises administrative control over the process of conferring citizenship upon aliens in the United States.

To understand the place of this Bureau in the National Government a brief review of the history of naturalization is necessary. Early Naturalization Legislation. The history of the process of naturalization in the United States for well over one hundred years is almost wholly a recital of legislative changes.

The problem of naturalization faced the colonists when they determined to separate from Great Britain; in fact one of the grievances against George III as expressed in the Declaration of Independence was that:

He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; Lrefusing to pass others to encourage their migration hither. . . .

Previous to this declaration during Colonial days, a number of the provinces had enacted general laws on the subject of naturalization, though others were without them.'

With adoption of the Constitution the problem of naturalization, received attention. Article I, Section 8, supplied a basis for action by providing that:

The Congress shall have power to establish an uniform rule of naturalization.

The first Congress took action during its second session, in less than three months after it convened. On March 26, 1790, the first

1

Connecticut, New Hampshire, Pennsylvania, North Carolina, and Georgia had no general naturalization laws. (59 Cong. I sess., H. doc. 46, p. 47.)

law concerning naturalization in the United States (1 Stat. L., 103) was approved. From the foundation of the government until 1906, when centralized control over naturalization was finally instituted, over a score of laws were enacted dealing with various phases of the subject. In these acts certain courts were designated to have jurisdiction over admission to citizenship, specifications varying with the temper of the times with regard to residence, character, and conduct of the alien were included, and certain principles as to the desirability of increasing the citizen population by means of naturalization were laid down.

The initial act was intended to continue, for the time being and to as great an extent as possible, the underlying principles of naturalization generally prevailing under the old Colonial laws, the avowed aim being to encourage immigration.

Debate preceding the passage of this act showed clearly that Congress had not formed definite ideas on the subject of a system of naturalization suitable for America, but the law is interesting as a reflection of the earliest thought of the new nation on the matter. The act of 1790 provided for admission to citizenship of any free white alien who had resided for at least two years within the limits and under the jurisdiction of the United States and one year within the state from which application was made, who possessed good moral character, and who would take oath to support the Constitution. Citizenship was obtainable through any common law court of record.

Within five years this law was repealed, and pursuant to the new act (1 Stat. L., 414; January 29, 1795) more stringent regulations were put into effect.

Meanwhile there had arisen that virulent movement against foreigners, finally expressed in the so-called "alien and sedition laws," and in consonance with the spirit of the times an act of maximum severity was approved, June 18, 1798 (1 Stat. L., 566). This law required a declaration of intention to be filed at least five years before admission to citizenship, residence of fourteen years in the United States and five years in a state.

Stringent regulations were set up to govern the registration of all aliens, and reports of both declaration of intention and admission to citizenship were required to be made to the Secretary of State. The latter provision was the first reference to administrative supervision to appear in the law, but it was soon to be terminated,

and similar provisions were not again included for over one hundred years.

Reaction against the severity of the act of 1798 finally became so strong that on April 14, 1802, it was repealed and supplanted by a new law (2 Stat. L., 153). This act, in effect, represented a return to the principles of the laws enacted before 1798, forming the basis upon which was built all subsequent naturalization legislation.

In essential the new law specified that any free white' alien might be admitted to citizenship provided he :

a. Declare his intention of becoming a citizen before a competent court at least three years before admission to citizenship; b. Take oath of allegiance to the United States and renounce all foreign titles, allegiances, or fealty;

c. Reside in the United States at least five years and in a state one year; and

d. Establish a good moral character and attachment to the government.

Modifications of this law appeared in acts approved March 26, 1804 (2 Stat. L., 292), March 3, 1813 (2 Stat. L., 809), and June 30, 1813 (3 Stat. L., 53), the two latter dealing largely with conditions arising during the War of 1812. Further amendments were made on May 26, 1824 (4 Stat. L., 69), concerning minors, and May 24, 1828 (4 Stat. L., 310), dealing with the registry of aliens.

Legislation from 1850 to 1906. For a period of over twenty-five years thereafter the law remained unchanged. On February 10, 1855, certain minor modifications of the law were approved (10 Stat. L., 604), and on May 20, 1862, the Homestead Act (12 Stat. L., 392) permitted declarants equal privileges with citizens in the settlement of new lands.

The Civil War brought with it problems which reflected themselves in the naturalization laws. The negro question, so far as the

'The recurrence of this phrase (in sense if not in exact diction) in the various acts is interesting as the expression of the young democracy just freed from the oppressor's yoke. It excluded those brought to this country in bondage (though white) from acquiring citizenship until freed, and negroes at all times.

Supreme, superior, district, or circuit, state, or territorial court or a federal circuit or district court.

*Repealed by the act of June 26, 1848 (9 Stat. L., 240).