Naturalization Act of 1790

Naturalization Act of 1790
Great Seal of the United States
Other short titlesNaturalization Act
Long titleAn Act to establish an uniform Rule of Naturalization.
Enacted bythe 1st United States Congress
EffectiveMarch 26, 1790
Citations
Public lawPub. L.Tooltip Public Law (United States) 1–3
Statutes at LargeStat. 103, chap. 3
Legislative history
  • Passed the House of Representatives on March 4, 1790 ([1])
  • Passed the Senate on March 19, 1790 ([2]) with amendment
  • House of Representatives agreed to Senate amendment on March 22, 1790 ([3]) with further amendment
  • Senate agreed to House of Representatives amendment on March 25, 1790 ([4])
  • Signed into law by President George Washington on March 26, 1790
Major amendments
Naturalization Act of 1795

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, enslaved people, free Africans, Pacific Islanders, and non-White Asians. This eliminated ambiguity on how to treat newcomers, given that free black people had been allowed citizenship at the state level in many states. In reading the Naturalization Act, the courts also associated whiteness with Christianity and thus excluded Muslim immigrants from citizenship until the decision Ex Parte Mohriez recognized citizenship for a Saudi Muslim man in 1944.[5]

Congress modeled the Act on the Plantation Act 1740 of the British Parliament (13 Geo. 2 c.7) that was officially titled An Act for Naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America, and used its provisions concerning time, oath of allegiance, the process of swearing before a judge, etc.[6][7]

  1. ^ "Annals of Congress, House of Representatives, 1st Cong., 2nd sess". Library of Congress. 1790. p. 1463. Retrieved August 6, 2021.
  2. ^ "Annals of Congress, Senate, 1st Cong., 2nd sess". Library of Congress. 1790. p. 992. Retrieved August 6, 2021.
  3. ^ "House Journal. 1790. 1st Cong., 2nd sess". Library of Congress. p. 178. Retrieved August 6, 2021.
  4. ^ "Senate Journal. 1790. 1st Cong., 2nd sess". Library of Congress. p. 124. Retrieved August 6, 2021.
  5. ^ Beydoun, Khaled A. (August 18, 2016). "America banned Muslims long before Donald Trump". Washington Post. ISSN 0190-8286. Retrieved November 25, 2022.
  6. ^ Lemay, Michael; Barkan, Elliott Robert (1999). "U.S. Immigration and Naturalization Laws and Issues: A Documentary History". pp. 6–9. Archived from the original on August 5, 2020.
  7. ^ "Historical Timeline – Immigration – ProCon.org". Immigration. Retrieved November 25, 2022.

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