fbpx
Wikipedia

Naturalization Act of 1906

November 13, 2023

The Naturalization Act of 1906 was an act of the United States Congress signed into law by Theodore Roosevelt that revised the Naturalization Act of 1870 and required immigrants to learn English in order to become naturalized citizens. The bill was passed on June 29, 1906, and took effect September 27, 1906. It was repealed and replaced by the Nationality Act of 1940. It was modified by the Immigration Act of 1990.

Naturalization Act of 1906
Long titleA Bill to Establish a Bureau of Immigration and Naturalization, and to Provide for the Naturalization of Aliens throughout the United States
Enacted bythe 59th United States Congress
EffectiveSeptember 27, 1906
Citations
Public lawPub. L.Tooltip Public Law (United States) 59–338, Chap. 3592
Statutes at Large34 Stat. 596
Codification
Acts amendedNaturalization Act of 1870
Legislative history

The legislation established the federal government as the arbiter of naturalization policy. It created the Bureau of Immigration and Naturalization, which provided for the first uniform naturalization laws in the country. Prior to 1906, an alien could be naturalized in any U.S. "court of record". State-level naturalization courts managed proceedings and had varying standards across the country.[2] After September 26, 1906, naturalization could only be done in courts having a seal and a clerk, and exerting universal competence.

Provisions and Effects edit

The Act established standardized naturalization forms, requiring, inter alia:

  • verification of arrival thus,
  • names and details of wives and children

In addition, section 15 of the Act defined the power of U.S. district attorneys to institute denaturalization proceedings: "in any court having jurisdiction to naturalize aliens for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured."

Generally, the Basic Naturalization Act of 1906 addressed Roosevelt's commission's concerns, with one specific recommendation that was not specifically addressed. There was no specific form issued for the oath of allegiance, as was recommended by the commission.[3] Another recommended provision insisted that naturalized citizens be able to speak English. The provision read:

"That no alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English language: Provided, that this requirement shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States."[4]

Through the centralization of all naturalization and immigration records the federal government was able to command more control over the naturalization process. The centralization mandate produced a uniform process as well as causing the number of courts processing applications to fall throughout the country."[5] This centralization also included the dispersal of standard naturalization documents following the law's enactment. On September 27th of 1906, the United States Federal Naturalization Bureau began keeping copies of all American naturalization records. The naturalization certificate files would come to be known as C-Files.[6] Additionally, those who had acquired their citizenship on questionable legal grounds, are now subject to additional scrutiny, as a direct result of this law. Section 15 clearly outlines the powers granted to U.S. attorneys towards prosecuting these cases, with language giving a considerable amount of the burden of proof to defendants.[7] This provision was quite encompassing, thus promoting a number of prosecutions on the basis of fraudulent naturalization procedures. The case of Luria v. United States challenges this provision, but it is deemed constitutional.[8]

Particularly significant about this legislation is that it clearly asserts greater federal jurisdiction over the naturalization process in America. If the existence of the act, on its own, does not elicit that impression, then Section 11's assertion that the United States can appear "before any court" as it relates to naturalization proceedings makes it more explicit.[9] This provision does not technically strip the states of any jurisdiction, but it specifically asserts that the federal government holds the ultimate powers relating to naturalization, under the law.

Another case that was directly affected by this legislation was Takao Ozawa v. United States. Part of the justification for the courts decision to not allow Ozawa's attainment of citizenship was that, traditionally, only white persons were allowed citizenship. The Naturalization Act of 1906 does not specifically address the addition of any groups that may wish to attain American citizenship. The opinion specifically states:

"In all of the naturalization acts from 1790 to 1906 the privilege of naturalization was confined to white persons [260 U.S. 178, 193] (with the addition in 1870 of those of African nativity and descent), although the exact wording of the various statutes was not always the same. If Congress in 1906 desired to alter a rule so well and so long established it may be assumed that its purpose would have been definitely disclosed and its legislation to that end put in unmistakable terms."[10]

The decision goes on to deny that the common population could construe Ozawa, a man of Japanese descent, as white (thus, making him ineligible under section 2169 of the Revised Statutes of the United States).[11] Thus he could not be naturalized, under the current laws, in 1922.

Factors leading to passage of the law edit

Since 1802, states had been tasked with determining procedures for the American naturalization process.[12] State level courts were responsible for cases relating to naturalization. The standards across all the various states were often unique and carried out inconsistently. The 1906 legislation that established a uniform standard procedure was a direct reaction to the inconsistencies across the United States. Federal officials also distrusted state-level judges to handle the process properly. The federal government believed county judges were manipulating the naturalization process for their own electoral benefit.[13]

Another factor leading to its passage was initiated by the presidential administration of the time. The Roosevelt administration assembled a commission to examine the naturalization laws of the time, and to make recommendations on how to avoid the abuses that led to inappropriate granting of citizenship.[14] The lack of regulatory oversight regarding naturalization of foreigners was a topic that commanded concern for the Roosevelt administration. This commission went on to suggest an English literacy requirement for the naturalization of American citizens.[15] Additionally, the commission "recommended classifying and summarizing naturalization laws into a code (re-codification), the creation of a federal agency to oversee naturalization procedures, and standard forms for all U.S. naturalizations, including a form for the oath of allegiance."[16]

Future amendatory legislation edit

This legislation's establishment of the Bureau of Naturalization and Immigration was ended by the act of Nov. 25, 2002 (116 Stat. 2205) and its functions were transferred to Homeland Security Department.[17]

The Immigration Act of 1990 revised many of the naturalization requirements contained in the Naturalization Act of 1906. One alteration was an establishment of certain exceptions to the English language requirement.[18]

References edit

  1. ^ "Harvard Mirador Viewer". nrs.harvard.edu. Retrieved 23 July 2021.
  2. ^ Marian Smith, "History of the INS." N.p., n.d. Web. Accessed 29 Sept. 2013. http://www.uscitizenship.info/ins-usimmigration-insoverview.html
  3. ^ "Naturalization Oath of Allegiance to the United States of America." USCIS -. N.p., n.d. Web. 29 Sept. 2013. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1 2013-10-29 at the Wayback Machine a/?vgnextoid=facd6db8d7e37210VgnVCM100000082ca60aRCRD&vgnextchannel= dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD
  4. ^ William J. Olson & Alan Woll, "An Historical Examination of the English Literacy Requirement in the Naturalization of Aliens," One Nation Policy Paper Series, One Nation Indivisible Inc, (February, 2002): 4-5. To get this article online refer to http://www.lawandfreedom.com/site/special/English.pdf
  5. ^ Menchaca, Martha. Naturalizing Mexican Immigrants: A Texas History. Austin: University of Texas, 2011. Print. p. 315
  6. ^ "Certificate Files, September 27, 1906 - March 31, 1956." USCIS -. N.p., n.d. Web. 29 Sept. 2013. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1 2013-10-29 at the Wayback Machine a/?vgnextoid=80cc499275c47310VgnVCM100000082ca60aRCRD&vgnextchannel=b 5f56782d3c37310VgnVCM100000082ca60aRCRD
  7. ^ http://207.67.203.70/ELIBSQL17_U95007_Documents/Naturalization%20Laws%20 and%20Regulations/NatLR%201934.pdf
  8. ^ "Luria v. United States - 231 U.S. 9 (1913)." Justia US Supreme Court Center. N.p., n.d. Web. 29 Sept. 2013. http://supreme.justia.com/cases/federal/us/231/9/case.html
  9. ^ http://207.67.203.70/ELIBSQL17_U95007_Documents/Naturalization%20Laws%20 and%20Regulations/NatLR%201934.pdf
  10. ^ "FindLaw | Cases and Codes." FindLaw | Cases and Codes. N.p., n.d. Web. 29 Sept. 2013. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=260&invol=178
  11. ^ "FindLaw | Cases and Codes." FindLaw | Cases and Codes. N.p., n.d. Web. 29 Sept. 2013. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=260&invol=178
  12. ^ "U.S. Immigration and Naturalization Service - Populating a Nation: A History of Immigration and Naturalization - CBP.gov." U.S. Immigration and Naturalization Service - Populating a Nation: A History of Immigration and Naturalization - CBP.gov. N.p., n.d. Web. 29 Sept. 2013. http://www.cbp.gov/xp/cgov/about/history/legacy/ins_history.xml
  13. ^ Menchaca, Martha. Naturalizing Mexican Immigrants: A Texas History. Austin: University of Texas, 2011. Print. p. 210
  14. ^ William J. Olson & Alan Woll, "An Historical Examination of the English Literacy Requirement in the Naturalization of Aliens," One Nation Policy Paper Series, One Nation Indivisible Inc, (February, 2002): 4-5. To get this article online refer to http://www.lawandfreedom.com/site/special/English.pdf
  15. ^ William J. Olson & Alan Woll, "An Historical Examination of the English Literacy Requirement in the Naturalization of Aliens," One Nation Policy Paper Series, One Nation Indivisible Inc, (February, 2002): 4-5. To get this article online refer to http://www.lawandfreedom.com/site/special/English.pdf
  16. ^ "Naturalization Oath of Allegiance to the United States of America." USCIS -. N.p., n.d. Web. 29 Sept. 2013. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1 2013-10-29 at the Wayback Machine a/?vgnextoid=facd6db8d7e37210VgnVCM100000082ca60aRCRD&vgnextchannel= dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD
  17. ^ "Penn State University Libraries - Bureau of Immigration and Naturalization." Bureau of Immigration and Naturalization. N.p., n.d. Web. 29 Sept. 2013. http://www.libraries.psu.edu/psul/socialsciences/docdigiproj/immignatur.html
  18. ^ "Immigration Act of 1990." USCIS -. N.p., n.d. Web. 29 Sept. 2013. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1 2013-10-29 at the Wayback Machine a/?vgnextoid=84ff95c4f635f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b3 28194d3e88d010VgnVCM10000048f3d6a1RCRD[dead link]

External links edit

  • , by Ilene Kanfer Murray, St. Louis Genealogical Society. (Archive.org, July 8, 2011)

November 13, 2023
naturalization, 1906, united, states, congress, signed, into, theodore, roosevelt, that, revised, naturalization, 1870, required, immigrants, learn, english, order, become, naturalized, citizens, bill, passed, june, 1906, took, effect, september, 1906, repeale. The Naturalization Act of 1906 was an act of the United States Congress signed into law by Theodore Roosevelt that revised the Naturalization Act of 1870 and required immigrants to learn English in order to become naturalized citizens The bill was passed on June 29 1906 and took effect September 27 1906 It was repealed and replaced by the Nationality Act of 1940 It was modified by the Immigration Act of 1990 Naturalization Act of 1906Long titleA Bill to Establish a Bureau of Immigration and Naturalization and to Provide for the Naturalization of Aliens throughout the United StatesEnacted bythe 59th United States CongressEffectiveSeptember 27 1906CitationsPublic lawPub L Tooltip Public Law United States 59 338 Chap 3592Statutes at Large34 Stat 596CodificationActs amendedNaturalization Act of 1870Legislative historyIntroduced in the House as H R 15442 by Rep Benjamin Franklin Howell R NJ on February 22 1906 1 Committee consideration by United States House Committee on Immigration and NaturalizationPassed the House on June 5 1906 Passed the Senate on June 27 1906 Reported by the joint conference committee on June 28 1906 agreed to by the Senate on June 29 1906 and by the House on June 29 1906 Signed into law by President Theodore Roosevelt on June 29 1906The legislation established the federal government as the arbiter of naturalization policy It created the Bureau of Immigration and Naturalization which provided for the first uniform naturalization laws in the country Prior to 1906 an alien could be naturalized in any U S court of record State level naturalization courts managed proceedings and had varying standards across the country 2 After September 26 1906 naturalization could only be done in courts having a seal and a clerk and exerting universal competence Contents 1 Provisions and Effects 2 Factors leading to passage of the law 3 Future amendatory legislation 4 References 5 External linksProvisions and Effects editThe Act established standardized naturalization forms requiring inter alia verification of arrival thus names and details of wives and childrenIn addition section 15 of the Act defined the power of U S district attorneys to institute denaturalization proceedings in any court having jurisdiction to naturalize aliens for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured Generally the Basic Naturalization Act of 1906 addressed Roosevelt s commission s concerns with one specific recommendation that was not specifically addressed There was no specific form issued for the oath of allegiance as was recommended by the commission 3 Another recommended provision insisted that naturalized citizens be able to speak English The provision read That no alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English language Provided that this requirement shall not apply to aliens who are physically unable to comply therewith if they are otherwise qualified to become citizens of the United States 4 Through the centralization of all naturalization and immigration records the federal government was able to command more control over the naturalization process The centralization mandate produced a uniform process as well as causing the number of courts processing applications to fall throughout the country 5 This centralization also included the dispersal of standard naturalization documents following the law s enactment On September 27th of 1906 the United States Federal Naturalization Bureau began keeping copies of all American naturalization records The naturalization certificate files would come to be known as C Files 6 Additionally those who had acquired their citizenship on questionable legal grounds are now subject to additional scrutiny as a direct result of this law Section 15 clearly outlines the powers granted to U S attorneys towards prosecuting these cases with language giving a considerable amount of the burden of proof to defendants 7 This provision was quite encompassing thus promoting a number of prosecutions on the basis of fraudulent naturalization procedures The case of Luria v United States challenges this provision but it is deemed constitutional 8 Particularly significant about this legislation is that it clearly asserts greater federal jurisdiction over the naturalization process in America If the existence of the act on its own does not elicit that impression then Section 11 s assertion that the United States can appear before any court as it relates to naturalization proceedings makes it more explicit 9 This provision does not technically strip the states of any jurisdiction but it specifically asserts that the federal government holds the ultimate powers relating to naturalization under the law Another case that was directly affected by this legislation was Takao Ozawa v United States Part of the justification for the courts decision to not allow Ozawa s attainment of citizenship was that traditionally only white persons were allowed citizenship The Naturalization Act of 1906 does not specifically address the addition of any groups that may wish to attain American citizenship The opinion specifically states In all of the naturalization acts from 1790 to 1906 the privilege of naturalization was confined to white persons 260 U S 178 193 with the addition in 1870 of those of African nativity and descent although the exact wording of the various statutes was not always the same If Congress in 1906 desired to alter a rule so well and so long established it may be assumed that its purpose would have been definitely disclosed and its legislation to that end put in unmistakable terms 10 The decision goes on to deny that the common population could construe Ozawa a man of Japanese descent as white thus making him ineligible under section 2169 of the Revised Statutes of the United States 11 Thus he could not be naturalized under the current laws in 1922 Factors leading to passage of the law editSince 1802 states had been tasked with determining procedures for the American naturalization process 12 State level courts were responsible for cases relating to naturalization The standards across all the various states were often unique and carried out inconsistently The 1906 legislation that established a uniform standard procedure was a direct reaction to the inconsistencies across the United States Federal officials also distrusted state level judges to handle the process properly The federal government believed county judges were manipulating the naturalization process for their own electoral benefit 13 Another factor leading to its passage was initiated by the presidential administration of the time The Roosevelt administration assembled a commission to examine the naturalization laws of the time and to make recommendations on how to avoid the abuses that led to inappropriate granting of citizenship 14 The lack of regulatory oversight regarding naturalization of foreigners was a topic that commanded concern for the Roosevelt administration This commission went on to suggest an English literacy requirement for the naturalization of American citizens 15 Additionally the commission recommended classifying and summarizing naturalization laws into a code re codification the creation of a federal agency to oversee naturalization procedures and standard forms for all U S naturalizations including a form for the oath of allegiance 16 Future amendatory legislation editThis legislation s establishment of the Bureau of Naturalization and Immigration was ended by the act of Nov 25 2002 116 Stat 2205 and its functions were transferred to Homeland Security Department 17 The Immigration Act of 1990 revised many of the naturalization requirements contained in the Naturalization Act of 1906 One alteration was an establishment of certain exceptions to the English language requirement 18 References edit Harvard Mirador Viewer nrs harvard edu Retrieved 23 July 2021 Marian Smith History of the INS N p n d Web Accessed 29 Sept 2013 http www uscitizenship info ins usimmigration insoverview html Naturalization Oath of Allegiance to the United States of America USCIS N p n d Web 29 Sept 2013 http www uscis gov portal site uscis menuitem 5af9bb95919f35e66f614176543f6d1 Archived 2013 10 29 at the Wayback Machine a vgnextoid facd6db8d7e37210VgnVCM100000082ca60aRCRD amp vgnextchannel dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD William J Olson amp Alan Woll An Historical Examination of the English Literacy Requirement in the Naturalization of Aliens One Nation Policy Paper Series One Nation Indivisible Inc February 2002 4 5 To get this article online refer to http www lawandfreedom com site special English pdf Menchaca Martha Naturalizing Mexican Immigrants A Texas History Austin University of Texas 2011 Print p 315 Certificate Files September 27 1906 March 31 1956 USCIS N p n d Web 29 Sept 2013 http www uscis gov portal site uscis menuitem 5af9bb95919f35e66f614176543f6d1 Archived 2013 10 29 at the Wayback Machine a vgnextoid 80cc499275c47310VgnVCM100000082ca60aRCRD amp vgnextchannel b 5f56782d3c37310VgnVCM100000082ca60aRCRD http 207 67 203 70 ELIBSQL17 U95007 Documents Naturalization 20Laws 20 and 20Regulations NatLR 201934 pdf Luria v United States 231 U S 9 1913 Justia US Supreme Court Center N p n d Web 29 Sept 2013 http supreme justia com cases federal us 231 9 case html http 207 67 203 70 ELIBSQL17 U95007 Documents Naturalization 20Laws 20 and 20Regulations NatLR 201934 pdf FindLaw Cases and Codes FindLaw Cases and Codes N p n d Web 29 Sept 2013 http caselaw lp findlaw com cgi bin getcase pl court us amp vol 260 amp invol 178 FindLaw Cases and Codes FindLaw Cases and Codes N p n d Web 29 Sept 2013 http caselaw lp findlaw com cgi bin getcase pl court us amp vol 260 amp invol 178 U S Immigration and Naturalization Service Populating a Nation A History of Immigration and Naturalization CBP gov U S Immigration and Naturalization Service Populating a Nation A History of Immigration and Naturalization CBP gov N p n d Web 29 Sept 2013 http www cbp gov xp cgov about history legacy ins history xml Menchaca Martha Naturalizing Mexican Immigrants A Texas History Austin University of Texas 2011 Print p 210 William J Olson amp Alan Woll An Historical Examination of the English Literacy Requirement in the Naturalization of Aliens One Nation Policy Paper Series One Nation Indivisible Inc February 2002 4 5 To get this article online refer to http www lawandfreedom com site special English pdf William J Olson amp Alan Woll An Historical Examination of the English Literacy Requirement in the Naturalization of Aliens One Nation Policy Paper Series One Nation Indivisible Inc February 2002 4 5 To get this article online refer to http www lawandfreedom com site special English pdf Naturalization Oath of Allegiance to the United States of America USCIS N p n d Web 29 Sept 2013 http www uscis gov portal site uscis menuitem 5af9bb95919f35e66f614176543f6d1 Archived 2013 10 29 at the Wayback Machine a vgnextoid facd6db8d7e37210VgnVCM100000082ca60aRCRD amp vgnextchannel dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD Penn State University Libraries Bureau of Immigration and Naturalization Bureau of Immigration and Naturalization N p n d Web 29 Sept 2013 http www libraries psu edu psul socialsciences docdigiproj immignatur html Immigration Act of 1990 USCIS N p n d Web 29 Sept 2013 http www uscis gov portal site uscis menuitem 5af9bb95919f35e66f614176543f6d1 Archived 2013 10 29 at the Wayback Machine a vgnextoid 84ff95c4f635f010VgnVCM1000000ecd190aRCRD amp vgnextchannel b3 28194d3e88d010VgnVCM10000048f3d6a1RCRD dead link External links editNaturalization Information for Genealogists by Ilene Kanfer Murray St Louis Genealogical Society Archive org July 8 2011 Retrieved from https en wikipedia org w index php title Naturalization Act of 1906 amp oldid 1156218722, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.