Timeline of US Naturalization Law/Civics Exam

June 2015

Sarai Martinez-Suazo

Introduction

Throughout the history of the United States of

America, laws concerning immigration and

naturalization have changed drastically. The following is

a timeline of these changes made in the last three

centuries. This timeline (bold text) is not a

comprehensive account of all changes made regarding

immigration law, but instead it focuses on the origins of

the US citizenship exam (underlined text) as it is today

for the refugees and immigrants. However, it will note

some important events in naturalization history and

refugees, such as the 14

Amendment and the Refugee

Act of 1980.

Timeline

The first official Naturalization Law was passed on

March 26, 1790. In this law it was stated that any white

person above 21 years old residing in the US for two or

more years could petition for citizenship in common law

court. In 1795 the residence time was extended to five

years. It required that the applicant prove to the court

through two signed affidavits of US citizen witnesses

with personal knowledge of the applicant, stating that

the applicant had resided in the United States for at least

5 years and “possessed a good moral character.” He or

she was then required to recite an oath of allegiance to

the USA. Citizenship records prior to 1790 are

extremely rare mainly due to the lack of documentation

and non-uniformity of the proceedings held in local

courts overseen by local judges.

From 1790 to 1802, there were many fluctuating

changes made to the requirements for naturalization

depending on the contemporary social climate towards

immigration. For example, in the 1798 “Alien and

Sedition Acts,” as the US entered into a war with France,

the residency requirement increased from five to 14

years as a means of deterring immigrants in a

xenophobic social climate. However, these new

requirements ended up being very unpopular, and were

repealed in 1802.

The Naturalization Act of 1802 repealed the

previous act and returned residency requirement to five

years. Furthermore, it required that prospective citizens

give three years’ notice of intent, renounce previous

citizenship, swear or affirm support of the Constitution,

renounce all titles of nobility, and, as before,

demonstrate themselves to be of “good moral character.”

In 1868, African Americans gained citizenship with

the 14th Amendment to the Constitution.

Prior to 1906, the proceedings for naturalization

since 1802 were as follows: one must give notice of

intent for citizenship for a certain number of years, then

present to the court with documentation of identification

and “proof of good moral character” (be it through

witness reports or participation in the community), and

finally recite the oath of allegiance to the United States

of America. The general gist of the oath was as follows:

"I, ...shall...declare, on oath...that he will support the

Constitution of the United States, and that he absolutely

and entirely renounces and abjures all allegiance and

fidelity to every foreign prince, potentate, state, or

sovereignty; and, particularly, by name, to the prince,

potentate, state, or sovereignty of which he was before a

citizen or subject; which proceedings shall be recorded

by the clerk of the court."

In 1906, Congress passed “An Act To Establish A

Bureau Of Immigration And Naturalization, And To

Provide For A Uniform Rule For The Naturalization Of

Aliens Throughout The United States.”

This, as its title

explains, created a more uniform procedure for

naturalization. In terms of changes to the exam, this was

the first time knowledge of English became a basic

requirement.

Gradually, starting with the Act of 1906, judges

were allowed to ask questions regarding US history and

civics, though documentation of the actual questions

asked is uncommon. Also, there was no specific question

list, and many times judges could use this portion of the

process to ask impossible questions as a means of failing

the applicant. Questions like “How high is the Bunker

Hill monument?” were slowly phased out throughout the

1930s.

The Immigration Act of 1917 implemented the first

ever required literacy test. Immigrants over 16 years old

were now required to demonstrate basic reading

comprehension in any language. This was done as a

means of deterring immigrants from getting citizenship.

In addition to changes in the exam, this Act increased

the tax paid by new immigrants upon arrival and allowed

immigration officials to exercise more discretion in

making decisions over whom to exclude. The changes in

this Act came as a result of post-WWI social climate and

led into the changes made in the Act of 1924.

In 1924, an Act imposed immigration quotas for

entrance into the US. Thus, in addition to the literacy

test, Congress began using quotas as a means of

stemming the immigrant tide. The quotas were 2% of

each nationality based on numbers in the US in 1890.

These annual quotas continued until their repeal in 1965.

Despite protests from many native people, this act also

gave citizenship to Native Americans. It also established

the first Border Patrol.

In 1929, the first official standard text for the oath of

allegiance was created, with only minor changes over the

next 85 years. It went as follows:

“I hereby declare, on oath, that I absolutely and

entirely renounce and abjure all allegiance and fidelity

to any foreign prince, potentate, State, or sovereignty,

and particularly to __________ of who (which) I have

heretofore been a subject (or citizen); that I will support

and defend the Constitution and laws of the United

States of America against all enemies, foreign and

domestic; that I will bear true faith and allegiance to the

same; and that I take this obligation freely without any

mental reservation or purpose of evasion: So help me

God. In acknowledgment whereof I have hereunto

affixed my signature.”

On June 10, 1933, the Immigration and

Naturalization Service (INS) was established to oversee

all naturalization of immigrants.

The Nationality Act of 1940 sought to further clarify

requirements for aliens seeking U.S. citizenship.

Although sex and marital status could not be considered

in denying eligibility, specifications concerning

race/ethnicity, as well as basic verbal English

proficiency and residency requirements were outlined.

In regards to refugee legislation, the “Displaced

Persons” Act of 1948 allowed 205,000 refugees over

two years. It specifically gave priority to Baltic States

refugees who were admitted as quota immigrants.

Certain aspects of the law discriminated against

Catholics and Jews; those were dropped in 1953, at

which point 205,000 refugees were accepted as non-

quota immigrants. This number was increased to admit

200,000 above the existing limit in 1953. These numbers

continued to fluctuate over the next few decades.

Throughout the 1950s, major refugee admissions

occurred outside the national origins quota system. In

the Immigration and Naturalization Act of 1952,

immigrants were required to demonstrate an

understanding of the English language and knowledge

and understanding of the fundamentals of the history,

and of the principles and form of government, of the

United States. At this point, the exam was still primarily

oral, but now knowledge of U.S. history and civics

became an explicit requirement for naturalization.

Finally, in 1965, the national origins quota system

was abolished. However, still deep in the Cold War, the

US continued to limit the number of refugees and

immigrants coming from the Eastern “communist”

hemisphere. It also established a 7-category preference

system applied to the Eastern hemisphere that favored

close relatives of US citizens and permanent resident

aliens, those with needed occupational skills, and

refugees.

The Refugee Act of 1980 removed refugees from the

7-part preference categories that had been established in

1965. It also reduced its worldwide ceiling for

immigration to 270,000. It redefined refugees as “an

individual unable or unwilling to return to his or her

country based on a well-founded fear of persecution on

account of race, religion, nationality, membership of a

particular social group, or political affiliation.” In doing

so, the United States definition of refugee was now in

accordance with the international regulations for

refugees created in the 1951 UN Convention.

These

amendments made provision for both a regular flow and

the emergency admission of refugees, following

legislatively prescribed consultation with Congress. In

addition, the law authorized federal assistance for the

resettlement of refugees. It permitted the executive

branch of government in consultation with Congress to

set a ceiling to the number of refugees admitted into the

United States each year. It also established the modern

asylum system.

The Immigration Act of 1990 established an

administrative procedure for naturalization and ended

judicial naturalization. In other words, only Federal

Naturalization Examiners could now grant or deny

naturalization petitions.

In an amendment in 1994, the “Immigration and

Nationality Technical Corrections Act,” certain

exceptions to the naturalization educational requirements

were defined. Now those applicants who could not meet

the requirements for the exam because of a medical

disability could still be granted citizenship if he/she

provided a medical waiver signed by their physician. It

read as follows:

“(a) No person except as otherwise provided in this

title shall hereafter be naturalized as a citizen of the

United States upon his own application who cannot

demonstrate- (1) an understanding of the English

language, including an ability to read, write, and speak

words in ordinary usage in the English language:

Provided, That the requirements of this paragraph

relating to ability to read and write shall be met if the

applicant can read or write simple words and phrases to

the end that a reasonable test of his literacy shall be

made and that no extraordinary or unreasonable

conditions shall be imposed upon the applicant; and (2)

a knowledge and understanding of the fundamentals of

the history, and of the principles and form of

government, of the United States.”

Congress also amended the exceptions to the English

requirement based on age and residence that are current

today: “50/20” and “55/15” exceptions (see “The Exam”

below).

In 1997, INS recruited Coopers and Lybrand, an

IBM Business Consulting Service, to study the

naturalization process. Over the next few years, their

results found no standard naturalization test content,

testing instruments, test protocols, or scoring system.

With this, INS started an initiative to standardize the

exam.

On March 1

2003, U.S. Citizenship and

Immigration Services (USCIS) assumed responsibility

for the immigration service functions of the federal

government, replacing INS.

On October 1, 2008, USCIS made the current

iteration of the exam required everywhere in the US.

This is now a fully standardized 4 part exam. According

to the then Chief of the Office at USCIS, Alfonso

Aguilar:

"It's no longer a test about how many stars are on

the flag or how many stripes…It's a test that describes

and captures the applicant's knowledge of those aspects

of American history, society and civics that they will one

day be raising their hands to support."

They Became American: Finding Naturalization Records and Ethnic Origins

by Loretto Dennis Szucs of Ancestry.com

Bolger, E. (2013). “Background History Of The United States

Naturalization Process.”

http://www.socialwelfarehistory.com/?p=8694.

The American Journal of International Law, Vol. 1, No. 1,

Supplement: Official Documents. January 1907. Published by

American Society of International Law. http://www-

rohan.sdsu.edu/dept/polsciwb/brianl/docs/1906naturalizationact.

pdf

United States Citizenship and Immigration Services (USCIS)

“Origin of Naturalization Exam”: http://www.uscis.gov/

Calavita, Kitty. US Immigration Law and the Control of Labor:

1820-1924. London, Orlando: Academic Press, 1984.

http://www.uscis.gov/us-citizenship/naturalization-

test/naturalization-oath-allegiance-united-states-america

“The Refugee Convention, 1951: The Travaux préparatoires” analyzed with

a Commentary by Dr. Paul Weis http://www.unhcr.org/4ca34be29.html

Office of Refugee Resettlement “The Refugee Act”

http://www.acf.hhs.gov/programs/orr/resource/the-refugee-act

“Immigration and Nationality Technical Corrections Act of 1994.”

https://www.law.cornell.edu/uscode/text/8/1423

Department of Homeland Security Office of Inspections and Special

Reviews. “Letter Report: Citizenship Test Redesign.” June 14 2005.

http://www.dhs.gov/immigration-statistics

USCIS press release Sept 27, 2007:

http://www.uscis.gov/sites/default/files/files/pressrelease/natzrndtbl_72sep0

7.pdf

USCIS released a video in 2010 on the process of Naturalization that can be found at the following link:

“The Citizenship Interview and Test” https://youtu.be/SDb9_CqPUTQ

The Exam 2015

1) Speaking

 Must answer normal naturalization questions

 USCIS Officer will repeat and rephrase questions to

ensure applicant full English understanding

2) Reading

 Must read 1 out of 3 sentences in English

 Must be done in a way that Officer believes

applicant understands meaning of sentence

 Gets 3 tries, if cannot read one sentence can try the

next one

 Applicants cannot be failed because of their accent

when speaking English.

Pass:

 Reads one sentence without extended pauses

 Reads all content words but may omit short

words that do not interfere with meaning

 May make pronunciation or intonation

errors that do not interfere with meaning

Fail:

 Does not read the sentence

 Omits a content word or substitutes another

word for a content word

 Pauses for extended periods of time while

reading the sentence

 Makes pronunciation or intonation errors

that interfere with meaning

3) Writing

 Must write 1 out of 3 sentences that are dictated to

them by USCIS Officer

 Must be done in a way that Officer understands

meaning of sentence

 Gets 3 tries, if cannot read one sentence can try the

next one

 An applicant cannot be failed because of spelling,

capitalization, or punctuation errors unless the errors

would prevent understanding the meaning of the

sentence.

Pass:

 Has the same general meaning as the

dictated sentence

 May contain some grammatical, spelling,

punctuation, or capitalization errors that do

not interfere with meaning

 May omit short words that do not interfere

with meaning

 Numbers may be spelled out or written as

digits

Fail:

 Writes nothing or only one or two isolated

words

 Is completely illegible

 Writes a different sentence or words

 Written sentence does not communicate the

meaning of the dictated sentence

 Writes an abbreviation for a dictated word

4) Civics

 Up to 10 questions from 100 provided on website in

English

 Must get 6 out of 10 correct to pass

Exceptions:

 “50/20” exception: Age 50 or older at the time of

filing for naturalization and have lived as a

permanent resident (green card holder) in the United

States for 20 years

 “55/15” exception: Age 55 or older at the time of

filing for naturalization and have lived as a

permanent resident in the United States for 15 years

 If eligible for exception: Still must take civics test

but may be done in their own native language with

an interpreter if necessary

Accommodations:

 For those with medical disabilities

 Patient’s Doctor must:

 Conduct an in-person examination of the

applicant;

 Explain the nature and extent of the medical

condition on Form N-648;

 Explain how the medical condition relates to the

applicant’s inability to comply with the English

and civics requirements;

 Attest that the medical condition has lasted or is

expected to last at least 12 months;

 Attest that the cause of the medical condition is

not related to the illegal use of drugs

 Must complete the disability exception form

using common terminology that a person

without medical training can understand