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7PCITIZENSHIPANDNATURALIZATION1700sto1800.pptxHISTORY OF CITIZENSHIP & IMMIGRATION
IMMIGRANTS
CITIZENSHIP
NATURALIZATION
CITIZENSHIP IN THE US
US CITIZENSHIP RULES
CITIZENSHIP IN THE UNITED STATES
ALL COUNTRIES Divide the people living within their boundaries as those who ARE CITIZENS AND those who ARE NOT CITIZENS. Those who ARE NOT CITIZENS ARE NONCITIZENS
IN THE UNITED STATES We have several Categories:
CITIZENS
Almost Everyone Born on US SOIL IS A CITIZEN Regardless of their Parent’s Citizenship OR IMMIGRATION STATUS (The Exception is Children born to Foreign Diplomats)
A Child born to US Parents OUTSIDE THE US MAY ALSO BE A CITIZEN (Must have at least one US Citizen Parent but only if the citizen parent fulfills a US Residency Requirement)
HOW TO BECOME A CITIZEN:
A. A NONCITIZEN MUST FIRST BECOME A PERMANENT RESIDENT,
B. THEN After Waiting a Period of generally 5 YEARS, AND Satisfying Other Requirements
C. He/She/They May Become A CITIZEN by a PROCESS Called NATURALIZATION
In 2003 approximately 11.5 Million PERMANENT RESIDENTS LIVED IN THE US
About 7.9 MILLION OF THEM HAD LIVED HERE LONG ENOUGH TO BECOME A CITIZEN THROUGH NATURALIZATION
ONLY 60% of Those who had been here long enough CHOSE TO BECOME NATURALIZED—An Average of About 550,000 NEW US CITIZENS EACH YEAR FROM 1991-2004
CITIZENSHIP BY NATURALIZATION
NATURALIZATION CEREMONY
CITIZENSHIP IN THE UNITED STATES
NONCITIZENS
NONCITIZENS which our FEDERAL GOVERNMENT terms as “ALIENS” (This is a Derogatory Term)
PERMANENT RESIDENTS ARE NONCITIZENS Admitted to the US for an Indefinite period of time: GREEN CARDS
Under Current Law: LAWFUL IMMIGRANTS PAY TAXES, BUT Many Rules limit their eligibility for public benefits
PERMANENT RESIDENTS ARE NOT CITIZENS
NONCITIZENS
HISTORY OF CITIZENSHIP
THE EUROPEANS: THE ENGLISH IMMIGRANT COLONIES 1607-1783 BRITISH COLONIAL CITIZENSHIP & NATURALIZATION POLICIES
THE FLEDGLING US CONGRESS AND THE EXCUTIVE BRANCH CONTROL CITIZENSHIP AND IMMIGRATION
IMMIGRANTS WERE “CITIZENS IN WAITING” FROM 1700s TO THE EARLY 1900s
CITIZENSHIP IN ENGLISH IMMIGRANT COLONIES 1607-1783
BRITISH CITIZENSHIP & NATURALIZATION
CITIZENSHIP IN THE ENGLISH IMMIGRANT COLONIES 1607-1783 BRITISH CITIZENSHIP & NATURALIZATION
1600s English Common Law viewed English persons and their children IN THE COLONIES as full subjects of the British King MAKING THEM COLONIAL CITIZENS
English common law was less clear on the status of FOREIGN IMMIGRANTS IN THE COLONIES,
faced a difficult naturalization process to obtain the same legal rights inhered to natural-born English and their descendants
The Legal Connection between England and the American Colonies in the COLONIAL CHARTERS
PROBLEMS BETWEEN THE TWO LEGISLATURES BRITISH OVERLORD AND COLONIAL CHARTERS
CONFLICTING LAWS FOR NATURALIZATION WHO HAD THE RIGHT/RESPONSIBILITY?
MANY LOCAL CHARTERS LOOKED AT FOREIGN IMMIGRANTS AS “CITIZENS IN WAITING’
Private naturalization before Parliament afforded the highest legal status a Foreign Immigrant could obtain in the colonies. However, it was an expensive process, costing applicants upwards of 50 pounds during the 1670s.
CITIZENSHIP IN ENGLISH IMMIGRANT COLONIES 1607-1783 BRITISH CITIZENSHIP & NATURALIZATION
BRITISH CITIZENSHIP AND NATURALIZATION LAWS
1663 the Linen Cloth Act 1663 Naturalization started to favoring categories of Immigrants who might prove of particular benefit to the British Empire and the American Colonies
1708 Parliament passed the Foreign Protestants Naturalization Act of 1708 was The first general naturalization law, providing a simple administrative process for obtaining naturalization
The act Required Declarations of Allegiance and Supremacy from Foreign-born Immigrants and, similar to the private naturalization process, imposed tests to restrict Non-Protestant applicants.
One key innovation of the statute was to drastically LOWER THE COST/FEE of the application fee to just one shilling
Political Opposition to British liberal immigration policies led to the act’s eventual REPEAL in 1712, though the repeal did not invalidate naturalizations that had already been granted. [
1740: The English Parliament enacted the Naturalization Act, which conferred British citizenship on alien colonial immigrants in an attempt to encourage Jewish immigration.
The Plantation Act 1740 REPLACED the Private Naturalization process in which Foreign-born Immigrants in the colonies had to travel to London to appeal on a case-by-case basis.
After 1740, Foreign-born Immigrants could locally apply for naturalization within the colonies so long as they had resided there for SEVEN YEARS or more, without being absent more than two consecutive months.
Further, the Act encompassed ALL of British America as opposed to the previous policy of only conferring subjectship within the colony from which it was requested.
The Act also capped the application cost at two shillings,and required applicants to take an oath of allegiance to the Crown and profess their Protestant belief in open court.
CITIZENSHIP & IMMIGRATION IN THE FLEDGLING US
US GOVERNMENT: UNDER THE ARTICLES OF CONFEDERATION (1780s)
US GOVERNMENT: UNDER THE US CONSTITUTION (1790s)
THE FLEDGLING US AS A NATIONAL UNIT & US IMMIGRATION LAWS
1780’s, the nation was governed under the Articles of Confederation, the future of the independent country seemed too insecure to encourage new immigration
1789 The US Constitution The Nation became more stable but lacked significant immigration
1. The US Constitution does not mention Immigration (The Framers never mention it explicitly)
2. The US Constitution authorizes Congress “to establish a uniform Rule of Naturalization”
3. Immigration was part of daily life as European newcomers came and slaves were brought against their will
4. Immigration and citizenship were important issues from the very beginning of the nation and that immigration and citizenship law reflected an evolving sense of who belonged and who did not
5. Two earliest Federal statutes—
a.1798 as a part of The Alien and Sedition Acts would be understood as Immigration Law The Alien FRIENDS ACT (reflected fear of foreign influences after the French Revolution). Authorized the President To Order ANY “ALIEN” “dangerous to the peace and safety of the US” to leave the country without a hearing—it expired after 2 years without being extended.
b. 1798—The Alien Enemies Act—remains on the books today and provides that “Natives, Citizens, Denizens, or Subjects” of enemy nations upon presidential proclamation during declared wartime are “liable to be apprehended, restrained, secured, and removed as alien enemies” without a hearing”
CITIZENSHIP IN EARLY US AND IMMIGRATION
“White People of ‘Good Character” Granted Citizenship
1790 Naturalization Act
Any Free White Person of “good character” who has been living the US for TWO YEARS or Longer can apply for Citizenship
Without citizenship, Nonwhite residents are denied basic constitutional protections including the right to vote, own property, or testify in court.
IMMIGRANTS WERE CITIZENS IN WAITING
For much of its History, the US treated LAWFUL IMMIGRANTS AS FUTURE CITIZENS AND IMMIGRANION AS A TRANSITION TO CITIZENSHIP.
1795-1952—Every Application for NATURALIZATION had to File a “DECLARATION OF INTENT” Several years in Advance giving THE NONCITIZEN A PRE-CITIZENSHIP STATUS.
The HOMESTEAD ACT OF 1862—the key to settling the western frontier made Noncitizens eligible for grants of land once they filed declaration of Intent to become a Citizen
The US government sometimes extended diplomatic protection to INTENDING CITIZENS who got into trouble overseas
Until the early 20th century many INTENDING CITIZENS COULD VOTE
CITIZENSHIP: CONCEPT OF IMMIGRANTS AS TRANSITIONING TO CITIZENSHIP “AMERICANS IN WAITING” 1795-1952
TEXTBOOK: AMERICANS IN WAITING: THE LOST STORY OF IMMIGRATION AND CITIZENSHIP IN THE UNITED STATES by Hiroshi Motomura, published by Oxford University Press, 2006
TO NATURALIZE = TO BECOME A CITIZEN as opposed to BEING BORN A CITIZEN
Origins of the word come from a time when Divine Will and Natural Law were thought to explain why someone was born a subject of one worldly Ruler or Another
The Drafters of the US Constitution gave CONGRESS THE POWER TO ENACT A UNIFORM RULE OF NATURALIZATION Rather than leave it up to the States
CITIZENSHIP LAWS—especially Naturalization Laws drew more Federal Attention than Direct Control over Admission of Immigrants
IN THE EARLY YEARS, NATURALIZATION
Required only a Short period of RESIDENCE Meaning that the US was willing to Admit Immigrants-OR At Least CERTAIN ONES = 1790 ALLOWED ONLY “FREE WHITE PEOPLE” to Become Citizens in “Any Common Law Court of Record in Any of the States” IF they had RESIDED in the US for TWO YEARS, were of Good Character, and took and OATH TO SUPPORT THE US CONSITUTION
CITIZENSHIP: CONCEPT OF IMMIGRANTS AS TRANSITIONING TO CITIZENSHIP “AMERICANS IN WAITING” 1795-1952
1795 Congress Increased THE Qualifying Residency Period from Two to Five Years AND Adopted a Requirement of Special Interest Here.
Three Years before Applying for Naturalization, Every Applicant had to File “FIRST PAPERS.” This term referred to DECLARATION OF INTENT TO BECOME A US CITIZEN which could be Filed at any time after Arrival.
THE DECLARATION Served An ADMINISTRATIVE FUNCTION by Allowing an Early Review of Eligibility in the form of an Examination under Oath bye the Clerk of the Court.. However, a Declaration did NOT mean that the Immigrant was OBLIGATED TO FINALIZE HIS STEPS TO CITIZENSHIP
1798 NATURALIZATION ACT increased the Qualifying Residency Period to 14 years and Required a DECLARATION OF INTENT 5 years before Naturalization
CHANGES
1802 CONGRESS generally restored the More lenient 1795 plan including 5 year qualifying Residency with a Declaration 3 years in advance
1824 The Declaration had to be filed only 2 years in advance—Congress began to relax the Requirement with Exception
A DECLARATION OF INTENT IN ADVANCE WAS A PREREQUISITE FOR NATURALIZATION FROM 1795 UNTIL 1952 When it became Optional.
NONCITIZENS WHO FILED A DECLARATION OF INTENT TO BECOME A CITIZEN—“INTENDING CITIZENS” ENJOYED A FAVORED STATUS—SOMETHING CLOSE TO CITIZENSHIP.
NEW ARRIVALS WERE ELIGIBLE TO DECLARE THEIR INTENT TO BECOME CITIZENS EMBODIED THE EXPECTATION OF CITIZENSHIP
To be Eligible for Citizenship was an enormously significant barrier as long as naturalization was Racially Restricted.
For White Immigrants and AFTER 1870 The Few Immigrants who were BLACK—the DECLARATION CONVEYED A SPECIAL STATUS THAT SHOWED HOW THE IDEA OF AMERICANS IN WAITING WAS CENTRAL TO THINKING ABOUT IMMIGRATION AND CITIZENSHIP
CITIZENSHIP: CONCEPT OF IMMIGRANTS AS TRANSITIONING TO CITIZENSHIP “AMERICANS IN WAITING” 1795-1952
ONE SIGN OF THE CONCEPT OF “AMERICANS IN WAITING” WAS THE PRACTICE OF ALLOWING INTENDING CITIZENS TO VOTE which Occurred until the early 1900s
NONCITIZEN VOTING began in the late 1700s when giving some Male Immigrants the Right to Vote was Consistent with the US desire to attract European Immigrants
Noncitizen Voting declined with the change of Immigrants—non-Anglo-Saxons
AFRICAN AMERICANS & THE CONCEPT OF MIXED-RACE
Before the US civil war, free people of mixed race (free people of color) were considered legally white if individuals had less than one-eighth or one-quarter African ancestry (depending on the state)
Many mixed-race people were absorbed into the majority culture based simply on appearance, associations, and carrying out community responsibilities.
The one-drop rule was not adopted as law until the 20th century: first in Tennessee in 1910 and in Virginia under the Racial Integrity Act of 1924 (following the passage of similar laws in several other states)
In 20th-century America, the concept of the one-drop rule has been primarily applied by white Americans to those of sub-Saharan black African ancestry, when some whites were trying to maintain some degree of overt or covert white supremacy.
Today there are no enforceable laws in the US. in which the one-drop rule is applicable.
The concept remains pervasive.
Some African Americans claim to be people of African descent to strengthen their political unity when working on activism for civil rights and legislation.
Some white people associate bi-racial children with Only the non-white ancestry of the individual.
1790 CENSUS
1790 First US Census
The English were the largest ethnic group among the 3.9 million people counted
One in Five Americas were of African ethnicity
The “Three-Fifths Clause” any person who was not free would be counted as three-fifths of a free individual for the purposes of determining congressional representation. The "Three-Fifths Clause" thus increased the political power of slaveholding states by giving them more representatives and electoral votes based on total numbers but only whites could vote or hold office.
Free Blacks were not subject to the compromise and counted as one full citizen for representation
The 13th Amendment of 1865 effectively gutted the three-fifths compromise by outlawing the enslavement of Black people. But when the 14th Amendment was ratified in 1868, it officially repealed the three-fifths compromise
Until the early 1800s, the new federal government was content to leave control over immigration policy to the individual states.
IMMIGRATION TO THE US SINCE 1790
WHY EMIGRATE? WHY IMMIGRATE? To the US
PUSH-PULL FACTORS
PUSH FACTORS?
Problems in the home European country And/Or Problems in the Surrounding European Countries
PULL FACTORS?
Economic opportunities in the new nation
Settlement of New Regions (Rural) AND helping to Build the US Infrastructure (Urban)
PUSH-PULL FACTORS IN THE 16TH -18TH CENTURIES
EXAMPLES OF PUSH-PULL FACTORS
16TH CENTURY
Exploration and Extending the Claims of lands of the Mother Country (Spanish, French, Norse)
17TH CENTURY
DUTCH Rural Farming lands and Urban Entrepreneurship and Shipping established New Netherland (present-day New York)
Religious Freedom (ENGLISH Pilgrims, Puritans, Catholics, Sephardic Jews from Spain & Portugal, French Huguenots)
ENGLISH Indentured Servants—Looking for personal land or businesses
AFRICAN Involuntary Slaves
18TH CENTURY
1790s ENGLISH RADICALS
1790s IRISH OPPOSED TO ENGLISH RULE arrived in the US
1789 THE FRENCH REVOLUTION brought new French arrivals
1700s ENGLISH Debtor & Prisoner Removal
AFRICAN Involuntary Slaves
PUSH PULL FACTORS IN THE 19TH CENTURY
EXAMPLES OF PUSH-PULL FACTORS
19TH CENTURY
1800s AFRICAN Involuntary Slaves
1804 Other French-speaking immigrants fled slave uprisings in Haiti and other West Indies colonies around the same time many of whom settled in Louisiana
1812-1814 War of 1812 Emigration from Europe to the US Difficult due to British vs. US War (1820s fewer than 500,000 New Immigrants arrive in the US
1816-1817 Germans from Southwestern Germany left their homeland due to Famine caused by poor harvests
1840s German Jews left Germany because of persecution, restrictive laws, economic hardship, and the failure of movements to reform the governments.
1848 Irish Left their homeland due to the Potato Famine caused by the potato crop
1850s—1882 Chinese Immigrants to work in California as Miners, In the West a Railroad workers
1880-1924 European Jews left their homelands in Europe because of Economic hardship, Persecution, AND the great social and political upheavals caused by Industrialization, Overpopulation, AND Urbanization--millions left Europe to go to the "Golden Land" of America.
