Naturalization Act of 1795

The United States Naturalization Act of January 29, 1795 (1 Stat. 414) repealed and replaced the Naturalization Act of 1790. The main change by the 1795 Act from the 1790 Act was the increase in the period of required residence in the United States before an alien can be naturalized from two to five years, and the introduction of the Declaration of Intention requirement, or "first papers", which created a two-step naturalization process.

Declaration of Intention for Albert Einstein.

The Act also omitted the term "natural born" in the characterisation of children born outside the US to US parents.[1] The Act repeated the limitation in the 1790 Act that naturalization was reserved only for "free white person[s]." It also changed the requirement in the 1790 Act of "good character" to read "good moral character."

Pre-1795

Before 1795, naturalization law was governed primarily by the Naturalization Act of 1790.

Provisions

Immigrants ("aliens") intending to naturalize had to go to their local court and declare their intention at least three years prior to their formal application. In the declaration, the applicant would also indicate his understanding that upon naturalization he would take an oath not only of allegiance to the United States but also of renunciation of his former sovereign. In addition to the declaration of intention and oath of renunciation, the 1795 Act required all naturalized persons to be "attached to the principles of the Constitution of the United States" and be "well disposed to the good order and happiness of the same."

The Act removed the characterization of children born outside the US to US citizen parents as "natural born citizens", providing instead that such children "shall be considered as citizens of the United States".[1][2]

Post-1795

The 1795 Act was superseded by the Naturalization Act of 1798, which itself was repealed by the Naturalization Law of 1802, and the provisions of the 1795 Act were mainly restored.

References
  1. "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875". rs6.loc.gov.
  2. Naturalization Act of 1795
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