Simone Lawson
The U.S. Constitution, adopted in 1789, provides a broad framework for immigration policy and naturalization, empowering Congress to establish uniform rules for citizenship. While it doesn't specify the details of immigration policy, it grants Congress the authority to create laws that align with constitutional principles, such as those in the Bill of Rights and the Fourteenth Amendment. The Fourteenth Amendment, ratified in 1868, expanded citizenship rights, stating that all individuals born or naturalized in the U.S. are citizens, regardless of their parents' status. This amendment repudiated the Supreme Court's racist decision in Dred Scott v. Sandford (1857), which excluded people of African descent from citizenship based solely on their race. The Constitution also allows naturalized citizens to hold government offices, except for the presidency, which is reserved for natural-born citizens.
| Characteristics | Values |
|---|---|
| Authority to make immigration policy | Congress |
| Legal means for challenges to policy | Supreme Court |
| Who can serve as President | Natural-born citizens or citizens at the time of the Constitution's adoption |
| Uniform standard for naturalization | Yes |
| Basis of citizenship | Jus soli (right of the soil) |
| States' control over naturalization | Limited by federal government |
| Citizenship for African Americans | Not granted in states that permitted slavery |
| Citizenship for all | Regardless of parents' status |
| Citizenship for same-sex parents' children | Yes |
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What You'll Learn
The Fourteenth Amendment and citizenship
The Fourteenth Amendment, adopted on July 9, 1868, addresses many aspects of citizenship and the rights of citizens. The Citizenship Clause, the first sentence of the amendment, states:
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
This clause reversed the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States and could not enjoy any of the privileges and immunities of citizenship. The Fourteenth Amendment also repudiated the notion that people of African descent were permanently excluded from eligibility for United States citizenship based solely on their race.
The Fourteenth Amendment's citizenship clause was drafted in response to concerns about the citizenship status of certain individuals, including those born to temporary visitors or those of African descent. The common-law doctrine of citizenship by birth, also known as "jus soli," was embraced by the United States before the adoption of the Fourteenth Amendment. According to this doctrine, anyone born within the country's borders was considered a citizen. However, the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. There are specific categories of individuals born in the United States to whom citizenship does not automatically extend. For example, if a person's mother was unlawfully present in the country at the time of their birth, or if their mother's presence was lawful but temporary and the father was not a US citizen or permanent resident, that person may not be considered a citizen.
The Fourteenth Amendment also addresses the rights of citizens, including the "equal protection of the laws" clause, which has been litigated in landmark cases such as Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts). The amendment also specifies that no state shall make or enforce any law that abridges the privileges or immunities of US citizens or deprives them of life, liberty, or property without due process.
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Immigration and naturalization laws
The U.S. Constitution, adopted in 1789, forms the basis of legal authority in the country and empowers Congress to create federal immigration and citizenship laws. It provides broad guidelines on who has the authority to make immigration policies and the legal means for challenges to elements of that policy. The Constitution grants Congress the responsibility of establishing a "uniform Rule of Naturalization", determining how immigrants can become citizens. However, despite this, many states enacted their own immigration policies during the early years of the Republic. This was due to the weaknesses of the Articles of Confederation in managing immigration.
The Fourteenth Amendment, ratified in 1868, significantly expanded citizenship rights. It asserts that all individuals born or naturalized in the U.S. are citizens, regardless of their parents' status. This principle of jus soli (right of the soil) has allowed many immigrants and their children to achieve citizenship, in contrast to the jus sanguinis (right of blood) practised in some other countries. The Fourteenth Amendment also repudiated the Supreme Court's decision in Dred Scott v. Sandford (1857), which misinterpreted the Constitution as excluding people of African descent from eligibility for U.S. citizenship based solely on their race.
The Constitution allows immigrants who become naturalized citizens to serve in any government office except for the presidency. The office of the president is reserved for those who are "natural-born" citizens. The Constitution also assumes the existence of both state and national citizenship, but does not provide a clear rule for determining citizenship. This ambiguity led to varying state-level immigration policies and restrictions on citizenship for African Americans, even in states that did not permit slavery.
The federal government's power to regulate immigration and naturalization has been challenged in various court cases. For example, in De Canas v. Bica (1976), the Supreme Court upheld a California statute prohibiting employers from knowingly employing non-citizens who are not entitled to lawful residence in the U.S. if it adversely affects lawful resident workers. In contrast, the Court in Zadvydas v. Davis (2001) held that a reasonable time limitation on post-removal detention must be inferred to avoid constitutional issues with indefinite detention.
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State vs national citizenship
The US Constitution gives broad guidelines on US immigration policy, but it does not provide many specifics. It grants Congress the authority to determine how immigrants can become citizens. However, historically, states enacted their own immigration policies, with laws aimed at preventing certain populations from entering their borders.
State citizenship and national citizenship differ in the rights and privileges they confer. A US citizen has full citizenship rights in the United States, either by birth or through naturalization. The most common way to become a US citizen is by birth, either by being born on US soil or through the right of blood, where a child is born abroad to US citizen parents. US citizens have comprehensive rights, including the right to vote in federal and state elections, eligibility for federal employment, and the ability to travel with a US passport.
On the other hand, a US national is a person who owes allegiance to the United States but does not have all the rights and privileges of a US citizen. This status is specific to individuals from certain US territories, primarily American Samoa and Swains Island. US nationals carry a US passport, but it is marked with a crucial note stating that the bearer is not a US citizen.
Naturalized US citizens are no longer considered aliens and cannot be deported. They are eligible to serve in any government office except for the presidency. However, the path to naturalization is a significant process involving residency requirements, a citizenship test, and an oath of allegiance.
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Congress's power to naturalize
The US Constitution gives broad guidelines on immigration policy, but it does not provide many specifics. However, it does grant Congress the power to determine how immigrants can become citizens. This is known as Congress's power to naturalize.
Article I, Section 8 of the US Constitution grants Congress the responsibility "To establish a uniform Rule of Naturalization". This power is exclusive to Congress; no state has the independent power to make someone a citizen of the US. The Supreme Court has described naturalization as "the act of adopting a foreigner, and clothing him with the privileges of a native citizen".
Citizenship can be conferred by a special act of Congress, or collectively through congressional action or a treaty provision. Congress has enacted a series of laws governing the naturalization of aliens in the US since the end of the 18th century. For example, the Naturalization Act of 1790 allowed free white people who had resided in the US for at least two years to be granted citizenship if they showed good moral character and swore allegiance to the Constitution. The Naturalization Act of 1795 extended the minimum residence requirement to five years and required a declaration of intent to become a citizen at least three years in advance of naturalization.
Despite Congress's exclusive power to naturalize, it has devolved the power to naturalize aliens under federal standards to state courts of record. While states may not prescribe requirements for citizenship, they can confer rights, including political rights, to resident aliens. For example, it was once common for states to confer the right of suffrage upon resident aliens, especially those who had declared their intention to become citizens.
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Supreme Court rulings on immigration
The US Constitution provides broad guidelines on immigration policy, including who has the authority to implement it, but it does not give many specifics. Article I, Section 8, grants Congress the responsibility for immigration policy, determining how immigrants can become citizens.
The Supreme Court has played a significant role in shaping immigration law and policy. In the late 19th century, the Supreme Court developed the "plenary power" doctrine, which gives judicial deference to immigration policies created by the legislative and executive branches. This means that the federal government, through the Immigration and Nationality Act, regulates immigration by providing grounds for admitting, excluding, and removing foreign nationals.
The Supreme Court has also ruled on the constitutional safeguards that foreign nationals are entitled to, such as equal protection. For example, in Graham v. Richardson (1971), the Court found that state statutes denying welfare benefits to foreign nationals violate the Equal Protection Clause and encroach on federal power over the entrance and residence of foreign nationals.
In Kleindienst v. Mandel (1972), the Court held that when the Attorney General decides not to waive the statutory exclusion of a foreign national for a legitimate reason, the courts will not review this decision or weigh it against the First Amendment interests of those wishing to communicate with that foreign national.
The Supreme Court has also made rulings related to national security. During World War II, the Court infamously upheld the Japanese-American internment policy. In more recent cases related to the war on terror, the Court has suggested some limits to this deference.
Other notable Supreme Court cases on immigration include:
- Wilkinson v. Garland (2024): The Court ruled that a citizen does not have a fundamental liberty interest in their noncitizen spouse being admitted to the country.
- Johnson v. Arteaga-Martinez (2022): The Court ruled that the government is not required to provide foreign nationals detained for six months with bond hearings.
- Department of State v. Munoz (2024): The Court prioritised procedural concerns, even though errors by consular officers may prevent US citizens from residing in the US with their noncitizen spouses.
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Frequently asked questions
The US Constitution, which was adopted in 1789, serves as the foundation of legal authority in the country. It empowers Congress to create federal immigration and citizenship laws, providing broad guidelines and determining which body has the authority to make such policies.
The Fourteenth Amendment, ratified in 1868, significantly expanded citizenship rights. It asserts that all individuals born or naturalized in the US are citizens, regardless of their parents' status. This principle of jus soli (right of the soil) has allowed many immigrants and their children to achieve citizenship.
The US Constitution states that only a "natural-born Citizen" or a "Citizen of the United States at the time of the adoption of this Constitution" is eligible to be the President.
Before the US Civil War (1861-1865), individual states had a great deal of control over the naturalization of immigrants, and many enacted their own immigration policies. States passed laws to prevent people with criminal records, people on public assistance, slaves, and free blacks from entering their borders. The Supreme Court's decision in Dred Scott v. Sandford (1857) also interpreted the Constitution as excluding people of African descent from eligibility for US citizenship based on their race.
