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The Nationality Act
The Nationality Act of 1790 established the rules and procedures by which immigrants could become citizens. However, this law limited naturalization to "free white persons of good character". Not only did it exclude Native Americans, but it also excluded indentured servants and black slaves. -
The Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo took place during the aftermath of the Mexican-American War. This treaty offered citizenship to any Mexicans choosing to live in the areas annexed by the United States after the war. -
Dred Scott v. Sanford
In 1846 Dred Scott, an enslaved black man, sued for his and his wife's freedom in St. Louis Circuit Court. Because they were in a state in which slavery was prohibited, they had a strong defense. However, this event led to a landmark decision made by the Supreme Court after an 11-year legal battle.
In 1857, the Supreme Court ruled that enslaved people and free African Americans were not citizens of the United States and were not entitled to protection from the federal government or the courts. -
14th Amendment
The Fourteenth Amendment of the United States Constitution granted birthright citizenship to all people born or naturalized in the United States. This Amendment also guaranteed equal protection for all legal citizens. -
The Naturalization Act
The Naturalization Act of 1870 extended the nationalization rights beyond "free white people" to "aliens of African nativity and to persons of African decent". However, though this act explicitly extended nationalization rights, it left out Asian immigrants and other nonwhite immigrant groups. -
Elk v. Wilkins
Though the Naturalization Act enabled more people to gain citizenship in the United States, the Supreme Court ruled that the Fourteenth Amendment did not apply to Native Americans. The Court claimed that Native Americans born within the territory of the United States were not "born in the United States and subject to the jurisdiction thereof". -
Indian Citizen Act
The Indian Citizen Act of 1924 extended citizenship to all Native Americans born within the United States. Native Americans were the last main group to gain this right in the Fourteenth Amendment. However, even with citizenship, Native Americans were banned from voting in some states. -
The McCarran-Walter Act
Previously, people of Asian descent were banned from immigrating to America and becoming U.S. citizens due to acts such as the Chinese Exclusion Act of 1882 and the Asian Exclusion Act of 1924. These acts made it nearly impossible for Asian immigrants to legally enter the States and acquire citizenship.
However, due to the McCarran-Walter Act of 1924, people of Asian descent were now able to immigrate and become legal citizens. -
The Hart-Celler Act
The Hart-Celler Act laid the foundation principles for immigrant regulation that is still seen today. This act eliminated restrictive nationality-based quotas from 1924. Instead, it used a system of preferences for family reunions, employment, and refugees. -
Immigration Reform and Control Act
The Immigration Reform and Control Act increased border enforcement, heightened the requirements of employers, and expanded guestworker visa programs. Additionally, it granted amnesty to those living in the United States prior to January 1, 1982. -
USA Patriot Act
The USA Patriot Act enabled the attorney general to determine the entry or denial of immigrants. The attorney general may order detention if they have reasonable grounds to believe a non-citizen of the United States endangers national security. This act broadened the scope of immigrants ineligible for citizenship. -
SOURCES
Defining Citizenship. (2020, July 30). National Museum of American History. Retrieved September 22, 2022, from https://americanhistory.si.edu/democracy-exhibition/creating-citizens/defining-citizenship The University of Texas at Austin Department of History. (2020, June 22). Timeline. Immigration History. Retrieved September 22, 2022, from https://immigrationhistory.org/timeline/