The Naturalization Act of 1790 was the first federal law to establish rules for becoming a U.S. citizen. Here are the key details:
What it said: The act allowed naturalization for “any alien, being a free white person” who had resided in the United States for at least two years and could prove “good character.” It explicitly limited citizenship to free white persons of “good moral character.”
Historical context:
- Passed just one year after the Constitution was ratified
- Reflected the racial attitudes and assumptions of the founding era
- The framers left citizenship requirements to Congress to define
- Many founders owned enslaved people and didn’t envision a multiracial citizenry
Who it excluded:
- Enslaved people (who weren’t considered persons under law)
- Free Black people, even those born in America
- Native Americans (considered members of separate nations)
- People of Asian, Middle Eastern, or other non-European descent
Later modifications:
- 1795: Extended residency requirement to 5 years
- 1798: Increased to 14 years (during tensions with France)
- 1802: Reduced back to 5 years
- The racial restriction remained in place for decades
Long-term impact: This “whites only” naturalization policy wasn’t fully dismantled until 1952 with the Immigration and Nationality Act. Various groups challenged these restrictions in court over the decades, leading to complex legal battles over who qualified as “white” – including cases involving people from Syria, India, Japan, and other regions.
The 1790 act established a legal precedent that shaped American citizenship for over 160 years.