Naturalization Act of 1906

The Naturalization Act of 1906 was an act of the United States Congress signed into law by Theodore Roosevelt that revised the law from 1870 and required immigrants to learn English in order to become naturalized citizens. The bill was passed on June 29, 1906, and took effect September 27, 1906. It was repealed and replaced by the Nationality Act of 1940. It was modified by the Immigration Act of 1990.

The legislation established the federal government as the arbiter of naturalization policy. It created the Bureau of Immigration and Naturalization, which provided for the first uniform naturalization laws in the country. Prior to 1906, an alien could be naturalized in any U.S. "court of record." State-level naturalization courts managed proceedings and had varying standards across the country. After September 26, 1906, naturalization could only be done in courts having a seal and a clerk, and exerting universal competence.

The Act established standardized naturalization forms, requiring, inter alia:

In addition, section 15 of the Act defined the power of U.S. district attorneys to institute denaturalization proceedings: “in any court having jurisdiction to naturalize aliens for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured

Generally, the Basic Naturalization Act of 1906 addressed Roosevelt’s commission’s concerns, with one specific recommendation that was not specifically addressed. There was no specific form issued for the oath of allegiance, as was recommended by the commission. Another recommended provision insisted that naturalized citizens be able to speak English. The provision read:

“That no alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English language: Provided , That this requirement shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States.”

Through the centralization of all naturalization and immigration records the Federal Government was able to command more control over the naturalization process. The centralization mandate produced a uniform process as well as causing the number of courts processing applications to fall throughout the country.” This centralization also included the dispersal of standard naturalization documents following the law's enactment. On September 27th of 1906, the United States Federal Naturalization Bureau began keeping copies of all American naturalization records.8 The naturalization certificate files would come to be known as C-Files. Additionally, those who had acquired their citizenship on questionable legal grounds, are now subject to additional scrutiny, as a direct result of this law. Section 15 clearly outlines the powers granted to U.S. attorneys towards prosecuting these cases, with language giving a considerable amount of the burden of proof to defendants. This provision was quite encompassing, thus promoting a number of prosecutions on the basis of fraudulent naturalization procedures. The case of Luria vs. United States challenges this provision, but it is deemed constitutional.

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