Legal Question in Immigration Law in Delaware

Re: immigration

The first sentence of Sec. 1 of the Fourteenth Amendment contemplates two sources of citizenship and two only: birth and naturalization. This contemplation is given statutory expression in Sec. 301 of the Immigration and Nationality Act of 1952 ("INA"), which itemizes those categories of persons who are citizens of the United States at birth; all other persons in order to become citizens must pass through the naturalization process. The first category merely tracks the language of the first sentence of Sec. 1 of the Fourteenth Amendment in declaring that all persons born in the United States and subject to the jurisdiction thereof are citizens by birth.

Citizenship by naturalization is a privilege to be given, qualified, or withheld as Congress may determine, an individual may claim it as a right only upon compliance with the terms Congress imposes. This interpretation makes of the naturalization power the only power granted in Sec. 8 of Article I that is unrestrained by constitutional limitations on its exercise.

Although the usual form of naturalization is through individual application and official response on the basis of general congressional rules, naturalization is not so limited. Citizenship can be conferred by special act of Congress, it can be conferred collectively either through congressional action, such as the naturalization of all residents of an annexed territory or of a territory made a State, or through treaty provision.

Immigration, Naturalization, and Citizenship are closely regulated by the scope of Congressional power in the United States.

Congress� power over naturalization is an exclusive power; no State has the power to constitute a foreign subject a citizen of the United States. But power to naturalize aliens may be, and was early, devolved by Congress upon state courts of record. And States may confer the right of suffrage upon resident aliens who have declared their intention to become citizens and many did so until recently.