1870 Naturalization Laws and History

Everyone · Explainer · Updated October 1, 2026 · LearnLife Editorial

What was the 1870 naturalization law and why was it passed?

The Naturalization Act of 1870 was a significant revision to U.S. citizenship laws during the Reconstruction era after the Civil War. Before this law, naturalization was limited to “free white persons,” excluding many racial groups from becoming U.S. citizens. The 1870 act expanded eligibility to include “aliens of African nativity and to persons of African descent.” This meant Black immigrants and formerly enslaved people could apply for citizenship through naturalization.

This law reflected broader constitutional changes—such as the 13th Amendment abolishing slavery and the 14th Amendment granting citizenship to anyone born in the U.S.—and aimed to address racial exclusion in citizenship laws. Although it marked progress, it still excluded many groups, like Asian immigrants, who remained barred from naturalization for many years. The 1870 law was a key step in addressing racial inequality in citizenship but was not a complete solution.

How did the naturalization process work under the 1870 law?

Under the 1870 law, the naturalization process followed similar steps to earlier procedures but allowed people of African descent to participate. Here’s how it worked:

1. Declaration of Intent: The immigrant filed a formal statement declaring their intention to become a U.S. citizen. This was the first step, often called “first papers.”
2. Residency Requirement: The applicant had to live continuously in the U.S. for at least five years. This meant living without long absences outside the country.
3. Good Moral Character: The applicant needed to demonstrate they had behaved well and met legal and moral standards during their residency.
4. Petition for Naturalization: After fulfilling the residency requirement, the applicant filed a petition with a federal court to complete the naturalization.
5. Oath of Allegiance: The applicant took an oath renouncing allegiance to other countries and promising loyalty to the United States.

For example, imagine a Black immigrant from the Caribbean arriving in 1873. After living in the U.S. for five continuous years, they would file a petition in a federal court, where a judge would review their case. If approved, they would take the oath and receive a certificate of naturalization. This certificate allowed them to vote, own property, and participate fully in civic life. Despite the legal eligibility, many still faced local discrimination.

Why does the 1870 naturalization law matter to people today?

The 1870 naturalization law matters because it helps explain how citizenship laws evolved and who was historically excluded from U.S. citizenship. It legally recognized the right of African-descended people to become naturalized citizens, enabling fuller participation in American democracy. This law shows citizenship was once explicitly restricted by race, helping people understand the long journey toward more inclusive citizenship laws.

For immigrants, descendants of immigrants, and those interested in civil rights, the 1870 law clarifies how citizenship rules changed over time. It encourages reflection on the importance of equal citizenship rights and helps explain why citizenship continues to be a vital issue. Recognizing this history can also help people appreciate the rights and responsibilities tied to citizenship today.

What citizenship and naturalization terms are often confused with the 1870 law?

Here are some terms often mixed up in discussions about the 1870 naturalization law:

• Naturalization: The legal process by which a person not born a U.S. citizen becomes one through application.
• Birthright citizenship: Citizenship granted automatically to people born on U.S. soil or to U.S. citizen parents.
• Natural-born citizen: Someone who is a U.S. citizen from birth, either by birthplace or parentage.
• Alien: A person who is not a U.S. citizen.
• Residency requirement: The minimum continuous time a person must live in the U.S. before applying for naturalization.

The 1870 law expanded naturalization eligibility specifically to people of African descent but did not change birthright citizenship rules, which come from the Constitution. It’s important to distinguish naturalized citizens — who go through the application process — from natural-born citizens, who are citizens from birth.

What steps should someone take today to apply for naturalization?

If you want to become a U.S. citizen today, here are practical steps to follow:

1. Verify eligibility: Typically, you must be a permanent resident for at least 5 years (or 3 years if married to a U.S. citizen).
2. Complete Form N-400: This is the Application for Naturalization, available from the U.S. Citizenship and Immigration Services.
3. Gather required documents: These include your green card, proof of continuous residence, tax records, and any marriage or divorce certificates.
4. Submit your application and fees: File Form N-400 with USCIS, along with the appropriate fees.
5. Attend a biometrics appointment: USCIS will schedule fingerprinting and background checks.
6. Prepare for the interview and test: Study English language skills and U.S. civics topics such as history and government structure.
7. Complete the naturalization interview: USCIS officers will ask questions about your application and test your English and civics knowledge.
8. Attend the Oath of Allegiance ceremony: Upon approval, you take the oath, officially becoming a U.S. citizen.

For example, if you arrived in the U.S. five years ago and have a green card, you would start by filing Form N-400. Then you’d follow through with the steps above, including the interview and oath ceremony. This process focuses on residency, character, and knowledge rather than race, reflecting changes since 1870.

How does the 1870 naturalization law compare with earlier and later citizenship laws?

The 1870 law was a major change compared to the Naturalization Act of 1790, which allowed only “free white persons” to become citizens. By including “aliens of African nativity and persons of African descent,” the 1870 act expanded the racial eligibility for citizenship. However, it still excluded many groups, especially Asian immigrants, who remained unable to naturalize under federal law for many years.

Later laws gradually removed racial restrictions altogether, allowing naturalization regardless of race or ethnicity. These changes reflected broader civil rights advancements. The 1870 law is an important chapter in the history of U.S. citizenship laws, representing a partial step toward equal citizenship rights.

Here is a simplified comparison of key laws:

What impact did the 1870 naturalization law have on African American citizenship and civil rights?

The 1870 law was crucial in affirming that African Americans and people of African descent could become U.S. citizens through naturalization. This legal recognition supported their participation in voting, property ownership, and holding public office, rights essential to democratic life.

However, many African Americans still faced barriers like discriminatory state laws, intimidation, and social exclusion, which limited the practical effects of naturalization rights. The law laid groundwork for civil rights by officially affirming citizenship eligibility in federal law, even though full equality remained elusive.

For those tracing family history, the law helps explain when African-descended ancestors could legally become citizens. It also illustrates ongoing efforts to expand civil rights over time.

Frequently asked questions

Who was excluded from naturalization under the 1870 law?

The law excluded many groups, including Asian immigrants and Native Americans, who were barred from naturalization until later legal reforms.

What is the difference between naturalization and birthright citizenship?

Naturalization is the legal process to become a citizen after birth, while birthright citizenship is automatic citizenship granted to those born in the U.S. or to citizen parents.

What documents prove naturalization?

A certificate of naturalization, issued by a federal court after the process is complete, serves as proof of citizenship.

Can naturalized citizens vote and hold office?

Yes, naturalized citizens can vote and hold most public offices, except for the presidency, which requires natural-born citizenship.

How can I find old naturalization records from the 1870s?

Records may be accessed through federal or state court archives, local historical societies, or genealogy research websites specializing in immigration.

Does the 1870 law affect current citizenship applications?

No, modern naturalization is governed by current laws and USCIS rules, but the 1870 law remains historically significant for expanding citizenship rights.