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Naturalization under Federal Law (1790-present)

Since 1790 all naturalizations have been performed pursuant to federal law, under a provision of the U.S. Constitution (Art. I, Sect. 8). Until 1906 any state or federal court of record (a court having a seal and a clerk) could naturalize aliens. (In New York the courts of record included the Supreme Court and the county- and some city-level courts, but not the lower- level city, town, or village justices' courts.) An alien intending to be naturalized first files a declaration of intention to become a citizen (the declaration has been voluntary since 1952).

Naturalization and Denization in the Colonial Period

Naturalization is a grant of the full legal rights and privileges of a native-born individual to a non-native foreigner. In England, in the American colonies, and in the United States, naturalization has been granted by special legislative act, or by court proceedings authorized by legislation. The Assembly of New York Colony occasionally passed acts naturalizing aliens. In addition, under a British statute of 1740, an alien who had resided in a colony for at least seven years could be naturalized by swearing an oath of allegiance before a local magistrate.

Naturalization and Related Records

Naturalization and related records help document New York's ethnically and racially diverse population over the past three centuries. The records are useful for family history, because they indicate when immigrant ancestors arrived in America and became naturalized. Since 1790 naturalization proceedings have been a function of the federal government, which may be performed by either a state or federal court.

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