The expressed power of naturalization rules is the power of the United States Congress to establish rules and regulations for the naturalization of aliens. This power is granted by Article I, Section 8, Clause 4 of the United States Constitution, which states that Congress shall have the power "To establish an uniform Rule of Naturalization."
The expressed power of naturalization rules is broad and gives Congress a great deal of discretion in setting the requirements for naturalization. Congress has used this power to establish a variety of requirements, including:
Residency requirements
Age requirements
Good moral character requirements
English language proficiency requirements
Civic knowledge requirements
Congress has also used its power to naturalize certain groups of aliens without requiring them to meet all of the general requirements. For example, Congress has created special naturalization programs for veterans of the United States military, spouses of U.S. citizens, and certain refugees and asylees.
The expressed power of naturalization rules is an important power because it allows the United States to regulate who becomes a citizen. Citizenship is a fundamental right and privilege, and Congress has a legitimate interest in ensuring that only those who are qualified and deserving are granted citizenship.
Here are some examples of how the expressed power of naturalization rules has been used:
The Immigration and Nationality Act of 1965 abolished the national origins quota system, which had restricted immigration from certain countries.
The Immigration Reform and Control Act of 1986 provided a path to legalization for millions of undocumented immigrants.
The American Dream and Promise Act of 2021 would provide a path to citizenship for certain undocumented immigrants, including Dreamers and Temporary Protected Status (TPS) holders.
The expressed power of naturalization rules is a controversial topic. Some people believe that Congress should make it easier for aliens to become citizens, while others believe that Congress should make it more difficult. However, there is no doubt that the expressed power of naturalization rules is an important power that plays a vital role in the U.S. immigration system.