5.5 Becoming a Citizen

Notes

The 14th Amendment defines U.S. citizenship.

• Citizenship by birth: the 14th Amendment says persons "born or naturalized in the United States, and subject to the jurisdiction thereof" are citizens (jus soli, "right of the soil"). In ***United States v. Wong Kim Ark* (1898)** the Court applied this to a man born in San Francisco to Chinese immigrant parents.
• Children born abroad to U.S. citizen parents can also be citizens under laws passed by Congress (jus sanguinis, "right of blood").
• Naturalization is the legal process for an immigrant to become a citizen. Congress sets the rules under Article I.
• Typical requirements: at least 18 years old, a lawful permanent resident (green card holder) for 5 years (3 if married to a U.S. citizen), good moral character, an English test and a civics test, and an Oath of Allegiance.
• Naturalized citizens have the same rights as native-born citizens, except they cannot become president, which requires being a natural-born citizen.
• Noncitizens in the U.S. still have many constitutional rights, such as due process. ***Plyler v. Doe* (1982)**: states cannot deny free public education to children because of their immigration status.