Chapter 1 - Purpose and Background

A. Purpose

Before becoming a U.S. citizen, an alien eligible for naturalization must take an oath of renunciation and allegiance (Oath of Allegiance) in a public ceremony.^[1] The Oath of Allegiance is the culmination of the naturalization process and a crucial act highlighting the transition from immigrant to U.S. citizen. The oath serves as a formal declaration of loyalty and commitment to the United States, its Constitution, and laws.

During the naturalization interview, the alien signs the naturalization application to acknowledge his or her willingness and ability to take the Oath of Allegiance and to accept certain obligations of United States citizenship. The alien must establish that it is his or her intention, in good faith, to assume and discharge the obligations of the Oath of Allegiance.^[2] The alien must also establish that his or her attitude toward the Constitution and laws of the United States makes the alien applying for naturalization capable of fulfilling the obligations of the oath.^[3] 

B. Background

The history of the Oath of Allegiance reflects the dynamic process that has evolved over time. Since the first naturalization law in 1790, aliens applying for naturalization have taken an oath to support the Constitution of the United States.^[4] Five years later, the Naturalization Act of 1795 required an alien applying to declare an intention (commitment) to become a U.S. citizen before filing a Petition for Naturalization.^[5] In the declaration of intention, the alien would indicate his understanding that upon naturalization he would take an oath of allegiance to the United States and renounce (give up) any allegiance to a foreign prince, potentate, state, or sovereignty. An alien born with a hereditary title also had to renounce their title or order of nobility.

Under the decentralized system established by the Naturalization Act of 1802, "any court of record" – federal, state, county, or municipal – could naturalize a new American citizen.^[6] Prior to 1906, there were as many as 5,000 courts with naturalization jurisdiction, and each court could develop its own procedures for administering the oath. There was little or no guidance on how to apply or administer the law. Some courts simply documented that an alien swore an oath, while other courts chose to write and print their own text for the oath, which the alien would read at the final hearing.

However, in 1905 a Presidential Commission on Naturalization studied naturalization in the United States. They found that U.S. naturalization courts lacked uniformity. They recommended classifying and summarizing naturalization laws into a code (re-codification), the creation of a federal agency to oversee naturalization procedures, and standard forms for all U.S. naturalizations, including a form for the Oath of Allegiance. To institute standardized procedures, Congress passed the Basic Naturalization Act of 1906 and created the Federal Naturalization Service.^[7]

The Basic Naturalization Act of 1906 implemented many of the Commission's recommendations, but did not mandate a separate form for the Oath of Allegiance. Instead, the new Declaration of Intention form and Petition for Naturalization form included some of the substance of the oath. At the final hearing the alien still recited a spoken oath adapted from the law. In 1906, the Basic Naturalization Act also added the section of the oath requiring newly naturalized citizens to defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; and bear true faith and allegiance to the same.

An official standard text for the Oath of Allegiance did not appear in the regulations until 1929. The standard oath was printed in the Naturalization Rules and Regulations.^[8] There was still no separate, federal form for the oath. It was most likely printed on the back of the application form.^[9]

Prior to 1946, the Supreme Court had ruled that the language in the oath about supporting and defending the Constitution and laws of the United States against all enemies implied a promise to bear arms. However, in Girouard v. U.S., decided in 1946, the Supreme Court ruled that the oath of allegiance did not imply a promise to bear arms.^[10] A refusal to bear arms was justified on the basis of religious training and beliefs.^[11] The Internal Security Act of 1950 added text to the oath of allegiance about bearing arms on behalf of the United States when required by the law; and performing noncombatant service in the armed forces of the United States when required by the law.^[12]

The last major addition to the Oath of Allegiance was added by the Immigration and Nationality Act of 1952, which provided the section of the Oath of Allegiance about performing work of national importance under civilian direction.^[13] This amendment reflected the evolving understanding of citizenship obligations in the United States. It acknowledged the potential of civic duty beyond military service for citizens to contribute to the country’s well-being and defense of the nation deemed crucial by the U.S. government.

Under certain circumstances, an alien applying for naturalization may qualify for a modification or waiver of the oath.^[14] In such cases, an officer draws a line through the designated modified portions of the oath and the alien is not required to recite the deleted portions.^[15]

Aliens applying for naturalization must generally recite the Oath of Allegiance orally during a public ceremony.^[16] Merely signing the naturalization application and a copy of the oath does not make the alien a U.S. citizen.

C. Legal Authorities

• INA 310; 8 CFR 310.1 – Naturalization authority
• ​INA 337; 8 CFR 337 – Oath of Renunciation and Allegiance
• Pub. L. 106-448 (PDF) – Waiver of Oath of Renunciation and Allegiance for Naturalization of Aliens having Certain Disabilities Act of 2000

Footnotes

[^ 1] See INA 337. See 8 CFR 337.1(a).

[^ 2] See INA 337. See 8 CFR 337.1(c). Under certain circumstances, an “Affirmation of Allegiance” is the same as an Oath of Allegiance. See 8 CFR 337.1(b).

[^ 3] See 8 CFR 337.1(c).

[^ 4] See Section 1 of the Naturalization Act of 1790, ch. 3, 1 Stat. 103 (PDF), 103–04 (repealed 1795).

[^ 5] See Section 1 of the Naturalization Act of 1795, ch. 20, 1 Stat. 414 (PDF), 414 (January 29, 1795) (repealed 1802).

[^ 6] See Naturalization Law of 1802, ch. 28, 2 Stat. 153 (PDF), 154 (April 14, 1802).

[^ 7] See Basic Naturalization Act of 1906, ch. 3592, 34 Stat. 596 (PDF) (June 29, 1906).

[^ 8] See Basic Naturalization Act of 1906, ch. 3592, 34 Stat. 596 (PDF) (June 29, 1906). (Naturalization Rules and Regulations were issued under the authority of the section 28 of the Basic Naturalization Act, which provided the Commissioner of Naturalization the authority to make rules and regulations necessary to carry out the law).

[^ 9] See Basic Naturalization Act of 1906, ch. 3592, 34 Stat. 596 (PDF) (June 29, 1906).

[^ 10] See Girouard v. U.S., 328 U.S. 61 (1946).

[^ 11] Under current law, an alien opposed to bearing arms or performing noncombatant service because of his or her religious training and beliefs may qualify for a modified oath. For more information regarding Oath of Allegiance modifications, see Chapter 3, Oath of Allegiance Modifications and Waivers, Section A, Modified Oath for Religious or Conscientious Objections [12 USCIS-PM J.3(A)].

[^ 12] See Internal Security Act of 1950, Pub. L. No. 81-80 (PDF), 64 Stat. 987 (September 23, 1950).

[^ 13] See the Immigration and Nationality Act of 1952, Pub. L. No. 82-414 (PDF), 66 Stat. 163 (June 27, 1952).

[^ 14] See Chapter 3, Oath of Allegiance Modifications and Waivers [12 USCIS-PM J.3].

[^ 15] See 8 CFR 337.1(b).

[^ 16] For more information about accommodations for the Oath of Allegiance, see Part C, Accommodations, Chapter 3, Types of Accommodations, Section C, Accommodations for the Oath of Allegiance, Subsection 4, Off-Site Administration of Oath [12 USCIS-PM C.3(C)(4)].