BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
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Section 7 - Miscellaneous Proceedings

    7.06 Naturalization Proceedings (8 USC 1421, 1443–1448)

        7.06.1 Naturalization Proceedings: Introduction
        7.06.2 Naturalization Proceedings: Procedure
        7.06.3 Naturalization Proceedings: Oath Of Allegiance

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

The Immigration Act of 1990 changed the naturalization process from a judicial proceeding to an administrative proceeding. Following is a brief outline of current naturalization practice. Note that the role of the district court has been curtailed.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

7.06.2 Naturalization Proceedings: Procedure

1. The applicant for naturalization commences the proceeding by filing an application for naturalization with the Attorney General.

2. An employee of the Immigration and Naturalization Service (INS) examines the applicant and determines whether to grant or deny the application. The INS employee may invoke the aid of a district court in subpoenaing the attendance and testimony of witnesses and the production of books, papers, and documents. 8 USC 1446(b), (d).

3. If the INS denies the application, the applicant may request a hearing before an immigration officer. 8 USC 1447(a).

4. If the immigration officer denies the application, the applicant may seek de novo review in the federal district court.

8 USC 1421(c).

5. If the INS fails to make a determination on the application within 120 days of the applicant’s interview, the applicant may apply to a district court for a naturalization hearing. The court may determine the matter or remand the matter to the INS with appropriate instructions. 8 USC 1447(b).

6. If an application is approved, a district court with jurisdiction under 8 USC 1421(b) may administer the oath of allegiance.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

The following oath is designed for use with groups of applicants and includes various alternatives to bearing arms.

Do you solemnly swear [affirm] to support the Constitution of the United States; to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which you have previously been a citizen or subject; to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic; to bear true faith and allegiance to the same; and to bear arms on behalf of the United States when required by law [or to perform noncombatant service in the Armed Forces of the United States when required by law, or to perform work of national importance under civilian direction when required by law]? Do you take this obligation freely without any mental reservation or purpose of evasion?

8 USC 1448(a).

[Note: If the applicant refuses to bear arms or do noncombatant service in the armed forces, ascertain whether there is "clear and convincing evidence" that the refusal is based on "religious training and belief." 8 USC 1448(a).]

An individual may be granted an expedited judicial oath administration ceremony upon demonstrating sufficient cause.

In determining whether to grant an expedited judicial oath administration ceremony, a court shall consider special circumstances (such as serious illness of the applicant or a member of the applicant’s immediate family, permanent disability sufficiently incapacitating as to prevent the applicant’s personal appearance at the scheduled ceremony, developmental disability or advanced age, or exigent circumstances relating to travel or employment).

8 USC 1448(c).

If the applicant possesses any hereditary title or orders of nobility in any foreign state, he or she must expressly renounce such title or orders of nobility in open court. 8 USC 1448(b).

Address (or designate some member of the community to address, or invite some of the newly naturalized citizens to address) the naturalized citizens on the general topic of the meaning of U.S. citizenship and the importance of each citizen’s participation in the workings of a democracy. 36 USC 154.