USCIS Authority to Naturalize
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USCIS Policy Manual › Volume 12 - Citizenship and Naturalization › Part A - Citizenship and Naturalization Policies and Procedures › USCIS Policy Manual, Vol. 12, Pt. A, Ch. 3
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It has long been established that Congress has the exclusive authority under its constitutional power to establish a uniform rule of naturalization and to enact legislation under which citizenship may be conferred upon persons. [1] Before 1991, naturalization within the United States was a judicial function exercised since 1790 by various courts designated in statutes enacted by Congress under its constitutional power to establish a uniform rule of naturalization.
As of October 1, 1991, Congress transferred the naturalization authority to the Attorney General (now the Secretary of DHS). [2] USCIS is authorized to perform such acts as are necessary to properly implement the Secretary’s authority. [3] In certain cases, an applicant for naturalization may choose to have the Oath of Allegiance [4] administered by USCIS or by an eligible court with jurisdiction. Eligible courts may choose to have exclusive authority to administer the Oath of Allegiance.
Footnotes
[1] See Chirac v. Chirac , 15 U.S. 259 (1817).
[2] See INA 310(a) .
[3] See INA 310 .
[4] See INA 337(a) .
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