# USCIS Policy Manual, Vol. 12, Pt. A, Ch. 3: USCIS Authority to Naturalize

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/USCIS_PM_V12_PA_C3

## Section

- **Citation:** USCIS Policy Manual, Vol. 12, Pt. A, Ch. 3
- **Heading:** USCIS Authority to Naturalize
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** 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

## Text

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) .

## Nearby sections

- [USCIS Policy Manual, Vol. 12, Pt. A, Ch. 1 Purpose and Background](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V12_PA_C1.md)
- [USCIS Policy Manual, Vol. 12, Pt. A, Ch. 2 Becoming a U.S. Citizen](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V12_PA_C2.md)
- [USCIS Policy Manual, Vol. 12, Pt. A, Ch. 3 USCIS Authority to Naturalize](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V12_PA_C3.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/USCIS_PM_V12_PA_C3. Check the current official text before relying on it. Not legal advice.