naturalization power

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Naturalization power is the authority of Congress under Article I, Section 8, Clause 4 of the Constitution "[t]o establish a uniform rule of naturalization." Congress has the sole power to create laws over naturalization; meaning Congress passes laws deciding who may become a citizen and the process of obtaining citizenship. Exercising its naturalization power, Congress passed the Immigration and Nationality Act (INA). Naturalization law and procedure must follow the INA. As immigration is a federal legislative issue, courts and state legislatures cannot change the INA.

See naturalization and congressional power.

[Last updated in July of 2023 by the Wex Definitions Team]