Chapter 1 - Purpose and Background

A. Purpose

United States citizenship confers rights, privileges, and responsibilities that are vital to the security and safety of the United States, unification around a common American identity and common welfare of the American people. In order to become a United States citizen through naturalization, an alien must be willing and able to accept all of the responsibilities of being a United States citizen in return for gaining certain rights and privileges.

Some rights of U.S. citizenship include the right to vote and the right to hold public office. The responsibilities of U.S. citizenship include serving on federal juries and most state juries, supporting and defending the United States and the U.S. Constitution, swearing loyalty to the United States and renouncing allegiance to any other country, and serving in the military or performing civilian service when called upon by the government.^[1] 

In recognition that U.S. citizens must be willing and able to carry out these rights and responsibilities, Congress, among other things, required that aliens applying for naturalization demonstrate basic English proficiency and knowledge and understanding of the fundamentals of the history, the principles, and the form of government of the United States (civics).^[2]

Demonstration of English and civics knowledge is essential to showing an alien’s commitment to fulfilling the rights and responsibilities of citizenship and to actively assimilate into American society. Understanding the rights and responsibilities of citizenship, engaging with the government, and fully contributing to the democratic process all rely on a basic understanding of the English language and American government and civics. Further, knowledge of English and U.S. government and civics enables naturalized citizens to more fully engage with local and federal government agencies and be active and responsible members of their local communities, furthering the success of our democracy.

In general, an alien must demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in order to naturalize.^[3] An alien who is applying for naturalization must also demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).^[4]

B. Background

Prior to 1906, naturalization procedures varied widely at the local level and an alien was not required to understand English, history, civics, or the principles of the U.S. Constitution to naturalize. Because there were no explicit educational requirements for naturalization, if the court determined the alien was a “thoroughly law-abiding and industrious man, of good moral character,” the alien became a U.S. citizen.^[5]

With the Basic Naturalization Act of 1906, Congress created the Federal Naturalization Service, which was tasked with overseeing and implementing the constitutionally mandated uniform law of naturalization. However, the Basic Naturalization Act did not contain an explicit educational requirement.^[6]

As far back as 1908, the former Immigration Service and the Courts determined that a person could not establish the naturalization requirement of showing an attachment to the Constitution unless he or she had some understanding of its provisions.^[7]

In the 1930s, the Immigration and Naturalization Service (INS) under INS Commissioner D.W. MacCormack, made reforming naturalization testing a major initiative under his tenure. Commissioner MacCormack issued instructions described as definite and uniform procedure for examining aliens for citizenship and stressed that the examinations were meant to demonstrate the attachment to the principles of the Constitution rather than memorization of facts, and that the examination be uniform, fair, and devoid of “trick questions.”^[8]

In 1940, Congress made amendments to include an English language requirement for naturalization and certain exemptions based on age and residence, as well as a provision for questioning aliens who were applying for naturalization on their understanding of the principles of the Constitution.^[9] The Nationality Act of 1940 also expanded the agency’s authority to test naturalization candidates’ knowledge of the Constitution and U.S. government.^[10]

The Internal Security Act of 1950 put into place what can be considered the modern educational requirements for naturalization, by amending the Nationality Act of 1940 to make knowledge of U.S. history and civics an explicit requirement for naturalization.^[11] These amendments were carried forward essentially without change into the Immigration and Nationality Act (INA) when it was enacted in 1952. INS policy in 1950 maintained the civics test as primarily an oral quiz, with the degree of questioning determined by the alien’s education, background, and interactions with the examiner.^[12]

The Immigration Reform and Control Act of 1986 (IRCA) mandated that persons legalized under INA 245A meet basic citizenship skills.^[13] Aliens who qualified under IRCA could choose to demonstrate their understanding of U.S. history and government by taking a course prescribed in IRCA. For all other aliens, including those who qualified under IRCA who chose not to take a prescribed course, INS developed the “100 questions,” a list of civics questions based on content from the Federal Textbooks on Citizenship.^[14] In 1994, Congress enacted legislation providing an exception to the naturalization educational requirements for aliens who cannot meet the requirements because of a medical disability.^[15] Congress also amended the exceptions to the English requirement based on age and residence that are current today.^[16]

In 1997, the U.S. Commission on Immigration Reform (the Commission) recommended that the former Immigration and Naturalization Service (INS)^[17] standardize the naturalization testing process.^[18] The Commission recommended that the naturalization test be revised to better determine if aliens have a meaningful knowledge of U.S. history and government and can communicate in English.

Also in 1997, the U.S. Department of Justice (DOJ) began to reengineer the naturalization process. For naturalization testing, DOJ determined that the former INS should develop a uniform approach to testing, including standard and meaningful test content, standardized testing instruments and protocols, standard scoring, and standard levels of passing. The former INS began to redesign the testing process with the goal of developing a new process that would be uniform, fair, and meaningful.^[19]

On December 26, 2000, the former INS issued “Policy Memorandum No. 73: Standardization of Procedures for Testing Naturalization Applicants on English and Civics,” which announced plans to redesign the test and to provide interim guidance and procedures for testing aliens on English literacy and civics knowledge until the naturalization test was redesigned.

In 2003, USCIS began redesigning the naturalization test, and on October 1, 2008, USCIS implemented a redesigned English and civics test. With this redesigned test, USCIS ensured that all aliens had the same testing experience and an equal opportunity to demonstrate their understanding of English and civics.

On November 13, 2020, USCIS announced, as part of a decennial test review, a redesigned naturalization civics test (2020 Naturalization Civics Test) to ensure that it remained an instrument that comprehensively and more meaningfully assessed an alien’s knowledge of American history, government, and civics. Specifically, the revised 2020 Naturalization Civics Test improved USCIS’ ability to assess aliens’ knowledge and understanding of U.S. history and civics as required by the INA. The new test questions were piloted in July and August of 2020. USCIS implemented the redesigned civics test on December 1, 2020; however, shortly after implementation, USCIS reverted to the 2008 test version. On September 18, 2025, USCIS announced that it would resume administering the 2020 Naturalization Civics Test, with certain modifications [the 2025 Naturalization Civics Test], to aliens who filed applications for naturalization on or after October 20, 2025.

C. Legal Authorities

• INA 103; 8 CFR 103 – Powers and duties of the Secretary, the Under Secretary, and the Attorney General
• INA 312; 8 CFR 312 – Educational requirements for naturalization​
• INA 316; 8 CFR 316 – General requirements for naturalization
• INA 332; 8 CFR 332 – Naturalization administration

Footnotes

[^ 1] See The Citizen’s Almanac (Form M-76 (PDF, 8.53 MB)).

[^ 2] See INA 312. See 8 CFR Part 312.

[^ 3] See INA 312. See 8 CFR 312.

[^ 4] See INA 312. See 8 CFR 312.

[^ 5] See In re Rodriguez, 81 F. 337 (W.D. Tex. 1897). Note that naturalization was under the exclusive jurisdiction of the federal courts until the Immigration Act of 1990.

[^ 6] See Report to the President of the Commission on Naturalization appointed by executive order March 1, 1905, House of Representatives, 59th Congress 1st Sess. (1905). (Several of the recommended laws drafted by the 1905 Presidential Commission on Naturalization, whose work the Basic Naturalization Act was based upon, proposed that the law include English literacy and educational requirements. None of these proposals made it into the final Act.)

[^ 7] See In re Meakins, 164 F. 334 (E.D. Wash. 1908). See In re Vasicek, 271 F. 326 (E.D. Mo. 1921).

[^ 8] See Citizenship Program of the Immigration and Naturalization Service (1936).

[^ 9] See the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137 (October 14, 1940).

[^ 10] See the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137, 1151 (October 14, 1940). (Under the Act,“[s]uch examination shall be limited to inquiry concerning the applicant’s … understanding of and attachment to the fundamental principles of the Constitution of the United States, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States.”).

[^ 11] See Internal Security Act of 1950, Pub. L. 81-831 (PDF), 64 Stat. 987 (September 23, 1950).

[^ 12] See INS Nationality Manual, Section 835.82, updated April 1, 1950.

[^ 13] See Pub. L. 99-603 (PDF), 100 Stat. 3359, 3396 (November 6, 1986). The INS Standardized Citizenship Testing Program was conducted by five non-government companies on behalf of the INS. That program was established in 1991 and ended on August 30, 1998. See 63 FR 25080 (May 6, 1998).

[^ 14] See United States, Bureau of Naturalization, Federal Textbook on Citizenship, (1918). (First published in 1918 by the Bureau of Naturalization, it was designed to assist immigrants prepare for naturalization examinations and was distributed to public schools offering citizenship classes).

[^ 15] See INA 312(b)(1). See Section 108 of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 (PDF), 108 Stat. 4305, 4309 (October 25, 1994) (adding INA 312(b)). 

[^ 16] See the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 (PDF) (October 25, 1994).

[^ 17] On March 1, 2003, the functions of INS were transferred from the U.S. Department of Justice (DOJ) to the Department of Homeland Security (DHS), pursuant to the Homeland Security Act of 2002, Pub. L. 107–296 (PDF) (November 25, 2002). INS’ adjudication functions involving naturalization and citizenship were transferred to USCIS.

[^ 18] See H.R. 57-602, p. 15 (1997).

[^ 19] See Department of Justice News Release, DOJ and INS Begin Redesign of Citizenship Program Coopers and Lybrand Selected to Lead Effort, issued March 20, 1997.