Public Access to Naturalization Records

Since October 1, 1991, the Immigration and Naturalization Service has been responsible for producing and preparing naturalization certificates through the power vested in the Attorney General. The Clerk's Office is responsible to deliver to each person administered the oath of allegiance by the Court the certificate of naturalization prepared by the Attorney General, and to forward to the Attorney General a list of applicants who took the oath at each scheduled ceremony. 8 U.S.C. § 1450(a)(1)-(2).

Under the Immigration Act of 1990 and the 1991 amendments, the Clerk's Office should maintain evidence of each document issued pertaining to naturalization. This would include, for example, originals of the lists of applicants actually taking the oath at each scheduled ceremony and information concerning each person who is administered the oath by the Court. 8 U.S.C. § 1450(a)(2). Originals of documents pertaining to naturalization proceedings and court orders affecting or relating to naturalization of persons should also be maintained. 8 U.S.C. § 1450(a)(3). Pursuant to 8 U.S.C. § 1450(b), "[e]ach district office of the [Immigration and Naturalization] Service in the United States shall maintain, in chronological order, indexed, and consecutively numbered, as part of its permanent records, all declarations of intention and applications for naturalization filed with the office."

It is the position of the Clerk's Office that, since it is not the keeper of the record for all naturalizations occurring within the State of New Hampshire, any records in its control are merely copies of the originals maintained by the executive branch. Therefore, it is the policy of the Clerk's Office that it will not release copies of naturalization records in its control to the public. The Clerk's Office has consulted with the Office of General Counsel for the United States Courts and it is not aware of any legal authority that contradicts this policy.

According to the Associate Regional Counsel for the U.S. Citizenship and Immigration Services, all such requests must be submitted in writing to the CIS Associate Regional Counsel and must comply with 5 U.S.C. § 552a(b) (Privacy Act) and its corresponding regulations at 6 C.F.R. Part 5. Those requests should be mailed to the following address:

Office of the District Director
U.S. Citizenship and Immigration Services
Department of Homeland Security
JFK Federal Building, Rm. E-170
Boston, MA 02203
Attn: Associate Regional Counsel