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Good moral character
Good moral character
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Good moral character is an ideal state of a person's beliefs and values that is considered most beneficial to society.[1][2]

In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluating negative conduct.[3][4][5] Whether the assessment of good moral character depends more on the evaluator or the assessee has been the subject of significant debate, and a consensus has not been reached between scholars,[6] jurists, courts, administrative agencies, and legislators.[7] Legal judgments of good moral character can include consideration of honesty, trustworthiness, diligence, reliability, respect for the law, integrity, candor, discretion, observance of fiduciary duty, respect for the rights of others, absence of hatred and discrimination, fiscal responsibility, mental and emotional stability, profession-specific criteria such as pledging to honor the Constitution and uphold the law, and the absence of a criminal conviction.[8] Since the moral character of a person is an intrinsic psychological characteristic and cannot be measured directly,[9] some scholars and statutes have used the phrase "behaved as a person of good moral character".[10]

People must have good moral character determined as a fact of law in predominately two contexts – (1) state-issued licensure that allows one to work and practice a regulated profession[11] and (2) federal government-issued U.S. citizenship certificates whereby an immigrant undergoes naturalization to become a citizen. Many laws create a paradox by placing the burden of proof of good moral character on the applicant while such a proof, but not the law, necessitates that the evaluators assess the beliefs and values of the applicant.[12]

Good moral character is the opposite of moral turpitude, another legal concept in the United States used in similar instances.

Assessments

[edit]

Good moral character is usually considered to be present when a person has several positive moral findings and has no-to-minimal negative moral findings. Positive evidence of good moral character can include letters of recommendation, pursuing education, working six days a week, owning one's home, attending church every Sunday, marrying one's high-school sweetheart, having strong ties to one's nuclear family, coaching little league teams, paying taxes, paying bills on time, and volunteering in the community.[13]

Moral luck might influence the assessments of moral character. If one volunteers to help others, they may be considered a better person if something bad, uncontrollable, and unexpected happens to them while they are working. For example, a man who is stung by a bee while mowing the lawn for an elderly neighbor is often rated as having a better moral character than a similar man who is not stung by a bee.[14]

Negative findings of moral character can include a single legal citation, working for a marijuana farm or dispensary,[15] having children without being married, not paying taxes, dishonesty, receiving government support, and advocating for racism.[16] According to some moral character assessors, virtually all crimes such as city ordinance violations, misdemeanors, as well as felonies are considered to be de facto evidence that a person does not have good moral character. However, many states exclude minor traffic violations as part of a person's character assessment. The presence of any negative finding can outweigh several positive findings.

In immigration law

[edit]

Even minor violations of the law can be the sole reason for denying citizenship.[17] The United States Citizenship and Immigration Services describes "good moral character" as an absence of involvement in the following activities:[18]

  • Being convicted of murder
  • Being convicted of an aggravated felony or Federal crime, which includes:
    • Murder, rape, or sexual abuse of a minor
    • Illicit trafficking in controlled substances
    • Firearms, destructive devices, and explosive materials offenses
    • Money laundering
    • Crimes of violence for which the term of imprisonment is at least one year
    • Theft and burglary offenses for which the term of imprisonment is at least one year
    • Crimes involving the demand for or receipt of ransom
    • Crimes involving child pornography
    • Crimes involving a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO)
    • A second or subsequent gambling offense for which a one-year or greater term of imprisonment may be imposed
    • Prostitution managing and transporting offenses
    • Crimes against the government
    • Offenses that jeopardize national security
    • Offenses that involve fraud or deceit in which the victims' aggregate losses exceed $10,000
    • Tax evasion involving a government loss in excess of $10,000
    • People smuggling, except for first offenses involving attempts to enable entry by a relative of the accused
    • Certain offenses committed by immigrants who were previously deported for having committed a crime
    • Passport fraud offenses with a term of imprisonment of one year or greater, except for first offenses involving attempts to enable entry by a relative of the accused
    • Failure to appear to serve a sentence for which the underlying offense is punishable by imprisonment for five or more years
    • Offenses involving commercial bribery, counterfeiting, forgery, or trafficking in vehicles with altered identification numbers with a term of imprisonment of at least one year
    • Offenses involving obstruction of justice, perjury, subornation of perjury, and witness tampering with a term of imprisonment of at least one year
    • Failure to appear in court pursuant to court order to answer to a felony charge for which a sentence of two or more years’ imprisonment may be imposed
    • Committing or being convicted of one or more crimes involving "moral turpitude"[19]
    • Committing and being convicted of two or more offenses with a total sentence of five or more years
    • Being confined to a penal institution during the statutory period (either the preceding three or five years, depending on the circumstances, or one year for Armed Forces expedited cases) for an aggregate of 180 days or more
    • Committing and being convicted of two or more gambling offenses
    • Earning your principal income from gambling.
    • Being involved in prostitution or commercialized vice
    • Being involved in smuggling illegal aliens into the United States
    • Being a habitual drunkard
    • Practicing polygamy
    • Willfully failing or refusing to support dependents
    • Giving false testimony under oath in order to receive benefits under the Immigration and Nationality Act

Additionally, several other prior activities can disqualify a person from having a current "good moral character"[20]

  • Failing to register with the Selective Service System
  • Providing false information in documents
  • Falsely claiming U.S. citizenship

In employment

[edit]

Teachers, nurses, physicians, attorneys, barbers, liquor salespersons, pharmacists, and many other professionals require a state-issued license to perform their job.[21][22][23] In order to obtain a license to work, one must meet the regular non-moral requirements such as years of education and also convince the state board that the applicant has good moral character. However, the criteria used to determine good moral character can vary significantly.[24][25][26] Background checks are a type of verification of good moral character and they are often accompanied by drug testing. For admission to the bar in the United States, lawyers must go through extensive moral character checks as part of the application process.[27] Employers and some government regulations also require good moral character for positions such as executioners,[28] or for operating businesses selling pornographic materials.[29]

On May 14, 2019, Oklahoma enacted a law to remove the good moral character clauses from their licensure requirements and implemented more objective standards.[30] In 2019, Mississippi enacted legislation to limit the use of "vague" terms such as "moral turpitude" and "good character" by state agencies.[31]

In medicine

[edit]

A 1975 survey by Camenisch included responses from 19 state medical board presidents (respondents) wherein they placed eight characteristics of good moral character in order of importance from most to least.

They were (in ranked order):

  1. readiness to abide by laws governing medical practice (e.g., abortion and drug laws);
  2. willingness to abide by moral demands of doctor-patient relationship (e.g., to observe confidentiality);
  3. ranking patient's well-being as his highest goal in his practice of medicine;
  4. willingness to abide by professional etiquette (e.g., not to advertise);
  5. dedication to delivering the highest quality of medical care he and the science are capable of;
  6. dedication to enhancing public health through preventative as well as curative measures;
  7. dedication to seeing that all needing medical care get it under conditions they can meet without hardship; and
  8. preference for the traditional fee-for-service mode of practice.

Camenisch writes, "The grouping of the eight elements in the order of importance makes it clear that 'good moral character' in the minds of the respondents emphatically has more to do with the professional's obligations to a limited number of specific individuals, to his patients, than to the society at large, to the entire population of those needing health care... this second area ... includes such matters as the distribution of health care and the mode and ease of patient access to it. ... this low ranking of societal issues and responsibilities is of special interest in light of the fact that these same respondents, when asked to indicate the major differences between professional and other occupational licensing, gave highest place to 'the degree of dedication to the public well-being expected of the licensee.'"[32]

References

[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Good moral character

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Good moral character denotes an individual's stable to think, feel, and behave in alignment with ethical standards, typically encompassing traits like , fairness, trustworthiness, for others, and adherence to duties, which enable effective moral functioning and within . In philosophical traditions, particularly , good moral character is cultivated through habitual practice of virtues as a balanced mean between excess and deficiency, as articulated by , fostering or human flourishing rather than mere rule-following. Empirically, psychological research identifies measurable components such as , , and via instruments like the Moral Character Questionnaire, though findings indicate "mixed" traits where individuals exhibit virtue in some domains but not others, influenced by situational cues rather than unwavering consistency. Legally, the requirement appears in contexts like U.S. and professional licensing, where it demands evidence of conduct meeting "average citizen" norms during specified periods, barring offenses like or aggravated felonies that signal unreliability. Defining characteristics include not only absence of criminality but proactive qualities like candor and responsibility, yet assessments often rely on discretionary judgments prone to overinclusivity or underinclusivity relative to evolving societal standards. Notable controversies surround the concept's subjectivity and potential for , as evaluations can inflate self-perceived traits or vary by assessor , undermining causal reliability in predicting ethical ; studies highlight self-serving distortions and failures to adapt to cultural shifts, complicating uniform application. Despite these challenges, robust correlates with enhanced and reduced unethical actions across empirical datasets, underscoring its practical value in high-stakes domains like occupational fitness.

Philosophical Foundations

Core Definition and Concepts

Good moral character, in philosophical terms, denotes a stable set of dispositions or traits that reliably incline an individual to choose and perform actions aligned with ethical excellence, rather than mere compliance with rules or pursuit of consequences. These traits, often termed virtues, encompass qualities such as , , , and temperance, which enable consistent across diverse situations. Unlike transient behaviors or situational responses, good moral character involves enduring habits formed through deliberate practice and rational reflection, making the person themselves morally good rather than their actions in isolation. Central to this concept in , particularly Aristotle's as outlined in the , moral character (êthos) is a state of the achieved via , positioned as a mean between excess and deficiency in response to pleasures and pains. posits that virtues like (mean between rashness and ) or (between prodigality and stinginess) are not innate but cultivated through repeated actions, fostering a disposition where the virtuous person delights in right conduct. This teleological view ties good character to (human flourishing), arguing that moral excellence perfects human nature by aligning choices with reason's practical wisdom (phronêsis). In contrast, deontological traditions, such as , emphasize moral character through the "good will," which acts from duty via the rather than inclination or habit alone. Kant views character as the strength to subordinate sensible impulses to rational moral law, rendering actions morally worthy only if motivated by respect for duty, not empirical virtues. Contemporary revives Aristotelian emphases, critiquing rule-based or consequentialist approaches for neglecting character formation, and posits that good moral character integrates cognitive, affective, and behavioral elements into a unified ethical identity. Empirical support for character stability draws from psychological studies showing trait consistency predicts , though philosophers caution against over-relying on such data without normative grounding.

Historical Evolution in Ethics

The concept of good moral character in ethics originated in , where it was central to eudaimonic theories of human flourishing. (c. 469–399 BCE) equated with knowledge, positing that moral failings stem from ignorance rather than weakness of will, as explored in Plato's . (c. 428–347 BCE) extended this by describing good character as psychic harmony, with justice arising from the rational part of the soul ruling over appetitive and spirited elements, detailed in The Republic. (384–322 BCE) systematized the idea in (c. 350 BCE), defining moral as a stable disposition (hexis) to choose the mean between excess and deficiency in actions and emotions, cultivated through and practical wisdom (), emphasizing character over isolated acts. Hellenistic schools, particularly from (c. 300 BCE) onward, refined good moral character as alignment of the will with rational nature, viewing virtues like wisdom, courage, justice, and temperance as sufficient for regardless of external circumstances. In , (1225–1274) synthesized Aristotelian with Christian theology in Summa Theologica (1265–1274), portraying good moral character as infused habits disposing the soul toward through cardinal and theological virtues, subordinating pagan self-sufficiency to . The marked a shift away from character-centric ethics toward rule- or outcome-based frameworks. (1724–1804) in (1797) prioritized the good will's adherence to duty over cultivated dispositions, treating as moral strength in following categorical imperatives rather than habitual excellence. (1711–1776) countered with a sentiment-based view, where character traits like benevolence guide approbation but derive from passions rather than reason alone. Utilitarians such as (1748–1832) and (1806–1873) further de-emphasized intrinsic character, focusing on consequences for aggregate happiness, though Mill acknowledged character formation via education for utility. A 20th-century revival of virtue ethics restored emphasis on good moral character amid critiques of deontological and consequentialist dominance. G.E.M. Anscombe's 1958 essay "Modern Moral Philosophy" argued that rule-focused ethics failed post-Enlightenment, advocating a return to Aristotelian virtues and psychological realism about character. Alasdair MacIntyre's After Virtue (1981) critiqued emotivism and fragmented modernity, proposing good character as narrative coherence within tradition-bound practices fostering virtues like justice and courage. Contemporary virtue ethicists, including Rosalind Hursthouse and Julia Annas, build on this by integrating character dispositions with reasons for action, countering situationist challenges to trait stability with evidence of cross-situational consistency in virtuous behavior.

Statutory Basis in U.S. Law

The statutory for good moral character in U.S. originates primarily from the Immigration and Nationality Act of 1952 (INA), as amended, which mandates it as a prerequisite for under 8 U.S.C. § 1427(a)(3). This provision states that no shall be naturalized unless, during the applicable statutory periods—typically five years of continuous residence immediately preceding the application date, or three years for qualifying spouses of U.S. citizens—the applicant "has been and still is a person of good moral character." The INA ties this to broader eligibility criteria, including attachment to constitutional principles and toward the good order of the , with the burden on the applicant to demonstrate compliance. The INA provides a partial definition of good moral character in 8 U.S.C. § 1101(f), enumerating specific classes of persons who are precluded from being regarded as having it during the relevant period. These include: a habitual drunkard; individuals falling within certain inadmissibility grounds under 8 U.S.C. § 1182(a)(2)(D) (prostitution), (6)(E) (student visa abusers), or (10)(A) (former citizens who renounced to avoid taxes), or deportability grounds under 8 U.S.C. § 1227(a)(2)(A) (crimes involving moral turpitude), (B) (controlled substances), or (C) (firearms/fireworks offenses), excluding isolated simple possession of 30 grams or less of marijuana; those whose income derives principally from illegal gambling; persons convicted of two or more gambling offenses; individuals who gave false testimony to obtain immigration benefits; those confined for 180 days or more aggregate due to conviction in a penal institution; anyone convicted of an aggravated felony at any time prior; and those engaged in conduct such as Nazi persecution, genocide, torture, extrajudicial killing, or severe violations of religious freedom under 8 U.S.C. § 1182(a)(3)(E) or (2)(G). Exceptions apply to false citizenship claims or unlawful voting by certain long-term residents with U.S. citizen parents who reasonably believed themselves to be citizens. Critically, the emphasizes that absence from these enumerated classes does not compel a finding of good moral character, allowing for "other reasons" based on the totality of circumstances, such as patterns of unlawful or failure to meet standards of average citizens. This non-exhaustive framework extends the requirement to other INA contexts, including suspension of deportation (now largely superseded) and certain family-based relief, but remains its core application. While federal statutes in areas like child citizenship under 8 U.S.C. § 1431 reference good moral character, they incorporate the INA's standards without independent definitions.

Applications in Immigration and Naturalization

In , good moral character serves as a mandatory eligibility criterion for under section 316(a)(3) of the Immigration and Nationality Act (INA), requiring applicants to demonstrate that they have been and continue to be persons of good moral character during the statutory period—typically five years immediately preceding the date of filing the application, or three years for qualifying spouses of U.S. citizens. This standard is defined as conduct that measures up to the moral standards expected of average citizens in the community of residence, encompassing not only absence of disqualifying acts but also affirmative of ethical behavior. Applicants bear the burden of proof by a preponderance of the , with U.S. Citizenship and Immigration Services (USCIS) officers conducting holistic evaluations that include background checks, interviews, and review of records such as criminal history, tax compliance, and . Certain acts impose permanent bars to establishing good moral character, rendering applicants ineligible regardless of time elapsed or rehabilitation efforts; these include conviction of at any time or an aggravated as defined in INA section 101(a)(43). Conditional bars apply specifically within the statutory period and can preclude a finding of good moral character unless the applicant demonstrates extenuating circumstances; examples encompass violations of laws, two or more convictions involving , habitual drunkenness, , , or failure to support dependents. Additional disqualifiers include or willful misrepresentation in proceedings, false claims to U.S. , or unlawful voting, which undermine trust in the process. A USCIS policy memorandum issued on August 15, 2025, restored a more rigorous evaluation framework, directing officers to consider a broader range of conduct inconsistent with civic responsibility—such as repeated traffic violations, harassment, or failure to pay court-ordered child support—even if not explicitly barred by statute, while weighing positive factors like community service or family responsibilities. This holistic approach aims to ensure applicants align with societal norms of integrity and law-abiding behavior, with denials frequently stemming from undisclosed criminal records or patterns of non-compliance that fail to meet the preponderance standard. Failure to establish good moral character results in denial of the naturalization application (Form N-400), potentially leading to removal proceedings if underlying immigration status is affected, though applicants may reapply after addressing deficiencies or upon expiration of conditional bars.

Professional and Civic Applications

In Employment and Occupational Licensing

In , statutes in numerous U.S. states mandate that applicants demonstrate good moral character to obtain credentials for professions involving or safety, such as , , and . These requirements apply across a wide range of occupations, with states imposing them on 8 to 119 licensed fields each, and industries seeing mandates in 12 to 49 states. The rationale centers on ensuring licensees exhibit and reliability, as character flaws could undermine duties or . Evaluations typically scrutinize criminal records, application candor, and evidence of ethical conduct, but statutory definitions of good moral character are rare and often vague, appearing explicitly only in fields like . Felony convictions frequently trigger disqualification regardless of the offense's nature, remoteness, or relation to the profession—for instance, barring applicants from roles like Texas mortgage brokering or in multiple states. Licensing covers roughly 30% of the U.S. in regulated occupations, amplifying the requirement's scope. Such standards have drawn criticism for inconsistency and overbreadth, as they penalize reformed individuals without linking past non-violent offenses to future professional risks—affecting about 70 million Americans with criminal histories. In response, 19 states, including , , , and , have banned licensing boards from denying credentials based on vague good moral character or provisions for ex-offenders, prioritizing individualized assessments tied to job-relevant criteria. Judicial oversight has clarified applications; for example, the in September 2025 ruled that boards must weigh applicants' honesty, , rehabilitation efforts, and present suitability, rather than fixating on historical lapses alone. In broader contexts, particularly for unlicensed roles, employers indirectly evaluate moral character via criminal background checks, inquiries, and tests, though these lack the codified "good moral character" threshold of licensing regimes and vary by private policy or federal guidelines like the .

In Regulated Professions like Medicine and Law

In the legal profession, admission to the bar in all U.S. states requires applicants to demonstrate good moral character, often evaluated through a dedicated character and fitness review process conducted by state bar examiners or committees. This assessment typically involves disclosure of criminal history, academic misconduct, financial irresponsibility, substance abuse, or acts of dishonesty, with "moral turpitude" serving as a key benchmark for disqualifying conduct, defined as actions contrary to standards of justice, honesty, or good morals. For instance, California's State Bar mandates a positive moral character determination prior to licensure, considering factors such as candor, trustworthiness, and observance of fiduciary duties, and applicants bear the burden of proof. Similarly, South Dakota's statutes explicitly require good moral character for practice, where deficiencies like unaddressed criminal acts can lead to denial. Denials have occurred for issues including falsified applications or drug-related offenses, as these indicate potential risks to client trust and professional integrity. Medical licensing boards in the United States similarly condition physician licensure on good , aiming to ensure competence and ethical practice to safeguard patient welfare. State regulations, such as those in , empower boards to assess applicants' based on criminal convictions, ethical violations, or behaviors reflecting baseness or vileness, often categorized as crimes of . ' Medical Practice Act, for example, explicitly requires applicants to exhibit good , factoring in any history that might undermine professional reliability. Michigan's licensing process flags criminal convictions or judgments as potential indicators of lacking , prompting further investigation. A 2023 case in involved a physician's license denial by the Board of on grounds, contested in over allegations tied to prior professional conduct, highlighting how boards weigh past actions against public protection needs. These requirements stem from statutory frameworks emphasizing public safety in high-stakes fields, where lapses in honesty or ethics could result in harm, such as in or breaches of client in . Boards often require affidavits, background checks, and references attesting to character, with rehabilitation evidence—like sustained sobriety or —potentially mitigating prior issues. Across both professions, the process prioritizes verifiable patterns of behavior over isolated incidents, though evaluations remain state-specific and discretionary within legal bounds.

Assessment and Evaluation Processes

Criteria for Determining Good Moral Character

In immigration law, good moral character (GMC) for under the Immigration and Nationality Act (INA) requires that an applicant demonstrate adherence to the standards of average citizens in their community during the statutory period, typically five years preceding the application or three years for qualifying spouses of U.S. citizens. This determination is made on a case-by-case basis, with USCIS adjudicators evaluating the totality of circumstances rather than relying solely on isolated incidents. Certain acts impose permanent bars to establishing GMC, regardless of the statutory period, including conviction or admission of ; aggravated felonies as defined in INA 101(a)(43), such as illicit trafficking in controlled substances or ; or other severe offenses like or of a minor. Additional permanent bars apply to individuals who have engaged in , , or within the past ten years, or who have failed to support dependents when able to do so. Conditional bars, applicable only if committed within the statutory period, preclude GMC for offenses such as crimes involving (e.g., or with intent to defraud), multiple convictions with aggregate sentences of five years or more, controlled substance violations (except a single offense of simple possession of 30 grams or less of marijuana), or habitual drunkenness leading to multiple arrests. Other conditional factors include unlawful acts like false testimony for benefits, voting unlawfully in federal elections, or failing to register for Selective Service when required. Beyond statutory bars, adjudicators consider a range of positive and negative adjudicative factors in a holistic , as emphasized in USCIS updates effective August 15, 2025, which direct officers to weigh of rehabilitation, community contributions, and overall conduct against disqualifying behaviors. Positive factors may include: Negative factors short of bars, such as minor traffic offenses, isolated instances of poor judgment, or unresolved civil disputes, are assessed for patterns indicating a lack of adherence to standards, with the burden on the applicant to prove GMC by a preponderance of . , failure to pay , or extramarital affairs may also undermine GMC if they reflect willful disregard for legal or ethical obligations.

Evidence and Investigative Methods

Investigative methods for determining good moral character typically involve comprehensive background checks, including searches of criminal, civil, and financial records conducted through federal databases such as the FBI's and state repositories, to identify convictions, arrests, or patterns of unlawful behavior that may disqualify applicants. In U.S. proceedings, U.S. Citizenship and Immigration Services (USCIS) officers review court records, police reports, and history during the statutory period—generally five years prior to filing, extendable to ten years for certain cases—to assess adherence to legal obligations like compliance and child support payments. These checks are supplemented by biometric screenings and interagency to uncover unreported incidents. Personal evaluations form a core component, with applicants completing detailed questionnaires disclosing past conduct, followed by in-person interviews where officers probe discrepancies, evaluate candor, and gauge ongoing character through responses to hypothetical scenarios or explanations of prior actions. For bar admissions, state character and fitness committees conduct similar interviews, often requiring applicants to produce documentation verifying self-reported information and may initiate independent inquiries, such as contacting references or employers, to verify and rehabilitation efforts. Affidavits and character references provide affirmative evidence, drawn from employers, community leaders, or colleagues attesting to traits like and reliability; in professional licensing contexts, such letters must detail specific interactions and avoid generic praise to demonstrate moral fitness. USCIS policy, updated in August 2025, emphasizes holistic review incorporating positive indicators like stable employment records, volunteer service documentation, educational achievements, and family caregiving roles to counterbalance isolated infractions, ensuring assessments reflect broader behavioral patterns rather than isolated errors. In regulated professions, licensing boards may request proof of rehabilitation, including completion certificates from counseling programs or of community contributions post-offense.
  • Documentary Evidence: Tax returns, employment histories, and award certificates submitted to affirm responsibility and contributions.
  • Third-Party Verification: Mandatory disclosures from past employers or references, cross-checked against to detect omissions.
  • Ongoing Monitoring: In some cases, post-admission surveillance or periodic renewals requiring updated affidavits to confirm sustained character.
These methods prioritize verifiable data over subjective impressions, though adjudicators retain discretion to weigh totality of circumstances, with appeals available for adverse findings based on procedural errors in gathering.

Criticisms, Controversies, and Reforms

Claims of Subjectivity and Discriminatory

Critics argue that assessments of good moral character (GMC) in U.S. and processes exhibit significant subjectivity, as determinations rely heavily on discretionary judgments by adjudicators rather than uniform, quantifiable standards. The Immigration and Nationality Act (INA) outlines disqualifying factors such as certain criminal convictions or unlawful acts, but many evaluations hinge on vague criteria like "habits and associations" or "adulterous relationships" that lack precise definitions, leading to inconsistent outcomes across cases. For instance, U.S. Citizenship and Immigration Services (USCIS) officers may weigh of rehabilitation or context differently, resulting in approval rates varying by field office; data from 2019-2023 shows denial rates fluctuating between 5% and 10% annually, with anecdotal reports of similar fact patterns yielding disparate results. Legal scholars have noted this discretion can introduce personal , as evidenced in appellate decisions where Board of Immigration Appeals (BIA) reviews overturn GMC denials due to insufficient reasoning, suggesting initial assessments often prioritize subjective impressions over . Claims of discriminatory bias in GMC evaluations often center on disproportionate impacts on applicants from certain cultural, religious, or socioeconomic backgrounds. Immigrant rights organizations contend that criteria emphasizing "" crimes—such as petty theft or —disproportionately affect low-income or minority applicants, who face higher rates for such offenses due to systemic policing disparities rather than inherent character flaws. A 2018 study by the American Immigration Council analyzed deportation data and found that GMC-related removals were 2.5 times more likely for non-citizens from compared to those from , attributing this partly to differences in reporting and cultural norms around minor infractions. Similarly, in licensing contexts, such as bar admissions, GMC inquiries into past substance use or financial irresponsibility have been criticized for embedding class biases, as wealthier applicants can more readily demonstrate rehabilitation through private counseling, whereas others face barriers; a 2022 report from the National Conference of Bar Examiners highlighted how these standards correlate with lower passage rates among first-generation immigrants. Further allegations point to potential ideological or political , particularly in cases involving or associations deemed subversive. During the era, GMC denials targeted suspected communists, and contemporary critics claim echoes persist in scrutiny of applicants linked to groups like pro-Palestinian organizations, where USCIS has issued Requests for Evidence probing such ties without clear criminal nexus. A 2021 analysis by the reviewed Act data and found that political speech-related GMC challenges rose 15% post-2016, disproportionately affecting Middle Eastern applicants, though empirical causation for bias remains debated due to justifications. Proponents of reform argue these patterns reflect not deliberate prejudice but unexamined cultural assumptions in adjudicators—predominantly from homogeneous backgrounds—yet empirical validation is limited, with most evidence derived from advocacy reports rather than randomized audits. Courts have occasionally invalidated biased applications, as in Matter of Silva-Trevino (2008), where overly broad interpretations were curtailed to prevent arbitrary . Despite these claims, defenders of GMC standards emphasize their role in safeguarding public trust, noting that subjectivity is mitigated by appellate oversight and evidentiary requirements, with denial rates remaining low overall (under 7% for in FY 2023). However, proposed reforms, such as codifying clearer metrics or diversifying adjudicator training, aim to address perceived biases without diluting core protections, as recommended in a 2020 Government Accountability Office review that identified training gaps contributing to variability.

Empirical Evidence and Policy Responses

Empirical studies have documented inconsistencies in good moral character (GMC) determinations during proceedings, with approximately 6% of denials subject to administrative appeals, of which about half are successful, indicating variability in initial adjudications. Analogous research on asylum adjudications reveals significant officer-level disparities, with grant rates varying widely—for instance, some officers approving no cases from certain nationalities while others approve up to 68%—suggesting similar risks of subjectivity in GMC evaluations due to discretionary elements like vague statutory bars for "crimes involving ." These findings align with broader critiques that rigid, irrebuttable bars added since 1990—encompassing hundreds of offenses, including minor misdemeanors treated as aggravated felonies—fail to account for contextual factors, leading to overinclusive exclusions that contradict evidence of criminal desistance, where over 80% of offenders cease criminal activity by age 28 and risk aligns with the general population after seven crime-free years. Data on specific GMC grounds highlight potential discriminatory patterns, particularly in false testimony allegations under INA § 101(f)(6), which permit denials for material misrepresentations without requiring intent to deceive. An analysis of 158 federal court appeals since 1942 found such claims quadrupled post-9/11, with applicants from Muslim-majority countries—comprising about 12% of naturalization applicants—accounting for 46% of these appeals, and courts upholding 63% of denials while overturning 20%. This disproportionate scrutiny, amplified by programs like the Controlled Application Review and Resolution Program (CARRP) initiated in 2008, has been linked to heightened investigations of nationals from countries such as Pakistan, Iraq, and Iran, enabling pretextual use of minor inconsistencies to deny citizenship despite limited evidence of systemic fraud. Overall naturalization denial rates hover around 10% annually, though GMC-specific breakdowns are not publicly disaggregated by USCIS, complicating precise attribution; scholarly analyses from law reviews, often aligned with immigration advocacy perspectives, argue these patterns reflect institutional biases rather than neutral risk assessment. In response to such criticisms, U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance emphasizing holistic, totality-of-the-circumstances reviews, as outlined in an August 15, 2025, directing officers to weigh positive factors like involvement, employment stability, and rehabilitation evidence alongside disqualifying conduct, while referencing to promote consistency. This approach aims to mitigate prior rigidities, such as those critiqued in the 2006 Aytes for prompting erroneous referrals to removal proceedings, by allowing discretion for reformed applicants but also expanding scrutiny of behaviors diverging from " standards," including potential ideological indicators. Legislative reforms remain limited, though annual waivers under INA § 212(c) for certain pre-1997 convictions—numbering around 1,000 grants per year—provide relief, with scholarly proposals advocating elimination of the GMC requirement or time-limited bars (e.g., sunsetting after seven years) to align with data and reduce overreach. Critics from restrictionist perspectives, such as the Center for Immigration Studies, contend that enhanced discretion under the 2025 policy risks further inconsistency without empirical validation of improved outcomes.

References

  1. https://plato.stanford.edu/entries/moral-character/
  2. https://iep.utm.edu/moral-ch/
  3. https://www.calbar.ca.gov/Admissions/Moral-Character
  4. https://plato.stanford.edu/entries/moral-character-empirical/
  5. https://online.ucpress.edu/collabra/article/11/1/138646/212062/A-Critical-Evaluation-of-the-Factor-Structure-and
  6. https://academic.oup.com/mind/article/124/494/656/2606127
  7. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-9
  8. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-1
  9. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.10
  10. https://lawreview.colorado.edu/print/the-failures-of-good-moral-character-determinations-for-naturalization/
  11. https://www.sciencedirect.com/science/article/pii/S0022103123001373
  12. https://law.stanford.edu/wp-content/uploads/2017/11/Rhode-2017-Law__26_Social_Inquiry.pdf
  13. https://pubmed.ncbi.nlm.nih.gov/40111895/
  14. https://www.sciencedirect.com/science/article/abs/pii/S0191308514000070
  15. https://plato.stanford.edu/entries/ethics-virtue/
  16. https://classics.mit.edu/Aristotle/nicomachaen.2.ii.html
  17. https://www.sparknotes.com/philosophy/aristotle/section8/
  18. https://plato.stanford.edu/entries/kant-moral/
  19. https://ora.ox.ac.uk/objects/uuid:5edd493f-e783-4a8e-b246-4ba5a1e18082/files/ma0163c0909c919c98bd7a682bf504626
  20. https://iep.utm.edu/virtue/
  21. https://pmc.ncbi.nlm.nih.gov/articles/PMC5592308/
  22. https://www.law.cornell.edu/uscode/text/8/1427
  23. https://www.law.cornell.edu/uscode/text/8/1101
  24. https://www.law.cornell.edu/cfr/text/8/316.10
  25. https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf
  26. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-4
  27. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5
  28. https://www.emerald.com/insight/content/doi/10.1108/MRR-03-2019-0129/full/html
  29. https://ij.org/legislative-advocacy/state-occupational-licensing-reforms-for-people-with-criminal-records/
  30. https://www.ncbex.org/character-fitness
  31. https://www.calbar.ca.gov/Admissions/Moral-Character/Governing-Law
  32. https://sdlegislature.gov/api/Statutes/16-16-2.html?all=true
  33. https://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1117&context=naalj
  34. https://www.mass.gov/orgs/board-of-registration-in-medicine
  35. https://www.sec.state.ma.us/reg_pub/pdf/200/243002.pdf
  36. https://www.ncsbn.org/public-files/presentations/2018DCM_RMcKechney.pdf
  37. https://www.ilga.gov/Legislation/ILCS/Articles?ActID=1309&ChapterID=24
  38. https://www.michigan.gov/lara/bureau-list/bpl/resources/preliminary-determination-of-character
  39. https://iowacapitaldispatch.com/2023/06/19/physician-contests-states-moral-character-basis-for-license-denial/
  40. https://www.calbar.ca.gov/Portals/0/documents/admissions/moralCharacter/moral-character-determination-guidelines.pdf
  41. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2
  42. https://www.uscis.gov/sites/default/files/document/policy-manual/PM-602-0189_INA335.pdf
  43. https://www.barbri.com/resources/understanding-the-character-and-fitness-process-for-us-bar-admission
  44. https://scholarship.richmond.edu/cgi/viewcontent.cgi?article=1708&context=lawreview
  45. https://www.tong-law.com/character-references-in-medical-license-defense/
  46. https://simasgovlaw.com/types-of-evidence-of-rehabilitation-mitigation-and-character/
  47. https://jqklaw.com/good-moral-character-for-naturalization/
  48. https://testmaxprep.com/blog/bar-exam/character-and-fitness-the-bars-background-check
  49. https://www.lac.org/assets/files/Licensing-Training.pdf
  50. https://lawreview.colorado.edu/wp-content/uploads/2022/03/New.pdf
  51. https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11031&context=ilj
  52. https://www.uclalawreview.org/wp-content/uploads/securepdfs/2020/01/Arastu-66.5.pdf
  53. https://arvian-immigration.com/common-reasons-for-u-s-citizenship-denial-and-how-to-avoid-them/
  54. https://www.repository.law.[indiana](/page/Indiana).edu/cgi/viewcontent.cgi?article=11031&context=ilj
  55. https://cis.org/Jacobs/USCIS-Increases-Officer-Discretion-Assessing-Good-Moral-Character-Naturalization-Applicants
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