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8 U.S.C. § 1442Alien enemies

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 321 words · no verdicts yet

in plain englishAI-generated · not legal advice

An alien from a country at war with the United States may be naturalized under the stated loyalty and timing rules. The section sets notice and objection procedures, a discretionary exception, the effect of ended hostilities, and continued authority to apprehend or remove the alien before naturalization.

(a) An alien who is a native, citizen, subject, or denizen of a country or sovereignty at war with the United States may be naturalized after the Attorney General’s investigation fully establishes loyalty, if the naturalization application was pending when the war began and the applicant otherwise qualifies. (b) The application may not be considered or heard until the Attorney General has received 90 days’ notice. An objection by the Attorney General postpones consideration for as long as the Attorney General requires. (c) In the Attorney General’s discretion, an enemy alien whose application was not pending when war began may be removed from the “alien enemy” classification if an investigation fully establishes loyalty. The alien may then file a naturalization application. (d) The alien stops being an enemy alien under this section when the President by proclamation or Congress by concurrent resolution determines that hostilities have ended. (e) This section does not interfere with or prevent lawful apprehension and removal of an enemy alien before actual naturalization.
the actual law source: uscode.house.gov ↗public domain
(a) Naturalization under specified conditions

An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may, after his loyalty has been fully established upon investigation by the Attorney General, be naturalized as a citizen of the United States if such alien’s application for naturalization shall be pending at the beginning of the state of war and the applicant is otherwise entitled to admission to citizenship.

(b) Procedure

An alien embraced within this section shall not have his application for naturalization considered or heard except after 90 days’ notice to the Attorney General to be considered at the examination or hearing, and the Attorney General’s objection to such consideration shall cause the application to be continued from time to time for so long as the Attorney General may require.

(c) Exceptions from classification

The Attorney General may, in his discretion, upon investigation fully establishing the loyalty of any alien enemy who did not have an application for naturalization pending at the beginning of the state of war, except such alien enemy from the classification of alien enemy for the purposes of this subchapter, and thereupon such alien shall have the privilege of filing an application for naturalization.

(d) Effect of cessation of hostilities

An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall cease to be an alien enemy within the meaning of this section upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities between the United States and such country, state, or sovereignty have ended.

(e) Apprehension and removal

Nothing contained herein shall be taken or construed to interfere with or prevent the apprehension and removal, consistent with law, of any alien enemy at any time prior to the actual naturalization of such alien.

Source credit: (June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 252; Pub. L. 101–649, title IV, § 407(c)(13), (d)(9), (e)(2), Nov. 29, 1990, 104 Stat. 5041, 5042, 5046.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 252
  • 1990Amended · Pub. L. 101-649 · 104 Stat. 5041, 5042, 5046

A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.

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