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8 U.S.C. § 1448Oath of renunciation and allegiance

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 764 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires most naturalization applicants to take a public oath of allegiance and allows limited religious-belief exceptions. It also covers title renunciation, expedited ceremonies, oath waivers, and ceremony rules.

(a) Before admission to citizenship, an applicant must take a public oath before the Attorney General or a court with jurisdiction under section 1421(b). The oath must promise: (1) support for the Constitution; (2) complete renunciation of allegiance to every foreign prince, ruler, State, or sovereignty of which the applicant was previously a subject or citizen; (3) support and defense of the Constitution and laws against foreign and domestic enemies; (4) true faith and allegiance to them; and (5) either (A) bearing arms for the United States when law requires, (B) noncombatant service in the Armed Forces when law requires, or (C) civilian work of national importance when law requires. The oath must contain the substance of clauses (1) through (5). But a person who clearly and convincingly proves to the Attorney General that religious training and belief opposes bearing arms must take clauses (1) through (4) and (5)(B) and (C). A person who proves that such belief opposes every type of Armed Forces service must take clauses (1) through (4) and (5)(C). “Religious training and belief” means an individual’s belief in a relationship to a Supreme Being involving duties higher than duties from any human relationship. It does not include mainly political, sociological, or philosophical views, or only a personal moral code. For a child naturalized under section 1433, the Attorney General may waive the oath if the child cannot understand it. The Attorney General may waive it for a person unable to understand or communicate an understanding because of a physical or developmental disability or mental impairment. A person receiving that waiver is treated as meeting section 1427(a)(3)’s requirement of attachment to constitutional principles and good disposition toward the United States’ order and happiness. (b) An applicant who has held a hereditary title or belonged to a foreign order of nobility must also expressly renounce that title or order under oath in the same public ceremony. The renunciation must be recorded. (c) Despite section 1421(b), an individual may receive an expedited judicial oath ceremony or administrative naturalization by showing sufficient cause. A court must consider special circumstances, including serious illness of the applicant or an immediate family member, a permanent disability that prevents personal appearance at the scheduled ceremony, developmental disability, advanced age, or urgent travel or employment circumstances. If an expedited court ceremony is impracticable, the court must refer the person to the Attorney General, who may provide immediate administrative naturalization. (d) The Attorney General must issue rules and procedures ensuring that Attorney General oath ceremonies are public, held often and at regular intervals, and consistent with the occasion’s dignity.
the actual law source: uscode.house.gov ↗public domain
(a) Public ceremony

A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath (1) to support the Constitution of the United States; (2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen; (3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic; (4) to bear true faith and allegiance to the same; and (5)(A) to bear arms on behalf of the United States when required by the law, or (B) to perform noncombatant service in the Armed Forces of the United States when required by the law, or (C) to perform work of national importance under civilian direction when required by the law. Any such person shall be required to take an oath containing the substance of clauses (1) to (5) of the preceding sentence, except that a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to the bearing of arms in the Armed Forces of the United States by reason of religious training and belief shall be required to take an oath containing the substance of clauses (1) to (4) and clauses (5)(B) and (5)(C) of this subsection, and a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to any type of service in the Armed Forces of the United States by reason of religious training and belief shall be required to take an oath containing the substance of said clauses (1) to (4) and clause (5)(C). The term “religious training and belief” as used in this section shall mean an individual’s belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code. In the case of the naturalization of a child under the provisions of section 1433 of this title the Attorney General may waive the taking of the oath if in the opinion of the Attorney General the child is unable to understand its meaning. The Attorney General may waive the taking of the oath by a person if in the opinion of the Attorney General the person is unable to understand, or to communicate an understanding of, its meaning because of a physical or developmental disability or mental impairment. If the Attorney General waives the taking of the oath by a person under the preceding sentence, the person shall be considered to have met the requirements of section 1427(a)(3) of this title with respect to attachment to the principles of the Constitution and well disposition to the good order and happiness of the United States.

(b) Hereditary titles or orders of nobility

In case the person applying for naturalization has borne any hereditary title, or has been of any of the orders of nobility in any foreign state, the applicant shall in addition to complying with the requirements of subsection (a) of this section, make under oath in the same public ceremony in which the oath of allegiance is administered, an express renunciation of such title or order of nobility, and such renunciation shall be recorded as a part of such proceedings.

(c) Expedited judicial oath administration ceremony

Notwithstanding section 1421(b) of this title, an individual may be granted an expedited judicial oath administration ceremony or administrative naturalization by the Attorney General upon demonstrating sufficient cause. In determining whether to grant an expedited judicial oath administration ceremony, a court shall consider special circumstances (such as serious illness of the applicant or a member of the applicant’s immediate family, permanent disability sufficiently incapacitating as to prevent the applicant’s personal appearance at the scheduled ceremony, developmental disability or advanced age, or exigent circumstances relating to travel or employment). If an expedited judicial oath administration ceremony is impracticable, the court shall refer such individual to the Attorney General who may provide for immediate administrative naturalization.

(d) Rules and regulations

The Attorney General shall prescribe rules and procedures to ensure that the ceremonies conducted by the Attorney General for the administration of oaths of allegiance under this section are public, conducted frequently and at regular intervals, and are in keeping with the dignity of the occasion.

Source credit: (June 27, 1952, ch. 477, title III, ch. 2, § 337, 66 Stat. 258; Pub. L. 97–116, § 18(o), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 101–649, title IV, § 407(c)(18), (d)(15), Nov. 29, 1990, 104 Stat. 5041, 5044; Pub. L. 102–232, title I, § 102(b)(2), title III, § 305(i), Dec. 12, 1991, 105 Stat. 1736, 1750; Pub. L. 106–448, § 1, Nov. 6, 2000, 114 Stat. 1939.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 258
  • 1981Amended · Pub. L. 97-116 · 95 Stat. 1621
  • 1990Amended · Pub. L. 101-649 · 104 Stat. 5041, 5044
  • 1991Amended · Pub. L. 102-232 · 105 Stat. 1736, 1750
  • 2000Amended · Pub. L. 106-448 · 114 Stat. 1939

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

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