8-U.S.C.-1442
§1442 – Alien Enemies
Pathway
Title 8 > Chapter 12 > Subchapter III > Part II > Section 1442
Details
- Reference: Section 1442
- Legend: §1442 – Alien Enemies
- USCode Year: 2013
Provision Content
(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 aliens 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 Generals 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.
(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.)
Amendments
1990—Subsec. (a). Pub. L. 101–649, §407(c)(13), substituted references to applicant and application for references to petitioner and petition wherever appearing.
Subsec. (b). Pub. L. 101–649, §407(d)(9), substituted considered or heard except after 90 days’ notice to the Attorney General to be considered at the examination or hearing, and the Attorney Generals objection to such consideration shall cause the application to be continued” for called for a hearing, or heard, except after ninety days’ notice given by the clerk of the court to the Attorney General to be represented at the hearing, and the Attorney Generals objection to such final hearing shall cause the petition to be continued”.
Pub. L. 101–649, §407(c)(13), substituted application” for petition” after have his”.
Subsec. (c). Pub. L. 101–649, §407(c)(13), substituted an application” for a petition” wherever appearing.
Subsec. (d). Pub. L. 101–649, §407(e)(2), struck out at end Notwithstanding the provisions of section 405(b) of this Act, this subsection shall also apply to the case of any such alien whose petition for naturalization was filed prior to the effective date of this chapter and which is still pending on that date.”
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
U.S. Encyclopedia of Law Coverage
8-U.S.C.-1441 in the Legal Encyclopedia: Immigration
In this entry about 8-U.S.C.-1441, find legal reference material, bibliographies and premiere content related to immigration in the American Encyclopedia of Law, presenting a comprehensive view of the United States immigration-specific issues, written by authorities in the field.
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