§ 1442. Federal officers or agencies sued or prosecuted

Statutory text

A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:

The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.

A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.

Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties;

Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House.

A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process.

Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer—

protected an individual in the presence of the officer from a crime of violence;

provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or

prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury.

In this section, the following definitions apply:

The terms “civil action” and “criminal prosecution” include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.

The term “crime of violence” has the meaning given that term in section 16 of title 18.

The term “law enforcement officer” means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Security Service of the Department of State.

The term “serious bodily injury” has the meaning given that term in section 1365 of title 18.

The term “State” includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18).

The term “State court” includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1442
June 25, 1948, ch. 646, 62 Stat. 938
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 938
1996
Pub. L. 104–317 § 206(a)(1) · 110 Stat. 3847
Inserted · 28 U.S.C. § 1442
Pub. L. 104–317, § 206(a)(1), inserted “or agencies” after “officers” in section catchline
Source evidence
Code amendment note
Pub. L. 104–317, § 206(a)(1), inserted “or agencies” after “officers” in section catchline.
Enacted provision · exact public law section
(1) in the section heading by inserting “or agencies” after “officers”; and
1996
Pub. L. 104–317 § 206(a)(2) · 110 Stat. 3847
1. Struck · 28 U.S.C. § 1442(a)
  Pub. L. 104–317, § 206(a)(2), struck out “persons” after “following” in introductory provisions
2. Substituted · 28 U.S.C. § 1442(a)
  Pub. L. 104–317, § 206(a)(2), substituted “The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office” for “Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office” in par. (1)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–317, § 206(a)(2), struck out “persons” after “following” in introductory provisions and substituted “The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office” for “Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office” in par. (1).
Enacted provision · exact public law section
(2) in subsection (a)— (A) in the matter preceding paragraph (1) by striking out “persons”; and (B) in paragraph (1) by striking out “Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office” and inserting in lieu thereof “The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office”.
2011
Removal Clarification Act of 2011
Pub. L. 112–51 § 2(a)(1) · 125 Stat. 545
Inserted · 28 U.S.C. § 1442(a)
Pub. L. 112–51, § 2(a)(1), inserted “that is” after “or criminal prosecution”, “and that is” after “in a State court”, and “or directed to” after “against” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–51, § 2(a)(1), inserted “that is” after “or criminal prosecution”, “and that is” after “in a State court”, and “or directed to” after “against” in introductory provisions.
Enacted provision · exact public law section
(1) in subsection (a), in the matter preceding paragraph (1)— (A) by inserting “that is” after “or criminal prosecution”; (B) by inserting “and that is” after “in a State court”; and (C) by inserting “or directed to” after “against”; and
2011
Removal Clarification Act of 2011
Pub. L. 112–51 § 2(b)(1) · 125 Stat. 545
1. Substituted · 28 U.S.C. § 1442(a)(1)
  Pub. L. 112–51, § 2(b)(1), substituted “capacity, for or relating to” for “capacity for”
2. Struck · 28 U.S.C. § 1442(a)(1)
  Pub. L. 112–51, § 2(b)(1), struck out “sued” after “thereof,”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 112–51, § 2(b)(1), substituted “capacity, for or relating to” for “capacity for” and struck out “sued” after “thereof,”.
Enacted provision · exact public law section
(1) in paragraph (1)— (A) by striking “capacity for” and inserting “capacity, for or relating to”; and (B) by striking “sued”; and
2011
Removal Clarification Act of 2011
Pub. L. 112–51 § 2(b)(2) · 125 Stat. 545
Inserted · 28 U.S.C. § 1442(a)(3); 28 U.S.C. § 1442(a)(4)
Pub. L. 112–51, § 2(b)(2), inserted “or relating to” after “for”
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 112–51, § 2(b)(2), inserted “or relating to” after “for”.
Enacted provision · exact public law section
(2) in each of paragraphs (3) and (4), by inserting “or relating to” after “for”.
2011
Removal Clarification Act of 2011
Pub. L. 112–51 § 2(a)(2) · 125 Stat. 545
Added · 28 U.S.C. § 1442(c)
Pub. L. 112–51, § 2(a)(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–51, § 2(a)(2), added subsec. (c).
Enacted provision · exact public law section
(2) by adding at the end the following: “(c) As used in subsection (a), the terms ‘civil action’ and ‘criminal prosecution’ include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.” .
2013
National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 div. A title X § 1087 · 126 Stat. 1632
1. Added · 28 U.S.C. § 1442(c); 28 U.S.C. § 1442(d)
  Pub. L. 112–239 added subsecs. (c) and (d)
2. Struck · 28 U.S.C. § 1442(c); 28 U.S.C. § 1442(d)
  Pub. L. 112–239 struck out former subsec. (c) which read as follows: “As used in subsection (a), the terms ‘civil action’ and ‘criminal prosecution’ include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.”
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 112–239 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “As used in subsection (a), the terms ‘civil action’ and ‘criminal prosecution’ include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.”
Enacted provision · exact public law section
SEC. 1087. REMOVAL OF ACTION. Section 1442 of title 28, United States Code, is amended by striking subsection (c) and inserting the following: “(c) Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer— “(1) protected an individual in the presence of the officer from a crime of violence; “(2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or “(3) prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury. “(d) In this section, the following definitions apply: “(1) The terms ‘civil action’ and ‘criminal prosecution’ include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court. “(2) The term ‘crime of violence’ has the meaning given that term in section 16 of title 18. “(3) The term ‘law enforcement officer’ means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Security Service of the Department of State. “(4) The term ‘serious bodily injury’ has the meaning given that term in section 1365 of title 18. “(5) The term ‘State’ includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18). “(6) The term ‘State court’ includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.” .

10 of 11 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 76 and 77 (Mar. 3, 1911, ch. 231, §§ 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 Stat. 532).

Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 ed.

The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof. Section 76 of title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in the enforcement of the criminal or revenue laws.

The procedural provisions of section 76 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. (See reviser’s notes under those sections.)

Changes were made in phraseology.

Editorial Notes

Amendments1996–2013 · 3 rounds

2013

Subsecs. (c), (d). Pub. L. 112–239 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “As used in subsection (a), the terms ‘civil action’ and ‘criminal prosecution’ include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.”

2011

Subsec. (a). Pub. L. 112–51, § 2(a)(1), inserted “that is” after “or criminal prosecution”, “and that is” after “in a State court”, and “or directed to” after “against” in introductory provisions.

Subsec. (a)(1). Pub. L. 112–51, § 2(b)(1), substituted “capacity, for or relating to” for “capacity for” and struck out “sued” after “thereof,”.

Subsec. (a)(3), (4). Pub. L. 112–51, § 2(b)(2), inserted “or relating to” after “for”.

Subsec. (c). Pub. L. 112–51, § 2(a)(2), added subsec. (c).

1996

Pub. L. 104–317, § 206(a)(1), inserted “or agencies” after “officers” in section catchline.

Subsec. (a). Pub. L. 104–317, § 206(a)(2), struck out “persons” after “following” in introductory provisions and substituted “The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office” for “Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office” in par. (1).

Credits

1948–2013 · 4 acts

1948June 25, 1948, ch. 646, 62 Stat. 938
1996Pub. L. 104–317, title II, § 206(a), Oct. 19, 1996, 110 Stat. 3850
2011Pub. L. 112–51, § 2(a), (b), Nov. 9, 2011, 125 Stat. 545
2013Pub. L. 112–239, div. A, title X, § 1087, Jan. 2, 2013, 126 Stat. 1969.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 938; Pub. L. 104–317, title II, § 206(a), Oct. 19, 1996, 110 Stat. 3850; Pub. L. 112–51, § 2(a), (b), Nov. 9, 2011, 125 Stat. 545; Pub. L. 112–239, div. A, title X, § 1087, Jan. 2, 2013, 126 Stat. 1969.)