§ 1421. Naturalization authority

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.

1. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1421

   June 27, 1952, ch. 477, title III, ch. 2, § 310, 66 Stat. 239

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title III, ch. 2, § 310, 66 Stat. 239

2. 1958

   Pub. L. 85–508 § 25 · 72 Stat. 339

   Struck · 8 U.S.C. § 1421(a)

   Pub. L. 85–508 struck out provisions which conferred jurisdiction on District Court for Territory of Alaska. See section 81A of Title 28, which established a United States District Court for the State of Alaska

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–508 struck out provisions which conferred jurisdiction on District Court for Territory of Alaska. See section 81A of Title 28, which established a United States District Court for the State of Alaska.

   Enacted provision · exact public law section
   Sec. 25. The first sentence of section 310 (a) of the Immigration and Nationality Act (66 Stat. 239,8 U. S. C., sec. 1421 (a)) is amended by deleting the words “District Courts of the United States for the Territories of Hawaii and Alaska” and substituting therefor the words “District Court of the United States for the Territory of Hawaii”.

3. 1959

   Pub. L. 86–3 § 20(c) · 73 Stat. 4

   Struck · 8 U.S.C. § 1421(a)

   Pub. L. 86–3 struck out provisions which conferred jurisdiction on District Court for Territory of Hawaii. See section 91 of Title 28, Judiciary and Judicial Procedure, and notes thereunder

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–3 struck out provisions which conferred jurisdiction on District Court for Territory of Hawaii. See section 91 of Title 28, Judiciary and Judicial Procedure, and notes thereunder.

   Enacted provision · exact public law section
   (c) The first sentence of section 310(a) of the Immigration and Nationality Act, as amended (66 Stat. 239, 8 U.S.C. 1421 (a), 72 Stat. 351) is further amended by deleting the words “for the Territory of Hawaii, and”.

4. 1961

   Pub. L. 87–301 § 17 · 75 Stat. 650

   Added · 8 U.S.C. § 1421(e)

   Pub. L. 87–301 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 87–301 added subsec. (e).

   Enacted provision · exact public law section
   Sec. 17. Section 310 of the Immigration and Nationality Act (8 U.S.C. 1421) is hereby amended by adding the following additional subsection: “(e) Notwithstanding the provisions of section 405(a), any petition for naturalization filed on or after the enactment of this subsection shall be heard and determined in accordance with the requirements of this title.”

5. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 9(s) · 102 Stat. 2609

   Struck · 8 U.S.C. § 1421(e)

   Pub. L. 100–525 struck out subsec. (e) which read as follows: “Notwithstanding the provisions of section 405(a), any petition for naturalization filed on or after September 26, 1961, shall be heard and determined in accordance with the requirements of this subchapter.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–525 struck out subsec. (e) which read as follows: “Notwithstanding the provisions of section 405(a), any petition for naturalization filed on or after September 26, 1961, shall be heard and determined in accordance with the requirements of this subchapter.”

   Enacted provision · exact public law section
   (s) Section 310 of such Act (8 U.S.C. 1421) is amended by striking subsection (e).

6. 1990

   Immigration Act of 1990

   Pub. L. 101–649 title IV § 401(a) · 104 Stat. 4978

   1. Amended · 8 U.S.C. § 1421

      Pub. L. 101–649 amended section generally

   2. Substituted · 8 U.S.C. § 1421

      Pub. L. 101–649 substituting provisions authorizing Attorney General to naturalize persons as citizens, for provisions granting certain courts exclusive jurisdiction to naturalize

   Source evidence

   Code amendment note
   Pub. L. 101–649 amended section generally, substituting provisions authorizing Attorney General to naturalize persons as citizens, for provisions granting certain courts exclusive jurisdiction to naturalize.

   Enacted provision · exact public law section
   (a) Naturalization Authority.— Section 310 (8 U.S.C. 1421) is amended to read as follows: “Sec. 310. “naturalization authority (a) Authority in Attorney General.— The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General. “(b) Administration of Oaths.— An applicant for naturalization may choose to have the oath of allegiance under section 337(a) administered by the Attorney General or by any District Court of the United States for any State or by any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all courts in this subsection specified to administer the oath of allegiance shall extend only to persons resident within the respective jurisdiction of such courts. “(c) Judicial Review.— A person whose application for naturalization under this title is denied, after a hearing before an immigration officer under section 336(a), may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States Code. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application. “(d) Sole Procedure.— A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this title and not otherwise.”.

   Effective date note
   Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

7. 1991

   Pub. L. 102–232 § 102(a) · 105 Stat. 1733

   Amended · 8 U.S.C. § 1421(b)

   Pub. L. 102–232, § 102(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “An applicant for naturalization may choose to have the oath of allegiance under section 1448(a) of this title administered by the Attorney General or by any district court of the United States for any State or by any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all courts in this subsection specified to administer the oath of allegiance shall extend only to persons resident within the respective jurisdiction of such courts.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–232, § 102(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “An applicant for naturalization may choose to have the oath of allegiance under section 1448(a) of this title administered by the Attorney General or by any district court of the United States for any State or by any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all courts in this subsection specified to administer the oath of allegiance shall extend only to persons resident within the respective jurisdiction of such courts.”

   Enacted provision · exact public law section
   (a) In General.— Subsection (b) of section 310 of the Immigration and Nationality Act (8 U.S.C. 1421), as amended by section 401(a) of the Immigration Act of 1990, is amended to read as follows: “(b) Court Authority to Administer Oaths.— “(1) Jurisdiction.— Subject to section 337(c)— “(A) General Jurisdiction.— Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 337(a) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court. “(B) Exclusive Authority.— An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 337(a) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period. “(2) Information.— “(A) General information.— In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General— “(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and “(ii) the Attorney General— “(I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 337(a), and “(II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General). “(B) Assignment of individuals in the case of exclusive authority.— If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person’s application for naturalization, of— “(i) the court’s exclusive authority to administer the oath of allegiance under section 337(a) to such a person during the period specified in paragraph (3)(A)(i), and “(ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies. If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section. “(3) Scope of exclusive authority.— “(A) Limited period and advance notice required.— The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person— “(i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and “(ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies. “(B) Authority of attorney general.— Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person. “(C) Waiver of exclusive authority.— Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under section 337(a) to a person under this subsection if the Attorney General has not provided the court with the certification described in subparagraph (A)(i) within a reasonable time before the date scheduled by the court for oath administration ceremonies. Upon notification of a court’s waiver of jurisdiction, the Attorney General shall promptly notify the applicant. “(4) Issuance of certificates.— The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance. “(5) Eligible courts.— For purposes of this section, the term ’eligible court’ means— “(A) a District Court of the United States in any State, or “(B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.”.

8. 1991

   Pub. L. 102–232 § 305(a) · 105 Stat. 1733

   Substituted · 8 U.S.C. § 1421(b)

   Pub. L. 102–232, § 305(a), substituted “district court” for “District Court”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–232, § 305(a), substituted “district court” for “District Court”.

   Enacted provision · exact public law section
   (a) Section 310(b) of the INA, as amended by section 401(a) of the Immigration Act of 1990, is amended by striking “District Court” 8 USC 1421. and inserting “district court”.

9. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 title II § 219(u) · 108 Stat. 4305

   Substituted · 8 U.S.C. § 1421(b)(5)(A)

   Pub. L. 103–416 substituted “district court” for “District Court”

   Source evidence

   Code amendment note
   Subsec. (b)(5)(A). Pub. L. 103–416 substituted “district court” for “District Court”.

   Enacted provision · exact public law section
   (u) Section 310(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1421(b)(5)(A)) is amended by striking “District Court” and inserting “district court”.

   Effective date note
   Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

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