Title 8 — Aliens and Nationality
Part II · Chapter 12 — Immigration and Nationality
§ 1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government
Statutory text
Notwithstanding the provisions of section 405(b) of this Act, no person shall hereafter be naturalized as a citizen of the United States—
who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all organized government; or
who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist-front organization; or
who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under authority of such organization or paid for by the funds of such organization; or
who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or
who writes or publishes or causes to be written or published, or who knowingly circulates, distributes, prints, or displays, or knowingly causes to be circulated, distributed, printed, published, or displayed, or who knowingly has in his possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (E) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship; or
who is a member of or affiliated with any organization that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subparagraph (5) of this subsection.
The provisions of this section or of any other section of this chapter shall not be construed as declaring that any of the organizations referred to in this section or in any other section of this chapter do not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means.
The provisions of this section shall be applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the application for naturalization or after such filing and before taking the final oath of citizenship is, or has been found to be within any of the classes enumerated within this section, notwithstanding that at the time the application is filed he may not be included within such classes.
Any person who is within any of the classes described in subsection (a) solely because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) if such person establishes that such membership or affiliation is or was involuntary, or occurred and terminated prior to the attainment by such alien of the age of sixteen years, or that such membership or affiliation is or was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes.
A person may be naturalized under this subchapter without regard to the prohibitions in subsections (a)(2) and (c) of this section if the person—
is otherwise eligible for naturalization;
is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection;
does not fall within any other of the classes described in that subsection; and
is determined by the Director of Central Intelligence, in consultation with the Secretary of Defense when Department of Defense activities are relevant to the determination, and with the concurrence of the Attorney General and the Secretary of Homeland Security, to have made a contribution to the national security or to the national intelligence mission of the United States.
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.
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1424
June 27, 1952, ch. 477, title III, ch. 2, § 313, 66 Stat. 240
Source evidence
Code source credit
June 27, 1952, ch. 477, title III, ch. 2, § 313, 66 Stat. 240Immigration Technical Corrections Act of 1988
Pub. L. 100–525 § 9(u) · 102 Stat. 2609
Substituted · 8 U.S.C. § 1424(a)(2)(D)
Pub. L. 100–525 substituted “party of” for “party or”
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 100–525 substituted “party of” for “party or”.Enacted provision · exact public law section
(u) Section 313(a)(2)(D) of such Act (8 U.S.C.. 1424(a)(2)(D)) is amended by striking “totalitarian party or” and inserting “totalitarian party of”.Immigration Act of 1990
Pub. L. 101–649 title IV § 407(c)(1) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1424(c)
Pub. L. 101–649 substituted “application” for “petition” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–649 substituted “application” for “petition” wherever appearing.Enacted provision · exact public law section
(1) Section 313(c) (8 U.S.C. 1424(c)).Pub. L. 102–232 title III § 309(b)(13) · 105 Stat. 1733
Inserted · 8 U.S.C. § 1424(a)(2)
Pub. L. 102–232 inserted “and” before “(F)”
Struck · 8 U.S.C. § 1424(a)(2)
Pub. L. 102–232 struck out “; (G) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-action organization during the time it is registered or required to be registered under the provisions of section 786 of title 50; or (H) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-front organization during the time it is registered or required to be registered under section 786 of title 50” after “may hereafter adopt”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 102–232 inserted “and” before “(F)” and struck out “; (G) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-action organization during the time it is registered or required to be registered under the provisions of section 786 of title 50; or (H) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-front organization during the time it is registered or required to be registered under section 786 of title 50” after “may hereafter adopt”.Enacted provision · exact public law section
(13) Section 313(a)(2) of the INA is amended by inserting “and” 8 USC 1424. before “(F)” and by striking “; (G)” and all that follows through “of 1950” the second place it appears.Immigration and Nationality Technical Corrections Act of 1994
Pub. L. 103–416 title II § 219(v) · 108 Stat. 4305
Substituted · 8 U.S.C. § 1424(a)(2)
Pub. L. 103–416 substituted “or” for “and” before “(F)”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 103–416 substituted “or” for “and” before “(F)”.Enacted provision · exact public law section
(v) Effective December 12, 1991, section 313(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1424(a)(2)) is amended by striking “and” before “(F)” and inserting “or”.Effective date note
Pub. L. 103–416, title II, § 219(v), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by that section is effective Dec. 12, 1991.Intelligence Authorization Act for Fiscal Year 2000
Pub. L. 106–120 title III § 306 · 113 Stat. 1606
Added · 8 U.S.C. § 1424(e)
Pub. L. 106–120 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–120 added subsec. (e).Enacted provision · exact public law section
SEC. 306. NATURALIZATION OF CERTAIN PERSONS AFFILIATED WITH A COMMUNIST OR SIMILAR PARTY. Section 313 of the Immigration and Nationality Act (8 U.S.C. 1424) is amended by adding at the end the following new subsection: “(e) A person may be naturalized under this title without regard to the prohibitions in subsections (a)(2) and (c) of this section if the person— “(1) is otherwise eligible for naturalization; “(2) is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection; “(3) does not fall within any other of the classes described in that subsection; and “(4) is determined by the Director of Central Intelligence, in consultation with the Secretary of Defense, and with the concurrence of the Attorney General, to have made a contribution to the national security or to the national intelligence mission of the United States.”.Intelligence Authorization Act for Fiscal Year 2004
Pub. L. 108–177 title III § 373 · 117 Stat. 2599
Inserted · 8 U.S.C. § 1424(e)(4)
Pub. L. 108–177 inserted “when Department of Defense activities are relevant to the determination” after “Secretary of Defense” and “and the Secretary of Homeland Security” after “Attorney General”
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 108–177 inserted “when Department of Defense activities are relevant to the determination” after “Secretary of Defense” and “and the Secretary of Homeland Security” after “Attorney General”.Enacted provision · exact public law section
SEC. 373. MODIFICATION OF PROHIBITION ON THE NATURALIZATION OF CERTAIN PERSONS. Section 313(e)(4) of the Immigration and Nationality Act (8 U.S.C. 1424(e)(4)) is amended— (1) by inserting “when Department of Defense activities are relevant to the determination” after “Secretary of Defense”; and (2) by inserting “and the Secretary of Homeland Security” after “Attorney General”.
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 405(b) of this Act, referred to in subsec. (a), is section 405(b) of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings Clause note under section 1101 of this title.
This chapter, referred to in subsec. (b), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Amendments1988–2003 · 6 rounds
2003
Subsec. (e)(4). Pub. L. 108–177 inserted “when Department of Defense activities are relevant to the determination” after “Secretary of Defense” and “and the Secretary of Homeland Security” after “Attorney General”.
1999
Subsec. (e). Pub. L. 106–120 added subsec. (e).
1994
Subsec. (a)(2). Pub. L. 103–416 substituted “or” for “and” before “(F)”.
1991
Subsec. (a)(2). Pub. L. 102–232 inserted “and” before “(F)” and struck out “; (G) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-action organization during the time it is registered or required to be registered under the provisions of section 786 of title 50; or (H) who, regardless of whether he is within any of the other provisions of this section, is a member of or affiliated with any Communist-front organization during the time it is registered or required to be registered under section 786 of title 50” after “may hereafter adopt”.
1990
Subsec. (c). Pub. L. 101–649 substituted “application” for “petition” wherever appearing.
1988
Subsec. (a)(2)(D). Pub. L. 100–525 substituted “party of” for “party or”.
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.
Effective Date of 1994 Amendment
Pub. L. 103–416, title II, § 219(v), , 108 Stat. 4318, provided that the amendment made by that section is effective .
Effective Date
Section effective 180 days after , see section 407 of act , set out as a note under section 1101 of this title.
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.
Credits
1952–2003 · 7 acts
- 1952June 27, 1952, ch. 477, title III, ch. 2, § 313, 66 Stat. 240
- 1988Pub. L. 100–525, § 9(u), , 102 Stat. 2621
- 1990Pub. L. 101–649, title IV, § 407(c)(1), , 104 Stat. 5041
- 1991Pub. L. 102–232, title III, § 309(b)(13), , 105 Stat. 1759
- 1994Pub. L. 103–416, title II, § 219(v), , 108 Stat. 4318
- 1999Pub. L. 106–120, title III, § 306, , 113 Stat. 1612
- 2003Pub. L. 108–177, title III, § 373, , 117 Stat. 2628.
Show as published
(June 27, 1952, ch. 477, title III, ch. 2, § 313, 66 Stat. 240; Pub. L. 100–525, § 9(u), , 102 Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(1), , 104 Stat. 5041; Pub. L. 102–232, title III, § 309(b)(13), , 105 Stat. 1759; Pub. L. 103–416, title II, § 219(v), , 108 Stat. 4318; Pub. L. 106–120, title III, § 306, , 113 Stat. 1612; Pub. L. 108–177, title III, § 373, , 117 Stat. 2628.)