§ 1442. Alien enemies

Statutory text

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 alien’s application for naturalization shall be pending at the beginning of the state of war and the applicant is otherwise entitled to admission to citizenship.

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 General’s objection to such consideration shall cause the application to be continued from time to time for so long as the Attorney General may require.

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.

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.

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.

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.

1952
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1442
June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 252
Source evidence
Code source credit
June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 252
1990
Immigration Act of 1990
Pub. L. 101–649 § 407(c)(13) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1442(a)
Pub. L. 101–649, § 407(c)(13), substituted references to applicant and application for references to petitioner and petition wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–649, § 407(c)(13), substituted references to applicant and application for references to petitioner and petition wherever appearing.
Enacted provision · exact public law section
(13) Section 331 (8 U.S.C. 1442), other than subsection (d).
1990
Immigration Act of 1990
Pub. L. 101–649 § 407(d)(9) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1442(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 General’s 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 General’s objection to such final hearing shall cause the petition to be continued”
Source evidence
Code amendment note
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 General’s 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 General’s objection to such final hearing shall cause the petition to be continued”.
Enacted provision · exact public law section
(9) Section 331(b) (8 U.S.C. 1442(b)) is amended by striking “called for a hearing” and all that follows through “to be continued” and inserting “considered or heard except after 90 days’ notice to the Attorney General to be considered at the examination or hearing, and the Attorney General’s objection to such consideration shall cause the application to be continued”.
1990
Immigration Act of 1990
Pub. L. 101–649 § 407(c)(13) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1442(b)
Pub. L. 101–649, § 407(c)(13), substituted “application” for “petition” after “have his”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–649, § 407(c)(13), substituted “application” for “petition” after “have his”.
Enacted provision · exact public law section
(13) Section 331 (8 U.S.C. 1442), other than subsection (d).
1990
Immigration Act of 1990
Pub. L. 101–649 § 407(c)(13) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1442(c)
Pub. L. 101–649, § 407(c)(13), substituted “an application” for “a petition” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–649, § 407(c)(13), substituted “an application” for “a petition” wherever appearing.
Enacted provision · exact public law section
(13) Section 331 (8 U.S.C. 1442), other than subsection (d).
1990
Immigration Act of 1990
Pub. L. 101–649 § 407(e)(2) · 104 Stat. 4978
Struck · 8 U.S.C. § 1442(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.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(2) Section 331 (8 U.S.C. 1442) is amended by striking the second sentence of subsection (d).

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

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 General’s 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 General’s 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.”

Statutory Notes and Related Subsidiaries

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

1952–1990 · 2 acts

1952June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 252
1990Pub. L. 101–649, title IV, § 407(c)(13), (d)(9), (e)(2), Nov. 29, 1990, 104 Stat. 5041, 5042, 5046.

Show as published

(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.)