28 U.S.C. § 1443
Section 1443 · Civil rights cases
Amended 1 time on record
Applied in 718 court decisions — leading case Jones v. Alfred H. Mayer Co. (1968)
Most recently applied in People of the State of California v. Express Scripts, Inc. (June 2025)
Applied most in the Fifth Circuit Circuit (54 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1447 · 28 U.S.C. § 1441 · 28 U.S.C. § 1446
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending:
(1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof;
(2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §74 (Mar. 3, 1911, ch. 231, §31, 36 Stat. 1096).
Other provisions of section 74 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title.
Words “or in the part of the State where such suit or prosecution is pending” after “courts of such States,” were omitted as unnecessary.
Changes were made in phraseology.
Federal Rules of Civil Procedure
Application of rules, see rule 81, Appendix to this title.
Continuation of section under rule 81, see note by Advisory Committee under rule 81.
Cross References
Stay of State court proceedings, see section 2283 of this title.