8 U.S.C. § 1442
Section 1442 · Alien enemies
This is § 331 of the Immigration and Nationality Act of 1952 (McCarran-Walter)
Amended 2 times on record
Applied in 4 court decisions — leading case Etape v. Chertoff (2007)
Most recently applied in Etape v. Chertoff (August 2007)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. 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.
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.
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.
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.
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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.”
Cross References
Definition of the term—
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
United States, see section 1101(a)(38) of this title.