§23 — Title 50 War and National Defense | U.S. Code

Summary

When the President issues a proclamation, U.S. criminal courts and judges must act. If someone complains that an enemy alien living free in their area threatens public safety or broke that proclamation or related rules, the court must arrest the person and bring them before a judge. After a full hearing, if there is enough reason, the court can order the person removed from the United States, require a bond or promise to behave, place other restrictions, or detain them until the order is carried out.

Title 50, §23

War and National Defense — Source: USLM XML via OLRC

After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.

Editorial Notes

Codification R.S. § 4069 derived from act July 6, 1798, ch. 66, § 2, 1 Stat. 577.

§23 Jurisdiction of United States courts and judges

Summary

Title 50, §23

Notes & Related Subsidiaries

Editorial Notes

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