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Title 8 — Aliens and NationalityRelease 119-73

§1442 Alien enemies

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— - NATIONALITY AND NATURALIZATION › Part Part II— - Nationality Through Naturalization › § 1442

Last updated Apr 6, 2026|Official source

Summary

People from a country that the United States is at war with may become U.S. citizens if their naturalization application was already pending when the war started and the Attorney General finds them loyal and otherwise eligible. The Attorney General must get 90 days' notice before any hearing on the application, and if the AG objects the hearing can be postponed as long as the AG requires. The AG can also remove the "enemy" label after an investigation shows loyalty and then let that person apply. A person stops being an "enemy" when the President or Congress says the fighting has ended. This does not stop lawful arrest or deportation before someone actually becomes a citizen.

Full Legal Text

Title 8, §1442

Aliens and Nationality — Source: USLM XML via OLRC

(a)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.
(b)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.
(c)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.
(d)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.
(e)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

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1442

Title 8 — Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73