Title 8Aliens and NationalityRelease 119-73not60

§1425 Ineligibility to Naturalization of Deserters From the Armed Forces

Title 8 › Chapter 12— IMMIGRATION AND NATIONALITY › Subchapter III— NATIONALITY AND NATURALIZATION › Part II— Nationality Through Naturalization › § 1425

Last updated Apr 3, 2026|Official source

Summary

If, while the United States is or will be at war, a person deserts the armed forces or leaves the district where they signed up, or leaves the country to avoid a lawful draft, and a military or civilian court convicts them, they cannot become a U.S. citizen. Convicted deserters and draft evaders also may never hold a federal office or exercise the rights of U.S. citizens.

Full Legal Text

Title 8, §1425

Aliens and Nationality — Source: USLM XML via OLRC

A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military, air, or naval forces of the United States, or who, having been duly enrolled, departed, or shall depart from the jurisdiction of the district in which enrolled, or who, whether or not having been duly enrolled, went or shall go beyond the limits of the United States, with intent to avoid any draft into the military, air, or naval service, lawfully ordered, shall, upon conviction thereof by a court martial or a court of competent jurisdiction, be permanently ineligible to become a citizen of the United States; and such deserters and evaders shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights of citizens thereof.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1425

Title 8Aliens and Nationality

Last Updated

Apr 3, 2026

Release point: 119-73not60