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8 U.S.C. § 1425 — Ineligibility to naturalization of deserters from the Armed Forces
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-8/section-1425-ineligibility-to-naturalization-of-deserters-from-the-armed-forces--909a1a39c4.md
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Source location: Title 8, Chapter 12, § 1425; chapter-012-immigration-and-nationality.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 301, 54 Stat. 1140, related to jurisdiction to naturalize. See [section 1421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421&num=0&edition=prelim).
Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 302, 54 Stat. 1140, related to sex or marriage, as affecting eligibility for naturalization. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim).
Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, § 3, 57 Stat. 601; July 2, 1946, ch. 534, § 1, 60 Stat. 416; Aug. 1, 1950, ch. 512, § 4(b), 64 Stat. 385, related to races affecting eligibility. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim).
Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, § 30, 64 Stat. 1018, related to language, history and principles of government affecting eligibility. See [section 1423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1423&num=0&edition=prelim).
Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, § 25, 64 Stat. 1013, related to exclusion from naturalization. See sections 1424(a)–(c), 1427(f), and 1451(c) of this title.
Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 306, 54 Stat. 1141, related to desertion from the armed forces or evasion of draft as affecting eligibility. See [section 1425 of this title](https://us
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Federal law — U.S. Code and appendices · legal_authorities
Page 491
TITLE 8—ALIENS AND NATIONALITY
§ 1427
1 See References in Text note below.
§ 1425. Ineligibility to naturalization of deserters
from the Armed Forces
A person who, at any time during which the
United States has been or shall be at war, de-
serted 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 mar-
tial or a court of competent jurisdiction, be per-
manently 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.
(June 27, 1952, ch. 477, title III, ch. 2, § 314, 66
Stat. 241.)
§ 1426. Citizenship denied alien relieved of serv-
ice in Armed Forces because of alienage
(a) Permanent ineligibility
Notwithstanding the provisions of section
405(b) 1 but subject to subsection (c), any alien
who applies or has applied for exemption or dis-
charge from training or service in the Armed
Forces or in the National Security Training
Corps of the United States on the ground that he
is an alien, and is or was relieved or discharged
from such training or service on such ground,
shall be permanently ineligible to become a cit-
izen of the United States.
(b) Conclusiveness of records
The records of the Selective Service System or
of the Department of Defense shall be conclusive
as to whether an alien was
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