8 U.S.C. § 1442 — Alien enemies

Page 509 TITLE 8—ALIENS AND NATIONALITY § 1442 after each effective date described in subsection (a), should make necessary updates to the appro- priate application forms of the Department of Homeland Security. (Pub. L. 110–251, § 3, June 26, 2008, 122 Stat. 2320.) Editorial Notes CODIFICATION Section was enacted as part of the Kendell Frederick Citizenship Assistance Act, and not as part of the Im- migration and Nationality Act which comprises this chapter. § 1441. Constructive residence through service on certain United States vessels Any periods of time during all of which a per- son who was previously lawfully admitted for permanent residence has served honorably or with good conduct, in any capacity other than as a member of the Armed Forces of the United States, (A) on board a vessel operated by the United States, or an agency thereof, the full legal and equitable title to which is in the United States; or (B) on board a vessel whose home port is in the United States, and (i) which is registered under the laws of the United States, or (ii) the full legal and equitable title to which is in a citizen of the United States, or a corporation organized under the laws of any of the several States of the United States, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such service occurred within five years immediately preceding the date such person shall file an application for naturalization. Service on vessels described in clause (A) of this section shall be proved by duly authenticated copies of the records of the execu- tive departments or agency having custody of the records of such service. Service on vessels described in clause (B) of this section may be proved by certificates from the masters of such vessels. (June 27, 1952, ch. 477, title III, ch. 2, § 330, 66 Stat. 251; Pub. L. 100–525, § 9(z), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(12), Nov. 29, 1990, 104 Stat. 5041; Pub. L. 102–232, title III, § 305(m)(5), Dec. 12, 1991, 105 Stat. 1750.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–232 substituted ‘‘of this section’’ for ‘‘of this subsection’’ in two places. 1990—Pub. L. 101–649 substituted ‘‘an application’’ for ‘‘a petition’’. 1988—Pub. L. 100–525 designated provisions of former par. (1) of subsec. (a) as entire section, and struck out former pars. (2) and (3) and subsec. (b) which read as follows: ‘‘(2) For the purposes of this subsection, any periods of time prior to September 23, 1950, during all of which any person had served honorably or with good conduct for an aggregate period of five years on any vessel de- scribed in section 325(a) of the Nationality Act of 1940 prior to its amendment by the Act of September 23, 1950, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such petition is filed within one year from the effective date of this chapter. Notwith- standing the provisions of section 1429 of this title, a person entitled to claim the exemptions contained in this paragraph shall not be required to establish a law- ful admission for permanent residence. ‘‘(3) For the purposes of this subsection, any periods of time prior to September 23, 1950, during all of which any person not within the provisions of paragraph (2) of this subsection had, prior to September 23, 1950, served honorably or with good conduct on any vessel described in section 325(a) of the Nationality Act of 1940 prior to its amendment by the Act of September 23, 1950, and was so serving on September 23, 1950, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such person at any time prior to filing his peti- tion for naturalization shall have been lawfully admit- ted to the United States for permanent residence, and if such petition is filed on or before September 23, 1955. ‘‘(b) Any person who was excepted from certain re- quirements of the naturalization laws under section 325 of the Nationality Act of 1940 prior to its amendment by the Act of September 23, 1950, and had filed a peti- tion for naturalization under section 325 of the Nation- ality Act of 1940, may, if such petition was pending on September 23, 1950, and is still pending on the effective date of this chapter, be naturalized upon compliance with the applicable provisions of the naturalization laws in effect upon the date such petition was filed: Provided, That any such person shall be subject to the provisions of section 1424 of this title and to those pro- visions of section 1429 of this title which relate to the prohibition against the naturalization of a person against whom there is outstanding a final finding of de- portability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act, or which relate to the prohibition against the final hear- ing on a petition for naturalization if there is pending against the petitioner a deportation proceeding pursu- ant to a warrant of arrest issued under the provisions of this chapter or any other Act.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by sec- tion 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649. § 1442. Alien enemies (a) Naturalization under specified conditions 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 natu- ralized 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) Procedure An alien embraced within this section shall not have his application for naturalization con- sidered or heard except after 90 days’ notice to the Attorney General to be considered at the ex- amination or hearing, and the Attorney Gen- eral’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) Exceptions from classification The Attorney General may, in his discretion, upon investigation fully establishing the loyalty of any alien enemy who did not have an applica- Page 510 TITLE 8—ALIENS AND NATIONALITY § 1443 tion 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 appli- cation for naturalization. (d) Effect of cessation of hostilities 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 proc- lamation of the President, or by concurrent res- olution of the Congress, that hostilities between the United States and such country, state, or sovereignty have ended. (e) Apprehension and removal Nothing contained herein shall be taken or construed to interfere with or prevent the appre- hension and removal, consistent with law, of any alien enemy at any time prior to the actual naturalization of such alien. (June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 252; Pub. L. 101–649, title IV, § 407(c)(13), (d)(9), (e)(2), Nov. 29, 1990, 104 Stat. 5041, 5042, 5046.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–649, § 407(c)(13), sub- stituted references to applicant and application for ref- erences 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 hear- ing, 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. § 1443. Administration (a) Rules and regulations governing examination of applicants The Attorney General shall make such rules and regulations as may be necessary to carry into effect the provisions of this part and is au- thorized to prescribe the scope and nature of the examination of applicants for naturalization as to their admissibility to citizenship. Such exam- ination shall be limited to inquiry concerning the applicant’s residence, physical presence in the United States, good moral character, under- standing of and attachment to the fundamental principles of the Constitution of the United States, ability to read, write, and speak English, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States. (b) Instruction in citizenship The Attorney General is authorized to pro- mote instruction and training in citizenship re- sponsibilities of applicants for naturalization in- cluding the sending of names of candidates for naturalization to the public schools, preparing and distributing citizenship textbooks to such candidates as are receiving instruction in prepa- ration for citizenship within or under the super- vision of the public schools, preparing and dis- tributing monthly an immigration and natu- ralization bulletin and securing the aid of and cooperating with official State and national or- ganizations, including those concerned with vo- cational education. (c) Prescription of forms The Attorney General shall prescribe and fur- nish such forms as may be required to give ef- fect to the provisions of this part, and only such forms as may be so provided shall be legal. All certificates of naturalization and of citizenship shall be printed on safety paper and shall be consecutively numbered in separate series. (d) Administration of oaths and depositions Employees of the Service may be designated by the Attorney General to administer oaths and to take depositions without charge in mat- ters relating to the administration of the natu- ralization and citizenship laws. In cases where there is a likelihood of unusual delay or of hard- ship, the Attorney General may, in his discre- tion, authorize such depositions to be taken be- fore a postmaster without charge, or before a notary public or other person authorized to ad- minister oaths for general purposes. (e) Issuance of certificate of naturalization or citizenship A certificate of naturalization or of citizen- ship issued by the Attorney General under the authority of this subchapter shall have the same effect in all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Terri- tory, and outlying possession of the United States, as a certificate of naturalization or of citizenship issued by a court having naturaliza- tion jurisdiction. (f) Copies of records Certifications and certified copies of all pa- pers, documents, certificates, and records re- quired or authorized to be issued, used, filed, re- corded, or kept under any and all provisions of this chapter shall be admitted in evidence equal- ly with the originals in any and all cases and proceedings under this chapter and in all cases and proceedings in which the originals thereof might be admissible as evidence. (g) Furnished quarters for photographic studios The officers in charge of property owned or leased by the Government are authorized, upon