28 U.S.C. § 1442 — Federal officers or agencies sued or pros-

Page 397 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1442 arate and separable controversies, a distinction which is sound in theory but illusory in substance. (See 41 Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.) Subsection (c) permits the removal of a separate cause of action but not of a separable controversy un- less it constitutes a separate and independent claim or cause of action within the original jurisdiction of United States District Courts. In this respect it will somewhat decrease the volume of Federal litigation. Rules 18, 20, and 23 of the Federal Rules of Civil Pro- cedure permit the most liberal joinder of parties, claims, and remedies in civil actions. Therefore there will be no procedural difficulty occasioned by the re- moval of the entire action. Conversely, if the court so desires, it may remand to the State court all non- removable matters. The provisions of section 71 of title 28, U.S.C., 1940 ed., with respect to removal of actions under the Fed- eral Employer’s Liability Act (U.S.C., 1940 ed., title 45, Railroads, §§ 51–60) and actions against a carrier for loss, damage, or delay to shipments under section 20 of title 49, U.S.C., 1940 ed., Transportation, are incor- porated in section 1445 of this title. Editorial Notes AMENDMENTS 2011—Pub. L. 112–63, § 103(a)(1), substituted ‘‘Removal of civil actions’’ for ‘‘Actions removable generally’’ in section catchline. Subsec. (a). Pub. L. 112–63, § 103(a)(2), inserted heading and in text struck out at end ‘‘For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.’’ Subsec. (b). Pub. L. 112–63, § 103(a)(3), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citi- zenship or residence of the parties. Any other such ac- tion shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.’’ Subsec. (c). Pub. L. 112–63, § 103(a)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘Whenever a separate and independent claim or cause of action within the jurisdiction conferred by section 1331 of this title is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may deter- mine all issues therein, or, in its discretion, may re- mand all matters in which State law predominates.’’ Subsec. (d). Pub. L. 112–63, § 103(a)(5), inserted head- ing. Subsec. (e). Pub. L. 112–63, § 103(a)(6), inserted head- ing. Subsec. (f). Pub. L. 112–63, § 103(a)(7), inserted heading. 2002—Subsecs. (e), (f). Pub. L. 107–273 added subsec. (e), redesignated former subsec. (e) as (f), and sub- stituted ‘‘The court to which a civil action is removed under this section’’ for ‘‘The court to which such civil action is removed’’. 1991—Subsec. (c). Pub. L. 102–198 struck out comma after ‘‘title’’ and substituted ‘‘may’’ for ‘‘may may’’ be- fore ‘‘remand’’. 1990—Subsec. (c). Pub. L. 101–650 substituted ‘‘within the jurisdiction conferred by section 1331 of this title’’ for ‘‘, which would be removable if sued upon alone’’ and ‘‘may remand all matters in which State law pre- dominates’’ for ‘‘remand all matters not otherwise within its original jurisdiction’’. 1988—Subsec. (a). Pub. L. 100–702 inserted at end ‘‘For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be dis- regarded.’’ 1986—Subsec. (e). Pub. L. 99–336 added subsec. (e). 1976—Subsec. (d). Pub. L. 94–583 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–63 effective upon the expi- ration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see sec- tion 105 of Pub. L. 112–63, set out as a note under sec- tion 1332 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–273 applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after Nov. 2, 2002, see section 11020(c) of Pub. L. 107–273, set out as an Effec- tive Date note under section 1369 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–336, § 3(b), June 19, 1986, 100 Stat. 637, pro- vided that: ‘‘The amendment made by this section [amending this section] shall apply with respect to claims in civil actions commenced in State courts on or after the date of the enactment of this section [June 19, 1986].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–583 effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as an Effective Date note under section 1602 of this title. § 1442. Federal officers or agencies sued or pros- ecuted (a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division em- bracing the place wherein it is pending: (1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or au- thority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue. (2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States. (3) Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties; (4) Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House. (b) A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal serv- ice of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process. (c) Solely for purposes of determining the pro- priety of removal under subsection (a), a law en- forcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer— Page 398 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1442a (1) protected an individual in the presence of the officer from a crime of violence; (2) provided immediate assistance to an indi- vidual who suffered, or who was threatened with, bodily harm; or (3) prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury. (d) In this section, the following definitions apply: (1) The terms ‘‘civil action’’ and ‘‘criminal prosecution’’ include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the pre- vious sentence, and there is no other basis for removal, only that proceeding may be re- moved to the district court. (2) The term ‘‘crime of violence’’ has the meaning given that term in section 16 of title 18. (3) The term ‘‘law enforcement officer’’ means any employee described in subpara- graph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Se- curity Service of the Department of State. (4) The term ‘‘serious bodily injury’’ has the meaning given that term in section 1365 of title 18. (5) The term ‘‘State’’ includes the District of Columbia, United States territories and insu- lar possessions, and Indian country (as defined in section 1151 of title 18). (6) The term ‘‘State court’’ includes the Su- perior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court. (June 25, 1948, ch. 646, 62 Stat. 938; Pub. L. 104–317, title II, § 206(a), Oct. 19, 1996, 110 Stat. 3850; Pub. L. 112–51, § 2(a), (b), Nov. 9, 2011, 125 Stat. 545; Pub. L. 112–239, div. A, title X, § 1087, Jan. 2, 2013, 126 Stat. 1969.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 76 and 77 (Mar. 3, 1911, ch. 231, §§ 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 Stat. 532). Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 ed. The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof. Section 76 of title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in the enforce- ment of the criminal or revenue laws. The procedural provisions of section 76 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. (See reviser’s notes under those sec- tions.) Changes were made in phraseology. Editorial Notes AMENDMENTS 2013—Subsecs. (c), (d). Pub. L. 112–239 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: ‘‘As used in subsection (a), the terms ‘civil action’ and ‘criminal prosecution’ include any pro- ceeding (whether or not ancillary to another pro- ceeding) to the extent that in such proceeding a judi- cial order, including a subpoena for testimony or docu- ments, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that pro- ceeding may be removed to the district court.’’ 2011—Subsec. (a). Pub. L. 112–51, § 2(a)(1), inserted ‘‘that is’’ after ‘‘or criminal prosecution’’, ‘‘and that is’’ after ‘‘in a State court’’, and ‘‘or directed to’’ after ‘‘against’’ in introductory provisions. Subsec. (a)(1). Pub. L. 112–51, § 2(b)(1), substituted ‘‘ca- pacity, for or relating to’’ for ‘‘capacity for’’ and struck out ‘‘sued’’ after ‘‘thereof,’’. Subsec. (a)(3), (4). Pub. L. 112–51, § 2(b)(2), inserted ‘‘or relating to’’ after ‘‘for’’. Subsec. (c). Pub. L. 112–51, § 2(a)(2), added subsec. (c). 1996—Pub. L. 104–317, § 206(a)(1), inserted ‘‘or agen- cies’’ after ‘‘officers’’ in section catchline. Subsec. (a). Pub. L. 104–317, § 206(a)(2), struck out ‘‘persons’’ after ‘‘following’’ in introductory provisions and substituted ‘‘The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office’’ for ‘‘Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office’’ in par. (1). § 1442a. Members of armed forces sued or pros- ecuted A civil or criminal prosecution in a court of a State of the United States against a member of the armed forces of the United States on ac- count of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces there- of, or under the law of war, may at any time be- fore the trial or final hearing thereof be re- moved for trial into the district court of the United States for the district where it is pend- ing in the manner prescribed by law, and it shall thereupon be entered on the docket of the dis- trict court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause. (Added Aug. 10, 1956, ch. 1041, § 19(a), 70A Stat. 626.) Editorial Notes DERIVATION Section was from the Uniform Code of Military Jus- tice, act May 5, 1950, ch. 169, § 9, 64 Stat. 146, which was based on Article 117, Articles of War, act June 4, 1920, ch. 227, subch. II, § 1, 41 Stat. 811, as amended June 24, 1948, ch. 625, title II, § 242, 62 Stat. 642. § 1443. Civil rights cases Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pend- ing: (1) Against any person who is denied or can- not enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2) For any act under color of authority de- rived from any law providing for equal rights,