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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1442]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 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 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) Procedure

    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) 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 
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) 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 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) Apprehension and removal

    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.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 331, 66 Stat. 252; Pub. 
L. 101-649, title IV, Sec. 407(c)(13), (d)(9), (e)(2), Nov. 29, 1990, 
104 Stat. 5041, 5042, 5046.)


                               Amendments

    1990--Subsec. (a). Pub. L. 101-649, Sec. 407(c)(13), substituted 
references to applicant and application for references to petitioner and 
petition wherever appearing.
    Subsec. (b). Pub. L. 101-649, Sec. 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, Sec. 407(c)(13), substituted ``application'' for 
``petition'' after ``have his''.
    Subsec. (c). Pub. L. 101-649, Sec. 407(c)(13), substituted ``an 
application'' for ``a petition'' wherever appearing.
    Subsec. (d). Pub. L. 101-649, Sec. 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.''

  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.

                  Section Referred to in Other Sections

    This section is referred to in section 1440 of this title.