US Laws, Codes, Statutes & Cases

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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: 8USC1448]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1448. Oath of renunciation and allegiance


(a) Public ceremony

    A person who has applied for naturalization shall, in order to be 
and before being admitted to citizenship, take in a public ceremony 
before the Attorney General or a court with jurisdiction under section 
1421(b) of this title an oath (1) to support the Constitution of the 
United States; (2) to renounce and abjure absolutely and entirely all 
allegiance and fidelity to any foreign prince, potentate, state, or 
sovereignty of whom or which the applicant was before a subject or 
citizen; (3) to support and defend the Constitution and the laws of the 
United States against all enemies, foreign and domestic; (4) to bear 
true faith and allegiance to the same; and (5)(A) to bear arms on behalf 
of the United States when required by the law, or (B) to perform 
noncombatant service in the Armed Forces of the United States when 
required by the law, or (C) to perform work of national importance under 
civilian direction when required by the law. Any such person shall be 
required to take an oath containing the substance of clauses (1) to (5) 
of the preceding sentence, except that a person who shows by clear and 
convincing evidence to the satisfaction of the Attorney General that he 
is opposed to the bearing of arms in the Armed Forces of the United 
States by reason of religious training and belief shall be required to 
take an oath containing the substance of clauses (1) to (4) and clauses 
(5)(B) and (5)(C) of this subsection, and a person who shows by clear 
and convincing evidence to the satisfaction of the Attorney General that 
he is opposed to any type of service in the Armed Forces of the United 
States by reason of religious training and belief shall be required to 
take an oath containing the substance of said clauses (1) to (4) and 
clause (5)(C). The term ``religious training and belief'' as used in 
this section shall mean an individual's belief in a relation to a 
Supreme Being involving duties superior to those arising from any human 
relation, but does not include essentially political, sociological, or 
philosophical views or a merely personal moral code. In the case of the 
naturalization of a child under the provisions of section 1433 of this 
title the Attorney General may waive the taking of the oath if in the 
opinion of the Attorney General the child is unable to understand its 
meaning. The Attorney General may waive the taking of the oath by a 
person if in the opinion of the Attorney General the person is unable to 
understand, or to communicate an understanding of, its meaning because 
of a physical or developmental disability or mental impairment. If the 
Attorney General waives the taking of the oath by a person under the 
preceding sentence, the person shall be considered to have met the 
requirements of section 1427(a)(3) of this title with respect to 
attachment to the principles of the Constitution and well disposition to 
the good order and happiness of the United States.

(b) Hereditary titles or orders of nobility

    In case the person applying for naturalization has borne any 
hereditary title, or has been of any of the orders of nobility in any 
foreign state, the applicant shall in addition to complying with the 
requirements of subsection (a) of this section, make under oath in the 
same public ceremony in which the oath of allegiance is administered, an 
express renunciation of such title or order of nobility, and such 
renunciation shall be recorded as a part of such proceedings.

(c) Expedited judicial oath administration ceremony

    Notwithstanding section 1421(b) of this title, an individual may be 
granted an expedited judicial oath administration ceremony or 
administrative naturalization by the Attorney General upon demonstrating 
sufficient cause. In determining whether to grant an expedited judicial 
oath administration ceremony, a court shall consider special 
circumstances (such as serious illness of the applicant or a member of 
the applicant's immediate family, permanent disability sufficiently 
incapacitating as to prevent the applicant's personal appearance at the 
scheduled ceremony, developmental disability or advanced age, or exigent 
circumstances relating to travel or employment). If an expedited 
judicial oath administration ceremony is impracticable, the court shall 
refer such individual to the Attorney General who may provide for 
immediate administrative naturalization.

(d) Rules and regulations

    The Attorney General shall prescribe rules and procedures to ensure 
that the ceremonies conducted by the Attorney General for the 
administration of oaths of allegiance under this section are public, 
conducted frequently and at regular intervals, and are in keeping with 
the dignity of the occasion.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 337, 66 Stat. 258; Pub. 
L. 97-116, Sec. 18(o), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 101-649, 
title IV, Sec. 407(c)(18), (d)(15), Nov. 29, 1990, 104 Stat. 5041, 5044; 
Pub. L. 102-232, title I, Sec. 102(b)(2), title III, Sec. 305(i), Dec. 
12, 1991, 105 Stat. 1736, 1750; Pub. L. 106-448, Sec. 1, Nov. 6, 2000, 
114 Stat. 1939.)


                               Amendments

    2000--Subsec. (a). Pub. L. 106-448 inserted at end ``The Attorney 
General may waive the taking of the oath by a person if in the opinion 
of the Attorney General the person is unable to understand, or to 
communicate an understanding of, its meaning because of a physical or 
developmental disability or mental impairment. If the Attorney General 
waives the taking of the oath by a person under the preceding sentence, 
the person shall be considered to have met the requirements of section 
1427(a)(3) of this title with respect to attachment to the principles of 
the Constitution and well disposition to the good order and happiness of 
the United States.''
    1991--Subsec. (c). Pub. L. 102-232, Sec. 102(b)(2), amended subsec. 
(c) generally. Prior to amendment, subsec. (c) read as follows: ``If the 
applicant is prevented by sickness or other disability from attending a 
public ceremony, the oath required to be taken by subsection (a) of this 
section may be taken at such place as the Attorney General may designate 
under section 1445(e) of this title.''
    Pub. L. 102-232, Sec. 305(i), struck out ``before'' after ``may be 
taken''.
    1990--Subsec. (a). Pub. L. 101-649, Sec. 407(c)(18), (d)(15)(A), 
substituted ``applied'' for ``petitioned'' and ``applicant'' for 
``petitioner'' in first sentence, ``in a public ceremony before the 
Attorney General or a court with jurisdiction under section 1421(b) of 
this title'' for ``in open court'', ``Attorney General'' for 
``naturalization court'' wherever appearing in second and fourth 
sentences, and ``Attorney General'' for ``court'' before ``the child'' 
in fourth sentence.
    Subsec. (b). Pub. L. 101-649, Sec. 407(c)(18), (d)(15)(B), 
substituted ``applying'' for ``petitioning'', ``applicant'' for 
``petitioner'', and ``in the same public ceremony in which the oath of 
allegiance is administered'' for ``in open court in the court in which 
the petition for naturalization is made'', and struck out ``in the 
court'' after ``shall be recorded''.
    Subsec. (c). Pub. L. 101-649, Sec. 407(c)(18), (d)(15)(C), 
substituted ``applicant'' for ``petitioner'', ``attending a public 
ceremony'' for ``being in open court'', and ``at such place as the 
Attorney General may designate under section 1445(e) of this title'' for 
``a judge of the court at such place as may be designated by the 
court''.
    Subsec. (d). Pub. L. 101-649, Sec. 407(d)(15)(D), added subsec. (d).
    1981--Subsec. (a). Pub. L. 97-116 substituted ``section 1433'' for 
``section 1433 or 1434''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-448, Sec. 2, Nov. 6, 2000, 114 Stat. 1939, provided 
that: ``The amendment made by section 1 [amending this section] shall 
apply to persons applying for naturalization before, on, or after the 
date of the enactment of this Act [Nov. 6, 2000].''


                    Effective Date of 1991 Amendment

    Amendment by section 102(b)(2) of Pub. L. 102-232 effective 30 days 
after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232, set out as a 
note under section 1421 of this title.
    Amendment by section 305(i) of Pub. L. 102-232 effective as if 
included in the enactment of the Immigration Act of 1990, Pub. L. 101-
649, see section 310(1) of Pub. L. 102-232, set out as a note under 
section 1101 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.

  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.


    Demonstration Projects To Provide for Administration of Oath of 
                               Allegiance

    Pub. L. 104-208, div. C, title VI, Sec. 647, Sept. 30, 1996, 110 
Stat. 3009-710, provided that:
    ``(a) In General.--The Attorney General shall make available funds 
under this section, in each of fiscal years 1997 through 2001, to the 
Commissioner of Immigration and Naturalization or to other public or 
private nonprofit entities to support demonstration projects under this 
section at 10 sites throughout the United States. Each such project 
shall be designed to provide for the administration of the oath of 
allegiance under section 337(a) of the Immigration and Nationality Act 
[8 U.S.C. 1448(a)] on a business day around Independence Day to 
approximately 500 people whose application for naturalization has been 
approved. Each project shall provide for appropriate outreach and 
ceremonial and celebratory activities.
    ``(b) Selection of Sites.--The Attorney General shall, in the 
Attorney General's discretion, select diverse locations for sites on the 
basis of the number of naturalization applicants living in proximity to 
each site and the degree of local community participation and support in 
the project to be held at the site. Not more than 2 sites may be located 
in the same State. The Attorney General shall consider changing the 
sites selected from year to year.
    ``(c) Amounts Available; Use of Funds.--
        ``(1) Amount.--The amount made available under this section with 
    respect to any single site for a year shall not exceed $5,000.
        ``(2) Use.--Funds made available under this section may be used 
    only to cover expenses incurred in carrying out oath administration 
    ceremonies at the demonstration sites under subsection (a), 
    including expenses for--
            ``(A) cost of personnel of the Immigration and 
        Naturalization Service (including travel and overtime expenses);
            ``(B) rental of space; and
            ``(C) costs of printing appropriate brochures and other 
        information about the ceremonies.
        ``(3) Availability of funds.--Funds that are otherwise available 
    to the Immigration and Naturalization Service to carry out 
    naturalization activities shall be available, to the extent provided 
    in appropriation Acts, to carry out this section.
    ``(d) Application.--In the case of an entity other than the 
Immigration and Naturalization Service seeking to conduct a 
demonstration project under this section, no amounts may be made 
available to the entity under this section unless an appropriate 
application has been made to, and approved by, the Attorney General, in 
a form and manner specified by the Attorney General.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1421, 1427, 1433, 1435, 
1438, 1447, 1450 of this title.