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Cite 50 USC 21-24
ALIEN ENEMIES ACT
TITLE
50--WAR AND NATIONAL DEFENSE
CHAPTER
3--ALIEN ENEMIES
Sec.
21. Restraint, regulation, and removal.
22. Time allowed to settle affairs and depart.
23. Jurisdiction of United States courts and judges.
24.
Duties of marshals.
Sec. 21. Restraint,
regulation, and removal
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
(R.S. Sec. 4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.)
Codification
R.S. Sec. 4067 derived from act July 6, 1798, ch. 66, Sec. 1, 1 Stat. 577.
Amendments
1918--Act Apr. 16, 1918, struck out provision restricting this section to males.
World War II Proclamations
The following proclamations under this section were issued during World War II:
Proc. No. 2525, Dec. 7, 1941, 6 F.R. 6321, 55 Stat. Pt. 2, 1700.
Proc. No. 2526, Dec. 8, 1941, 6 F.R. 6323, 55 Stat. Pt. 2, 1705.
Proc. No. 2527, Dec. 8, 1941, 6 F.R. 6324, 55 Stat. Pt. 2, 1707.
Proc. No. 2533, Dec. 29, 1941, 7 F.R. 55, 55 Stat. Pt. 2, 1714.
Proc. No. 2537, Jan. 14, 1942, 7 F.R. 329, 56 Stat. Pt. 2, 1933, revoked by Proc. No. 2678, Dec. 29,
1945, 11 F.R. 221, 60 Stat. Pt. 2, 1336.
Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. Pt. 2, 1970.
Proc. No. 2655, July 14, 1945, 10 F.R. 8947, 59 Stat. Pt. 2, 870.
Proc. No. 2674, Dec. 7, 1945, 10 F.R. 14945, 59 Stat. Pt. 2, 889.
Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, 1342, set out as a note preceding section
1 of Appendix to this title.
World War I Proclamations
Proclamations issued under this chapter during the years 1917 and 1918 will be found in 40 Stat. 1651,
1716, 1730, and 1772.
Section Referred to in Other Sections
This section is referred to in section 22 of this title; sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332
Sec. 22. Time allowed to
settle affairs and depart
When an alien who becomes liable as an enemy, in the manner
prescribed in section 21 of this title, is not chargeable with actual
hostility, or other crime against the public safety, he shall be allowed, for
the recovery, disposal, and removal of his goods and effects, and for his departure,
the full time which is or shall be stipulated by any treaty then in force
between the United States and the hostile nation or government of which he is a
native citizen, denizen, or subject; and where no such treaty exists, or is in
force, the President may ascertain and declare such reasonable time as may be
consistent with the public safety, and according to the dictates of humanity
and national hospitality.
(R.S. Sec. 4068.)
Codification
R.S. Sec. 4068 derived from acts July 6, 1798, ch. 66, Sec.
1, 1 Stat. 577; July 6, 1812, ch. 130, 2 Stat.
781.
Section Referred to in Other Sections
This section is referred to in sections 9, 34, 1981, 1982
of Appendix to this title; title 5 section
8332.
Sec. 23. Jurisdiction of
United States courts and judges
After any such proclamation has been made, the several courts
of the United States, having criminal jurisdiction, and the several justices
and judges of the courts of the United States, are authorized and it shall be
their duty, upon complaint against any alien enemy resident and at large within
such jurisdiction or district, to the danger of the public peace or safety, and
contrary to the tenor or intent of such proclamation, or other regulations
which the President may have established, to cause such alien to be duly
apprehended and conveyed before such court, judge, or justice; and after a full
examination and hearing on such complaint, and sufficient cause appearing, to
order such alien to be removed out of the territory of the United States, or to
give sureties for his good behavior, or to be otherwise restrained, conformably
to the proclamation or regulations established as aforesaid, and to imprison,
or otherwise secure such alien, until the order which may be so made shall be
performed.
(R.S. Sec. 4069.)
Codification
R.S. Sec. 4069 derived from act July 6, 1798, ch. 66, Sec. 2, 1
Stat. 577.
Section Referred to in Other Sections
This section is referred to in sections 9, 34, 1981, 1982 of
Appendix to this title; title 5 section 8332.
Sec. 24. Duties of marshals
When an alien enemy is required by the President, or by order
of any court, judge, or justice, to depart and to be removed, it shall be the
duty of the marshal of the district in which he shall be apprehended to provide
therefor and to execute such order in person, or by his deputy or other
discreet person to be employed by him, by causing a removal of such alien out
of the territory of the United States; and for such removal the marshal shall
have the warrant of the President, or of the court, judge, or justice ordering
the same, as the case may be.
(R.S. Sec. 4070.)
Codification
R.S. Sec. 4070 derived
from act July 6, 1798, ch. 66, Sec. 3, 1 Stat. 578.
Section Referred to in Other Sections
This section is referred to in sections 9, 34, 1981, 1982 of
Appendix to this title; title 5 section 8332.