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50 USC CHAPTER 3 - ALIEN ENEMIES 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 3 - ALIEN ENEMIES

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CHAPTER 3 - ALIEN ENEMIES

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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.

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50 USC Sec. 21 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 3 - ALIEN ENEMIES

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Sec. 21. Restraint, regulation, and removal

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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.

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(R.S. Sec. 4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.)

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CODIFICATION

R.S. Sec. 4067 derived from act July 6, 1798, ch. 66, Sec. 1, 1

Stat. 577.

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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.

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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.

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50 USC Sec. 22 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 3 - ALIEN ENEMIES

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Sec. 22. Time allowed to settle affairs and depart

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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.

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(R.S. Sec. 4068.)

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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.

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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.

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50 USC Sec. 23 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 3 - ALIEN ENEMIES

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Sec. 23. Jurisdiction of United States courts and judges

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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.

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(R.S. Sec. 4069.)

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CODIFICATION

R.S. Sec. 4069 derived from act July 6, 1798, ch. 66, Sec. 2, 1

Stat. 577.

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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.

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50 USC Sec. 24 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 3 - ALIEN ENEMIES

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Sec. 24. Duties of marshals

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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.

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(R.S. Sec. 4070.)

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CODIFICATION

R.S. Sec. 4070 derived from act July 6, 1798, ch. 66, Sec. 3, 1

Stat. 578.

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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.

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