Alien Enemies Act of 1798




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

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.

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.)

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.)

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.)