50 U.S.C. § 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.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1947–2025 · leading case: Ex Parte Arakawa, 79 F. Supp. 468 (E.D. Pa. 1947).

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Ex Parte Arakawa, 79 F. Supp. 468 (E.D. Pa. 1947). “§ 4069, 50 U.S.C.A. § 23 . 8 “When an alien enemy is required by the ITesident, or by order of any court * * *, to depart and to be removed, it shall be the duty of the marshal ® * * to provide therefore and to execute such order * * * by causing a removal of such alien out of…”

J.G.G. v. Donald Trump (D.C. Cir. 2025). · cites it 3× “50 U.S.C. § 23 . The AEA was one of several measures known as the Alien and Sedition Acts passed in 1798 when the United States feared that France was planning a military invasion.”

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