§3253. Army: persons not qualified

In time of peace, no person may be accepted for original enlistment in the Army unless he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the applicable provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(Aug. 10, 1956, ch. 1041, 70A Stat. 177 ; Aug. 17, 1961, Pub. L. 87–143, §1(1), 75 Stat. 364 ; Jan. 2, 1968, Pub. L. 90–235, §2(a)(2)(A), 81 Stat. 756 ; Dec. 12, 1980, Pub. L. 96–513, title V, §512(3), 94 Stat. 2929 .)

In subsection (a), the words "an armed force" are substituted for the words "the military service of the United States". The words "and no person" are omitted as surplusage. The last sentence is substituted for 10:622 (proviso). The words "by regulations or otherwise" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. Since the authority to enlist deserters "in meritorious cases", granted to the Secretary by 10:622, is equivalent to or broader than his authority to do so under 10:624, the applicability of 10:624 to 10:622 is omitted as surplusage.

In subsection (b), the word "soldier", in 10:623, is omitted as covered by the word "person". The last sentence is substituted for 10:624.

In subsections (b) and (c), the first 15 words and the proviso of section 2 of the Act of August 1, 1894, ch. 179, 28 Stat. 216 , are not contained in 10:623 or 625. They are also omitted from the revised section, since the first 15 words are superseded by section 3256(a) of this title, and the proviso is executed.

In subsection (c), the words "(except an Indian)", in section 2 of the Act of August 1, 1894, ch. 179, 28 Stat. 216 , are not contained in 10:625. They are also omitted from the revised section, since section 201(b) of the Act of October 14, 1940, ch. 876, 54 Stat. 1138 (8 U.S.C. 601), provides that Indians are citizens and nationals of the United States. The words "may be accepted for original" are substituted for the words "shall be enlisted for the first".

References in Text

The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163 , as amended, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments

1980-Pub. L. 96–513 substituted "Immigration and Nationality Act (8 U.S.C. 1101 et seq.)" for "chapter 12 of title 8".

1968-Pub. L. 90–235 struck out provisions formerly set out as subsec. (a) disqualifying insane persons, intoxicated persons, deserters and convicted felons from Army service, and provisions formerly set out as subsec. (b) disqualifying from reenlistment in the Army persons whose service during their last term of enlistment was not honest and faithful, and redesignated as entire section provisions formerly set out as subsec. (c).

1961-Subsec. (c). Pub. L. 87–143 substituted "a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the applicable provisions of chapter 12 of title 8" for ", or has made a legal declaration of intention to become, a citizen of the United States".

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Enlistment of Citizens of Northern Mariana Islands in Armed Forces of United States; Termination of Period Within Which To Enlist

Pub. L. 96–351, Sept. 15, 1980, 94 Stat. 1161 , which authorized, notwithstanding the provisions of sections 3253 and 8253 of this title and in accordance with a Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, approved on Mar. 24, 1976, by Pub. L. 94–241, 48 U.S.C. 1801 note, a citizen of the Northern Mariana Islands who indicated in writing to a commissioned officer of the Armed Forces of the United States an intent to become a citizen, and not a national, of the United States upon full implementation of such Covenant, and who was otherwise qualified for military service under applicable laws and regulations, could enlist in the Armed Forces, expired Nov. 3, 1986, upon establishment of the Commonwealth of the Northern Mariana Islands.

Enlistments Between June 30, 1955, and July 24, 1957

Section 3 of Pub. L. 85–116, July 24, 1957, 71 Stat. 311 , provided that enlistments under the Act of June 30, 1950, as amended, made after June 30, 1955 and before July 24, 1957 were deemed to have been made under a suspension of (1) the prohibition of section 2 of the Act of Aug. 1, 1894, as amended, which stated that in time of peace no person who is not a citizen of the United States or who has not made a legal declaration of intent to become a citizen could be enlisted for the first enlistment in the Army or (2) section 3253(c) of Title 10, Armed Forces, as the case may be.

Enlistments Between July 24, 1957, and July 1, 1959

Section 2 of Pub. L. 85–116, July 24, 1957, 71 Stat. 311 , provided that subsection (c) of this section did not apply to enlistments made under the act of June 30, 1950, on and after July 24, 1957, and before July 1, 1959.

Cross References

Nationality and naturalization, see section 1401 et seq. of Title 8, Aliens and Nationality.

Naturalization through service in armed forces, see sections 1439, 1440 of Title 8.

Persons effecting unlawful enlistment, punishment, see section 884 of this title.