§8253. Air Force: persons not qualified

In time of peace, no person may be accepted for original enlistment in the Air Force 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. 503 ; Aug. 17, 1961, Pub. L. 87–143, §1(2), 75 Stat. 364 ; Jan. 2, 1968, Pub. L. 90–235, §2(a)(4)(A), 81 Stat. 756 ; Dec. 12, 1980, Pub. L. 96–513, title V, §514(2), 94 Stat. 2935 .)

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 They are also omitted from the revised section, since the first 15 words are superseded by section 8256(a) of this title, and the proviso is executed.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 "the 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 service in the Air Force, and provisions formerly set out as subsec. (b) disqualifying from reenlistment in the Air Force 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

For authorization, notwithstanding sections 3253 and 8253 of this title, of a citizen of the Northern Mariana Islands to enlist in the Armed Forces of the United States upon meeting certain requirements and for termination of the enlistment period, see Pub. L. 96–351, Sept. 15, 1980, 94 Stat. 1161 , set out as a note under section 3253 of this title.

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 and 1440 of Title 8.

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