
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC1442]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART IV--JURISDICTION AND VENUE
 
     CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
 
Sec. 1442. Federal officers or agencies sued or prosecuted

    (a) A civil action or criminal prosecution commenced in a State 
court against any of the following may be removed by them to the 
district court of the United States for the district and division 
embracing the place wherein it is pending:
        (1) The United States or any agency thereof or any officer (or 
    any person acting under that officer) of the United States or of any 
    agency thereof, sued in an official or individual capacity for any 
    act under color of such office or on account of any right, title or 
    authority claimed under any Act of Congress for the apprehension or 
    punishment of criminals or the collection of the revenue.
        (2) A property holder whose title is derived from any such 
    officer, where such action or prosecution affects the validity of 
    any law of the United States.
        (3) Any officer of the courts of the United States, for any act 
    under color of office or in the performance of his duties;
        (4) Any officer of either House of Congress, for any act in the 
    discharge of his official duty under an order of such House.

    (b) A personal action commenced in any State court by an alien 
against any citizen of a State who is, or at the time the alleged action 
accrued was, a civil officer of the United States and is a nonresident 
of such State, wherein jurisdiction is obtained by the State court by 
personal service of process, may be removed by the defendant to the 
district court of the United States for the district and division in 
which the defendant was served with process.

(June 25, 1948, ch. 646, 62 Stat. 938; Pub. L. 104-317, title II, 
Sec. 206(a), Oct. 19, 1996, 110 Stat. 3850.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Secs. 76 and 77 (Mar. 3, 1911, 
ch. 231, Secs. 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 
Stat. 532).
    Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 
ed.
    The revised subsection (a)(1) is extended to apply to all officers 
and employees of the United States or any agency thereof. Section 76 of 
title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in 
the enforcement of the criminal or revenue laws.
    The procedural provisions of section 76 of title 28, U.S.C., 1940 
ed., are incorporated in sections 1446 and 1447 of this title. (See 
reviser's notes under those sections.)
    Changes were made in phraseology.


                               Amendments

    1996--Pub. L. 104-317, Sec. 206(a)(1), inserted ``or agencies'' 
after ``officers'' in section catchline.
    Subsec. (a). Pub. L. 104-317, Sec. 206(a)(2), struck out ``persons'' 
after ``following'' in introductory provisions and substituted ``The 
United States or any agency thereof or any officer (or any person acting 
under that officer) of the United States or of any agency thereof, sued 
in an official or individual capacity for any act under color of such 
office'' for ``Any officer of the United States or any agency thereof, 
or person acting under him, for any act under color of such office'' in 
par. (1).

                  Section Referred to in Other Sections

    This section is referred to in title 12 sections 1452, 2279aa-14; 
title 14 section 823a.
