Understanding 28 U.S.C. § 1442: Federal Officer Removal Statute
The federal officer removal statute, 28 U.S.C. § 1442, allows certain defendants sued or prosecuted in state court to move their case to federal district court. This provision is a key mechanism for protecting federal officers and agencies from potentially biased or inconvenient state court proceedings.
Who Can Remove a Case Under § 1442(a)?
Under subsection (a), a civil action or criminal prosecution commenced in state court may be removed by the defendant if it is against or directed to:
- The United States or any of its agencies
- Any officer (or person acting under that officer) of the United States or its agencies, in an official or individual capacity
- Such actions must relate to acts under color of office or based on authority claimed under an Act of Congress for apprehending criminals or collecting revenue
- Property holders whose title is derived from a federal officer, where the action affects the validity of a federal law
- Officers of U.S. Courts, for acts under color of office or in performance of duties
- Officers of either House of Congress, for acts in discharge of official duty under a House order
Who Can Remove a Case Under § 1442(b)?
Subsection (b) provides a narrower removal right: a personal action commenced in state court by an alien against a citizen of a state who is, or was at the time the action accrued, a civil officer of the United States and a nonresident of that state, may be removed if jurisdiction was obtained by personal service of process.
Purpose and Effect of Removal
When a case is properly removed under § 1442, it is transferred from state court to the U.S. District court for the district and division where the case is pending. This ensures that cases involving federal officers or federal interests are adjudicated in a federal forum, which Congress has deemed more appropriate for such matters.
Key Takeaways
- 28 U.S.C. § 1442 enables removal of certain state court cases to federal court to protect federal officers and agencies
- The statute applies broadly to federal officers, agents, and those acting under them, as well as specific categories like federal court officers and members of Congress
- Removal is proper when the action relates to acts under color of federal office or authority derived from federal law
- A separate provision covers suits by aliens against nonresident federal officers