[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1182 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1182
To provide benefits for noncitizen members of the Armed Forces, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2021
Mr. Takano (for himself, Mr. Vargas, Mr. Grijalva, Mr. Gallego, Ms.
Titus, Ms. Moore of Wisconsin, Ms. Barragan, Mr. Foster, Ms. Ocasio-
Cortez, Ms. Garcia of Texas, Mr. McGovern, Mr. Correa, Ms. Norton, Mrs.
Demings, Ms. Escobar, Mr. Hastings, Mr. Lowenthal, Mrs. Napolitano, Mr.
Torres of New York, Ms. Lee of California, Ms. Schakowsky, Mr.
Espaillat, Mr. Horsford, Mr. Soto, and Mr. Blumenauer) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Veterans' Affairs, and Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide benefits for noncitizen members of the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Deportation Prevention and
Reform Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) military service to the United States is a sacrifice
that demonstrates loyalty to the Nation;
(2) a noncitizen who takes an oath of enlistment or an oath
of office to join the United States Armed Forces--promising to
support and defend the Constitution of the United States
against all enemies, foreign and domestic--deserves facilitated
access to naturalization;
(3) such noncitizen and his or her family members deserve
consideration for the exercise of prosecutorial discretion in
immigration removal proceedings; and
(4) a noncitizen veteran who is deported after
consideration under this Act should be provided the same
veterans' benefits to which a similarly situated United States
citizen veteran would be entitled.
SEC. 3. IDENTIFICATION OF MEMBERS OF THE ARMED FORCES, VETERANS, AND
COVERED FAMILY MEMBERS IN REMOVAL PROCEEDINGS.
(a) In General.--Not later than the time of the Master Calendar
Hearing for any individual in removal proceedings, the Director of U.S.
Immigration and Customs Enforcement shall identify whether the
individual is--
(1) a member of the Armed Forces serving on active duty or
in a reserve component;
(2) a veteran; or
(3) a covered family member.
(b) Transfer of Case Files.--The Director of U.S. Immigration and
Customs Enforcement shall transfer a copy of the complete case file of
any individual identified under subsection (a), immediately after such
identification, to the Advisory Committee.
(c) Limitation on Removal.--Notwithstanding any other provision of
law, an individual described in subsection (a) may not be removed until
the Military Family Immigration Advisory Committee established under
section 7 has provided recommendations with respect to that individual
to the Secretary of Homeland Security and the Attorney General under
section 7.
SEC. 4. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED FROM THE UNITED
STATES.
(a) Study Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Veterans Affairs shall jointly
carry out a study on noncitizen veterans of the Armed Forces who were
removed from the United States during the period beginning on January
1, 1990, and ending on the date of the enactment of this Act, which
shall include--
(1) the number of noncitizens removed by U.S. Immigration
and Customs Enforcement or the Immigration and Naturalization
Service during the period covered by the report who served on
active duty in the Armed Forces or in a reserve component of
the Armed Forces for a period of more than 180 days;
(2) for each noncitizen described in paragraph (1)--
(A) the country of origin of the noncitizen;
(B) the length of time the noncitizen served as a
member of the Armed Forces;
(C) the grounds for removal under section 237(a) of
the Immigration and Nationality Act (8 U.S.C. 1227) or
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182), as applicable; and
(D) whether the noncitizen appealed the removal
order;
(3) the number of noncitizens described in paragraph (1)
who--
(A) were discharged or released from service under
honorable conditions;
(B) were deployed overseas;
(C) served on active duty in the Armed Forces in an
overseas contingency operation;
(D) were awarded military decorations, campaign
medals, or service medals;
(E) applied for benefits under laws administered by
the Secretary of Veterans Affairs; or
(F) are receiving benefits described in
subparagraph (E); and
(4) a description of the reasons preventing any of the
noncitizens who applied for benefits described in paragraph
(3)(E) from receiving such benefits.
(b) Report.--Not later than 90 days after the date of the
completion of the study required under subsection (a), the Secretary of
Defense, the Secretary of Homeland Security, and the Secretary of
Veterans Affairs shall jointly submit a report containing the results
of such study to the appropriate congressional committees.
SEC. 5. INFORMATION REGARDING VETERANS SUBJECT TO REMOVAL PROCEEDINGS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall create
a system to maintain information, that is shared across the Department
of Homeland Security (including Enforcement and Removal Operations, the
Office of the Principal Legal Advisor, and Homeland Security
Investigations), on potentially removable noncitizen veterans
(including the names and last known addresses of such individuals) and
removal proceedings with respect to any such individual, for the
purpose of ensuring that service in the Armed Forces of any such
individual is taken into consideration during any adjudication under
the immigration laws with respect to such individual, which information
shall include--
(1) information collected pursuant to the protocol
established under section 6(a); and
(2) information provided by the Secretary of Defense under
subsection (b).
(b) Provision of Information by Department of Defense.--Not later
than 30 days after a noncitizen veteran is honorably discharged from
the Armed Forces, the Secretary of Defense shall provide to the
Secretary of Homeland Security a copy of the Certificate of Release of
Discharge from Active Duty form, for inclusion in the system
established under subsection (a).
SEC. 6. PROTOCOL FOR IDENTIFYING NONCITIZEN VETERANS.
(a) In General.--Not later than the last of the first fiscal year
that begins after the date of the enactment of this Act, the Secretary
of Homeland Security shall establish--
(1) a protocol (to be known as the ``Immigrant Veterans
Eligibility Tracking System'' or ``I-VETS'') for identifying
noncitizens who are or may be veterans, and for collecting and
maintaining data with respect to such who are in removal
proceedings, or who have been removed, for use by personnel of
U.S. Immigration and Customs Enforcement;
(2) best practices with respect to addressing issues
related to the removal of any such noncitizen; and
(3) an annual training program for personnel of U.S.
Immigration and Customs Enforcement with respect to the
protocol and best practices established under paragraphs (1)
and (2).
(b) Training.--Beginning in the first fiscal year that begins after
the Secretary of Homeland Security completes the requirements under
subsection (a), personnel of U.S. Immigration and Customs enforcement
shall participate, on an annual basis, in a training on the protocol
and best practices developed under subsection (a).
SEC. 7. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense and in cooperation with the
Secretary of the Army, the Secretary of the Navy, the Secretary of the
Air Force, and the Commandant of the Coast Guard, shall establish an
advisory committee, to be known as the ``Military Family Immigration
Advisory Committee'', to provide recommendations to the Secretary of
Homeland Security and the Attorney General on the exercise of
prosecutorial discretion in cases involving removal proceedings of
individuals described in section 3(a).
(b) Membership.--The Advisory Committee shall be composed of--
(1) the Deputy Commanding General of Army Human Resources
Command, or designee;
(2) the Judge Advocate of the Army, or designee;
(3) the Deputy Commander of Navy Personnel Command, or
designee;
(4) the Judge Advocate of the Navy, or designee;
(5) the Vice Chief of Staff of the Air Force;
(6) the Judge Advocate of the Air Force, or designee;
(7) the Deputy Commandant for Mission Support of the Coast
Guard;
(8) the Judge Advocate of the Coast Guard, or designee; and
(9) the Deputy Commandant of Manpower and Reserve Affairs
of the Marine Corps, or designee.
(c) Case Reviews.--
(1) In general.--Not later than 30 days after the Director
of U.S. Immigration and Customs Enforcement notifies the
Advisory Committee of the case of an individual described in
section 3(a), the Advisory Committee shall meet to review the
case and to provide a written recommendation to the Secretary
of Homeland Security on whether the individual--
(A) notwithstanding the grounds for removal
asserted by U.S. Immigration and Customs Enforcement,
should be granted--
(i) a stay of removal and allowed to apply
for asylum;
(ii) deferred action; or
(iii) parole; or
(B) should be removed from the United States.
(2) Submission of information.--An individual who is the
subject of a case review under paragraph (1) may submit
information to the Advisory Committee, and the Advisory
Committee shall consider such information.
(3) Procedures.--In conducting each case review under
paragraph (1), the Advisory Committee shall consider, as
factors weighing in favor of a recommendation under paragraph
(1)(A)--
(A) with respect to a member of the Armed Forces
serving on active duty or in a reserve component,
whether the individual--
(i) took an oath of enlistment or an oath
of office;
(ii) received military decorations,
campaign medals, or service medals, was
deployed, or was otherwise evaluated for merit
in service during his or her service in the
Armed Forces;
(iii) is a national of a country that
prohibits repatriation of an individual after
any service in the Armed Forces; or
(iv) contributed to his or her local
community during his or her service in the
Armed Forces;
(B) with respect to a veteran, whether the
individual--
(i) took an oath of enlistment or an oath
of office;
(ii) completed a term of service in the
Armed Forces and was discharged under
conditions other than dishonorable;
(iii) received military decorations,
campaign medals, or service medals, was
deployed, or was otherwise evaluated for merit
in service during his or her service in the
Armed Forces;
(iv) is a national of a country that
prohibits repatriation of an individual after
any service in the Armed Forces; or
(v) contributed to his or her local
community during or after his or her service in
the Armed Forces; and
(C) with respect to a covered family member,
whether the individual--
(i) supported a member of the Armed Forces
serving on active duty or a veteran, including
through financial support, emotional support,
or caregiving; or
(ii) contributed to his or her local
community during or after the military service
of the member or of the veteran.
(d) Consultation With U.S. Immigration and Customs Enforcement
Principal Legal Advisor.--The Principal Legal Advisor of U.S.
Immigration and Customs Enforcement, or designee, shall consult with
the Advisory Committee at the request of members of the Advisory
Committee.
(e) Briefings on Unsuitability of Noncitizen Members of the Armed
Forces.--The Under Secretary of Defense for Personnel and Readiness
shall provide detailed briefings to the Advisory Committee regarding
the reasons for determining the unsuitability of noncitizen members of
the Armed Forces whose cases are being considered by the Advisory
Committee.
(f) Briefings on Actions in Response to Recommendations.--Not less
frequently than quarterly, the Secretary of Homeland Security shall
provide detailed briefings to the Advisory Committee regarding actions
taken in response to the recommendations of the Advisory Committee,
including detailed explanations for any cases in which a recommendation
of the Advisory Committee was not followed.
(g) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 8. LIST OF COUNTRIES UNWILLING TO REPATRIATE UNITED STATES
VETERANS.
The Secretary of Homeland Security, in consultation with the
Secretary of State, shall compile and annually update a list of
countries that refuse to repatriate nationals of such country who have
enlisted or been appointed in the United States Armed Forces.
SEC. 9. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.
(a) In General.--The Secretary of Homeland Security, acting through
the Director of U.S. Citizenship and Immigration Services, and the
Secretary of Defense shall jointly carry out a program under which any
individual noncitizen who serves on active duty in the Armed Forces,
and the noncitizen spouse and any noncitizen minor child of such
individual, shall be naturalized as a United States citizen if such
individual, and such spouse or child, submits an application for
naturalization and is not otherwise ineligible for citizenship under
the immigration laws (as that term is defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
(b) JAG Training.--The Secretary of Defense shall ensure that
appropriate members of the Judge Advocate General Corps of the Armed
Forces shall receive training to function as liaisons with U.S.
Citizenship and Immigration Services with respect to applications for
citizenship of noncitizen members of the Armed Forces assigned to units
in such areas.
(c) Training for Recruiters.--The Secretary of Defense shall ensure
that all recruiters in the Armed Forces receive training regarding--
(1) the steps required for a noncitizen member of the Armed
Forces to receive citizenship;
(2) limitations on the path to citizenship for family
members of such individuals; and
(3) points of contact at the Department of Homeland
Security to resolve emergency immigration-related situations
with respect to such individuals and their family members.
(d) Application for Naturalization.--
(1) Biometrics.--
(A) Submission of biometric information.--The
Secretary of Defense shall ensure that, at the time of
accession into the Armed Forces, biometric information
of an individual who has applied, or who plans to
apply, for naturalization is submitted to U.S.
Citizenship and Immigration Services for the purposes
of such application.
(B) Acceptance of biometric information.--The
Director of U.S. Citizenship and Immigration Services
shall accept any biometric information submitted
pursuant to subparagraph (A).
(2) Filing of application.--The Secretary of Homeland
Security, in coordination with the Secretary of Defense, shall
ensure that each noncitizen individual who accesses into the
Armed Forces is permitted to file an application for
naturalization as part of the accessions process.
(3) Adjudication of application.--The Secretary of Homeland
Security, in coordination with the Secretary of Defense, shall
ensure that the application for naturalization of any
individual who applies for naturalization during the accessions
process into the Armed Forces is adjudicated not later than the
last day of active service of the individual in the Armed
Forces.
(e) Annual Reports.--The Secretary of each military department
shall annually submit to the appropriate congressional committees a
report on the number of all noncitizens who enlisted or were appointed
in their department, all members of the Armed Forces in their
department who naturalized, and all members of the Armed Forces in
their department who were discharged or released without United States
citizenship under the jurisdiction of such Secretary during the
preceding year.
SEC. 10. INFORMATION FOR MILITARY RECRUITS REGARDING NATURALIZATION
THROUGH SERVICE IN THE ARMED FORCES.
The Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall ensure that there is stationed or employed at
each Military Entrance Processing Station--
(1) an employee of U.S. Citizenship and Immigration
Services; or
(2) in the case that the Secretary determines that it is
impracticable station or employ a person described in paragraph
(1) at a Military Entrance Processing Station, a member of the
Armed Forces or employee of the Department of Defense--
(A) whom the Secretary determines is trained in the
immigration laws; and
(B) who shall inform each military recruit who is
not a citizen of the United States processed at such
Military Entrance Processing Station regarding
naturalization through service in the Armed Forces
under sections 328 and 329 of the Immigration and
Nationality Act (8 U.S.C. 1439-1440).
SEC. 11. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES;
ADJUSTMENT OF STATUS.
(a) Program for Admission and Adjustment of Status.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Homeland Security shall establish a program and an application
procedure that allows--
(1) eligible veterans outside the United States to be
admitted to the United States as noncitizens lawfully admitted
for permanent residence (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))); and
(2) eligible veterans in the United States to adjust status
to that of noncitizens lawfully admitted for permanent
residence.
(b) Veterans Ordered Removed.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, in the case of noncitizen veterans
who are the subjects of final orders of removal, including
noncitizen veterans who are outside the United States, the
Attorney General shall--
(A) reopen the removal proceedings of each such
noncitizen veteran; and
(B) make a determination with respect to whether
each such noncitizen veteran is an eligible veteran.
(2) Rescission of removal order.--In the case of a
determination under paragraph (1)(B) that a noncitizen veteran
is an eligible veteran, the Attorney General shall--
(A) rescind the order of removal;
(B) adjust the status of the eligible veteran to
that of a noncitizen lawfully admitted for permanent
residence; and
(C) terminate removal proceedings.
(c) Veterans in Removal Proceedings.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, in the case of noncitizen veterans,
the removal proceedings of whom are pending as of the date of
the enactment of this Act, the Attorney General shall make a
determination with respect to whether each such noncitizen
veteran is an eligible veteran.
(2) Termination of proceedings.--In the case of a
determination under paragraph (1) that a noncitizen veteran is
an eligible veteran, the Attorney General shall--
(A) adjust the status of the eligible veteran to
that of a noncitizen lawfully admitted for permanent
residence; and
(B) terminate removal proceedings.
(d) No Numerical Limitations.--Nothing in this section or in any
other law may be construed to apply a numerical limitation on the
number of veterans who may be eligible to receive a benefit under this
section.
(e) Eligibility.--
(1) In general.--Notwithstanding sections 212 and 237 of
the Immigration and Nationality Act (8 U.S.C. 1182 and 1227) or
any other provision of law, a noncitizen veteran shall be
eligible to participate in the program established under
subsection (a) or for adjustment of status under subsections
(b) or (c), as applicable, if the Secretary or the Attorney
General, as applicable, determines that the noncitizen
veteran--
(A) was not removed or ordered removed from the
United States based on a conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national
security of the United States for which the
noncitizen veteran has served a term of
imprisonment of at least 5 years; and
(B) is not inadmissible to, or deportable from, the
United States based on a conviction for a crime
described in subparagraph (A).
(2) Waiver.--The Secretary may waive the application of
paragraph (1)--
(A) for humanitarian purposes;
(B) to ensure family unity;
(C) based on exceptional service in the Armed
Forces; or
(D) if a waiver otherwise is in the public
interest.
(f) Definitions.--In this section:
(1) Crime of violence.--The term ``crime of violence''
means an offense defined in section 16(a) of title 18, United
States Code--
(A) that is not a purely political offense; and
(B) for which a noncitizen has served a term of
imprisonment of at least 5 years.
(2) Eligible veteran.--
(A) In general.--The term ``eligible veteran''
means a veteran who--
(i) is a noncitizen; and
(ii) meets the criteria described in
subsection (e).
(B) Inclusion.--The term ``eligible veteran''
includes a veteran who--
(i) was removed from the United States; or
(ii) is abroad and is inadmissible under
section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
SEC. 12. ESTABLISHING GOOD MORAL CHARACTER OF APPLICANTS FOR
CITIZENSHIP WHO SERVED HONORABLY IN THE ARMED FORCES OF
THE UNITED STATES.
Section 328(e) of the Immigration and Nationality Act is amended by
adding at the end the following: ``Notwithstanding section 101(f), a
finding that an applicant under this section is described in any of
paragraphs (1) through (8) of section 101(f) (except in the case of an
applicant who is described in any such paragraph because of having been
convicted of an aggravated felony described in subparagraph (A), (I),
(K), or (L) of section 101(a)(43)) shall not preclude a finding that
the applicant is of good moral character.''.
SEC. 13. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Military Family Immigration Advisory Committee
established pursuant to section 7.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Veterans' Affairs of the
Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on the Judiciary of the House of
Representatives; and
(H) the Committee on Veterans' Affairs of the House
of Representatives.
(3) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101(a)(4) of
title 10, United States Code, and includes the reserve
components of the Armed Forces.
(4) Veteran.--The term ``veteran'' means a person who
served as a member of the Armed Forces on active duty or in a
reserve component and who was discharged or released therefrom
under conditions other than dishonorable.
(5) Covered family member.--The term ``covered family
member'' means the noncitizen spouse or noncitizen minor child
of--
(A) a member of the Armed Forces serving on active
duty or in a reserve component; or
(B) a veteran, as defined in paragraph (4).
(6) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(7) Noncitizen.--The term ``noncitizen'' means an
individual who is not a citizen or national of the United
States (as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))).
<all>