[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5055 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5055
To provide benefits for noncitizen members of the Armed Forces, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2022
Mr. Padilla (for himself, Mr. Durbin, Mr. Booker, Mr. Sanders, Ms.
Warren, Mr. Markey, Mr. Blumenthal, Mr. Brown, and Mrs. Feinstein)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
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 Service Recognition Act of
2022''.
SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED FROM THE UNITED
STATES.
(a) Study Required.--
(1) In general.--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
and noncitizen former members 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.
(2) Elements.--The study carried out pursuant to paragraph
(1) shall determine--
(A) the number of noncitizens who--
(i) served in the Armed Forces for an
aggregate period of more than 180 days; and
(ii) were removed by U.S. Immigration and
Customs Enforcement or the Immigration and
Naturalization Service during the period
covered by the report;
(B) for each noncitizen described in subparagraph
(A)--
(i) the country of nationality or last
habitual residence of such noncitizen;
(ii) the total time such noncitizen served
as a member of the Armed Forces;
(iii) each ground on which such noncitizen
was ordered removed pursuant to section 212(a)
of the Immigration and Nationality Act (8
U.S.C. 1182(a)) or section 237(a) of such Act
(8 U.S.C. 1227(a)), as applicable; and
(iv) whether such noncitizen appealed the
removal order to the Board of Immigration
Appeals;
(C)(i) the number of noncitizens described in
subparagraph (A) who were discharged or released from
service under honorable conditions;
(ii) the number of noncitizens described in
subparagraph (A) who were discharged or released from
service under other than honorable conditions;
(iii) the number of noncitizens described in
subparagraph (A) who were deployed overseas;
(iv) the number of noncitizens described in
subparagraph (A) who served on active duty in the Armed
Forces in an overseas contingency operation;
(v) the number of noncitizens described in
subparagraph (A) who were awarded decorations or
medals;
(vi) the number of noncitizens described in
subparagraph (A) who applied for benefits under laws
administered by the Secretary of Veterans Affairs; and
(vii) the number of noncitizens described in
subparagraph (A) who receive benefits described in
clause (vi); and
(D) the reasons preventing any of the noncitizens
who applied for benefits described in subparagraph
(C)(vi) 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. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO REMOVAL.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
develop--
(1) a protocol for identifying noncitizens who are or may
be veterans; and
(2) a system for maintaining information about noncitizen
veterans identified pursuant to the protocol established under
paragraph (1) and information provided by the Under Secretary
of Defense for Personnel and Readiness under section 4(d).
(b) Information Sharing.--The system developed pursuant to
subsection (a)(2) shall be shared across all components of the
Department of Homeland Security, including Enforcement and Removal
Operations, the Office of the Principal Legal Advisor, Homeland
Security Investigations, and the Military Family Immigration Advisory
Committee.
(c) Consideration of Veteran Status.--The Secretary of Homeland
Security shall ensure that, in the case of any noncitizen veteran who
is potentially removable, and in any removal proceeding against such a
noncitizen veteran, information available under the system developed
pursuant to subsection (a)(2) is taken into consideration, including
for purposes of any adjudication on the immigration status of such
veteran.
(d) Use of System Required.--The Secretary of Homeland Security may
not initiate removal proceedings against an individual prior to using
the system established pursuant to subsection (a)(2) to attempt to
determine whether the individual is a veteran. If the Secretary of
Homeland Security determines that such an individual is or may be a
veteran, the Secretary shall notify the Military Family Immigration
Advisory Committee concurrently upon initiating removal proceedings
against such individual.
(e) 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 in annual training on the protocol developed under
this section.
SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish an advisory committee, which shall be known as the ``Military
Family Immigration Advisory Committee'', to provide recommendations to
the Secretary of Homeland Security on the exercise of discretion in any
case involving removal proceedings for--
(1) a member of the Armed Forces;
(2) a veteran; or
(3) a covered family member.
(b) Membership.--The Advisory Committee shall be composed of 9
members, appointed by the Secretary of Homeland Security.
(c) Case Reviews.--
(1) In general.--Not later than 30 days after the Advisory
Committee identifies or is notified about the case of an
individual described in subsection (a), the Advisory Committee
shall meet to review the case and to provide a written
recommendation to the Secretary of Homeland Security on
whether--
(A) an exercise of discretion is warranted,
including--
(i) termination of removal proceedings;
(ii) parole;
(iii) deferred action;
(iv) a stay of removal;
(v) administrative closure; or
(vi) authorization to apply for any other
form of relief; or
(B) to continue seeking the removal of such
individual.
(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,
whether the individual--
(i) was an enlisted member or officer of
the Armed Forces;
(ii) received a medal or decoration, 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) was an enlisted member or officer of
the Armed Forces;
(ii) completed a period of service in the
Armed Forces and was discharged under
conditions other than dishonorable;
(iii) received a medal or decoration, 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 of another
country; 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) Briefings on Noncitizen Veterans.--The Under Secretary of
Defense for Personnel and Readiness shall provide detailed briefings to
the Advisory Committee regarding the service of a noncitizen veteran
when that individual's case is being considered by the Advisory
Committee.
(e) 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.
(f) Transfer of Case Files.--For any individual with respect to
whom the Advisory Committee is conducting a case review under this
section, the Secretary of Defense and the Secretary of Homeland
Security shall provide to the Advisory Committee a copy of any
available record pertaining to that individual, including such
individual's alien file, that is relevant to the case review.
(g) Limitation on Removal.--Notwithstanding any other provision of
law, an individual described in subsection (a) may not be ordered
removed until the Advisory Committee has provided a recommendation with
respect to such individual to the Secretary of Homeland Security.
SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.
(a) In General.--
(1) Program established.--The Secretary of Homeland
Security, acting through the Director of U.S. Citizenship and
Immigration Services, and in coordination with the Secretary of
Defense, shall jointly implement a program to ensure that--
(A) each eligible noncitizen is afforded the
opportunity to file an application for naturalization
at any point on or after the first day of service on
active duty or first day of service as a member of the
Selected Reserve pursuant to section 329 of the
Immigration and Nationality Act (8 U.S.C. 1440); and
(B) the duly authenticated certification (or any
other successor form) required under section 329(b)(3)
of the Immigration and Nationality Act (8 U.S.C.
1140(b)(3)) is issued to each noncitizen not later than
30 days after the individual makes a request for such
certification.
(2) Eligible noncitizen.--In this subsection, the term
``eligible noncitizen'' means a noncitizen who serves or has
served in the Armed Forces during any period that the President
by Executive order designates as a period during which the
Armed Forces are or were engaged in military operations
involving armed conflict with a hostile foreign force.
(b) JAG Training.--The Secretary of Defense shall ensure that
appropriate members of the Judge Advocate General Corps of each Armed
Force 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.
(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) Annual Reports.--The Secretary of each military department
shall annually submit a report to the appropriate congressional
committees that identifies the number of all noncitizens who enlisted
or were appointed in the military department concerned, 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.
(e) Further Facilitation Naturalization for Military Personnel in
Contingency Operations.--Any person who has served honorably as a
member of the Armed Forces of the United States in support of a
contingency operation (as defined in section 101(a)(13) of title 10,
United States Code), and who, if separated from the Armed Forces, was
separated under honorable conditions, may be naturalized as provided in
section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as
though the person had served during a period designated by the
President under such section.
(f) Naturalization Through Service in the Armed Forces of the
United States.--Section 328 of the Immigration and Nationality Act (8
U.S.C. 1439) is amended--
(1) in subsection (a), by striking ``six months'' and
inserting ``one year''; and
(2) in subsection (d), by striking ``six months'' and
inserting ``one year''.
SEC. 6. 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 to station or employ a person described in
paragraph (1) at a Military Entrance Processing Station, a
member of the Armed Forces or an 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. 7. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES;
ADJUSTMENT OF STATUS.
(a) Eligible Veterans.--Notwithstanding the issuance of a final
order of removal against a noncitizen, the Secretary of Homeland
Security may adjust such noncitizen's status to that of an alien
lawfully admitted for permanent residence, or admit such noncitizen for
lawful permanent residence if the Secretary determines that such
noncitizen--
(1) is a veteran; and
(2) except as provided in subsection (b), is not
inadmissible.
(b) Waiver.--
(1) Authority.--The Secretary of Homeland Security may
waive any applicable ground of inadmissibility with respect to
a noncitizen veteran described in subsection (a), under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) (other than paragraph (3) of such section 212(a), or a
finding of inadmissibility under paragraph (2)(A) based on a
conviction of an aggravated felony described in subparagraph
(A), (I), or (K) of section 101(a)(43) of such Act (8 U.S.C.
1101(a)(43))) if the Secretary determines that such waiver is
in the public interest.
(2) Public interest considerations.--In determining whether
a waiver described in paragraph (1) is in the public interest,
the Secretary of Homeland Security shall consider factors, such
as--
(A) the noncitizen's service in the Armed Forces;
and
(B) the recency and severity of any offense or
conduct that forms the basis of a finding of
inadmissibility under section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)).
(c) Procedures.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
promulgate regulations that establish procedures for carrying out this
section.
(d) No Numerical Limitations.--Individuals who are granted lawful
permanent residence under this section shall not be subject to the
numerical limitations under section 201, 202, or 203 of the Immigration
and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(e) Clarification.--If a noncitizen's status is adjusted to that of
an alien lawfully admitted for permanent residence, or if such
noncitizen is lawfully admitted for permanent residence, such
adjustment or admission shall create a presumption that the noncitizen
has established good moral character under paragraphs (1) through (8)
of section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)).
(f) Limitation on Removal.--
(1) In general.--A noncitizen who appears to be prima facie
eligible for lawful permanent resident status under this
section shall be given a reasonable opportunity to apply for
such status. Such noncitizen may not be removed from the United
States until a final administrative decision establishing
ineligibility for such status is rendered.
(2) Effect of final order.--
(A) In general.--A noncitizen present in the United
States who has been ordered removed or has been
permitted to depart voluntarily from the United States
may, notwithstanding such order or permission to
depart, apply for lawful permanent resident status
under this section. Such noncitizen may not be required
to file a separate motion to reopen, reconsider, or
vacate the order of removal.
(B) Effect of approval.--If the Secretary of
Homeland Security approves an application filed
pursuant to subparagraph (A)--
(i) the Secretary shall notify the Attorney
General of such approval; and
(ii) the Attorney General shall cancel the
order of removal.
(C) Effect of denial.--If the Secretary of Homeland
Security renders a final administrative decision to
deny an application filed pursuant to subparagraph (A),
the order of removal or permission to depart shall be
effective and enforceable to the same extent as if the
application had not been made, only after all available
administrative and judicial remedies have been
exhausted.
SEC. 8. ADJUSTMENT OF STATUS FOR CERTAIN IMMEDIATE RELATIVES OF UNITED
STATES CITIZEN SERVICE MEMBERS OR VETERANS.
(a) In General.--For purposes of an application for adjustment of
status pursuant to an approved petition for classification under
section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)), an alien described in subsection (b)--
(1) is be deemed to have been inspected and admitted into
the United States; and
(2) shall not be subject to paragraphs (6)(A), (6)(C),
(7)(A), and (9) of section 212(a) of such Act (8 U.S.C.
1182(a)).
(b) Alien Described.--An alien described in this subsection is the
beneficiary of an approved petition for classification under section
204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)) as an immediate relative (as defined in section
201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i))) of a citizen
of the United States who--
(1) served, for a minimum of 2 years, on active duty in the
Armed Forces or in a reserve component of the United States
Armed Forces; and
(2) if discharged or released from service in the Armed
Forces, was discharged or released under honorable conditions.
SEC. 9. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Military Family Immigration Advisory Committee
established pursuant to section 4.
(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(4) of
title 10, United States Code.
(4) Covered family member.--The term ``covered family
member'' means the noncitizen spouse or noncitizen child of--
(A) a member of the Armed Forces; or
(B) a veteran.
(5) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(6) Noncitizen.--The term ``noncitizen'' means an
individual who is not a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))).
(7) Veteran.--The term ``veteran'' has the meaning given
such term in section 101(2) of title 38, United States Code.
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