[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 717 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 717
To prohibit the removal from the United States of certain veterans, to
expedite their naturalization, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2023
Mr. Vicente Gonzalez of Texas (for himself, Mr. Fitzpatrick, Mr.
Correa, Mr. Cuellar, Ms. Salazar, Mr. McGovern, Ms. Garcia of Texas,
Mr. Sherman, Mr. Foster, Ms. Schakowsky, Mr. Vargas, Mr. Levin, Mr.
Neguse, Ms. Norton, and Mr. Blumenauer) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the removal from the United States of certain veterans, to
expedite their naturalization, 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 ``Repatriate Our Patriots Act''.
SEC. 2. DEFINITION.
In this Act, the term ``special veteran'' means an individual who
is an alien and is described in section 101(2) of title 38, United
States Code, except the term--
(1) only includes individuals who were discharged or
released from the Armed Forces under honorable conditions;
(2) does not include individuals who have been convicted of
voluntary manslaughter, murder, rape, sexual abuse of a minor,
or any offense under chapter 113B of title 18, United States
Code (relating to terrorism); and
(3) does not include individuals who have been determined
to be a child abuser or a pedophile.
SEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL.
Notwithstanding any other provision of law, including section 237
of the Immigration and Nationality Act (8 U.S.C. 1227), a special
veteran shall not be removed from the United States.
SEC. 4. NATURALIZATION FOR SPECIAL VETERANS.
(a) In General.--Notwithstanding any other provision of law, a
special veteran shall be naturalized as a citizen of the United States
upon the filing of the appropriate application, paying the appropriate
fees, and, except as provided in subsection (b), taking and subscribing
before an officer of the Department of Homeland Security within the
United States to the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448). The Secretary of
Homeland Security shall take steps to ensure that the period in which
an application for naturalization under this section is pending does
not exceed 90 days. The Secretary shall furnish each special veteran
naturalized under this section with a certificate of citizenship.
(b) Special Veterans Abroad.--In the case of a special veteran
residing abroad, the application for naturalization may be filed from
abroad, and the oath of allegiance described in subsection (a) may be
subscribed to abroad at United States embassies and consulates.
(c) Waiver.--Consistent with section 337(a) of the Immigration and
Nationality Act (8 U.S.C. 1448(a)), the Secretary of Homeland Security
may waive the taking of the oath of allegiance described in subsection
(a) by a special veteran if, in the opinion of the Secretary, the
special veteran is unable to understand, or to communicate an
understanding of, its meaning because of a physical or developmental
disability or mental impairment.
SEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL PROCEEDINGS OR ORDERED
REMOVED.
In the case of a special veteran in removal proceedings on the date
of the enactment of this Act, the Secretary of Homeland Security shall
cancel the removal of the special veteran. In the case of a special
veteran who was ordered removed before the date of the enactment of
this Act, the Attorney General shall rescind any outstanding order of
removal, and any finding that the special veteran is subject to removal
or is inadmissible. In the case of a special veteran physically present
in the United States whose status as an alien lawfully admitted for
permanent residence was rescinded before the date of the enactment of
this Act, the Secretary of Homeland Security shall allow the veteran to
adjust status to that of an alien lawfully admitted for permanent
residence without regard to any numerical limitation in the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM THE UNITED STATES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a program and application procedure
to permit special veterans removed from the United States before the
date of the enactment of this Act to enter the United States as an
alien lawfully admitted for permanent residence without regard to any
numerical limitation in the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
SEC. 7. IDENTIFICATION OF SPECIAL VETERANS.
(a) Identification.--The Secretary of Homeland Security shall
identify immigration cases involving special veterans by--
(1) inquiring of every alien processed prior to initiating
removal proceedings whether the alien is a special veteran; and
(2) keeping records of special veterans who have been
detained under the immigration laws, had removal proceedings
against them initiated before the date of the enactment of this
Act, or been removed before such date.
(b) Record Annotation.--When the Secretary has identified a case
under subsection (a), the Secretary shall annotate all immigration and
naturalization records of the Department of Homeland Security relating
to the special veteran involved so as to reflect that identification
and afford an opportunity to track the outcomes for the veteran. Such
annotation shall include--
(1) the veteran's branch of military service;
(2) whether or not the veteran served during a period of
military hostilities described in section 329 of the
Immigration and Nationality Act (8 U.S.C. 1440); and
(3) the veteran's immigration status at the time of
enlistment.
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