[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2401 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2401
To amend section 504 of title 10, United States Code, to allow certain
aliens to enlist in the Armed Forces and to clarify the naturalization
process for such alien enlistees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2023
Ms. Duckworth introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 504 of title 10, United States Code, to allow certain
aliens to enlist in the Armed Forces and to clarify the naturalization
process for such alien enlistees, 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 ``Enlist Act of 2023''.
SEC. 2. ENLISTMENT OF CERTAIN ALIENS AND CLARIFICATION OF
NATURALIZATION PROCESS FOR SUCH ALIEN ENLISTEES.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this section that is used in the immigration
laws shall have the meaning given such term in the immigration
laws.
(2) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of title
10, United States Code.
(3) 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)).
(4) Military department.--The term ``military department''
has the meaning given such term in section 101 of title 10,
United States Code.
(5) Secretary concerned.--The term ``Secretary concerned''
has the meaning given such term in section 101 of title 10,
United States Code.
(b) Enlistment in the Armed Forces for Certain Aliens.--Subsection
(b)(1) of section 504 of title 10, United States Code, is amended by
adding at the end the following:
``(D)(i) An alien who--
``(I) subject to clause (ii), has been
continuously physically present in the United
States for five years;
``(II) has completed, to the satisfaction
of the Secretary of Defense or the Secretary
concerned, the same security or suitability
vetting processes as are required of qualified
individuals seeking enlistment in an armed
force;
``(III) meets all other standards set forth
for enlistment in an armed force as are
required of qualified individuals; and
``(IV)(aa) has received a grant of deferred
action pursuant to the Deferred Action for
Childhood Arrivals policy of the Department of
Homeland Security, or successor policy,
regardless of whether a court order terminates
such policy;
``(bb) has been granted temporary protected
status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a); or
``(cc) is the beneficiary of an approved
petition for an immigrant visa, but has been
unable to adjust status to that of an alien
lawfully admitted for permanent residence
pursuant to section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) because a visa
number has not become available or the
beneficiary turned 21 years of age prior to a
visa becoming available.
``(ii) An alien described in clause (i) who has
departed the United States during the five-year period
referred to in subclause (I) of that clause shall be
eligible to enlist if the absence of the alien was
pursuant to advance approval of travel by the Secretary
of Homeland Security and within the scope of such
travel authorization.''.
(c) Stay of Removal Proceedings.--Section 237 of the Immigration
and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the
following:
``(e) If an alien described in section 504(b)(1)(D) of title 10,
United States Code, who is subject to a ground of removability has
served honorably in the Armed Forces, and if separated from such
service, was never separated except under honorable conditions, the
Secretary of Homeland Security shall grant such alien an administrative
stay of removal under section 241(c)(2) until the earlier of--
``(1) the date on which the head of the military department
(as defined in section 101 of title 10, United States Code)
under which the alien served determines that the alien did not
serve honorably in active-duty status, and if separated from
such service, that such separation was not under honorable
conditions as required by sections 328 and 329; or
``(2) the date on which the alien's application for
naturalization under section 328 or 329 has been denied or
revoked and all administrative appeals have been exhausted.''.
(d) Timely Determination by the Secretary of Defense.--Not later
than 90 days after receiving a request by an alien who has enlisted in
the Armed Forces pursuant to section 504(b)(1)(D) of title 10, United
States Code, for a certification of service in the Armed Forces, the
head of the military department under which the alien served shall
issue a determination certifying whether the alien has served honorably
in an active-duty status, and whether separation from such service was
under honorable conditions as required by sections 328 and 329 of the
Immigration and Nationality Act (8 U.S.C. 1439, 1440), unless the head
of the military department concerned requires additional time to vet
national security or counter-intelligence concerns.
(e) Medical Exception.--An alien who otherwise meets the
qualifications for enlistment under section 504(b)(1)(D) of title 10,
United States Code, but who, after reporting for initial entry
training, has not successfully completed such training primarily for
medical reasons shall be considered to have separated from service in
the Armed Forces under honorable conditions for purposes of sections
328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439,
1440), if such medical reasons are certified by the head of the
military department under which the individual so served.
(f) Good Moral Character.--In determining whether an alien who has
enlisted in the Armed Forces pursuant to section 504(b)(1)(D) of title
10, United States Code, has good moral character for purposes of
section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)), the Secretary of Homeland Security--
(1) shall consider the alien's honorable service in the
Armed Forces; and
(2) may make a finding of good moral character
notwithstanding--
(A)(i) any single misdemeanor offense, if the alien
has not been convicted of any offense during the 5-year
period preceding the date on which the alien applies
for naturalization; or
(ii) not more than 2 misdemeanor offenses, if the
alien has not been convicted of any offense during the
10-year period preceding the date on which the alien
applies for naturalization.
(g) Confidentiality of Information.--
(1) In general.--The Secretary of Homeland Security or the
Secretary of Defense may not disclose or use for purposes of
immigration enforcement information provided in--
(A) documentation filed under this section or an
amendment made by this section; or
(B) enlistment applications filed, or inquiries
made, under section 504(b)(1)(D) of title 10, United
States Code.
(2) Treatment of records.--
(A) In general.--Documentation filed under this
section or an amendment made by this section--
(i) shall be collected pursuant to section
552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''); and
(ii) may not be disclosed under subsection
(b)(7) of that section for purposes of
immigration enforcement.
(B) Destruction.--In the case of an alien who
attempts to enlist under section 504(b)(1)(D) of title
10, United States Code, but does not successfully do so
(except in the case of an alien described in subsection
(e)), the Secretary of Homeland Security and the
Secretary of Defense shall destroy information provided
in documentation filed under this section or an
amendment made by this section not later than 60 days
after the date on which the alien concerned is denied
enlistment or fails to complete basic training, as
applicable.
(3) Referrals prohibited.--The Secretary of Homeland
Security or the Secretary of Defense (or any designee of the
Secretary of Homeland Security or the Secretary of Defense),
based solely on information provided in an application for
naturalization submitted by an alien who has enlisted in the
Armed Forces under section 504(b)(1)(D) of title 10, United
States Code, or an enlistment application filed or an inquiry
made under that section, may not refer the individual concerned
to U.S. Immigration and Customs Enforcement or U.S. Customs and
Border Protection.
(4) Limited exception.--Notwithstanding paragraphs (1)
through (3), information provided in an application for
naturalization submitted by an individual who has enlisted in
the Armed Forces under section 504(b)(1)(D) of title 10, United
States Code, may be shared with Federal security and law
enforcement agencies--
(A) for assistance in the consideration of an
application for naturalization;
(B) to identify or prevent fraudulent claims;
(C) for national security purposes pursuant to
section 6611 of the National Defense Authorization Act
for Fiscal Year 2020 (50 U.S.C. 3352f); or
(D) for the investigation or prosecution of any
Federal crime, except any offense, other than a fraud
or false statement offense, that is--
(i) related to immigration status; or
(ii) a petty offense (as defined in section
19 of title 18, United States Code).
(5) Penalty.--Any person who knowingly and willfully uses,
publishes, or examines, or permits such use, publication, or
examination of, any information produced or provided by, or
collected from, any source or person under this section or an
amendment made by this section, and in violation of this
subsection, shall be guilty of a misdemeanor and fined not more
than $5,000.
(h) Rule of Construction.--Nothing in this section or an amendment
made by this section may be construed to modify--
(1) except as otherwise specifically provided in this
section, the process prescribed by sections 328 and 329A of the
Immigration and Nationality Act (8 U.S.C. 1439, 1440-1) by
which a person may naturalize, or be granted posthumous United
States citizenship, through service in the Armed Forces; or
(2) the qualifications for original enlistment in any
component of the Armed Forces otherwise prescribed by law or
the Secretary of Defense.
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