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Shown Here: Introduced in House (06/14/2013)
113th CONGRESS 1st Session
H. R. 2377
To amend title 10, United States Code, to authorize the
enlistment in the Armed Forces of certain aliens who are unlawfully present in
the United States and were younger than 15 years of age when they initially
entered the United States, but who are otherwise qualified for enlistment, and
to provide a mechanism by which such aliens, by reason of their honorable
service in the Armed Forces, may be lawfully admitted to the United States for
permanent residence.
IN THE HOUSE OF REPRESENTATIVES
June 14, 2013
Mr. Denham (for
himself, Mr. Michaud,
Mr. Miller of Florida,
Mr. McKeon,
Mr. Nunes,
Mr. Duncan of South Carolina,
Mr. Amodei,
Mr. Diaz-Balart,
Mr. Walz, Mr. Southerland, Mr.
Farr, Mr. Thompson of
California, Mr. Vargas,
Ms. Gabbard, and
Mr. Valadao) introduced the following
bill; which was referred to the Committee
on Armed Services
A BILL
To amend title 10, United States Code, to authorize the
enlistment in the Armed Forces of certain aliens who are unlawfully present in
the United States and were younger than 15 years of age when they initially
entered the United States, but who are otherwise qualified for enlistment, and
to provide a mechanism by which such aliens, by reason of their honorable
service in the Armed Forces, may be lawfully admitted to the United States for
permanent residence.
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
“Encourage New Legalized Immigrants to
Start Training Act” or “ENLIST Act”.
SEC. 2. Authority to
enlist in the Armed Forces certain aliens who are unlawfully present in the
United States and legal status of such enlistees by reason of honorable service
in the Armed Forces.
(a) Certain aliens
authorized for enlistment.—Subsection (b)(1) of section 504 of title
10, United States Code, is amended by adding at the end the following new
subparagraph:
“(D) An
alien who was unlawfully present in the United States on December 31, 2011, who
has been continuously present in the United States since that date, who was
younger than 15 years of age on the date the alien initially entered the United
States, and who, disregarding such unlawful status, is otherwise eligible for
original enlistment in a regular component of the Army, Navy, Air Force, Marine
Corps, or Coast Guard under section 505(a) of this title and regulations issued
to implement such
section.”.
(b) Conditional
Admission to Permanent Residence of Alien Enlistees.—Such section
is further amended by adding at the end the following new subsection:
“(c) Conditional
admission to permanent residence of alien enlistees.—(1) The Secretary of Homeland Security shall
adjust the status of an alien described in subsection (b)(1)(D) who enlists in
a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard
to the status of an alien lawfully admitted for permanent residence under the
provisions of section 249 of the Immigration and Nationality Act (8 U.S.C.
1259), except that the alien does not have to—
“(A) establish that he or she entered the
United States prior to January 1, 1972; or
“(2) The lawful permanent resident status of an
alien described in subsection (b)(1)(D) who enlisted in a regular component of
the armed forces and whose status was adjusted under paragraph (1) is
automatically rescinded, by operation of law, if the alien is separated from
the armed forces under other than honorable conditions before the alien serves
the term of enlistment of such alien. Such grounds for rescission are in
addition to any other grounds for rescission provided by law. Proof of
separation from the armed forces under other than honorable conditions shall be
established by a duly authenticated certification from the armed force in which
the alien last served.
“(3) Nothing in this subsection shall be
construed to alter—
“(A) the process prescribed by sections
328, 329, and 329A of the Immigration and Nationality Act (8 U.S.C. 1439, 1440,
1440–1) by which a person may naturalize through service in the armed forces;
or
“(B) the qualifications for original enlistment
in the armed forces described in section 505(a) of this title and regulations
issued to implement such
section.”.