Encourage New Legalized Immigrants to Start Training Act or the ENLIST Act - Authorizes the enlistment in the armed forces of aliens unlawfully present in the United States on December 31, 2011, who: (1) have been continuously present in the United States since such date; (2) were younger than 15 years of age when they initially entered the United States; and (3) are otherwise eligible for original enlistment in a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard.
Requires the Secretary of Homeland Security (DHS) to adjust the status of an alien enlisted under such authority to the status of an alien lawfully admitted for permanent residence under provisions of the Immigration and Nationality Act applicable to aliens who entered the United States prior to January 1, 1972.
Rescinds such lawful permanent resident status if the alien is separated from the armed forces under other than honorable conditions before serving the term of enlistment.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2377 Introduced in House (IH)]
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
``(B) comply with section 212(e) of such Act (8 U.S.C.
1182(e)).
``(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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