Kerrie Orozco Act

Kerrie Orozco Act

This bill amends the Immigration and Nationality Act to declare that the following persons may be naturalized upon compliance with all naturalization requirements, except that no prior residence or specified physical presence within the United States shall be required:

• a person who is the surviving spouse, child, or parent of a U.S. citizen who died as a result of injury or disease incurred in or aggravated by employment as a first responder; and
• in the case of such a surviving spouse, the person was living in marital union with the citizen spouse at the time of the citizen spouse's death.

The Department of Homeland Security shall provide for the granting of posthumous citizenship at the time of death to a person who, while an alien or a noncitizen national of the United States, died as a result of injury or disease incurred or aggravated while serving as a first responder.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3159 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3159

 To amend the Immigration and Nationality Act to provide for expedited 
naturalization processes for the alien spouses of first responders who 
      die as a result of their employment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2015

Mr. Ashford (for himself and Mr. Fortenberry) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to provide for expedited 
naturalization processes for the alien spouses of first responders who 
      die as a result of their employment, 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 ``Kerrie Orozco Act''.

SEC. 2. EXPEDITED NATURALIZATION FOR SPOUSES OF FIRST RESPONDERS.

    Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) 
is amended by adding at the end the following:
    ``(f) Spouses of First Responders.--
            ``(1) In general.--Any person who is the surviving spouse, 
        child, or parent of a United States citizen, whose citizen 
        spouse, parent, or child dies as a result of injury or disease 
        incurred in or aggravated by employment as a first responder, 
        and who, in the case of a surviving spouse, was living in 
        marital union with the citizen spouse at the time of his death, 
        may be naturalized upon compliance with all the requirements of 
        this title except that no prior residence or specified physical 
        presence within the United States shall be required.
            ``(2) Definition.--For purposes of this subsection--
                    ``(A) the term `first responder' includes law 
                enforcement officers, firefighters, and emergency 
                medical personnel; and
                    ``(B) the terms `United States citizen' and 
                `citizen spouse' include a person granted posthumous 
                citizenship under section 329B.''.

SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE SERVING AS A FIRST 
              RESPONDER.

    Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et 
seq.) is amended by inserting after section 329A the following:

``SEC. 329B. POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE SERVING AS A 
              FIRST RESPONDER.

    ``(a) Permitting Granting of Posthumous Citizenship.--
Notwithstanding any other provision of this title, the Secretary of 
Homeland Security shall provide, in accordance with this section, for 
the granting of posthumous citizenship at the time of death to a person 
described in subsection (b) if the Secretary of Homeland Security 
approves an application for that posthumous citizenship under 
subsection (c).
    ``(b) Noncitizens Eligible for Posthumous Citizenship.--A person 
referred to in subsection (a) is a person who, while an alien or a 
noncitizen national of the United States--
            ``(1) was employed as a first responder (as such term is 
        defined in section 319(f)); and
            ``(2) died as a result of injury or disease incurred in or 
        aggravated by that employment.
The chief officer of the entity that employed the person shall 
determine whether the person satisfied the requirements of paragraphs 
(1) and (2).
    ``(c) Requests for Posthumous Citizenship.--
            ``(1) In general.--A request for the granting of posthumous 
        citizenship to a person described in subsection (b) may be 
        filed on behalf of that person--
                    ``(A) upon locating the next-of-kin, and if so 
                requested by the next-of-kin, by the Director of United 
                States Citizenship and Immigration Services immediately 
                upon the death of that person; or
                    ``(B) by the next-of-kin.
            ``(2) Approval.--The Director of United States Citizenship 
        and Immigration Services shall approve a request for posthumous 
        citizenship filed by the next-of-kin in accordance with 
        paragraph (1)(B) if--
                    ``(A) the request is filed not later than 2 years 
                after--
                            ``(i) the date of enactment of this 
                        section; or
                            ``(ii) the date of the person's death; 
                        whichever date is later; and
                    ``(B) the request is accompanied by a duly 
                authenticated certificate from the chief officer of the 
                entity that employed the person which states that the 
                person satisfied the requirements of paragraphs (1) and 
                (2) of subsection (b).
    ``(d) Documentation of Posthumous Citizenship.--If the Director of 
the Bureau of Citizenship and Immigration Services approves the request 
referred to in subsection (c), the Director shall send to the next-of-
kin of the person who is granted citizenship, a suitable document which 
states that the United States considers the person to have been a 
citizen of the United States at the time of the person's death.''.
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