Repatriate Our Patriots Act
This bill prohibits a special veteran from being removed from the United States.
A special veteran: (1) is an alien veteran who was discharged or released from military service under conditions other than dishonorable; (2) includes only an honorably discharged or released individual; and (3) excludes an individual convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or terrorism-related offenses or an individual determined to be a child abuser or a pedophile.
DHS: (1) shall process naturalization applications for special veterans within 90 days; and (2) may permit special veterans to file naturalization applications from abroad and take the oath of allegiance at U.S. embassies, consulates, and military installations.
DHS shall: (1) cancel the removal of a special veteran in removal proceedings, and (2) allow a special veteran whose permanent resident status was rescinded to adjust back to such status.
The Department of Justice, in the case of a special veteran who was ordered removed, shall rescind any outstanding order of removal and any finding that the individual is subject to removal or is inadmissible.
DHS shall create a program to allow a special veteran who was removed to return to the United States as a lawfully admitted permanent resident.
A special veteran who has been naturalized or who has obtained lawful permanent resident status pursuant to this bill shall be eligible for all military and veterans benefits for which such individual would have been eligible otherwise.
DHS shall identify and maintain records of immigration cases involving special veterans.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3429 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3429
To prohibit the removal from the United States of certain veterans, to
expedite their naturalization, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2017
Mr. Gonzalez of Texas (for himself, Mr. O'Rourke, and Mr. Young of
Alaska) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Armed
Services, and Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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 (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, consulates, and, as
practicable, United States military installations overseas pursuant to
the procedures available under section 1701(d) of the National Defense
Authorization Act for Fiscal Year 2004 (8 U.S.C. 1443a) for
naturalization proceedings overseas for members of the Armed Forces and
their spouses and children.
(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. ACCESS TO MILITARY BENEFITS.
A special veteran who has been naturalized or has obtained the
status of an alien lawfully admitted for permanent residence pursuant
to this Act shall be eligible for all military and veterans benefits
for which the special veteran would have been eligible if the special
veteran had never been ordered removed, been removed, or voluntarily
departed, from the United States.
SEC. 8. 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Immigration and Border Security.
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