Repatriate Our Patriots Act

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1078 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1078

To prohibit the removal from the United States of certain veterans, to 
         expedite their naturalization, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2019

   Mr. Gonzalez of Texas (for himself and Mr. Young) 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 Act (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.
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