Veteran Service Recognition Act of 2023
This bill addresses immigration-related issues pertaining to noncitizen (or non-U.S. national) military veterans, including by authorizing the Department of Homeland Security (DHS) to provide lawful permanent resident status to a veteran who is subject to removal.
If a noncitizen veteran appears to be eligible for lawful permanent resident status under this bill, that veteran must receive a reasonable opportunity to apply for such status and may not be removed until there is a final administrative decision on the veteran's eligibility.
For the purposes of providing such status under this bill, DHS may waive any applicable grounds of inadmissibility, except for certain crime- or security-related grounds.
The bill also extends certain deadlines relating to obtaining citizenship after serving in the Armed Forces.
DHS must create a system for identifying noncitizens who are or may be veterans. Before initiating removal proceedings against a noncitizen, DHS must attempt to determine whether the noncitizen is a veteran. DHS must ensure that veteran status is considered in immigration proceedings.
Additionally, the bill
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4569 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4569
To provide benefits for noncitizen members of the Armed Forces, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2023
Mr. Takano (for himself, Ms. Lofgren, Mr. Nadler, Mr. Correa, Mr.
Vargas, Mr. Ruiz, Ms. Salazar, and Mrs. Radewagen) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Veterans' Affairs, and Armed
Services, 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 provide benefits for noncitizen members of the Armed Forces, 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 ``Veteran Service Recognition Act of
2023''.
SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED FROM THE UNITED
STATES.
(a) Study Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Veterans Affairs shall jointly
carry out a study on noncitizen veterans and noncitizen former members
of the Armed Forces who were removed from the United States during the
period beginning on January 1, 1990, and ending on the date of the
enactment of this Act, which shall include the following:
(1) The number of noncitizens removed by U.S. Immigration
and Customs Enforcement or the Immigration and Naturalization
Service during the period covered by the report who served in
the Armed Forces for an aggregate period of more than 180 days.
(2) For each noncitizen described in paragraph (1)--
(A) the country of nationality or last habitual
residence of the noncitizen;
(B) the total length of time the noncitizen served
as a member of the Armed Forces;
(C) each ground on which the noncitizen was ordered
removed under section 237(a) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)) or section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)),
as applicable; and
(D) whether the noncitizen appealed the removal
order to the Board of Immigration Appeals.
(3) Each of the following enumerations:
(A) The number of noncitizens described in
paragraph (1) who were discharged or released from
service under honorable conditions.
(B) The number of noncitizens described in
paragraph (1) who were discharged or released from
service under other than honorable conditions.
(C) The number of noncitizens described in
paragraph (1) who were deployed overseas.
(D) The number of noncitizens described in
paragraph (1) who served on active duty in the Armed
Forces in an overseas contingency operation.
(E) The number of noncitizens described in
paragraph (1) who were awarded decorations or medals.
(F) The number of noncitizens described in
paragraph (1) who applied for benefits under laws
administered by the Secretary of Veterans Affairs.
(G) The number of noncitizens described in
paragraph (1) who receive benefits described in
subparagraph (F).
(4) A description of the reasons preventing any of the
noncitizens who applied for benefits described in paragraph
(3)(F) from receiving such benefits.
(b) Report.--Not later than 90 days after the date of the
completion of the study required under subsection (a), the Secretary of
Defense, the Secretary of Homeland Security, and the Secretary of
Veterans Affairs shall jointly submit a report containing the results
of such study to the appropriate congressional committees.
SEC. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO REMOVAL.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
create--
(1) a protocol for identifying noncitizens who are or may
be veterans; and
(2) a system for maintaining information about noncitizen
veterans identified pursuant to the protocol created under
paragraph (1) and information provided by the Under Secretary
of Defense for Personnel and Readiness under section 4(d).
(b) Information Sharing.--The system shall be shared across all
components of the Department of Homeland Security, including
Enforcement and Removal Operations, the Office of the Principal Legal
Advisor, Homeland Security Investigations, and the Military Family
Immigration Advisory Committee.
(c) Consideration of Veteran Status.--The Secretary of Homeland
Security shall ensure that, in the case of any noncitizen veteran who
is potentially removable, and in any removal proceeding against such a
noncitizen veteran, information available under this system is taken
into consideration, including for purposes of any adjudication on the
immigration status of such veteran.
(d) Use of System Required.--The Secretary of Homeland Security may
not initiate removal proceedings against an individual prior to using
the system established under subsection (a) to attempt to determine
whether the individual is a veteran. If the Secretary of Homeland
Security determines that such an individual is or may be a veteran, the
Secretary shall notify the Military Family Immigration Advisory
Committee concurrently upon initiating removal proceedings against such
individual.
(e) Training.--Beginning in the first fiscal year that begins after
the Secretary of Homeland Security completes the requirements under
subsection (a), personnel of U.S. Immigration and Customs Enforcement
shall participate, on an annual basis, in a training on the protocol
developed under this section.
SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish an advisory committee, to be known as the ``Military Family
Immigration Advisory Committee'', to provide recommendations to the
Secretary of Homeland Security on the exercise of discretion in any
case involving removal proceedings for--
(1) a member of the Armed Forces;
(2) a veteran; or
(3) a covered family member.
(b) Membership.--The Advisory Committee shall be composed of 9
members, appointed by the Secretary of Homeland Security.
(c) Case Reviews.--
(1) In general.--Not later than 30 days after the Advisory
Committee identifies or is notified about the case of an
individual described in subsection (a), the Advisory Committee
shall meet to review the case and to provide a written
recommendation to the Secretary of Homeland Security on
whether--
(A) an exercise of discretion is warranted,
including--
(i) termination of removal proceedings;
(ii) parole;
(iii) deferred action;
(iv) a stay of removal;
(v) administrative closure; or
(vi) authorization to apply for any other
form of relief; or
(B) to continue seeking the removal of such
individual.
(2) Submission of information.--An individual who is the
subject of a case review under paragraph (1) may submit
information to the Advisory Committee, and the Advisory
Committee shall consider such information.
(3) Procedures.--In conducting each case review under
paragraph (1), the Advisory Committee shall consider, as
factors weighing in favor of a recommendation under paragraph
(1)(A)--
(A) with respect to a member of the Armed Forces,
whether the individual--
(i) was an enlisted member or officer of
the Armed Forces;
(ii) received a medal or decoration, was
deployed, or was otherwise evaluated for merit
in service during his or her service in the
Armed Forces;
(iii) is a national of a country that
prohibits repatriation of an individual after
any service in the Armed Forces; or
(iv) contributed to his or her local
community during his or her service in the
Armed Forces;
(B) with respect to a veteran, whether the
individual--
(i) was an enlisted member or officer of
the Armed Forces;
(ii) completed a period of service in the
Armed Forces and was discharged under
conditions other than dishonorable;
(iii) received a medal or decoration, was
deployed, or was otherwise evaluated for merit
in service during his or her service in the
Armed Forces;
(iv) is a national of a country that
prohibits repatriation of an individual after
any service in the Armed Forces of another
country; or
(v) contributed to his or her local
community during or after his or her service in
the Armed Forces; and
(C) with respect to a covered family member,
whether the individual--
(i) supported a member of the Armed Forces
serving on active duty or a veteran, including
through financial support, emotional support,
or caregiving; or
(ii) contributed to his or her local
community during or after the military service
of the member or of the veteran.
(4) Precluding factor.--In conducting each case review
under paragraph (1), the Advisory Committee shall consider, as
a factor requiring a recommendation under paragraph (1)(B),
whether the member of the Armed Forces, veteran, or covered
family member has been convicted of 5 offenses for driving
while intoxicated (including a conviction under the influence
of or impaired by alcohol or drugs), unless the conviction is
older than 25 years.
(d) Briefings on Noncitizen Veterans.--The Under Secretary of
Defense for Personnel and Readiness shall provide detailed briefings to
the Advisory Committee regarding the service of a noncitizen veteran
when that individual's case is being considered by the Advisory
Committee.
(e) Briefings on Actions in Response to Recommendations.--Not less
frequently than quarterly, the Secretary of Homeland Security shall
provide detailed briefings to the Advisory Committee regarding actions
taken in response to the recommendations of the Advisory Committee,
including detailed explanations for any cases in which a recommendation
of the Advisory Committee was not followed.
(f) Transfer of Case Files.--For any individual with respect to
whom the Advisory Committee is conducting a case review under this
section, the Secretary of Defense and Secretary of Homeland Security
shall provide to the Advisory Committee a copy of any available record
pertaining to that individual, including such individual's alien file,
that is relevant to the case review.
(g) Limitation on Removal.--Notwithstanding any other provision of
law, an individual described in subsection (a) may not be ordered
removed until the Advisory Committee has provided a recommendation with
respect to that individual to the Secretary of Homeland Security.
(h) Limitation on Eligibility for Case Review.--An individual who
is inadmissible based on a conviction of an aggravated felony described
in subparagraph (A) of section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) shall be ineligible for a case
review under this section.
SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.
(a) In General.--
(1) Program established.--The Secretary of Homeland
Security, acting through the Director of U.S. Citizenship and
Immigration Services, and in coordination with the Secretary of
Defense, shall jointly implement a program to ensure that--
(A) each eligible noncitizen is afforded the
opportunity to file an application for naturalization
at any point on or after the first day of service on
active duty or first day of service as a member of the
Selected Reserve pursuant to section 329 of the
Immigration and Nationality Act (8 U.S.C. 1440); and
(B) the duly authenticated certification (or any
other successor form) required under section 329(b)(3)
of the Immigration and Nationality Act (8 U.S.C.
1140(b)(3)) is issued to each noncitizen not later than
30 days after the individual makes a request for such
certification.
(2) Eligible noncitizen.--For purposes of this subsection,
the term ``eligible noncitizen'' means a noncitizen who serves
or has served in the Armed Forces of the United States during
any period that the President by Executive order designates as
a period during which the Armed Forces of the United States are
or were engaged in military operations involving armed conflict
with a hostile foreign force.
(b) JAG Training.--The Secretary of Defense shall ensure that
appropriate members of the Judge Advocate General Corps of each Armed
Force receive training to function as liaisons with U.S. Citizenship
and Immigration Services with respect to applications for citizenship
of noncitizen members of the Armed Forces.
(c) Training for Recruiters.--The Secretary of Defense shall ensure
that all recruiters in the Armed Forces receive training regarding--
(1) the steps required for a noncitizen member of the Armed
Forces to receive citizenship;
(2) limitations on the path to citizenship for family
members of such individuals; and
(3) points of contact at the Department of Homeland
Security to resolve emergency immigration-related situations
with respect to such individuals and their family members.
(d) Annual Reports.--The Secretary of each military department
shall annually submit to the appropriate congressional committees a
report on the number of all noncitizens who enlisted or were appointed
in the military department concerned, all members of the Armed Forces
in their department who naturalized, and all members of the Armed
Forces in their department who were discharged or released without
United States citizenship under the jurisdiction of such Secretary
during the preceding year.
(e) Further Facilitation Naturalization for Military Personnel in
Contingency Operations.--Any person who has served honorably as a
member of the Armed Forces of the United States in support of a
contingency operation (as defined in section 101(a)(13) of title 10,
United States Code), and who, if separated from the Armed Forces, was
separated under honorable conditions, may be naturalized as provided in
section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as
though the person had served during a period designated by the
President under such section.
(f) Naturalization Through Service in the Armed Forces of the
United States.--Section 328 of the Immigration and Nationality Act (8
U.S.C. 1439) is amended--
(1) in subsection (a), by striking ``six months'' and
inserting ``one year''; and
(2) in subsection (d), by striking ``six months'' and
inserting ``one year''.
SEC. 6. INFORMATION FOR MILITARY RECRUITS REGARDING NATURALIZATION
THROUGH SERVICE IN THE ARMED FORCES.
The Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall ensure that there is stationed or employed at
each Military Entrance Processing Station--
(1) an employee of U.S. Citizenship and Immigration
Services; or
(2) in the case that the Secretary determines that it is
impracticable to station or employ a person described in
paragraph (1) at a Military Entrance Processing Station, a
member of the Armed Forces or an employee of the Department of
Defense--
(A) whom the Secretary determines is trained in the
immigration laws; and
(B) who shall inform each military recruit who is
not a citizen of the United States processed at such
Military Entrance Processing Station regarding
naturalization through service in the Armed Forces
under sections 328 and 329 of the Immigration and
Nationality Act (8 U.S.C. 1439-1440).
SEC. 7. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES;
ADJUSTMENT OF STATUS.
(a) Eligible Veterans.--In the case of a noncitizen who has been
issued a final order of removal, the Secretary of Homeland Security,
may, notwithstanding such order of removal, adjust that noncitizen's
status to that of an alien lawfully admitted for permanent residence,
or admit such noncitizen for lawful permanent residence if the
Secretary determines that such noncitizen is a veteran and, consistent
with subsection (b), is not inadmissible.
(b) Waiver.--
(1) Authority.--In the case of a noncitizen veteran
described in subsection (a), the Secretary of Homeland Security
may waive any applicable ground of inadmissibility under
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) (other than paragraphs (3) and (2)(H) of such section
212(a), a finding of inadmissibility under paragraph (2)(A)
based on a conviction of an aggravated felony described in
subparagraph (A), (I), or (K) of section 101(a)(43) (8 U.S.C.
1101(a)(43)), or 5 convictions for driving while intoxicated
(including a conviction for driving while under the influence
of or imparied by alcohol or drugs) unless the conviction is
older than 25 years, if the Secretary determines that it is in
the public interest.
(2) Public interest considerations.--In determining whether
a waiver described in paragraph (1) is in the public interest,
the Secretary of Homeland Security shall consider factors
including the noncitizen's service in the Armed Forces, and the
recency and severity of any offense or conduct that forms the
basis of a finding of inadmissibility under section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(c) Procedures.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall, by
rule, establish procedures to carry out this section.
(d) No Numerical Limitations.--Individuals who are granted lawful
permanent residence under this section shall not be subject to the
numerical limitations under section 201, 202, or 203 of the Immigration
and Nationality Act (8 U.S.C. 1151, 1152, or 1153).
(e) Clarification.--If a noncitizen veteran's status is adjusted
under this section to that of an alien lawfully admitted for permanent
residence, or if such noncitizen is lawfully admitted for permanent
residence, such adjustment or admission shall create a presumption that
the noncitizen has established good moral character under paragraphs
(1) through (8) of section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)).
(f) Limitation on Removal.--
(1) In general.--A noncitizen who appears to be prima facie
eligible for lawful permanent resident status under this
section shall be given a reasonable opportunity to apply for
such status. Such noncitizen shall not be removed from the
United States until a final administrative decision
establishing ineligibility for such status is rendered.
(2) Effect of final order.--A noncitizen present in the
United States who has been ordered removed or has been
permitted to depart voluntarily from the United States may,
notwithstanding such order or permission to depart, apply for
lawful permanent resident status under this section. Such
noncitizen shall not be required to file a separate motion to
reopen, reconsider, or vacate the order of removal. If the
Secretary of Homeland Security approves the application, the
Secretary shall notify the Attorney General of such approval,
and the Attorney General shall cancel the order of removal. If
the Secretary renders a final administrative decision to deny
the application, the order of removal or permission to depart
shall be effective and enforceable to the same extent as if the
application had not been made, only after all available
administrative and judicial remedies have been exhausted.
SEC. 8. ADJUSTMENT OF STATUS FOR CERTAIN IMMEDIATE RELATIVES OF UNITED
STATES CITIZEN SERVICE MEMBERS OR VETERANS.
(a) In General.--For purposes of an application for adjustment of
status pursuant to an approved petition for classification under
section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)), an alien described in subsection (b)--
(1) is be deemed to have been inspected and admitted into
the United States; and
(2) shall not be subject to paragraphs (6)(A), (6)(C),
(7)(A), and (9) of section 212(a) of such Act (8 U.S.C.
1182(a)).
(b) Alien Described.--An alien is described in subsection (a) if
the alien is the beneficiary of an approved petition for classification
under section 204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)) as an immediate relative (as defined in section
201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i))) of a citizen
of the United States who--
(1) served, for a minimum of 2 years, on active duty in the
Armed Forces or in a reserve component of the United States
Armed Forces; and
(2) if discharged or released from service in the Armed
Forces, was discharged or released under honorable conditions.
SEC. 9. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Military Family Immigration Advisory Committee
established pursuant to section 4.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Veterans' Affairs of the
Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on the Judiciary of the House of
Representatives; and
(H) the Committee on Veterans' Affairs of the House
of Representatives.
(3) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of title
10, United States Code.
(4) Covered family member.--The term ``covered family
member'' means the noncitizen spouse or noncitizen child of--
(A) a member of the Armed Forces; or
(B) a veteran.
(5) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(6) Noncitizen.--The term ``noncitizen'' means an
individual who is not a citizen or national of the United
States (as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))).
(7) Veteran.--The term ``veteran'' has the meaning given
such term in section 101 of title 38, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Veterans' Affairs, and Armed Services, 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 Veterans' Affairs, and Armed Services, 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 Veterans' Affairs, and Armed Services, 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.
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