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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6381 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6381
To require the Secretary of Homeland Security to establish a veterans
visa program to permit veterans who have been removed from the United
States to return as immigrants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2023
Mr. Grijalva (for himself, Mr. McGovern, Ms. Norton, Ms. Jackson Lee,
Ms. Moore of Wisconsin, Ms. Titus, Ms. Schakowsky, Ms. Strickland, Mr.
Carter of Louisiana, Mr. Moulton, Mr. Foster, Mrs. Cherfilus-McCormick,
Mr. Correa, Mr. Green of Texas, Mr. Garcia of Illinois, Mr. Vargas, Mr.
Gomez, and Ms. Lee of California) 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 require the Secretary of Homeland Security to establish a veterans
visa program to permit veterans who have been removed from the United
States to return as immigrants, 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 ``Veterans Visa and Protection Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of title
10, United States Code.
(2) Crime of violence.--The term ``crime of violence''
means an offense defined in section 16(a) of title 18, United
States Code--
(A) that is not a purely political offense; and
(B) for which a noncitizen has served a term of
imprisonment of at least 5 years.
(3) Eligible veteran.--
(A) In general.--The term ``eligible veteran''
means a veteran who--
(i) is a noncitizen; and
(ii) meets the criteria described in
section 3(e).
(B) Inclusion.--The term ``eligible veteran''
includes a veteran who--
(i) was removed from the United States; or
(ii) is abroad and is inadmissible under
section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
(4) 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))).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Service member.--The term ``service member'' means an
individual who is serving as a member of--
(A) a regular or reserve component of the Armed
Forces on active duty; or
(B) a reserve component of the Armed Forces in an
active status.
(7) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
SEC. 3. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES;
ADJUSTMENT OF STATUS.
(a) Program for Admission and Adjustment of Status.--Not later than
180 days after the date of the enactment of this Act, the Secretary
shall establish a program and an application procedure that allows--
(1) eligible veterans outside the United States to be
admitted to the United States as noncitizens lawfully admitted
for permanent residence (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)); and
(2) eligible veterans in the United States to adjust status
to that of noncitizens lawfully admitted for permanent
residence.
(b) Veterans Ordered Removed.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, in the case of noncitizen veterans
who are the subjects of final orders of removal, including
noncitizen veterans who are outside the United States, the
Attorney General shall--
(A) reopen the removal proceedings of each such
noncitizen veteran; and
(B) make a determination with respect to whether
each such noncitizen veteran is an eligible veteran.
(2) Rescission of removal order.--In the case of a
determination under paragraph (1)(B) that a noncitizen veteran
is an eligible veteran, the Attorney General shall--
(A) rescind the order of removal;
(B) adjust the status of the eligible veteran to
that of a noncitizen lawfully admitted for permanent
residence; and
(C) terminate removal proceedings.
(c) Veterans in Removal Proceedings.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, in the case of noncitizen veterans,
the removal proceedings of whom are pending as of the date of
the enactment of this Act, the Attorney General shall make a
determination with respect to whether each such noncitizen
veteran is an eligible veteran.
(2) Termination of proceedings.--In the case of a
determination under paragraph (1) that a noncitizen veteran is
an eligible veteran, the Attorney General shall--
(A) adjust the status of the eligible veteran to
that of a noncitizen lawfully admitted for permanent
residence; and
(B) terminate removal proceedings.
(d) No Numerical Limitations.--Nothing in this section or in any
other law may be construed to apply a numerical limitation on the
number of veterans who may be eligible to receive a benefit under this
section.
(e) Eligibility.--
(1) In general.--Notwithstanding sections 212 and 237 of
the Immigration and Nationality Act (8 U.S.C. 1182 and 1227) or
any other provision of law, a noncitizen veteran shall be
eligible to participate in the program established under
subsection (a) or for adjustment of status under subsection (b)
or (c), as applicable, if the Secretary or the Attorney
General, as applicable, determines that the noncitizen
veteran--
(A) was not removed or ordered removed from the
United States based on a conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national
security of the United States for which the
noncitizen veteran has served a term of
imprisonment of at least 5 years; and
(B) is not inadmissible to, or deportable from, the
United States based on a conviction for a crime
described in subparagraph (A).
(2) Waiver.--The Secretary may waive the application of
paragraph (1)--
(A) for humanitarian purposes;
(B) to ensure family unity;
(C) based on exceptional service in the Armed
Forces; or
(D) if a waiver otherwise is in the public
interest.
SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS FROM REMOVAL.
Notwithstanding section 237 of the Immigration and Nationality Act
(8 U.S.C. 1227) or any other provision of law, a noncitizen who is a
veteran or service member may not be removed from the United States
unless the noncitizen has been convicted for a crime of violence.
SEC. 5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES.
(a) In General.--Subject to subsection (b), a noncitizen who has
obtained the status of a noncitizen lawfully admitted for permanent
residence pursuant to section 3 shall be eligible for naturalization
through service in the Armed Forces under sections 328 and 329 of the
Immigration and Nationality Act (8 U.S.C. 1439 and 1440).
(b) Special Rules.--
(1) Good moral character.--In determining whether a
noncitizen described in subsection (a) is a person of good
moral character, the Secretary shall disregard the one or more
grounds on which the noncitizen was--
(A) removed or ordered removed from the United
States; or
(B) rendered inadmissible to, or deportable from,
the United States.
(2) Periods of absence.--The Secretary shall disregard any
period of absence from the United States of a noncitizen
described in subsection (a) due to the noncitizen having been
removed from, or being inadmissible to, the United States if
the noncitizen satisfies the applicable requirement relating to
continuous residence or physical presence.
SEC. 6. ACCESS TO MILITARY BENEFITS.
A noncitizen who has obtained the status of a noncitizen lawfully
admitted for permanent residence pursuant to section 3 shall be
eligible for all military and veterans benefits for which the
noncitizen would have been eligible had the noncitizen not been ordered
removed from the United States, voluntarily departed the United States,
or rendered inadmissible to, or deportable from, the United States, as
applicable.
SEC. 7. IMPLEMENTATION.
(a) Identification.--The Secretary shall identify noncitizen
service members and veterans at risk of removal from the United States
by--
(1) before initiating a removal proceeding against a
noncitizen, asking the noncitizen whether he or she is serving,
or has served as a member of--
(A) a regular or reserve component of the Armed
Forces on active duty; or
(B) a reserve component of the Armed Forces in an
active status;
(2) requiring U.S. Immigration and Customs Enforcement
personnel to seek supervisory approval before initiating a
removal proceeding against a service member or veteran; and
(3) keeping records of any service member or veteran who
has been--
(A) the subject of a removal proceeding;
(B) detained by the Director of U.S. Immigration
and Customs Enforcement; or
(C) removed from the United States.
(b) Record Annotation.--
(1) In general.--In the case of a noncitizen service member
or veteran identified under subsection (a), the Secretary shall
annotate all immigration and naturalization records of the
Department of Homeland Security relating to the noncitizen--
(A) to reflect that the noncitizen is a service
member or veteran; and
(B) to afford an opportunity to track the outcomes
for the noncitizen.
(2) Contents of annotation.--Each annotation under
paragraph (1) shall include--
(A) the branch of military service in which the
noncitizen is serving, or has served;
(B) whether the noncitizen is serving, or has
served, during a period of military hostilities
described in section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440);
(C) the immigration status of the noncitizen on the
date of enlistment;
(D) whether the noncitizen is serving honorably or
was separated under honorable conditions;
(E) the ground on which removal of the noncitizen
from the United States was sought; and
(F) in the case of a noncitizen the removal
proceedings of whom were initiated on the basis of a
criminal conviction, the crime for which the noncitizen
was convicted.
SEC. 8. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall promulgate regulations to implement this Act.
<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 Health.
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