[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5710 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5710

To amend title 10, United States Code, to prevent unlawful aliens from 
  enlisting in the United States Armed Forces, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2016

 Mr. Gosar (for himself, Mr. Babin, Mr. Brat, Mr. Barletta, Mr. Brooks 
of Alabama, Mr. DesJarlais, Mr. Fleming, Mr. Gohmert, Mr. Grothman, Mr. 
  Harris, Mr. Jones, Mr. King of Iowa, Mr. McClintock, Mr. Miller of 
Florida, Mr. Olson, Mr. Palazzo, Mr. Sessions, Mr. Smith of Texas, Mr. 
Weber of Texas, and Mr. Yoho) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to prevent unlawful aliens from 
  enlisting in the United States 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 ``Military Amnesty Prevention Act''.

SEC. 2. FINDING; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The Undersecretary of Defense for Personnel and 
        Readiness signed a memorandum entitled ``Military Accessions 
        Vital to the National Interest Program Changes'' and dated 
        September 25, 2014.
            (2) The September 25, 2014, memorandum unlawfully expanded 
        eligibility in the Military Accessions Vital to the National 
        Interest (MAVNI) pilot program to include unlawful aliens.
            (3) Prior to this memo, the Department of Defense never 
        attempted to enlist aliens granted deferred action by the 
        Department of Homeland Security pursuant to the memorandum of 
        the Secretary of Homeland Security entitled ``Exercising 
        Prosecutorial Discretion with Respect to Individuals Who Came 
        to the United States as Children'' and dated June 15, 2012.
            (4) Department of Defense enlistment rules prohibit 
        unlawful aliens from enlisting in the Armed Forces.
            (5) MAVNI is a military pilot program intended for lawful 
        immigrants and lawful nonimmigrants initially approved by the 
        Department of Defense in 2008.
            (6) The Department of Defense has stated that the authority 
        for the MAVNI program is found in section 504(b)(2) of title 
        10, United States Code.
            (7) MAVNI was intended to be a one-year pilot program and 
        initially began with a cap of 1,000 recruits for all branches 
        of the Armed Forces.
            (8) The pilot program expired on December 21, 2009.
            (9) On August 17, 2010, the Department of Defense issued 
        guidance extending MAVNI through December 31, 2011.
            (10) However, in order to assure the safety and security of 
        Department of Defense personnel, equipment, and operations, 
        implementation of the August 17, 2010, guidance was delayed 
        until the Deputy Secretary of Defense issued a memorandum 
        entitled ``Reinstatement of Military Accessions Vital to 
        National Interest Pilot Program'' and dated May 16, 2012.
            (11) The May 16, 2012, memorandum extended the pilot 
        program for two years and increased the cap for the pilot 
        program to 1,500 recruits for all branches of the Armed Forces.
            (12) As a result of a request from the Army, the Department 
        of Defense in March of 2015 increased the cap for MAVNI to 
        3,000 recruits for all branches of the Armed Forces for fiscal 
        year 2015 and 5,200 recruits for all branches of the Armed 
        Forces for fiscal year 2016.
            (13) The Department of Defense relies on the United States 
        Citizenship and Immigration Services (USCIS) to validate 
        ``self-declared'' recruits and documents for unlawful aliens 
        participating in MAVNI.
            (14) In fiscal year 2015, every branch of the Armed 
        Services met their enlistment goal. In fact, the Army, Navy, 
        Air Force, and Marine Corps have all met their enlistment goals 
        every year since 2003, with the exception of one branch missing 
        its target in 2006.
            (15) In recent years, approximately 80 percent of 
        individuals who have sought to enlist in the Armed Forces have 
        been rejected.
            (16) There is currently no shortage of qualified applicants 
        for service in the Armed Forces, and the Department of Defense 
        is in the midst of eliminating 160,000 uniformed personnel 
        positions over a nine-year period.
            (17) MAVNI is a pilot program created by the executive 
        branch that allows participants to receive United States 
        citizenship after one day of wartime service.
            (18) The Department of Defense has stated the agency's 
        intent to renew the MAVNI program pending a reevaluation and 
        final decision.
            (19) The changes to the program that allowed unlawful 
        aliens to be eligible for enlistment were never authorized by 
        Congress.
            (20) Article I, section 8, clause 4 of the United States 
        Constitution grants Congress exclusive jurisdiction with regard 
        to United States citizenship and immigration matters.
    (b) Purpose.--It is the purpose of this Act to prevent amnesty 
within the Department of Defense by amending section 504(b)(2) of title 
10, United States Code, to ensure that unlawful aliens are not eligible 
to enlist in the Armed Forces.

SEC. 3. ADMISSION AND LAWFUL STATUS REQUIRED FOR ELIGIBILITY TO ENLIST 
              IN THE UNITED STATES ARMED FORCES.

    Paragraph (2) of section 504(b) of title 10, United States Code, is 
amended to read as follows:
    ``(2) Notwithstanding paragraph (1), the Secretary concerned may 
authorize the enlistment of a person not described in such paragraph if 
the Secretary determines that--
            ``(A) the person is an alien in a lawful immigration status 
        who was admitted and inspected pursuant to the immigration 
        laws, as defined in section 101(a)(17) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(17)); and
            ``(B) the enlistment of the alien is vital to the national 
        interest.''.
                                 <all>