[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1704 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1704

 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 SENATE OF THE UNITED STATES

                             August 2, 2017

 Ms. Duckworth introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 
2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Crime of violence.--The term ``crime of violence'' 
        means an offense defined in section 16 of title 18, United 
        States Code--
                    (A) that is not a purely political offense; and
                    (B) for which the noncitizen has served a term of 
                imprisonment of at least 5 years.
            (2) Deported veteran.--The term ``deported veteran'' means 
        a veteran who--
                    (A) is a noncitizen; and
                    (B)(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)).
            (3) Noncitizen.--The term ``noncitizen'' means an 
        individual who is not a national of the United States, as 
        defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Service member.--The term ``service member'' means an 
        individual who is serving as--
                    (A) a member of a regular or reserve component of 
                the Armed Forces of the United States on active duty; 
                or
                    (B) a member of a reserve component of the Armed 
                Forces in an active status.
            (6) Veteran.--The term ``veteran'' has the meaning given 
        such term under section 101(2) of title 38, United States Code.

SEC. 3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES; 
              STATUS FOR NONCITIZEN VETERANS IN THE UNITED STATES.

    (a) In General.--
            (1) Duties of secretary.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall--
                    (A) establish a program and application procedure 
                to permit--
                            (i) a deported veteran who meets each 
                        requirement under subsection (b) to enter the 
                        United States as an alien lawfully admitted for 
                        permanent residence; and
                            (ii) a noncitizen veteran in the United 
                        States who meets each requirement under 
                        subsection (b) to adjust status to that of an 
                        alien lawfully admitted for permanent 
                        residence; and
                    (B) cancel the removal of any noncitizen veteran 
                ordered removed who meets each requirement under 
                subsection (b) and allow the noncitizen veteran to 
                adjust status to that of an alien lawfully admitted for 
                permanent residence.
            (2) 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 paragraph (1).
    (b) Eligibility.--
            (1) In general.--Notwithstanding any other provision of 
        law, including sections 212 and 237 of the Immigration and 
        Nationality Act (8 U.S.C. 1182 and 1227), a veteran shall be 
        eligible to participate in the program established under 
        subsection (a)(1)(A), or for cancellation of removal under 
        subsection (a)(1)(B), if the Secretary determines that the 
        veteran--
                    (A) was not ordered removed, or removed, from the 
                United States due to a criminal conviction for--
                            (i) a crime of violence; or
                            (ii) a crime that endangers the national 
                        security of the United States for which the 
                        noncitizen has served a term of imprisonment of 
                        at least 5 years; and
                    (B) is not inadmissible to, or deportable from, the 
                United States due to a criminal conviction 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) due to exceptional service in the United States 
                Armed Forces; or
                    (D) if such waiver otherwise is in the public 
                interest.

SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS FROM REMOVAL.

    Notwithstanding any other provision of law, including section 237 
of the Immigration and Nationality Act (8 U.S.C. 1227), a noncitizen 
who is a veteran or service member may not be removed from the United 
States unless the noncitizen has a criminal conviction for a crime of 
violence.

SEC. 5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE 
              UNITED STATES.

    An alien who has obtained the status of an alien lawfully admitted 
for permanent residence pursuant to section 3(a) shall be eligible for 
naturalization through service in the Armed Forces of the United States 
under sections 328 and 329 of the Immigration and Nationality Act (8 
U.S.C. 1439 and 1440), except that--
            (1) when determining whether the noncitizen is a person of 
        good moral character, disregard the ground on which the 
        noncitizen was--
                    (A) ordered removed, or was removed, from the 
                United States; or
                    (B) rendered inadmissible to, or deportable from, 
                the United States; and
            (2) any period of absence from the United States due to the 
        noncitizen having been removed, or being inadmissible, shall be 
        disregarded when determining if the noncitizen satisfies any 
        requirement relating to continuous residence or physical 
        presence.

SEC. 6. ACCESS TO MILITARY BENEFITS.

    An alien who has obtained the status of an alien lawfully admitted 
for permanent residence pursuant to section 3(a) shall be eligible for 
all military and veterans benefits for which the noncitizen would have 
been eligible if, from the United States, the noncitizen had never--
     (a) been ordered removed;
    (b) been removed; or
    (c) voluntarily departed.

SEC. 7. IMPLEMENTATION.

    (a) Identification.--The Secretary shall identify cases involving 
any service member or veteran at risk of removal from the United States 
by--
            (1) inquiring of every noncitizen processed prior to 
        initiating a removal proceeding whether the noncitizen is 
        serving, or has served--
                    (A) as a member of a regular or reserve component 
                of the Armed Forces of the United States on active 
                duty; or
                    (B) as a member of a reserve component of the Armed 
                Forces in an active status;
            (2) requiring U.S. Immigration and Customs Enforcement 
        personnel to seek supervisory approval prior to initiating a 
        removal proceeding against a service member or veteran; and
            (3) keeping records of any service member or veteran who 
        has--
                    (A) had removal proceedings initiated against them;
                    (B) been detained; or
                    (C) been removed.
    (b) Record Annotation.--
            (1) In general.--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 noncitizen involved to--
                    (A) reflect that identification; and
                    (B) afford an opportunity to track the outcomes for 
                the noncitizen.
            (2) Annotations.--Each annotation under paragraph (1) shall 
        include--
                    (A) the branch of military service in which each 
                noncitizen served;
                    (B) whether or not 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 each noncitizen at 
                the time of enlistment;
                    (D) whether the noncitizen is serving honorably or 
                was separated under honorable conditions;
                    (E) the basis for which removal was sought; and
                    (F) the crime for which conviction was obtained if 
                the basis for removal was a criminal conviction.

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.
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