[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3400 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3400

 To amend title 10, United States Code, to authorize the enlistment in 
 the Armed Forces of certain aliens who are unlawfully present in the 
United States and were younger than 15 years of age when they initially 
    entered the United States, but who are otherwise qualified for 
enlistment, and to provide a mechanism by which such aliens, by reason 
    of their honorable service in the Armed Forces, may be lawfully 
         admitted to the United States for permanent residence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2019

Mr. Harder of California (for himself, Mr. Diaz-Balart, Mrs. Radewagen, 
Mr. Stewart, Mr. DeFazio, Mrs. Torres of California, Mr. Soto, Mr. Ted 
  Lieu of California, Mr. Bishop of Georgia, Mr. Krishnamoorthi, Ms. 
   Frankel, Mr. Engel, Mrs. Davis of California, Mr. Connolly, Mrs. 
 Dingell, Mr. Costa, Ms. Blunt Rochester, Mr. Lipinski, and Mr. Bera) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to authorize the enlistment in 
 the Armed Forces of certain aliens who are unlawfully present in the 
United States and were younger than 15 years of age when they initially 
    entered the United States, but who are otherwise qualified for 
enlistment, and to provide a mechanism by which such aliens, by reason 
    of their honorable service in the Armed Forces, may be lawfully 
         admitted to the United States for permanent residence.

    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 ``Encourage New Legalized Immigrants 
to Start Training Act'' or the ``ENLIST Act''.

SEC. 2. AUTHORITY TO ENLIST IN THE ARMED FORCES CERTAIN ALIENS WHO ARE 
              UNLAWFULLY PRESENT IN THE UNITED STATES AND LEGAL STATUS 
              OF SUCH ENLISTEES BY REASON OF HONORABLE SERVICE IN THE 
              ARMED FORCES.

    (a) Certain Aliens Authorized for Enlistment.--Section 504(b)(1) of 
title 10, United States Code, is amended by adding at the end the 
following new subparagraph:
                    ``(D) An alien who was unlawfully present in the 
                United States on December 31, 2012, who has been 
                continuously present in the United States since that 
                date, who was younger than 15 years of age on the date 
                the alien initially entered the United States, and who, 
                disregarding such unlawful status, is otherwise 
                eligible for original enlistment in a regular component 
                of the Army, Navy, Air Force, Marine Corps, or Coast 
                Guard under section 505(a) of this title and 
                regulations issued to implement such section.''.
    (b) Conditional Admission to Permanent Residence of Alien 
Enlistees.--Section 504 of title 10, United States Code, is further 
amended by adding at the end the following new subsection:
    ``(c) Conditional Admission to Permanent Residence of Alien 
Enlistees.--(1) The Secretary of Homeland Security shall adjust the 
status of an alien described in subsection (b)(1)(D) who enlists in a 
regular component of the Army, Navy, Air Force, Marine Corps, or Coast 
Guard to the status of an alien lawfully admitted for permanent 
residence under the provisions of section 249 of the Immigration and 
Nationality Act (8 U.S.C. 1259), except that the alien does not have 
to--
            ``(A) establish that he or she entered the United States 
        prior to January 1, 1972; or
            ``(B) comply with section 212(e) of such Act (8 U.S.C. 
        1182(e)).
    ``(2) The lawful permanent resident status of an alien described in 
subsection (b)(1)(D) who enlisted in a regular component of the Armed 
Forces and whose status was adjusted under paragraph (1) is 
automatically rescinded, by operation of law, if the alien is separated 
from the Armed Forces under other than honorable conditions before the 
alien serves the term of enlistment of such alien. Such grounds for 
rescission are in addition to any other grounds for rescission provided 
by law. Proof of separation from the Armed Forces under other than 
honorable conditions shall be established by a duly authenticated 
certification from the Armed Force in which the alien last served.
    ``(3) Nothing in this subsection shall be construed to alter--
            ``(A) the process prescribed by sections 328, 329, and 329A 
        of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 
        1440-1) by which a person may naturalize through service in the 
        Armed Forces; or
            ``(B) the qualifications for original enlistment in the 
        armed forces described in section 505(a) of this title and 
        regulations issued to implement such section.''.
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