[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1041 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1041

 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

                             April 4, 2019

 Ms. Duckworth (for herself, Ms. Hirono, Mr. Blumenthal, Mr. Merkley, 
and Mr. Wyden) 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 
2019''.

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 aliens 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 aliens lawfully admitted for permanent residence.
    (b) Veterans Ordered Removed.--
            (1) In general.--With respect to noncitizen veterans who 
        are the subjects of final orders of removal, including 
        noncitizen veterans who are outside the United States, not 
        later than 180 days after the date of the enactment of this 
        Act, 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 an alien lawfully admitted for permanent 
                residence; and
                    (C) terminate removal proceedings.
    (c) Veterans in Removal Proceedings.--
            (1) In general.--With respect to noncitizen veterans the 
        removal proceedings of whom are pending as of the date of the 
        enactment of this Act, not later than 180 days after 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 an alien 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 any other provision of 
        law, including sections 212 and 237 of the Immigration and 
        Nationality Act (8 U.S.C. 1182 and 1227), a noncitizen veteran 
        shall be eligible to participate in the program established 
        under subsection (a) or for adjustment of status under 
        subsections (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 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 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 an alien 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 an alien 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 or 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.
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