[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5055 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5055

To provide benefits for noncitizen members of the Armed Forces, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2022

  Mr. Padilla (for himself, Mr. Durbin, Mr. Booker, Mr. Sanders, Ms. 
  Warren, Mr. Markey, Mr. Blumenthal, Mr. Brown, and Mrs. Feinstein) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide benefits for noncitizen members of the 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 ``Veteran Service Recognition Act of 
2022''.

SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED FROM THE UNITED 
              STATES.

    (a) Study Required.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of Defense, the 
        Secretary of Homeland Security, and the Secretary of Veterans 
        Affairs shall jointly carry out a study on noncitizen veterans 
        and noncitizen former members of the Armed Forces who were 
        removed from the United States during the period beginning on 
        January 1, 1990, and ending on the date of the enactment of 
        this Act.
            (2) Elements.--The study carried out pursuant to paragraph 
        (1) shall determine--
                    (A) the number of noncitizens who--
                            (i) served in the Armed Forces for an 
                        aggregate period of more than 180 days; and
                            (ii) were removed by U.S. Immigration and 
                        Customs Enforcement or the Immigration and 
                        Naturalization Service during the period 
                        covered by the report;
                    (B) for each noncitizen described in subparagraph 
                (A)--
                            (i) the country of nationality or last 
                        habitual residence of such noncitizen;
                            (ii) the total time such noncitizen served 
                        as a member of the Armed Forces;
                            (iii) each ground on which such noncitizen 
                        was ordered removed pursuant to section 212(a) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1182(a)) or section 237(a) of such Act 
                        (8 U.S.C. 1227(a)), as applicable; and
                            (iv) whether such noncitizen appealed the 
                        removal order to the Board of Immigration 
                        Appeals;
                    (C)(i) the number of noncitizens described in 
                subparagraph (A) who were discharged or released from 
                service under honorable conditions;
                    (ii) the number of noncitizens described in 
                subparagraph (A) who were discharged or released from 
                service under other than honorable conditions;
                    (iii) the number of noncitizens described in 
                subparagraph (A) who were deployed overseas;
                    (iv) the number of noncitizens described in 
                subparagraph (A) who served on active duty in the Armed 
                Forces in an overseas contingency operation;
                    (v) the number of noncitizens described in 
                subparagraph (A) who were awarded decorations or 
                medals;
                    (vi) the number of noncitizens described in 
                subparagraph (A) who applied for benefits under laws 
                administered by the Secretary of Veterans Affairs; and
                    (vii) the number of noncitizens described in 
                subparagraph (A) who receive benefits described in 
                clause (vi); and
                    (D) the reasons preventing any of the noncitizens 
                who applied for benefits described in subparagraph 
                (C)(vi) from receiving such benefits.
    (b) Report.--Not later than 90 days after the date of the 
completion of the study required under subsection (a), the Secretary of 
Defense, the Secretary of Homeland Security, and the Secretary of 
Veterans Affairs shall jointly submit a report containing the results 
of such study to the appropriate congressional committees.

SEC. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO REMOVAL.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
develop--
            (1) a protocol for identifying noncitizens who are or may 
        be veterans; and
            (2) a system for maintaining information about noncitizen 
        veterans identified pursuant to the protocol established under 
        paragraph (1) and information provided by the Under Secretary 
        of Defense for Personnel and Readiness under section 4(d).
    (b) Information Sharing.--The system developed pursuant to 
subsection (a)(2) shall be shared across all components of the 
Department of Homeland Security, including Enforcement and Removal 
Operations, the Office of the Principal Legal Advisor, Homeland 
Security Investigations, and the Military Family Immigration Advisory 
Committee.
    (c) Consideration of Veteran Status.--The Secretary of Homeland 
Security shall ensure that, in the case of any noncitizen veteran who 
is potentially removable, and in any removal proceeding against such a 
noncitizen veteran, information available under the system developed 
pursuant to subsection (a)(2) is taken into consideration, including 
for purposes of any adjudication on the immigration status of such 
veteran.
    (d) Use of System Required.--The Secretary of Homeland Security may 
not initiate removal proceedings against an individual prior to using 
the system established pursuant to subsection (a)(2) to attempt to 
determine whether the individual is a veteran. If the Secretary of 
Homeland Security determines that such an individual is or may be a 
veteran, the Secretary shall notify the Military Family Immigration 
Advisory Committee concurrently upon initiating removal proceedings 
against such individual.
    (e) Training.--Beginning in the first fiscal year that begins after 
the Secretary of Homeland Security completes the requirements under 
subsection (a), personnel of U.S. Immigration and Customs Enforcement 
shall participate in annual training on the protocol developed under 
this section.

SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish an advisory committee, which shall be known as the ``Military 
Family Immigration Advisory Committee'', to provide recommendations to 
the Secretary of Homeland Security on the exercise of discretion in any 
case involving removal proceedings for--
            (1) a member of the Armed Forces;
            (2) a veteran; or
            (3) a covered family member.
    (b) Membership.--The Advisory Committee shall be composed of 9 
members, appointed by the Secretary of Homeland Security.
    (c) Case Reviews.--
            (1) In general.--Not later than 30 days after the Advisory 
        Committee identifies or is notified about the case of an 
        individual described in subsection (a), the Advisory Committee 
        shall meet to review the case and to provide a written 
        recommendation to the Secretary of Homeland Security on 
        whether--
                    (A) an exercise of discretion is warranted, 
                including--
                            (i) termination of removal proceedings;
                            (ii) parole;
                            (iii) deferred action;
                            (iv) a stay of removal;
                            (v) administrative closure; or
                            (vi) authorization to apply for any other 
                        form of relief; or
                    (B) to continue seeking the removal of such 
                individual.
            (2) Submission of information.--An individual who is the 
        subject of a case review under paragraph (1) may submit 
        information to the Advisory Committee, and the Advisory 
        Committee shall consider such information.
            (3) Procedures.--In conducting each case review under 
        paragraph (1), the Advisory Committee shall consider, as 
        factors weighing in favor of a recommendation under paragraph 
        (1)(A)--
                    (A) with respect to a member of the Armed Forces, 
                whether the individual--
                            (i) was an enlisted member or officer of 
                        the Armed Forces;
                            (ii) received a medal or decoration, was 
                        deployed, or was otherwise evaluated for merit 
                        in service during his or her service in the 
                        Armed Forces;
                            (iii) is a national of a country that 
                        prohibits repatriation of an individual after 
                        any service in the Armed Forces; or
                            (iv) contributed to his or her local 
                        community during his or her service in the 
                        Armed Forces;
                    (B) with respect to a veteran, whether the 
                individual--
                            (i) was an enlisted member or officer of 
                        the Armed Forces;
                            (ii) completed a period of service in the 
                        Armed Forces and was discharged under 
                        conditions other than dishonorable;
                            (iii) received a medal or decoration, was 
                        deployed, or was otherwise evaluated for merit 
                        in service during his or her service in the 
                        Armed Forces;
                            (iv) is a national of a country that 
                        prohibits repatriation of an individual after 
                        any service in the Armed Forces of another 
                        country; or
                            (v) contributed to his or her local 
                        community during or after his or her service in 
                        the Armed Forces; and
                    (C) with respect to a covered family member, 
                whether the individual--
                            (i) supported a member of the Armed Forces 
                        serving on active duty or a veteran, including 
                        through financial support, emotional support, 
                        or caregiving; or
                            (ii) contributed to his or her local 
                        community during or after the military service 
                        of the member or of the veteran.
    (d) Briefings on Noncitizen Veterans.--The Under Secretary of 
Defense for Personnel and Readiness shall provide detailed briefings to 
the Advisory Committee regarding the service of a noncitizen veteran 
when that individual's case is being considered by the Advisory 
Committee.
    (e) Briefings on Actions in Response to Recommendations.--Not less 
frequently than quarterly, the Secretary of Homeland Security shall 
provide detailed briefings to the Advisory Committee regarding actions 
taken in response to the recommendations of the Advisory Committee, 
including detailed explanations for any cases in which a recommendation 
of the Advisory Committee was not followed.
    (f) Transfer of Case Files.--For any individual with respect to 
whom the Advisory Committee is conducting a case review under this 
section, the Secretary of Defense and the Secretary of Homeland 
Security shall provide to the Advisory Committee a copy of any 
available record pertaining to that individual, including such 
individual's alien file, that is relevant to the case review.
    (g) Limitation on Removal.--Notwithstanding any other provision of 
law, an individual described in subsection (a) may not be ordered 
removed until the Advisory Committee has provided a recommendation with 
respect to such individual to the Secretary of Homeland Security.

SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.

    (a) In General.--
            (1) Program established.--The Secretary of Homeland 
        Security, acting through the Director of U.S. Citizenship and 
        Immigration Services, and in coordination with the Secretary of 
        Defense, shall jointly implement a program to ensure that--
                    (A) each eligible noncitizen is afforded the 
                opportunity to file an application for naturalization 
                at any point on or after the first day of service on 
                active duty or first day of service as a member of the 
                Selected Reserve pursuant to section 329 of the 
                Immigration and Nationality Act (8 U.S.C. 1440); and
                    (B) the duly authenticated certification (or any 
                other successor form) required under section 329(b)(3) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1140(b)(3)) is issued to each noncitizen not later than 
                30 days after the individual makes a request for such 
                certification.
            (2) Eligible noncitizen.--In this subsection, the term 
        ``eligible noncitizen'' means a noncitizen who serves or has 
        served in the Armed Forces during any period that the President 
        by Executive order designates as a period during which the 
        Armed Forces are or were engaged in military operations 
        involving armed conflict with a hostile foreign force.
    (b) JAG Training.--The Secretary of Defense shall ensure that 
appropriate members of the Judge Advocate General Corps of each Armed 
Force receive training to function as liaisons with U.S. Citizenship 
and Immigration Services with respect to applications for citizenship 
of noncitizen members of the Armed Forces.
    (c) Training for Recruiters.--The Secretary of Defense shall ensure 
that all recruiters in the Armed Forces receive training regarding--
            (1) the steps required for a noncitizen member of the Armed 
        Forces to receive citizenship;
            (2) limitations on the path to citizenship for family 
        members of such individuals; and
            (3) points of contact at the Department of Homeland 
        Security to resolve emergency immigration-related situations 
        with respect to such individuals and their family members.
    (d) Annual Reports.--The Secretary of each military department 
shall annually submit a report to the appropriate congressional 
committees that identifies the number of all noncitizens who enlisted 
or were appointed in the military department concerned, all members of 
the Armed Forces in their department who naturalized, and all members 
of the Armed Forces in their department who were discharged or released 
without United States citizenship under the jurisdiction of such 
Secretary during the preceding year.
    (e) Further Facilitation Naturalization for Military Personnel in 
Contingency Operations.--Any person who has served honorably as a 
member of the Armed Forces of the United States in support of a 
contingency operation (as defined in section 101(a)(13) of title 10, 
United States Code), and who, if separated from the Armed Forces, was 
separated under honorable conditions, may be naturalized as provided in 
section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as 
though the person had served during a period designated by the 
President under such section.
    (f) Naturalization Through Service in the Armed Forces of the 
United States.--Section 328 of the Immigration and Nationality Act (8 
U.S.C. 1439) is amended--
            (1) in subsection (a), by striking ``six months'' and 
        inserting ``one year''; and
            (2) in subsection (d), by striking ``six months'' and 
        inserting ``one year''.

SEC. 6. INFORMATION FOR MILITARY RECRUITS REGARDING NATURALIZATION 
              THROUGH SERVICE IN THE ARMED FORCES.

    The Secretary of Defense, in coordination with the Secretary of 
Homeland Security, shall ensure that there is stationed or employed at 
each Military Entrance Processing Station--
            (1) an employee of U.S. Citizenship and Immigration 
        Services; or
            (2) in the case that the Secretary determines that it is 
        impracticable to station or employ a person described in 
        paragraph (1) at a Military Entrance Processing Station, a 
        member of the Armed Forces or an employee of the Department of 
        Defense--
                    (A) whom the Secretary determines is trained in the 
                immigration laws; and
                    (B) who shall inform each military recruit who is 
                not a citizen of the United States processed at such 
                Military Entrance Processing Station regarding 
                naturalization through service in the Armed Forces 
                under sections 328 and 329 of the Immigration and 
                Nationality Act (8 U.S.C. 1439-1440).

SEC. 7. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES; 
              ADJUSTMENT OF STATUS.

    (a) Eligible Veterans.--Notwithstanding the issuance of a final 
order of removal against a noncitizen, the Secretary of Homeland 
Security may adjust such noncitizen's status to that of an alien 
lawfully admitted for permanent residence, or admit such noncitizen for 
lawful permanent residence if the Secretary determines that such 
noncitizen--
            (1) is a veteran; and
            (2) except as provided in subsection (b), is not 
        inadmissible.
    (b) Waiver.--
            (1) Authority.--The Secretary of Homeland Security may 
        waive any applicable ground of inadmissibility with respect to 
        a noncitizen veteran described in subsection (a), under section 
        212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)) (other than paragraph (3) of such section 212(a), or a 
        finding of inadmissibility under paragraph (2)(A) based on a 
        conviction of an aggravated felony described in subparagraph 
        (A), (I), or (K) of section 101(a)(43) of such Act (8 U.S.C. 
        1101(a)(43))) if the Secretary determines that such waiver is 
        in the public interest.
            (2) Public interest considerations.--In determining whether 
        a waiver described in paragraph (1) is in the public interest, 
        the Secretary of Homeland Security shall consider factors, such 
        as--
                    (A) the noncitizen's service in the Armed Forces; 
                and
                    (B) the recency and severity of any offense or 
                conduct that forms the basis of a finding of 
                inadmissibility under section 212(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)).
    (c) Procedures.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations that establish procedures for carrying out this 
section.
    (d) No Numerical Limitations.--Individuals who are granted lawful 
permanent residence under this section shall not be subject to the 
numerical limitations under section 201, 202, or 203 of the Immigration 
and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
    (e) Clarification.--If a noncitizen's status is adjusted to that of 
an alien lawfully admitted for permanent residence, or if such 
noncitizen is lawfully admitted for permanent residence, such 
adjustment or admission shall create a presumption that the noncitizen 
has established good moral character under paragraphs (1) through (8) 
of section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)).
    (f) Limitation on Removal.--
            (1) In general.--A noncitizen who appears to be prima facie 
        eligible for lawful permanent resident status under this 
        section shall be given a reasonable opportunity to apply for 
        such status. Such noncitizen may not be removed from the United 
        States until a final administrative decision establishing 
        ineligibility for such status is rendered.
            (2) Effect of final order.--
                    (A) In general.--A noncitizen present in the United 
                States who has been ordered removed or has been 
                permitted to depart voluntarily from the United States 
                may, notwithstanding such order or permission to 
                depart, apply for lawful permanent resident status 
                under this section. Such noncitizen may not be required 
                to file a separate motion to reopen, reconsider, or 
                vacate the order of removal.
                    (B) Effect of approval.--If the Secretary of 
                Homeland Security approves an application filed 
                pursuant to subparagraph (A)--
                            (i) the Secretary shall notify the Attorney 
                        General of such approval; and
                            (ii) the Attorney General shall cancel the 
                        order of removal.
                    (C) Effect of denial.--If the Secretary of Homeland 
                Security renders a final administrative decision to 
                deny an application filed pursuant to subparagraph (A), 
                the order of removal or permission to depart shall be 
                effective and enforceable to the same extent as if the 
                application had not been made, only after all available 
                administrative and judicial remedies have been 
                exhausted.

SEC. 8. ADJUSTMENT OF STATUS FOR CERTAIN IMMEDIATE RELATIVES OF UNITED 
              STATES CITIZEN SERVICE MEMBERS OR VETERANS.

    (a) In General.--For purposes of an application for adjustment of 
status pursuant to an approved petition for classification under 
section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(A)), an alien described in subsection (b)--
            (1) is be deemed to have been inspected and admitted into 
        the United States; and
            (2) shall not be subject to paragraphs (6)(A), (6)(C), 
        (7)(A), and (9) of section 212(a) of such Act (8 U.S.C. 
        1182(a)).
    (b) Alien Described.--An alien described in this subsection is the 
beneficiary of an approved petition for classification under section 
204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(A)) as an immediate relative (as defined in section 
201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i))) of a citizen 
of the United States who--
            (1) served, for a minimum of 2 years, on active duty in the 
        Armed Forces or in a reserve component of the United States 
        Armed Forces; and
            (2) if discharged or released from service in the Armed 
        Forces, was discharged or released under honorable conditions.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Military Family Immigration Advisory Committee 
        established pursuant to section 4.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Veterans' Affairs of the 
                Senate;
                    (E) the Committee on Armed Services of the House of 
                Representatives;
                    (F) the Committee on Homeland Security of the House 
                of Representatives;
                    (G) the Committee on the Judiciary of the House of 
                Representatives; and
                    (H) the Committee on Veterans' Affairs of the House 
                of Representatives.
            (3) Armed forces.--The term ``Armed Forces'' has the 
        meaning given the term ``armed forces'' in section 101(4) of 
        title 10, United States Code.
            (4) Covered family member.--The term ``covered family 
        member'' means the noncitizen spouse or noncitizen child of--
                    (A) a member of the Armed Forces; or
                    (B) a veteran.
            (5) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (6) 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))).
            (7) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101(2) of title 38, United States Code.
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