[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2401 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2401

To amend section 504 of title 10, United States Code, to allow certain 
aliens to enlist in the Armed Forces and to clarify the naturalization 
       process for such alien enlistees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

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

_______________________________________________________________________

                                 A BILL


 
To amend section 504 of title 10, United States Code, to allow certain 
aliens to enlist in the Armed Forces and to clarify the naturalization 
       process for such alien enlistees, 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 ``Enlist Act of 2023''.

SEC. 2. ENLISTMENT OF CERTAIN ALIENS AND CLARIFICATION OF 
              NATURALIZATION PROCESS FOR SUCH ALIEN ENLISTEES.

    (a) Definitions.--In this section:
            (1) In general.--Except as otherwise specifically provided, 
        any term used in this section that is used in the immigration 
        laws shall have the meaning given such term in the immigration 
        laws.
            (2) Armed forces.--The term ``Armed Forces'' has the 
        meaning given the term ``armed forces'' in section 101 of title 
        10, United States Code.
            (3) 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)).
            (4) Military department.--The term ``military department'' 
        has the meaning given such term in section 101 of title 10, 
        United States Code.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        has the meaning given such term in section 101 of title 10, 
        United States Code.
    (b) Enlistment in the Armed Forces for Certain Aliens.--Subsection 
(b)(1) of section 504 of title 10, United States Code, is amended by 
adding at the end the following:
                    ``(D)(i) An alien who--
                            ``(I) subject to clause (ii), has been 
                        continuously physically present in the United 
                        States for five years;
                            ``(II) has completed, to the satisfaction 
                        of the Secretary of Defense or the Secretary 
                        concerned, the same security or suitability 
                        vetting processes as are required of qualified 
                        individuals seeking enlistment in an armed 
                        force;
                            ``(III) meets all other standards set forth 
                        for enlistment in an armed force as are 
                        required of qualified individuals; and
                            ``(IV)(aa) has received a grant of deferred 
                        action pursuant to the Deferred Action for 
                        Childhood Arrivals policy of the Department of 
                        Homeland Security, or successor policy, 
                        regardless of whether a court order terminates 
                        such policy;
                            ``(bb) has been granted temporary protected 
                        status under section 244 of the Immigration and 
                        Nationality Act (8 U.S.C. 1254a); or
                            ``(cc) is the beneficiary of an approved 
                        petition for an immigrant visa, but has been 
                        unable to adjust status to that of an alien 
                        lawfully admitted for permanent residence 
                        pursuant to section 245 of the Immigration and 
                        Nationality Act (8 U.S.C. 1255) because a visa 
                        number has not become available or the 
                        beneficiary turned 21 years of age prior to a 
                        visa becoming available.
                    ``(ii) An alien described in clause (i) who has 
                departed the United States during the five-year period 
                referred to in subclause (I) of that clause shall be 
                eligible to enlist if the absence of the alien was 
                pursuant to advance approval of travel by the Secretary 
                of Homeland Security and within the scope of such 
                travel authorization.''.
    (c) Stay of Removal Proceedings.--Section 237 of the Immigration 
and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the 
following:
    ``(e) If an alien described in section 504(b)(1)(D) of title 10, 
United States Code, who is subject to a ground of removability has 
served honorably in the Armed Forces, and if separated from such 
service, was never separated except under honorable conditions, the 
Secretary of Homeland Security shall grant such alien an administrative 
stay of removal under section 241(c)(2) until the earlier of--
            ``(1) the date on which the head of the military department 
        (as defined in section 101 of title 10, United States Code) 
        under which the alien served determines that the alien did not 
        serve honorably in active-duty status, and if separated from 
        such service, that such separation was not under honorable 
        conditions as required by sections 328 and 329; or
            ``(2) the date on which the alien's application for 
        naturalization under section 328 or 329 has been denied or 
        revoked and all administrative appeals have been exhausted.''.
    (d) Timely Determination by the Secretary of Defense.--Not later 
than 90 days after receiving a request by an alien who has enlisted in 
the Armed Forces pursuant to section 504(b)(1)(D) of title 10, United 
States Code, for a certification of service in the Armed Forces, the 
head of the military department under which the alien served shall 
issue a determination certifying whether the alien has served honorably 
in an active-duty status, and whether separation from such service was 
under honorable conditions as required by sections 328 and 329 of the 
Immigration and Nationality Act (8 U.S.C. 1439, 1440), unless the head 
of the military department concerned requires additional time to vet 
national security or counter-intelligence concerns.
    (e) Medical Exception.--An alien who otherwise meets the 
qualifications for enlistment under section 504(b)(1)(D) of title 10, 
United States Code, but who, after reporting for initial entry 
training, has not successfully completed such training primarily for 
medical reasons shall be considered to have separated from service in 
the Armed Forces under honorable conditions for purposes of sections 
328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 
1440), if such medical reasons are certified by the head of the 
military department under which the individual so served.
    (f) Good Moral Character.--In determining whether an alien who has 
enlisted in the Armed Forces pursuant to section 504(b)(1)(D) of title 
10, United States Code, has good moral character for purposes of 
section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)), the Secretary of Homeland Security--
            (1) shall consider the alien's honorable service in the 
        Armed Forces; and
            (2) may make a finding of good moral character 
        notwithstanding--
                    (A)(i) any single misdemeanor offense, if the alien 
                has not been convicted of any offense during the 5-year 
                period preceding the date on which the alien applies 
                for naturalization; or
                    (ii) not more than 2 misdemeanor offenses, if the 
                alien has not been convicted of any offense during the 
                10-year period preceding the date on which the alien 
                applies for naturalization.
    (g) Confidentiality of Information.--
            (1) In general.--The Secretary of Homeland Security or the 
        Secretary of Defense may not disclose or use for purposes of 
        immigration enforcement information provided in--
                    (A) documentation filed under this section or an 
                amendment made by this section; or
                    (B) enlistment applications filed, or inquiries 
                made, under section 504(b)(1)(D) of title 10, United 
                States Code.
            (2) Treatment of records.--
                    (A) In general.--Documentation filed under this 
                section or an amendment made by this section--
                            (i) shall be collected pursuant to section 
                        552a of title 5, United States Code (commonly 
                        known as the ``Privacy Act of 1974''); and
                            (ii) may not be disclosed under subsection 
                        (b)(7) of that section for purposes of 
                        immigration enforcement.
                    (B) Destruction.--In the case of an alien who 
                attempts to enlist under section 504(b)(1)(D) of title 
                10, United States Code, but does not successfully do so 
                (except in the case of an alien described in subsection 
                (e)), the Secretary of Homeland Security and the 
                Secretary of Defense shall destroy information provided 
                in documentation filed under this section or an 
                amendment made by this section not later than 60 days 
                after the date on which the alien concerned is denied 
                enlistment or fails to complete basic training, as 
                applicable.
            (3) Referrals prohibited.--The Secretary of Homeland 
        Security or the Secretary of Defense (or any designee of the 
        Secretary of Homeland Security or the Secretary of Defense), 
        based solely on information provided in an application for 
        naturalization submitted by an alien who has enlisted in the 
        Armed Forces under section 504(b)(1)(D) of title 10, United 
        States Code, or an enlistment application filed or an inquiry 
        made under that section, may not refer the individual concerned 
        to U.S. Immigration and Customs Enforcement or U.S. Customs and 
        Border Protection.
            (4) Limited exception.--Notwithstanding paragraphs (1) 
        through (3), information provided in an application for 
        naturalization submitted by an individual who has enlisted in 
        the Armed Forces under section 504(b)(1)(D) of title 10, United 
        States Code, may be shared with Federal security and law 
        enforcement agencies--
                    (A) for assistance in the consideration of an 
                application for naturalization;
                    (B) to identify or prevent fraudulent claims;
                    (C) for national security purposes pursuant to 
                section 6611 of the National Defense Authorization Act 
                for Fiscal Year 2020 (50 U.S.C. 3352f); or
                    (D) for the investigation or prosecution of any 
                Federal crime, except any offense, other than a fraud 
                or false statement offense, that is--
                            (i) related to immigration status; or
                            (ii) a petty offense (as defined in section 
                        19 of title 18, United States Code).
            (5) Penalty.--Any person who knowingly and willfully uses, 
        publishes, or examines, or permits such use, publication, or 
        examination of, any information produced or provided by, or 
        collected from, any source or person under this section or an 
        amendment made by this section, and in violation of this 
        subsection, shall be guilty of a misdemeanor and fined not more 
        than $5,000.
    (h) Rule of Construction.--Nothing in this section or an amendment 
made by this section may be construed to modify--
            (1) except as otherwise specifically provided in this 
        section, the process prescribed by sections 328 and 329A of the 
        Immigration and Nationality Act (8 U.S.C. 1439, 1440-1) by 
        which a person may naturalize, or be granted posthumous United 
        States citizenship, through service in the Armed Forces; or
            (2) the qualifications for original enlistment in any 
        component of the Armed Forces otherwise prescribed by law or 
        the Secretary of Defense.
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