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.