[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
OVERSIGHT OF IMMIGRANT MILITARY
MEMBERS AND VETERANS
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP
OF THE
COMMITTEE ON THE JUDICIARY
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
__________
WEDNESDAY, JUNE 29, 2022
__________
Serial No. 117-72
__________
Printed for the use of the Committee on the Judiciary
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via: http://judiciary.house.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
48-400 WASHINGTON : 2022
-----------------------------------------------------------------------------------
COMMITTEE ON THE JUDICIARY
JERROLD NADLER, New York, Chair
MADELEINE DEAN, Pennsylvania, Vice-Chair
ZOE LOFGREN, California JIM JORDAN, Ohio, Ranking Member
SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio
STEVE COHEN, Tennessee LOUIE GOHMERT, Texas
HENRY C. ``HANK'' JOHNSON, Jr., DARRELL ISSA, California
Georgia KEN BUCK, Colorado
THEODORE E. DEUTCH, Florida MATT GAETZ, Florida
KAREN BASS, California MIKE JOHNSON, Louisiana
HAKEEM S. JEFFRIES, New York ANDY BIGGS, Arizona
DAVID N. CICILLINE, Rhode Island TOM McCLINTOCK, California
ERIC SWALWELL, California W. GREG STEUBE, Florida
TED LIEU, California TOM TIFFANY, Wisconsin
JAMIE RASKIN, Maryland THOMAS MASSIE, Kentucky
PRAMILA JAYAPAL, Washington CHIP ROY, Texas
VAL BUTLER DEMINGS, Florida DAN BISHOP, North Carolina
J. LUIS CORREA, California MICHELLE FISCHBACH, Minnesota
MARY GAY SCANLON, Pennsylvania VICTORIA SPARTZ, Indiana
SYLVIA R. GARCIA, Texas SCOTT FITZGERALD, Wisconsin
JOE NEGUSE, Colorado CLIFF BENTZ, Oregon
LUCY McBATH, Georgia BURGESS OWENS, Utah
GREG STANTON, Arizona
VERONICA ESCOBAR, Texas
MONDAIRE JONES, New York
DEBORAH ROSS, North Carolina
CORI BUSH, Missouri
AMY RUTKIN, Majority Staff Director and Chief of Staff
CHRISTOPHER HIXON, Minority Staff Director
------
SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP
ZOE LOFGREN, California, Chair
JOE NEGUSE, Colorado, Vice-Chair
PRAMILA JAYAPAL, Washington TOM McCLINTOCK, California,
J. LUIS CORREA, California Ranking Member
SYLVIA R. GARCIA, Texas KEN BUCK, Colorado
VERONICA ESCOBAR, Texas ANDY BIGGS, Arizona
SHEILA JACKSON LEE, Texas TOM TIFFANY, Wisconsin
MARY GAY SCANLON, Pennsylvania CHIP ROY, Texas
VICTORIA SPARTZ, Indiana
JOSHUA BREISBLATT, Deputy Chief Counsel
ANDREA LOVING, Minority Counsel
C O N T E N T S
----------
Wednesday, June 29, 2022
Page
OPENING STATEMENTS
The Honorable Zoe Lofgren, Chair of the Subcommittee on
Immigration and Citizenship from the State of California....... 1
The Honorable Tom McClintock, Ranking Member of the Subcommittee
on Immigration and Citizenship from the State of California.... 3
The Honorable Jerrold Nadler, Chair of the Committee on the
Judiciary from the State of New York........................... 4
WITNESSES
Ms. Debra Rogers, Director, Immigrant Military Members and
Veterans Initiative, U.S. Department of Homeland Security
Oral Testimony................................................. 7
Prepared Testimony............................................. 9
Dr. Jennifer MacDonald, Senior Advisor to the Secretary for
Health, U.S. Department of Veterans Affairs
Oral Testimony................................................. 16
Prepared Testimony............................................. 18
Ms. Stephanie Miller, Director, Officer and Enlisted Personnel
Management, Office of the Under Secretary for Personnel and
Readiness, U.S. Department of Defense
Oral Testimony................................................. 21
Prepared Testimony............................................. 24
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
Materials submitted by the Honorable Andy Biggs, a Member of the
Subcommittee on the Immigration and Citizenship from the State
of Arizona, for the record
Transcript of the May 4, 2022 Senate Homeland Security and
Governmental Affairs Committee hearing entitled, ``Resources
and Authorities Needed to Protect and Secure the Homeland,''
Bloomberg Government......................................... 34
Video of the April 28, 2022 Committee on the Judiciary hearing
entitled, ``Oversight of the Department of Homeland
Security''................................................... 99
Materials submitted by the Honorable Sheila Jackson Lee, a Member
of the Subcommittee on the Immigration and Citizenship from the
State of Texas, for the record
An article entitled, ``2 men charged in connection with deaths
of 51 migrants found inside sweltering semitruck in San
Antonio,'' CNN............................................... 110
An article entitled, ``ICE deported veterans while `unaware' it
was required to carefully screen them, report says,''
Washington Post.............................................. 116
An article entitled, ``Military service was once a fast track
to U.S. citizenship. The Trump administration keeps narrowing
that possibility,'' Washington Post.......................... 119
Materials submitted by the Honorable Zoe Lofgren, Chair of the
Subcommittee on Immigration and Citizenship from the State of
California, for the record
A statement from The American Legion........................... 128
A statement from the Honorable Mark Takano, a Member of
Congress from the State of California........................ 133
An article entitled, ``Broken Promises,'' The American Legion
Magazine..................................................... 134
APPENDIX
Materials submitted by the Honorable Zoe Lofgren, Chair of the
Subcommittee on Immigration and Citizenship from the State of
California, for the record
A letter from the ACLU to President Biden...................... 140
A statement from David Kinyua Bariu, Secretary, Black Deported
Veterans of America.......................................... 144
A statement from Robert Vivar, Executive Director, Unified U.S.
Deported Veterans............................................ 146
A statement from James L. Smith II, Co-Director, Black Deported
Veterans of America.......................................... 148
A statement from Jeffry C. Merrick, Retired Master Sergeant,
USAF......................................................... 150
A statement from Jan A. Ruhman, Operations Coordinator,
National Veterans For Peace, Inc............................. 151
A supplemental statement for the record from Ms. Debra Rogers,
Director, Immigrant Military Members and Veterans Initiative,
U.S. Department of Homeland Security, submitted by the
Honorable Andy Biggs, Member of the Subcommittee on Immigration
and Citizenship from the State of Arizona, for the record...... 153
QUESTIONS AND ANSWERS FOR THE RECORD
Questions to Dr. Jennifer MacDonald, Senior Advisor to the
Secretary for Health, U.S. Department of Veterans Affairs, and
Ms. Debra Rogers, Director, Immigrant Military Members and
Veterans Initiative, U.S. Department of Homeland Security,
submitted by the Honorable Lou Correa, a Member of the
Subcommittee on the Immigration and Citizenship from the State
of California, for the record.................................. 156
Response to questions from Ms. Debra Rogers, Director, Immigrant
Military Members and Veterans Initiative, U.S. Department of
Homeland Security, submitted by the Honorable Lou Correa, a
Member of the Subcommittee on the Immigration and Citizenship
from the State of California, for the record................... 157
Response to questions from Dr. Jennifer MacDonald, Senior Advisor
to the Secretary for Health, U.S. Department of Veterans
Affairs, submitted by the Honorable Lou Correa, a Member of the
Subcommittee on the Immigration and Citizenship from the State
of California, for the record.................................. 158
OVERSIGHT OF IMMIGRANT MILITARY MEMBERS AND VETERANS
Wednesday, June 29, 2022
House of Representatives
Subcommittee on Immigration and Citizenship
Committee on the Judiciary
Washington, DC
The Subcommittee met, pursuant to call, at 2:00 p.m., via
Zoom, Hon. Zoe Lofgren [Chair of the Subcommittee] presiding.
Present: Representatives Lofgren, Nadler, Jayapal, Correa,
Garcia, Jackson Lee, Scanlon, McClintock, Buck, Biggs, and
Tiffany.
Staff Present: Aaron Hiller, Chief Counsel and Deputy Staff
Director; John Doty, Senior Advisor and Deputy Staff Director;
David Greengrass, Senior Counsel; Moh Sharma, Director of
Member Services and Outreach & Policy Advisor; Cierra Fontenot,
Chief Clerk; Casey Lee, Staff Assistant; Merrick Nelson,
Digital Director; Joshua Breisblatt, Chief Counsel for
Immigration; Ami Shah, Counsel for Immigration; Julie
Rheinstrom, Counsel for Immigration; Yasser Killawi, Counsel
for Immigration; Anthony Valdez, Professional Staff Member/
Legislative Aide for Immigration; Andrea Loving, Minority Chief
Counsel for Immigration; Kyle Smithwick, Minority Counsel; and
Kiley Bidelman, Minority Clerk.
Ms. Lofgren. The Subcommittee on Immigration and
Citizenship will come to order. A quorum being present.
Without objection, the Chair is authorized to declare a
recess of the Subcommittee at any time.
Welcome everyone to this hearing, Oversight of Immigrant
Military Members and Veterans.
I'd like to remind Members that we've established an email
address and distribution list dedicated to circulating
exhibits, motions, or other written materials that Members may
want to offer as part of the hearing. If Members would like to
submit materials, please send them to the email address that's
previously been distributed to your offices and we will
circulate the materials to Members and staff as quickly as we
possibly can.
I also ask all Members to please mute your microphones when
you're not speaking to help prevent feedback and other
technical issues and, of course, unmute yourselves any time you
seek recognition.
I now will recognize myself for an opening statement.
I'd like to welcome our Witnesses and the Members of the
Immigration and Citizenship Subcommittee to today's hearing
which will explore the initiatives by the current
administration to support noncitizen servicemembers, veterans,
and their family members.
Immigrants are important to our society and provide key
support to our U.S. military. Currently, immigrants account for
approximately three percent of Active Duty servicemembers.
Additionally, 13 percent of veterans, or 2.4 million people,
are of immigrant origin meaning that either they or their
parents are immigrants.
Throughout our history, immigrants have been key to some of
our most critical military victories. For example, the
Revolutionary War likely could not have been won without the
essential contributions of two immigrants--the Marquis de
Lafayette and General Pulaski. In recognition of their service,
both were posthumously made honorary citizens of the United
States.
A more recent example is U.S. Marine Sergeant Rafael
Peralta, who was born in Mexico and enlisted the day he
received his green card. In 2004, Sergeant Peralta was severely
wounded during the second battle of Fallujah, and in his last
moments, he used his body to shield his fellow Marines from a
grenade blast saving their lives. Sergeant Peralta obtained his
citizenship during his military service and was posthumously
awarded the Navy Cross.
In 1862, recognizing the important role immigrants play in
our military, Congress passed a law expediting the pathway to
citizenship for those who serve in the Armed Forces. Quick
access to citizenship is good for our servicemembers and for
the military branches in which they serve.
As with some other aspects of the legal immigration system,
the Trump Administration imposed barriers when it comes to
naturalization for noncitizen servicemembers. Fortunately, the
new administration has been working to reverse these policies.
The President cast the Departments of Homeland Security,
Defense, and Justice to improve access to military
naturalizations.
As part of this mandate, the Departments of Homeland
Security and Veterans Affairs worked to create something called
the IMMVI, the Immigrant Military Members and Veterans
Initiative, to assist immigrant veterans with parole
applications and to facilitate their access to VA benefits.
The Department of Veterans Affairs mandate is to provide
care and assistance to anyone who served in our military
regardless of their citizenship status. This mission gets more
difficult when noncitizen veterans are removed to their country
of origin.
All too often, such removals are due to a conviction for a
crime stemming from trauma that occurred during the veteran
service with our military. Estimates indicate that
approximately 11-30 percent of veterans experience post-
traumatic stress disorder, or PTSD. Veterans with PTSD are 60
percent more likely to become involved in the criminal justice
system than those who are not suffering from this tragic
illness.
When American citizen veterans are convicted of crimes,
their punishments do not include banishment from the country;
however, even after they have served their sentences, veterans
who are not yet citizens are subject to removal. This means
that a veteran who risked their life for our country and
suffered long-lasting mental health problems as a result, could
be deported preventing them from accessing the resources
promised to them when they volunteered to serve.
We can do better by our immigrant veterans. That is why I,
along with Chair Nadler and Representatives Takano and Correa,
introduced the Veterans Service Recognition Act to address the
issues faced by our immigrant servicemembers and veterans in a
holistic way.
I look forward to our discussion today and hearing from all
our Witnesses. At this time, I would like to recognize our
Ranking Member, Mr. McClintock, for any statement he may wish
to offer.
Mr. McClintock. Thank you very much, Madam Chair. In April,
DHS Secretary, Alejandro Mayorkas, told this Committee in sworn
testimony that the southern border is secure. This, of course,
was untrue. We later discovered that while he was testifying
the border's secure, his CBP was encountering the highest
monthly number of illegal migrants in our history, 234,000 in a
single month.
In addition, under his orders and policies, more than half
of them were deliberately trafficked into the United States.
That's the equivalent of adding a population the size of
Lansing, Michigan in a single month.
It's no surprise that the border chaos continued in May
setting a new monthly record for CBP encounters at 239,000.
Already, in just 18 months, this Administration's allowed into
the United States through border releases and evasion, an
illegal population the size of the State of West Virginia. Now,
Mayorkas couldn't tell us how it will benefit the American
people to have their classrooms packed with non-English
speaking students, their emergency rooms flooded with illegals
demanding basic care, how their families will be safer with
increased gang activity, and fentanyl inundating our
communities or how working families will be made better by
flooding the labor market with cheap, illegal labor while they
foot the bill for social services.
Now, Gallup warns us there are 42 million foreign nationals
just in Latin America and the Caribbean who intend to come
here. Nearly 8,000 a day are now illegally entering our
country, and we're warned of up to 18,000 a day will be
arriving if the Democrats succeed in dropping Title 42. I'm not
aware of any civilization in history that has survived an
illegal mass migration on this scale.
So, how do my Democratic colleagues on the Immigration
Subcommittee react to this unprecedented illegal migration
they've unleashed? Do they call on the Biden Administration to
stop the releases? Do they call on their President to actually
enforce U.S. immigration laws, or at least stop incentivizing
this mass illegal migration?
No. They call a hearing to discuss immigrant military
service-members and veterans. There are 31,000 currently
serving in our Armed Forces. This is less than four days of the
border incursions that we're currently seeing.
The IMMVI programs naturalized about 1,000 veterans in 16
months. That's the number of illegal aliens streaming across
our border every three hours. Foreign nationals who come to
America legally, obey our laws, and seek to serve our country
because of the love for it and for the principles upon which
it's founded are our greatest strengths.
Eleven years ago, I spoke at the funeral of Gurpreet Singh,
whose family had immigrated from India legally 11 years before.
His father told a reporter that Gurpreet was always a very
patriotic man for the U.S. From the time he was a little boy,
he knew he wanted to serve in the U.S. military. Gurpreet was
very proud of his service with the Marines.
Corporal Singh was wounded in combat, he chose to return,
he overstayed his assignment to relieve a friend, and was
killed in action in Helmand Province on June 22, 2011. Now, I
pray the majority's not attempting to equate such heroism,
devotion, and fidelity with the lawless, illegal mass migration
that they're not only ignoring, but actively aiding and
abetting with their policies, with the staggering death toll
that had just saw 51 illegal migrants baked to death by human
traffickers in a truck on Monday.
The legal permanent residents who enlist in our military
are often special avenues for naturalization under the
Immigration and Nationality Act as they should. About three
percent of U.S. veterans today are foreign-born. Many have
chosen to become U.S. citizens.
Unfortunately, for a while, we allowed nonlegal permanent
residents, including those who are here on student visas,
refugee claimants, and DACA recipients to enlist to claim a
fast track to citizenship called the MAVNI program.
It was such a debacle that the Obama Administration had to
suspend it in 2016. One MAVNI enlistment, Ji Chaoqun, was found
to be a Chinese spy. A number of foreign nationals who enlisted
in our military were subsequently deported for committing
crimes. Yet, the Democrats don't seem to differentiate between
heroes like Gurpreet Singh and those who abuse our system with
ill-intent.
So, I look forward to the discussion about these and other
pertinent issues with the Witnesses today, and I'll yield back
the balance of my time.
Ms. Lofgren. The gentleman yields back.
I'm now pleased to recognize the Chair of the Judiciary
Committee, Chair Nadler, for any opening statement he may wish
to offer.
Chair Nadler. Well, thank you, Madam Chair.
Immigrants have served in the U.S. Armed Forces in every
major conflict since the Revolutionary War. Today, there are
approximately 45,000 immigrants actively serving in the U.S.
Armed Services. Every day, brave immigrant servicemembers risk
their lives in support of our country. We rely on them to keep
our nation safe and to protect U.S. global interests. In
return, we must honor their sacrifices by supporting them and
their families, and by giving them every opportunity to become
U.S. citizens if they so desire.
Unfortunately, the previous administration instituted many
policy changes that made it harder for foreign-born
servicemembers to naturalize and inhibited our ability to
recruit and retain highly qualified immigrants for important
positions within our armed services. Such policy changes also
undermine Congress' clear intent to provide an expedited
naturalization process for military service-members and
veterans.
For example, the Trump Administration ended naturalization
at basic training, and made it more difficult to receive a
certification of honorable service, a document which is
essential for naturalization based on military service. The
changes made by the Trump Administration were unnecessary and
cruel.
They served no purpose but to make it harder for
individuals serving our country to become citizens. As a result
of these changes, military naturalizations declined 44 percent,
and the number of denials of military naturalization
applications increased by nearly 50 percent.
Fortunately, the Biden Administration has been working to
reverse the harmful effects of these policies. In one of his
first acts in office, President Biden directed the Departments
of Defense, Homeland Security, State, and Justice to
collaborate to facilitate naturalization for noncitizen
servicemembers.
Since receiving this directive, DHS and the VA have
collaborated to create the Immigrant Military Members and
Veterans Initiative also known as the IMMVI. This initiative
helps immigrant veterans access VA benefits and when
appropriate, apply to be paroled into the United States.
DHS is also working to remove barriers to naturalization
for servicemembers and veterans. These efforts have paid off.
In fiscal year 2021, our military naturalization numbers
returned to the levels previously seen in fiscal year 2016,
prior to the Trump Administration's intentional targeting of
this population.
Members of the military place their lives at risk in
service of this country each day. We should not prevent them
from becoming permanent members of our society. I'm pleased
that the Biden Administration is working to right these wrongs.
During this hearing, we will discuss the efforts the
administration has undertaken to help immigrant servicemembers
and veterans, including those who have been removed from the
United States as a result of convictions or other
transgressions tied to post-traumatic stress disorder, brain
injury, and other physical trauma suffered while on Active
Duty.
Such circumstances can make the transition back to civilian
life extremely difficult for veterans.
We can all agree that individuals who are rightfully
convicted of a crime should serve any reasonable sentence
imposed, but once that sentence has been served, we should not
simply turn our backs on those who sacrificed so much in
service to our country.
I want to thank Chair Lofgren for holding this important
hearing, and I thank all today's Witnesses for testifying.
I look forward to hearing about the efforts their agencies
are undertaking to ensure that we are fulfilling our promises
to our nation's veterans, regardless of their citizenship
status.
I yield back the balance of my time.
Ms. Lofgren. The gentleman yields back.
I don't believe that the Ranking Member has arrived. If he
does, we will certainly invite him to make a statement at that
time, or to accept his written statement for the record.
At this point, I would like to introduce today's Witnesses.
Debra Rogers is the Director of the Immigrant Military
Members and Veterans Initiative at the Department of Homeland
Security. Previously, Ms. Rogers served in a variety of
leadership roles at U.S. Citizenship and Immigration Services,
including as the Director of the Potomac Service Center,
Associate Director for the USCIS Field Operations Directorate,
and as Chief of the Information and Customer Service Division.
She also served as Deputy Director for the DHS Office of the
Citizenship and Immigration Services Ombudsman.
Throughout her career, Ms. Rogers has focused on helping
the military community in the immigration space. Most recently,
she helped create a USCIS military help line and established a
USCIS presence at U.S. military basic training sites to assist
service-
members with their naturalizations.
Ms. Rogers received her Bachelor's degree from Northeastern
University.
Dr. Jennifer MacDonald is the Senior Adviser for Health to
the Secretary of Veterans Affairs. Dr. MacDonald has held
several high-level roles at the department, including Senior
Adviser to the Deputy Secretary, Chief Consultant to the Deputy
Under Secretary for Health, lead executive for implementation
of the MISSION Act, and as Director of Clinical Innovation and
Education.
Dr. MacDonald is a practicing family medicine physician,
and a U.S. Army veteran. Prior to joining the VA, she served as
a White House fellow, and adviser to the Secretary of the U.S.
Department of Homeland Security. She served 11 years in the
Minnesota Army National Guard and deployed in support of
Operation Iraqi Freedom earning a Bronze Star. She received her
Bachelor's degree from the College of St. Benedict and her M.D.
from the University of Minnesota and completed her residency at
UCLA.
Stephanie Miller is a Director of Officer and Enlisted
Personnel Management and a Senior Adviser for Senior Officer
Matters in the office of the Under Secretary of Defense for
Personnel and Readiness. Previously, Ms. Miller served as the
Director of a session policy from 2015-2022.
Prior to that, Ms. Miller was a Special Assistant to both
Secretary of Defense Chuck Hagel and Ashton Carter, where she
was responsible for a broad spectrum of programs, including
military and civilian personnel policies, military forced
readiness, defense health affairs, reserve affairs, and defense
sexual assault prevention and response.
Ms. Miller received her Bachelor's degree from Villanova
University and holds a Master's degree from George Washington
University.
So, I'd like to welcome all our distinguished guests and
thank them for participating in today's hearing, and I'll begin
by swearing in our Witnesses. I ask that each of you turn on
your audio, make sure I can see your face, and your raised
right hand while I administer the oath.
So, do you swear or affirm under penalty of perjury that
the testimony you're about to give is true and correct to the
best of your knowledge, information, and belief so help you
God?
Let the record reflect that the Witnesses have answered in
the affirmative.
Please note that your entire written statements will be
entered into the record in its entirety, and therefore, we
would ask that you summarize your testimony in about five
minutes. To help you keep track and stay within the time limit,
there's a timer on your screen.
So, let's begin with you Ms. Rogers and then we will go to
Dr. MacDonald and Ms. Miller.
Thank you for your testimony.
STATEMENT OF DEBRA ROGERS
Ms. Rogers. Thank you, Chair Lofgren, Ranking Member
McClintock, and distinguished Members of this Subcommittee.
Thank you for the opportunity to testify today.
On July 2, 2021, DHS Secretary Mayorkas and VA Secretary
McDonough announced the Immigrant Military Members and Veterans
Initiative, also referred to as IMMVI. The interagency effort
was established to provide coordinated support to our country's
servicemembers, veterans, and their families. IMMVI was also a
call to action for us to really consider the deeper meaning of
thank you for your service and we support our troops.
IMMVI has focused on three main objectives: Reviewing and
updating policies to support our veterans, expanding early
access to naturalization, and assisting veterans who wish to
come home.
As part of the initiative, DHS has extensively reviewed and
updated policies to ensure military service receives proper
consideration in all DHS actions. We launched an online
resource center that centralizes Federal resources available
for servicemembers, veterans, and their families, and created a
dedicated online portal for previously removed veterans who
need help in returning to the United States.
Through these efforts, we have built trust by responding to
hundreds of requests for assistance. The law rightly provides
an opportunity for current servicemembers to apply for and gain
citizenship when they first become eligible. Often, we hear
that service-
members and veterans believe they are already citizens by
nature of their honorable service, and because they swore an
oath to support and defend our country.
DHS and DOD are working together to improve outreach and
educate servicemembers on the steps they need to take to
achieve citizenship through their military service and to
assist them in completing their process before they transition
back to civilian life.
The circumstances of veterans who have been deported are
complicated, and often reflect complex societal challenges.
These veterans are of all ages, backgrounds, and nationalities,
and most came to the United States legally as children. They
all served our country, many in Vietnam, Desert Storm, and some
more recently in the global war on terror.
What most have in common is they committed crimes that led
to their removal from the United States. These veterans
admittedly made mistakes. For most, the mistakes occurred in
the distant past. Those who were convicted of serious crimes
served their sentences in the United States before they were
deported. Many have accepted responsibility for their actions
and demonstrate rehabilitation.
They have succeeded at rebuilding their lives and often
choose to dedicate their time to supporting other veterans.
Some are currently suffering from serious medical conditions
and are in need of treatment that they are entitled to, but
cannot access at VA medical facilities in the United States.
These veterans are united in their desire to come home to
the country they serve and where they grew up and where their
families are. Through this initiative, I have met many veterans
who have been removed from the United States. I am moved by
their loyalty to our country and each other and their
resilience and optimism.
I would like to share a story of one Vietnam veteran who I
had the honor to meet. This veteran immigrated to the United
States with his family when he was seven years old. He
honorably served in the Army for two years after being drafted
in the early '70s. He was deported over 20 years ago after a
conviction for possession with the intent to distribute
marijuana. He hoped to return to the United States to help his
son, also a veteran, who served in many combat missions in Iraq
and suffers from PTSD.
The veteran needed support of his father, the father needed
medical treatment to address his heart condition, a procedure
fully covered by his VA benefits. Not every veteran is approved
to return under his initiative. Every request is handled on a
case-by-case basis. After carefully reviewing this veteran's
case, DHS granted his request for parole so that he could
support his son and receive life-saving medical care.
I am proud to work alongside the dedicated professionals
from DHS, to VA, and DOD in support of our veterans. Their
commitment is the very definition of public service. I am also
very grateful for the partnership with the passionate advocates
and veteran support groups who have been on the forefront of
this issue for decades. They call on us to do our best to
follow through and to leave no one behind.
I am pleased to report that this interagency effort is
bringing us closer to real solutions, and we look forward to
continuing to work with Congress on this important issue.
Thank you for the opportunity to testify today, and I look
forward to your questions.
[The statement of Ms. Rogers follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Ms. Lofgren. Thank you very, very much.
I'd like to hear now from Dr. MacDonald.
STATEMENT OF DR. JENNIFER MACDONALD
Dr. MacDonald. Thank you, Chair Lofgren, Ranking Member
McClintock, and distinguished Members of the Subcommittee.
Thank you for inviting me here today to discuss VA's efforts in
support of the Immigrant Military Members and Veterans
Initiative, alongside my esteemed colleagues from the
Department of Homeland Security and Department of Defense.
When this initiative was collaboratively launched in July
of 2021, Secretary McDonough reiterated VA's mission. ``It's
our responsibility,'' he said, ``to serve veterans as well as
they have served us no matter who they are, where they are
from, or the status of their citizenship.'' We at VA are proud
to work alongside our Federal partners to make that happen.
VA operates, according to statute, when determining
benefits and healthcare eligibility, and we have a
responsibility to serve veterans regardless of their current
citizenship or immigration status. To fulfill this
responsibility, we are working closely alongside DHS and DOD to
identify eligible deported veterans who may wish to access the
care and services that they have earned. We are also
collaborating with veteran service organizations, Congress, and
nonprofit groups to engage these veterans.
Notably, our Veteran Benefits Administration, operates an
office dedicated to providing benefit support services to
veterans located abroad, and VA's veterans experience office is
working to contact veterans located abroad who may benefit from
these focused efforts.
I personally had the opportunity to witness the positive
impact of these outreach efforts on September 15, 2021, at the
San Ysidro Port of Entry, where VA and DHS partnered to provide
COVID-19 vaccination to veterans. It was a gorgeous, sunny San
Diego day and we worked side by side with DHS to set up vaccine
stations, a blue tent to shade the medical observation area,
and rows of bottled water.
When everything was in place, the DHS team began to escort
veterans into the Port of Entry for vaccination. One of the
first veterans to sit down at my vaccination station had all
the decorum of a trained soldier. He sat down quietly, with his
back straight, feet evenly placed, hands set neatly in his lap,
as if we were both back at basic training. I would recognize
that Army etiquette anywhere. ``Good morning. I'm Dr.
MacDonald,'' I said. ``Veteran to veteran, thank you for your
service and I'm glad you're here today.'' His eyes widened, and
he shifted for just a moment out of his perfect posture.
``You're a vet too? What branch?'' I said ``Army.'' He
responded with a hooah and visibly relaxed.
As I asked him about allergies and COVID history, he joked
that he had so many tattoos this vaccine couldn't possibly
hurt. Then over my shoulder, he saw a group of VA personnel
with orange Polo shirts just passed the medical observation
tent. ``Are they medics?'' he asked. ``Actually, that's our
veterans benefits team. When we're done here, if you're open to
it, they want to talk to you about benefits you may be eligible
for while you wait your 15 minutes in the medical observation
tent.''
He didn't respond and the silence was so long that I looked
up. He was looking straight up at the bright blue sky trying
with all his might to hold back the tears in his eyes and after
taking a moment to compose himself, he turned to look me in the
eye and said in a very quiet voice, ``Thank you for not
forgetting us.''
That story played out repeatedly over the course of the
morning, not just at my station, but with the exceptional
nurses and pharmacists who were coordinating the event that
day. I also heard the DHS team thank those medical personnel
for vaccinating their Customs and Border Protection and
Immigration and Customs Enforcement colleagues, 54,916 of them,
in fact, through VA's fourth mission.
Our fourth mission, to support the nation in times of
national emergency, has long been an essential element to the
national response to hurricanes, earthquakes, and other natural
disasters. It is thanks to our world-class workforce delivering
on that fourth mission that we have been able to support the
nation throughout the pandemic.
From vaccinating our Federal partners to supporting
communities across America, communities where veterans and
their families live and thrive. To date, VA's completed nearly
200 distinct missions spanning all 50 States, the District of
Columbia, Puerto Rico, and Tribal communities, providing direct
clinical care, equipment, testing, training, consultation on
infection protocols, and saving lives.
In summary, VA remains committed alongside our Federal
partners to ensuring that veterans receive the benefits and
services they have earned and deserve in a manner that honors
their service. They will continue to conduct outreach to
veterans who may wish to access the care and services they have
earned, and we will continue to deliver excellence through our
fourth mission when our Federal partners call upon us.
This concludes my testimony. Thank you for the opportunity
to appear before you today, and I look forward to your
questions.
[The statement of Dr. MacDonald follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Ms. Lofgren. Thank you so very much.
Let me turn now to our final Witness, Ms. Miller. You are
recognized.
STATEMENT OF STEPHANIE MILLER
Ms. Miller. Good afternoon, Chair Lofgren, Ranking Member
McClintock, and Members of the Subcommittee. It is an honor to
be with you today. I serve as the Director of Officer and
Enlisted Personnel Management within the Office of the Under
Secretary of Defense for Personnel and Readiness. In this
capacity, I'm responsible for the oversight of all matters
pertaining to officer and enlisted military personnel policy,
and by extension, the recruitment and accession of military
personnel throughout the department.
Part of my responsibilities also include oversight of the--
Ms. Garcia. Madam Chair, it's Garcia. I'm having difficulty
hearing the Witness. It sounds a little garbly. I'm having
trouble hearing. I wonder if she could get closer maybe to the
mic?
Ms. Lofgren. Ms. Miller, could you do that, please?
Ms. Miller. I can try.
Ms. Lofgren. It could be on your side.
Ms. Garcia. It could be on mine, but the other two were
very clear, so--
Ms. Lofgren. Okay.
Ms. Garcia. Thank you. Sorry for the interruption.
Ms. Lofgren. Let's start again, Ms. Miller.
Ms. Miller. Yes, ma'am. Is this better?
Ms. Lofgren. Yes.
Ms. Miller. Thank you. Part of my responsibilities include
oversight of the department's military naturalization program,
which is managed in partnership with the Department of Homeland
Security, Citizenship and Immigration Services.
Since the founding of America's military, the United States
has strongly supported and actively promoted the recruitment
and naturalization of persons who are not U.S. nationals or
citizens. The department has a long tradition of welcoming
noncitizens into the profession of arms as critical members of
our fighting team and supporting their efforts to obtain U.S.
citizenship on the basis of hard-won, honorable military
service.
During my career as an officer in the United States Navy
and as the Department of Defense civil servant, I have served
under several Administrations, and in that time one consistent
attribute has always been the importance of taking care of the
men and women who serve in the United States military.
With respect to noncitizen servicemembers, some of my
earliest experiences in uniform stationed on USS Bunker Hill in
San Diego, California, included 15 sailors and our legal
service doctors and the preparation and facilitation of the
requirements for naturalization.
Participating in the naturalization ceremonies for both
sailors and their qualifying family members are some of the
most meaningful experiences I had while in service myself.
Today, the military recruits approximately 10,000
individuals annually who bring unique knowledge, skills, and
abilities, and directly support national security priorities.
Most recently, the department is an active participant in the
Immigrant Military Member and Veteran Initiative, IMMVI, the
interagency working group which formed after the signing of
Executive Order 14012 in February of 2021.
In collaboration with the Department of Homeland Security
and the Department of Veterans Affairs, the department has
continued to expand and improve essential services which
support naturalization of qualifying servicemembers who choose
to apply for U.S. citizenship. Well prior to the establishment
of the IMMVI, the department has worked hand-in-hand with USCIS
to improve the naturalization process. For example, to address
the challenges associated with the coronavirus 2019 pandemic,
our two agencies collaborated to establish a pilot process for
secure virtual video interviews with servicemembers seeking
naturalization rather than relying on the traditional in-person
interview requirement.
By connecting military installation legal service offices
with U.S. Citizenship and Immigration Service officials, we
were able to resume the naturalization process and address the
backlog of approximately 400 qualifying military applicants
effectively stalled in the naturalization process by the
pandemic.
Through the success of this pilot, secure virtual
interviews have become a standing option available for
qualifying applicants to ensure a streamlined means to provide
citizen opportunities around the world. The completion of the
1,000th naturalization oath of an overseas military
servicemember in May demonstrates the value of this innovative
process.
The success of this program has recently led to offering
virtual interviews and oath options to domestic bases and
installations in the U.S., which will further expedite the path
to citizenship to members of the Armed Forces and their
qualifying dependents.
Within the department, we continue our efforts to refine
and improve notification to servicemembers of their eligibility
for naturalization. The department is working to implement the
requirements in section 523 of the fiscal year 1922 National
Defense Authorization Act to ensure that a military recruit who
is not a citizen of the United States receives proper notice of
options for naturalization, and is informed of existing
programs and services that may aid in that process.
We expect to have policy in place soon to standardize best
practices from across the military services into a consistent
approach, particularly during recruitment, initial entry, and
training periods, and prior to separation or retirement from
service.
While pursuing naturalization is and always will be a
personal choice, the department is committed to proactive and
regular engagement with noncitizen servicemembers about their
eligibility to naturalize, naturalization pathways for their
qualifying dependents, and the support services within the
department to do so.
As you well know, the process of naturalization
applications is ultimately the purview of USCIS, and its
mission is critical to the department and the sustainment of
the all-volunteer force.
To that end, I would like to take this opportunity to
publicly thank USCIS for their years of partnership and
progress towards improving our military naturalization program.
Their dedicated employees who work tirelessly to facilitate
the naturalization of military servicemembers and help support
and naturalize the immigration for military family members
makes a difference in the lives of our servicemembers every
day.
Thank you for this opportunity to address this Subcommittee
today and for your continued support of the servicemembers who
volunteer to serve our great nation. I look forward to
answering your questions.
[The statement of Ms. Miller follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Ms. Lofgren. Well, thank you very much, and thanks to all
the Witnesses for their testimony.
This is the time now in our hearing when Members can
address the Witnesses with questions for up to five minutes.
I'd first like to recognize our Ranking Member, Mr. McClintock,
for his questions.
Mr. McClintock. Thank you, Madam Chair.
Director Rogers, in your written testimony you said that as
of May 11, 2021, the IMMVI team had reviewed and decided 24
requests for parole. How many of those cases was parole
granted, and how many was parole denied?
Ms. Rogers. I apologize for not unmuting. Thank you for
your question, Ranking Member McClintock. Since the initiative
was started, we've updated the numbers as of June 24th, we've
made decisions. We've received over 60 requests, and we've made
decisions on 32.
Mr. McClintock. How many were granted and how many were
denied?
Ms. Rogers. Sure. We have granted 16 cases for humanitarian
parole, and we have denied eight. We have 32 pending with three
that are just pending--
Mr. McClintock. Okay. Were any of the deported alien
veterans who've been paroled or otherwise allowed back in the
United States pursuant to IMMVI? Were they convicted of crimes
in the United States?
Ms. Rogers. Yes. Yes, Congressman.
Mr. McClintock. What crimes were each of these aliens
initially deported for?
Ms. Rogers. So, Congressman, I don't actually adjudicate
the applications. We put together a very specialized team to
review each and every--
Mr. McClintock. Can you tell me what crimes they were
deported for?
Ms. Rogers. I can get back to you on the individual cases,
but I do have--
Mr. McClintock. Great. Please do. I'd like to get that
information.
When a deported veteran who is deported for committing a
crime is paroled or otherwise allowed back in the United States
pursuant to IMMVI, does DHS contact the victim of the crime to
notify them that the alien perpetrator's being allowed back
into the United States?
Ms. Rogers. Every single case is reviewed on an individual
case-by-case basis.
Mr. McClintock. Is the victim of the crime notified you're
letting this person back into the country?
Ms. Rogers. It--we--
Mr. McClintock. Yes or no? Do you contact the victims of
the crimes, notify them that the person who committed the crime
against them is going to be back in the United States?
Ms. Rogers. I think it depends on the crimes that the
individual has committed, and they're individualized--
Mr. McClintock. If it's a crime, there's a victim involved.
You notify the victim, yes or no?
Ms. Rogers. Not all the crimes have victims that are
involved--not all circumstances are their victims involved.
Mr. McClintock. Where there's a victim involved, do you
notify them or do you not know?
Ms. Rogers. I don't--
Mr. McClintock. Please just give me a straight answer. If
you don't know, just say so.
Ms. Rogers. I will say that I cannot give you a specific
answer on an individual case because each case is reviewed in
its entirety. So, it's possible that the law enforcement
officers may--
Mr. McClintock. Okay. Were any of these deported veterans
allowed back into the country? Have they been dishonorably
discharged from the military?
Ms. Rogers. Not to my awareness, but I would have to get
back to you on that.
Mr. McClintock. So, none of them were dishonorably
discharged?
Ms. Rogers. Not to my knowledge, Congressman, because,
again, I am not personally reviewing the case.
Mr. McClintock. Well, please get back to me with an
accurate answer to that question. How many deported family
members, military servicemembers have been paroled back into
the United States under IMMVI?
Ms. Rogers. I'm sorry, Congressman. Could you repeat the
question?
Mr. McClintock. How many deported family members have been
allowed back in?
Ms. Rogers. I believe that number is three.
Mr. McClintock. Okay. Does the Immigration and Nationality
Act include an exemption from removal based on military service
for foreign nationals who commit removable offenses?
Ms. Rogers. No, there is not an exemption.
Mr. McClintock. Okay. Does the Immigration and Nationality
Act include an exemption from removal based on a family
member's military service for foreign nationals who commit
removal offenses?
Ms. Rogers. It's not in the Immigration and Nationality
Act, no.
Mr. McClintock. I believe you're correct on that.
Ms. Miller, why did the Obama Administration suspend the
MAVNI program in 2016?
Ms. Miller. Sir, the program was subject to continuous
review--
Mr. McClintock. No, no. Why did the Obama Administration
suspend that program?
Ms. Miller. Over the course of several reviews in 2016, the
most recent review indicated that there were significant
counterintelligence and security concerns within the program
that led to its suspension.
Mr. McClintock. How many MAVNI recruits were identified as
having foreign influence for foreign presence?
Ms. Miller. Sir, I don't have a definitive number or
percentage. There was a small portion of the overall population
that was determined to have a foreign influence or foreign
nexus--
Mr. McClintock. Would you get back to me on the exact
number and the details of each case?
Ms. Miller. Yes, sir.
Mr. McClintock. Thank you.
I see my time is expired.
Ms. Lofgren. The gentleman yields back.
I'd now like to recognize Chair Nadler for his questions.
Chair Nadler. Thank you very much.
Ms. Rogers, as you mentioned in your testimony, the
Immigrant Military Members and Veterans Initiative, or IMMVI,
allows DHS to accept and consider on a case-by-case basis
parole requests under section 212(d)5 of the Immigration
Nationality Act from certain noncitizen, current, and former
military servicemembers, as well as qualifying family members
of current and former military servicemembers who are outside
the United States.
This allows these individuals to seek to enter the country
to better avail themselves of the U.S. legal counsel and
systems, and to gain access to certain veteran's benefits.
Knowing that the use of DHS's parole authorities become more
controversial recently, can you describe in more detail what
factors DHS uses in making these parole determinations and why
this is actually a prime example of how DHS should be using its
parole authority?
Ms. Rogers. Thank you, Chair Nadler, for the question.
When I was assigned this responsibility back in July, we
understood how complex this situation is and the way that we
approached this initiative was to make sure that we put
together a really sound process that included specialized
training, dedicated officers who have a high level of
experience in law enforcement, as well as the immigration with
U.S. Citizenship and the USCIS staff that understand the
eligibility for certain immigration benefits, and we developed
a policy before we started making decisions on these requests
for parole.
In every single case, what we have committed to do for the
veterans, is to do a case-by-case individualized review to
consider a number of different factors in their requests,
primarily that there's an urgent humanitarian consideration or
a significant public health--public benefit to considering
their--an exercise of discretion.
The criteria includes both positive and negative factors
relating to the decision, and a three-prong process of review
where the officers from USCIS first review for eligibility for
naturalization and other immigration benefits, then the
enforcement and removal officers for review for public safety
concerns and do a deeper dive into their criminal history. Then
it goes to a supervisor for another review before the case is
made--a final decision is made in the case.
So, I think I would sum it up to say that we're very, very
careful in the way--
Chair Nadler. Sounds it. Have there been veterans at DHS
has denied for parole?
Ms. Rogers. Yes. Because we have looked at every single
case individually, the primary consideration when we deny a
case is whether there is a risk, whether there's a risk to
public safety, a current public safety risk, and that would be
an indication of recidivism or a national security concern.
We always weigh military service heavily in a positive
category, but unfortunately, sometimes the negative factors
outweigh the positive in some of the cases.
Chair Nadler. Thank you.
Dr. MacDonald, my understanding's that some of these
veterans who are receiving humanitarian parole are coming in
just so that the Department of Veteran Affairs can provide
healthcare services. Is that correct?
Dr. MacDonald. That is our understanding, Chair, that there
are veterans who very much wish to receive care and services
from VA and, therefore, seek that option.
Chair Nadler. Thank you.
My last question is for Stephanie Miller. On February 2nd
of last year, President Biden issued an Executive Order
directing DHS as well as the State and Justice Departments to
partner with the Department of Defense to ``facilitate
naturalization for members of the military.''
Ms. Miller, what actions has the Department of Defense
taken as a result of this Executive Order to facilitate
naturalization for members of the military?
Ms. Miller. Yes, sir. Thank you for your question. We work
very closely with our partners in USCIS to ensure the accuracy
of information that is provided, both in the recruitment,
accession, and later on, in the service phases.
One of the more recent activities that we've done is work
with USCIS to ensure that we have a list of the appropriate
documentation that the new servicemember may need to initiate
the process for naturalization consideration such that they can
bring that material and those documents with them to basic
training, and so they're not necessarily having to go back to
family members to try to find these documents.
Outside of that, we also work closely with USCIS to ensure
that new servicemembers, whether in basic training or initial
entry training or out in the field enforce that they have
opportunities to meet with case officers, both with USCIS and
with their legal services team to ensure that we are assisting
them in completing their applications and answering all
questions, as well as facilitating interviews, making sure that
we're helping them along the process during that application.
Chair Nadler. Thank you. My time's expired.
I yield back.
Ms. Lofgren. Mr. Buck is next, but I don't see him. So,
speak up. If not, Mr. Biggs would be recognized for his five
minutes.
Mr. Biggs. I thank the Chair.
Madam Chair, I do ask that we get a classified briefing on
the MAVNI program. It's been raised here, and I think that some
Members have not had a chance to get a full classified briefing
really, quite frankly, on that program and I'd ask for that.
I'll now go to Ms. Rogers. Ms. Rogers, all the veterans who
were deported were deported based on an order of removal issued
by an immigration judge. Is that so? I think you're muted.
Ms. Rogers. Sorry. Yes, Congressman, that is correct.
Mr. Biggs. So, I just want to be clear about that, because
DHS is using parole then to allow individuals to enter the
United States to circumvent the law. The recent omnibus
appropriations bill requires DHS to provide quarterly reports
``on the number of parole requests received and granted and for
those granted the rationale for each grant in its duration.''
The first report was due on May 14th, but we haven't
received that. Do you know what the status of that report is?
Ms. Rogers. I'm sorry. I don't know the status of that
report, but I can get back to you, Congressman.
Mr. Biggs. It was due May 14th. We're over a month late.
I'm going to ask you if you would commit to get that to the
Committee by the end of this week. Would you do that, please?
Ms. Rogers. That report--I'm not familiar with that report.
It's not within my responsibility, so, unfortunately, cannot
commit to providing that to you by the end of this week, but I
certainly can commit to checking and finding out the status of
it.
Mr. Biggs. I think that would be appropriate if you all
would get on that since it's now six weeks old and past due.
So, I just want to point out that we're having this hearing
today. We should be having Secretary Mayorkas in, because he
testified that the border was operationally secure, even after
reviewing the statute, Secure Fence Act. The problem for
Secretary Mayorkas is exactly a week later in responses to
questions from Senator Langford, he then hedged his bet and
said, well, you know what--and I'm going to quote here,
``Actually, there's a statutory definition which provides, if
I'm not mistaken, and I'll double-check to make sure.'' Now, I
find that interesting since I know I read it too and I know
Chip Roy read to him, but he went on to say, ``So, under that
strict definition, this country's never had operational
control.''
There's a big difference between what he told Chip Roy when
he said we had, ``operational control'' and then a week later,
admitting that he didn't. So, I wanted to submit, Madam Chair,
transcripts of those two hearings for the record.
Ms. Lofgren. Without objection.
[The information follows:]
MR. BIGGS FOR THE RECORD
=======================================================================
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Video of the April 28, 2022, Committee on the Judiciary
hearing entitled, ``Oversight of the Department of Homeland
Security,'' can be viewed at the following link:
https://www.youtube.com/watch?v=U8QE1RjM-Qs
Mr. Biggs. Thank you. I also think this Committee should be
investigating why the Biden Administration is violating the
rights of Americans, particularly members of the military by
forcing them to get COVID-19 shots. It's troubling that
Department of Defense is forcing servicemembers out of the
military who object to COVID-19 shot. It's also troubling the
Biden Administration is implementing radical woke policies in
the Department of Defense.
Let's get to this for a second. The INA has cleared illegal
aliens, seeking--shall be detained even if they're seeking
asylum. So, if they're seeking asylum, they should be detained,
but under the Biden Administration, more than a million illegal
aliens have been released into the United States since January
2021. Nearly 100,000 were released just last month, and I think
we need to be holding that.
So, Ms. Rogers, it sounds to me like the Biden
Administration is, once again, misusing one of its favorite
tools and that is the tool of parole. Secretary Mayorkas
continues to abuse the limited authority that Congress has
given him to grant parole. The fact that DHS has paroled nearly
400,000 aliens into the United States since January 2020 should
be shocking to every member of this Committee. That's not what
parole was designed to do.
How many previously deported individuals have been paroled
into the United States under the IMMVI program, please?
Ms. Rogers. Thank you for the question, Congressman. We
have had 16 veterans.
Mr. Biggs. I thought that's what you said, yes. I thought--
let me ask you this question: Last Congress, this Subcommittee
held a hearing, and one of the Witnesses was a veteran who was
deported after he had fired a weapon at an occupied vehicle.
So that, in and of itself, is interesting. So, I'll ask
you, Ms. Miller, are individuals who fire weapons at occupied
vehicles the types of individuals that your office is
advocating for to be allowed to reenter the United States?
Ms. Rogers. Is that question for me, Congressman Biggs or
is that--
Mr. Biggs. I'm sorry, yes. I'll ask Ms. Rogers same thing.
I mean, Ms. Miller, the same thing.
Ms. Miller first, and then Ms. Rogers.
Ms. Miller, if you'd answer that, please.
Ms. Miller. Sir, with respect to any prior criminal
activity, that's certainly something that is reviewed very
seriously with respect to qualifications for military services,
and in most case, if it's an egregious criminal act, then they
would be prevented from joining the military services.
Ms. Lofgren. The gentleman's time has expired, but Ms.
Rogers can certainly answer the question.
Mr. Biggs. Thank you, Madam Chair.
Ms. Rogers. Yes, thank you. So, I'm not sure which veteran
who testified, but--
Mr. Biggs. Barajas.
Ms. Rogers. Okay. If it's who I think--I thought that may
have been who you were referring to. He actually was eligible
for citizenship and is a U.S. citizen today because he
qualified under section 329 of the Immigration and Nationality
Act for citizenship.
Mr. Biggs. Madam Chair, I'll yield back.
Ms. Lofgren. The gentleman yields back.
Ms. Jayapal is recognized.
Ms. Jayapal. Thank you, Madam Chair.
Immigrants have defended the United States in every major
conflict since the Revolutionary War, yet anywhere from a few
hundred to a few thousand immigrant veterans are estimated to
have been deported. That is unacceptable, and I'm very proud
that President Biden has taken steps to not only stop
deportations of veterans, but also to allow deported veterans
to return and to ensure immigrant servicemembers and their
families can become citizens and have access to military
benefits.
So, I have a number of questions. If you wouldn't mind just
keeping your answers short so I can get through all of them, I
would certainly appreciate it.
Ms. Rogers, the first several are for you. Would you agree
that it's in the best interest of our national security to
naturalize immigrants serving in the military?
Ms. Rogers. I would say that my opinion doesn't--is really
not relevant because under section 329 of immigration law,
they're eligible to apply and become citizens.
Ms. Jayapal. We've heard from previous Witnesses that this
is very important. For instance, if we had someone with a green
card from South Korea who enlists and is stationed in South
Korea, this person could be subject to arrest because there's
mandatory military conscription for men in South Korea. So, we
put our own military folks in danger by not ensuring
citizenship.
In your opening statement, Ms. Rogers, you mentioned that
USCIS cannot complete a naturalization application from an
Active Duty servicemember without certification of their
service from DOD. Can you briefly discuss some of the
interagency obstacles that currently exist to making
naturalization at basic training a reality for all noncitizen
servicemembers?
Ms. Rogers. Yes. USCIS and DOD, as my colleague, Ms.
Miller, stated, worked very closely in partnership to support
members of the military in accessing citizenship. The form
you're talking about, the certification of service, is required
before USCIS can proceed with an application, and I would defer
to my colleague, Ms. Miller, to discuss that process further as
it is a DOD function.
Ms. Jayapal. Would you like to respond to that, Ms. Miller,
briefly?
Ms. Miller. Yes, ma'am. As a result of a court order in
August of 2020, the department currently is certifying N-426
requests. In as little as the first day of qualification at
basic training, the individual has the opportunity to request
that certification and ensuring that the proper requirements
are met, an 06 officer or higher, goes through the process of
certifying that. Then working closely with USCIS who ensure the
next steps in the process are facilitated between the two
agencies.
Ms. Jayapal. Are there additional authorities, Ms. Rogers,
that you or DOD require to make this happen or make it happen
more quickly?
Ms. Rogers. There are other requirements to naturalization,
is that what you're referring to, Congresswoman, or other
obstacles? I'm not sure--
Ms. Jayapal. It's really more broadly. The question for you
in terms of how do we ensure that we are being most efficient
and quick with these applications?
Ms. Rogers. Well, first, the most important thing is the
partnership between USCIS and DOD, and the communication with
the servicemember, because when the servicemember--it's really
important for our servicemember, as I stated in my opening
remarks, to understand that there's a process to becoming a
U.S. citizen. There's an application that needs to be filed.
They have to get the certification from their commanding
officer and it's very, very important that we continue to
foster our partnership with DOD, and as a matter of fact, we
have started to enter into discussions about putting together a
formal agreement about where the touch points will be for the
servicemembers.
Ms. Jayapal. Thank you. I have a question for Ms. Miller.
Only the Navy has facilitated naturalization for its
servicemembers, correct?
Ms. Miller. No, ma'am. All services facilitate
naturalization on behalf of qualifying servicemembers and have
legal service officers who are trained to help expedite that
process.
Ms. Jayapal. Well, what I meant to say is, has facilitated
naturalization at basic training. Is it only the Navy that has
done that at basic training?
Ms. Miller. The Navy is working to determine if it would be
appropriate to establish a permanent office within their basic
training location, the other basic training locations within
the other services work with USCIS case officers and bring them
in on a periodic basis rather than having a permanent
establishment.
Ms. Jayapal. I would like to come back to this. My time is
expired, but our understanding is that it's only the Navy that
has been doing this, and so, I want to make sure that we are
working with DOD to expand naturalization among servicemembers.
Madam Chair, I yield back.
Ms. Lofgren. The gentlelady yields back. Mr. Tiffany is now
recognized for five minutes.
Mr. Tiffany. Thank you, Madam Chair.
Director Rogers, we just heard in previous testimony that
there were some significant counterintelligence concerns with
the program that was set in place during the Obama
Administration.
Can you guarantee us that we will not allow someone to
enter who has those significant counterintelligence concerns,
in particular, in regard to China, which is extremely
aggressive in trying to mole into our Armed Services?
Ms. Rogers. Congressman, are you referring to the MAVNI
program?
Mr. Tiffany. That is correct.
Ms. Rogers. So, I would, of course, defer to my colleague
at DOD to respond to the security checks that went--
Mr. Tiffany. Ms. Miller, would you please--thank you very
much for that, Director.
Ms. Miller, would you care to comment on that?
Ms. Miller. Yes, sir. We certainly have a tremendous amount
of lessons learned with respect to the outcomes of the MAVNI
program, which we worked very hard to build in to revised
background investigation and screening protocols with our
colleagues in intel and security.
A few years ago, we did establish a new protocol called the
expedited screening protocol. It's a program that optimizes
data sources from the classified and unclassified data systems
for multiple point of identity detection efforts--
Mr. Tiffany. Ms. Miller, I really appreciate the answer,
but I have a limited amount of time.
Can you guarantee us no one is going to get in as a result
of this new program that's going to jeopardize our intelligence
here in America?
Ms. Miller. Well, sir, since this is a new program and
while I certainly am not in a position to guarantee that there
will be absolutely no one in the forthcoming future, I do know
that our current expedited screening protocol procedures are a
much improved process and has had positive results.
Mr. Tiffany. Thank you. Yeah. Thanks.
That's very clear. You can't guarantee it, and it's part of
the reason we should be so circumspect here. It's no different
than Afghanistan, when the Department of Defense or--excuse
me--Department of State said: ``Just get them on the planes.
We'll worry about the immigration stuff later. ``
We've already lost 50 people according to the inspector
general using the parole program here by the Department of
Homeland Security.
Americans' national security is being jeopardized every
day. We're certainly seeing it down on the southern border.
Unfortunately, we've got the right issue here today, but it's
the wrong topic. It should be about securing our southern
border.
We heard about root causes by the Vice President, who is in
charge of securing the border, about a year ago, but this
nonenforcement of our immigration laws just appears it's going
to continue on pace. What do we get as a result of that?
We have the largest human trafficking operation, possibly
in the history of the world, being conducted by or complicit--
the United States government is complicit in that as a result
of the Biden Administration. We're seeing it. I was down in
Panama. I've been down to the southern border. I've seen how
it's operating. The United States government is complicit in it
at this point. What do we see? We see 51 people that were
broiled to death this week down in Texas.
These are the type of things that are happening. One in 10
people, they estimate, going through the Darien Gap trying to
get to America from Panama are dying en route. This has turned
so deadly, and it all started on January 20, 2021, with the
Biden Administration. The Biden Administration has done this.
What I would say, Madam Chair: Why don't we do something
about it? How about in this Committee right here? How about if
we take action? What if we stop dealing with things--while this
is an important issue certainly to a few of the people, as we
see with the numbers, this is--what I'm referring to is
important to all Americans. We have no controls on the border.
We have no idea who is in our country.
Fentanyl is flowing freely into our communities. In fact,
Madam Chair, you just saw it in your State in the last week
where a district attorney allowed people off on bail that had
enough fentanyl to kill tens of thousands of people. Taxpayer
funds are being used to move illegal immigrants across our
country. That's what Americans can continue to expect under
this administration.
We can do better. Madam Chair, we're prepared to roll up
our sleeves and get solutions, so we don't have another 51
migrants broiled to death down in Texas. You can be assured,
though they may die in another manner, there is going to be
many more because that's what we've been seeing since January
20, 2021.
I yield back.
Ms. Lofgren. Gentleman's time has expired.
Mr. Correa, you are now recognized for five minutes.
Mr. Correa. Madam Chair, thank you very much.
I want to thank our Witnesses for being here today.
This is a very important hearing because this is about
keeping our country strong. It's about keeping our commitment
to our veterans, keeping our promise to those that go off and
fight in foreign lands for our freedom as well as freedom of
those around the world. When they come back to the U.S., we've
got to make sure we take care of them.
General question, if I can have a quick answer. We're
talking about non-U.S. citizen veterans. Have they been
promised by their recruiters U.S. citizenship upon honorable
discharge? Do you know that, yes or no, any of the Witnesses,
please?
Ms. Miller. So, sir, it seems appropriate for me to answer
from the Department of Defense. Our recruiters do not promise
because the department is not in the position to promise the
outcome of a naturalization application. They certainly do talk
to noncitizen recruits about--
Mr. Correa. If I can interrupt you, because I have very
little time here. You've got a noncitizen who essentially comes
into our military, takes the oath to protect our flag and our
country.
Many of them don't make it back to the U.S.; many of them
make the ultimate sacrifice. I have one of them here in my
district, Jose Angel Garibay; 20 years ago, a noncitizen, was
the first Orange County casualty of war, made the ultimate
sacrifice in Iraq. Came back to the U.S.? No, he didn't come
back.
We gave him U.S. citizenship posthumously. His mother
couldn't get a driver's license for another 10-15 years. That's
how messed up our system is.
My point to all of you is, why haven't we come up with a
system where every noncitizen who serves in our--to our
country, is honorably discharged--why can't we come up with a
system so, by the time they're out, they get citizenship?
What's holding us back? Earned citizenship, why can't they get
that?
Ms. Rogers?
Ms. Rogers. I can start. Yes, certainly.
I think that this is the whole point of this initiative, is
to make sure that our partnerships with--
Mr. Correa. Excellent. Excellent. Let me move to the next
question.
How many noncitizens serve in our Armed Forces right now?
What percentage of our military are noncitizens?
Ms. Rogers. I believe it's three percent, but I certainly
defer to Ms. Miller on the exact numbers. About 10,000 a year.
Mr. Correa. Ms. Miller?
Ms. Miller. Correct.
Mr. Correa. How many is that in absolute numbers? Do you
know?
Ms. Miller. I think, right now--I will make sure I provide
the Committee the full number. As Ms. Rogers said, we have
about 10,000 that come in per year, and then they subsequently
seek to be naturalized.
Mr. Correa. These are people that swear an oath to protect
our country.
How many of those are actually security risks? How many of
those are working for a foreign country? No answer?
Ms. Miller. Sir, some of those answers would be at a
classified level.
Mr. Correa. Okay. In terms of healthcare, it's my
understanding--I've gone out to Tijuana, Mexico, to visit with
deported veterans. They're deported for a number of reasons--
some, battery and drugs. The primary reason they're deported is
because of drugs. PTSD, and this is what they turn to, and that
leads to other issues.
It's my understanding, though, that a lot of these veterans
are able to access healthcare in Mexico. Is that correct?
Dr. MacDonald. Congressman, VA does provide a reimbursement
program called the Foreign Medical Program for Veterans Living
Abroad.
Mr. Correa. Okay.
Dr. MacDonald. With a few exceptions, that is the authority
that we have to help veterans access healthcare abroad. It is
only within the U.S. that we are able to provide direct
healthcare, again, with those limited exceptions.
Mr. Correa. I'm running out of time, so let me jump around
to a different issue.
The immigration judges, one of my colleagues asked
earlier--these individuals, once they're convicted of a certain
crime, they're essentially deported. Those immigration judges
do not have any discretion. If a noncitizen resident versus a
noncitizen veteran is convicted of the same crime, they're both
deportable. A veteran who served honorably, that issue is not
taken into consideration by an immigration judge. Is that
correct?
Ms. Rogers. The immigration court procedure is very
complicated. What we have seen in these cases is that some of
the attorneys have gone back and requested mitigation of their
original criminal conviction, which has helped. Every case is
very complicated, and those veterans really need that--
Mr. Correa. I'm running out of time, Ms. Rogers. Thank you
very much.
I believe that there is no discretion here for judges when
they have these defendants in front of them. They may have been
a war hero, gotten medals, and lost limbs. That's not
considered when they're up for deportation.
Thank you very much, Madam Chair. I yield.
Ms. Lofgren. Thank you back. The gentleman yields back.
Ms. Garcia is now recognized.
Ms. Garcia. Thank you, Madam Chair, and thank you for
hosting this very important--very important hearing.
As has been said, this is something that many of us have
been talking about. I know we've had a previous hearing. For
many years, the Congressional Hispanic Caucus has consistently
advocated for the rights of our immigrant veterans and members
of our military families.
As a Member of this Committee and a Member of the
Congressional Hispanic Caucus, I want to thank the Chair for
recognizing the great importance of this hearing.
We have, Madam Chair, a moral obligation to those who have
served our nation and our armed services. Since the
Revolutionary War, immigrant servicemembers have continued to
fight in every major conflict throughout our history. That
obligation is not limited to our military members. It extends
also to their families.
All of us who have family members that have joined the
service know the pain and sacrifice of seeing our loved ones
head overseas to fight for our liberty without knowing if or
when we'll ever see them again. Those who have served our
country have paid for their actions and who do not pose a
threat to us, and they should not be condemned to exile simply
because of their status. They should be allowed to--through the
process with their pending immigration proceedings within the
United States, in the nation where they took their oath and
where they defended our country.
They should also receive the comprehensive healthcare
benefits that they richly deserve. I want to commend the
efforts of the Biden Administration in dignifying our veterans
and service-
members who have served and sacrificed for our country.
I want to start to make sure--I want to make sure, Ms.
Miller. Our notes tell us that there's 45,000 actively serving
LPRs, legally permanent residents, in the military. You said
you get 10,000 a year. So, would 45,000 be accurate for the
number that is currently serving?
Ms. Miller. Yes, ma'am. That is what we believe is
accurate. Our systems only really capture either citizen or
noncitizen. Then, once they naturalize, that system changes to
citizen. So, it's sometimes difficult to account for the total.
Ms. Garcia. They are legally permanent residents. They're
not, as one of my colleagues characterized and--to a word I
detest, I find very offensive--used the word ``alien.'' These
are soldiers. A soldier is a soldier. So, they are LPRs. They
are soldiers, and they are people that we need to honor with
dignity and respect, because they've taken the oath of office
to defend our country and our flag. So, just want to be clear
on the population that we're talking about.
So, I want to ask Ms. Rogers--and thank you. It's good to
see you again. I know you've presented to the Congressional
Hispanic Caucus, and I see you've made some progress. What
other efforts does your agency make to ensure that the veterans
that have been deported, that have issues, or have issues with
their families can receive the attention that they need?
Ms. Rogers. Thank you, Congresswoman Garcia. It's good to
see you again, too.
We have really taken a very holistic approach to this
initiative. We have a special portal for veterans who are
outside the United States who are seeking to return home. That
is staffed with experienced officers who can assist them with
their cases. We have a really robust website that provides lots
of resources for veterans, military members, and their
families.
I think the best thing that has happened through this
initiative is the interagency coordination and our ability to
look at the problem holistically. For example, when we're
working on a case, we're often--almost daily are reaching out
to the VA for assistance with verifying the VA benefits
eligibility and what kind of healthcare a servicemember--a
veteran might be eligible for. So, this relationship is only
going to get stronger over the next year, and we're going to
continue to really improve the services for our veterans.
Ms. Garcia. Well, thank you. I see some progress even since
the last time we saw each other.
I want to go back to Ms. Miller and following up on a
question my colleague, Ms. Jayapal, asked you.
You seemed to say that all the military branches under--do
not have a process or a system or a program in place at the
basic training level to ensure that the new recruit knows that
you are there to support them through this process. Did I hear
that clearly, or did you say the Navy was considering it? What
about the Army, the Coast Guard, and everyone else?
What are you all doing to make sure everybody's doing it so
that the soldier who has the expectation that you would help
does, in fact, get help?
Ms. Miller. So, ma'am--
Ms. Lofgren. The gentlelady's time has expired, but the
Witness can certainly answer.
Ms. Miller. Yes, ma'am. In brief, each service has their
own distinct program by which they work with new recruits at
basic training to inform them of their ability to pursue
naturalization and what that looks like and that we have legal
service officers to help them.
The difference is that the Navy is looking at permanently
establishing an office at their basic training location whereas
the other services have programs where they bring in the case
workers and the legal services officers. So, same services are
being provided, and just in different fashions.
Ms. Garcia. All right.
Madam Chair, I do have a follow-up to that, and I'll submit
it in writing. Thank you.
Ms. Lofgren. Okay. Very good. The gentlelady yields back.
Ms. Jackson Lee, you are recognized for five minutes.
Ms. Jackson Lee. Thank you to the Chair and the Ranking
Member for bringing us together on an important matter.
As I begin--as I begin--there I am.
As I begin, let me, first, indicate that Texas, because of
the number of untoward policies and some inadequacies in
responding to the crisis of smuggling, has seen the largest
number of deaths of migrants who are coming into this country
under circumstances of desperation, are coming to be united
with family, coming for work, coming and fleeing persecution of
gangs and violence and death, murder, and rape.
So, in the last 48 hours, 51 dead migrants were found in an
18-wheeler near San Antonio. I want this Committee to have my
voice and the record to note that we have acknowledged their
death, that we are sad regarding their death, and that we are
taking a mental moment of silence for this heinous and absurd
tragedy.
Until America fixes its broken immigration system, passing
comprehensive immigration reform, which myself, the Chair, and
many Members of this Committee have filed over and over again
with vast agreement around the nation from the work on AG
procedures to help our farmers; to DACA, still undone; to
Uniting Families, undone, that we've worked very hard. To the
dismay of those of us who have tried to use the legal system,
immigration opponents blindly, without thinking, without
reviewing, without understanding, have blocked this
legislation.
So, I want to add into the record ``Two Men Charged in
Connection With Deaths of 51 Migrants'' and now three. I ask
unanimous consent to place this into the record.
Ms. Lofgren. Without objection.
Ms. Jackson Lee. I would hope that we will have an
opportunity, Madam Chair, to go back to this issue and look at
the horrors of what happened, and how did it happen? It's not
just the failure in terms of the individuals who have come out
of desperation, but there are a whole lot of elements that we
should address.
Let me quickly ask to put into the record ``ICE deported
veterans while 'unaware' it was required to carefully screen
them.'' I ask unanimous consent, a Washington Post article.
Ms. Lofgren. Without objection.
Ms. Jackson Lee. I ask unanimous consent.
Then ``Military service was once a fast track to U.S.
citizenship. The Trump Administration keeps narrowing that
possibility.'' These policy changes hurt military recruitment
and effectiveness.
I ask unanimous consent to place that into the record.
Ms. Lofgren. Without objection.
[The information follows:]
MS. JACKSON LEE FOR THE RECORD
=======================================================================
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Ms. Jackson Lee. Let me quickly ask a question to the
Witnesses on--and note for the record that there are 45,000
active veterans--active military that are immigrants, and 2.4
million that are of immigrant origin.
Let me ask Dr. Jennifer MacDonald: Can you estimate the
value of having the opportunity to recruit veterans and also
that happen to have an immigrant history or migrant background,
and, as well, how important it is to address this question as
relates to the dealing with the health benefits when they are
not treated fairly and are screened, or deported, rather?
What negative impact happens to both the veteran, but also
military service?
Dr. MacDonald. Congresswoman, we know that veterans who are
able to access VA healthcare and benefits do better not just in
the first year of transition, where challenges arise and many
veterans face mental health concerns, adjustments to society as
they exit the military--this is why we've initiated a program
called Solid Start that aims to contact veterans multiple times
throughout that first year.
We, also, know that the benefit of accessing healthcare and
benefits extends throughout the rest of that veteran's life.
It's essential to us, and that's why it's a top priority for us
to make sure that we reach out to each and every veteran who is
eligible for care and services that they've earned in the
military.
Ms. Jackson Lee. We've heard the word ``criminal,'' and
have you notified the victims, and we are all very concerned to
make sure our nation is safe. Can you tell us that these
immigrant veterans that are just randomly deported because of
the very harsh implementation of the Trump Administration, that
they're making it harder for them to receive a certificate and
background checks and other things, that you feel that you can
put a protocol in place that would vet these veterans and
ensure that they can get into services that make them safe and
contributing citizens in the United States?
Ms. Lofgren. The gentlelady's time has expired, but the
Witness can answer the question.
Ms. Jackson Lee. I thank the Chair.
Dr. MacDonald. Thank you, Congresswoman. I will defer to
Ms. Rogers on that question. The VA does look forward to taking
care of each and every veteran eligible to seek care with us.
Ms. Jackson Lee. Yes. Ms. Rogers?
Ms. Rogers. Yes. I would add--and thank you--that you,
under the IMMVI initiative, DHS is doing everything in its
power and within its discretion to make fair decisions for all
the veterans. I do think, at the end of the day, that goal is a
temporary status in the United States. It is not a permanent
solution for the challenges that we see with the veterans who
have been removed.
Ms. Lofgren. The gentlelady's time has expired.
Ms. Scanlon is recognized.
Ms. Scanlon. Thank you, Madam Chair, for holding this
important hearing.
As we're working to address a variety of immigration
matters through this Subcommittee, I think it's really
important that we make sure we're keeping our promises to
immigrant members of our military and veterans who faithfully
served in our Armed Forces in every major conflict since the
Revolutionary War.
So, I come from a legal services background, and one thing
that I've worked with over time is helping veterans to receive
benefits. Often they need legal representation to work through
the benefits system. They get denied when they shouldn't. They
have trouble putting together their claim, getting enough
documentation, et cetera.
So, Ms. Jackson Lee and I have both been working on
medical-legal partnership bills to try to make sure we've got
more services, legal aid services for veterans. In this
country, we don't provide legal services to immigrants.
So, I'm curious if each of our panelists could speak to
whether you think that providing some legal aid to veterans who
might be seeking legal status would be helpful, maybe starting
with Ms. MacDonald?
Dr. MacDonald. Congresswoman, we certainly know that there
are veterans, both those who are seeking procedures through the
immigration system and those who encounter the legal system in
other ways, who need legal aid. To support them, we've made
available on our website a unification of resources, pro bono
legal services that they may access.
This is also available through the resource center that was
launched in coordination with the portal in February as part of
IMMVI. We recognize that access to those services is important.
Beyond that, Congresswoman, I'll defer to my DOD and DHS
colleagues.
Ms. Scanlon. Director Rogers?
Ms. Rogers. Yes. I think that this issue of access to
counsel is probably one of the biggest challenges that we've
seen within this program. Just to put it in context, we've had
about 144 inquiries through the portal from veterans who are
outside the United States. As a result of those inquiries, we
have advised them of what the process is, if they're interested
in filing a request for humanitarian parole, and only 60
veterans have applied. We do think, through our coordination
and consultations, our engagements with the stakeholder
community, that the reason for that low number is because the
process is so complex, and they do not have access to counsel.
Ms. Scanlon. Do you have anything to add, Ms. Miller?
Ms. Miller. Ma'am, we too agree that having access to
informed and qualified legal support services within the
Department of Defense has been very helpful for our
servicemembers who are seeking naturalization.
Ms. Scanlon. Yeah. I mean, we know that, just generally,
the immigration system is pretty complex and that having access
to counsel makes a huge, huge difference in people's ability to
navigate that system when they have legal claims under our
system. So, I appreciate that input.
I had one more question for Ms. Miller. Under the Obama
Administration, there was a program called the Basic Training
Initiative, where immigrants who joined any branch of the
military had the opportunity to naturalize and become U.S.
citizens at basic training. This seemed as though it was an
effective way to tick that box and have it happen when people
were onboarding, as it were, onboard in multiple ways.
So, we know the Trump Administration ended that initiative
and made it harder for military members to naturalize. I think
they about halved the number of military members who were
naturalizing annually.
So, I understand the U.S. Navy has reinstituted that
process, but the rest of the service branches have not. Does
the Department of Defense plan to coordinate with USCIS to
bring this initiative back to the other branches?
Ms. Miller. Ma'am, we continue to evaluate the best method
to deliver services to qualifying recruits, whether they're in
basic training, initial entry training, or during their career.
As we mentioned before, the Navy has brought back some of those
elements of the basic training program, and the other services
have partnerships with USCIS where they periodically bring in
legal services and case workers.
That appears to be working--both methodologies appear to be
working, and the feedback we get is good. We continue to
evaluate whether it makes sense to reestablish those base-level
offices. We want to ensure that, in addition to support of
basic training, that we're providing the same level of support
beyond basic training.
Ms. Scanlon. Okay. Thank you.
I see my time has expired, so I yield back.
Ms. Lofgren. The gentlelady yields back.
I now recognize myself just for some concluding questions.
First, I want to thank all the Witnesses and Members for
their participation today. I do think it's very important that
we live up to our commitment to the veterans of this country.
All of us are so lucky that we were Americans just through the
circumstance of our birth. You know, how lucky we are.
These are individuals who have decided to volunteer to
defend the country. They've taken a step beyond just the good
fortune of getting born in the United States, and the
recognition of that must be taken.
As I listen, I'm mindful that we need to make this very
simple. Obviously, the naturalization at the front would avoid
other problems at the end. I'm not a veteran. I never went
through basic training. My husband has talked to me what basic
training is like and, from what he said, they very rarely ask
the people in basic training what they want to do; they tell
them what to do.
So, obviously, no one will be naturalized against their
will, but I think that this should be automatic--an application
should be put in front of a noncitizen soldier, and they can
decide. If they don't want to follow through, that would be up
to them. I do think it's incumbent on the Defense Department to
make that part of the entire system.
Like the Ranking Member, I'm interested in additional data.
We did get a rundown of just the 144 requests for assistance
through the portal. I think it's interesting that, of those who
inquired, only seven were under 40 years old, and most were
over 40. Most of the offenses were drug offenses, and some were
not any criminal offenses.
The ages of the conviction, all but two were over five
years old, and 108 were more than 10 years old. So, I think it
would be good to find out kind of the nature of this population
just so we understand it.
Having said that, the real question before us is whether
someone who has volunteered to serve their country in the U.S.
military, who gets out and messes up, should, in addition to
paying the penalty under the criminal law for messing up, also
be expelled from the United States.
With unanimous consent, I'll put a statement into the
record from the American Legion.
They argue that veterans should not be deported and that,
for those who have already been deported, that a visa be made
available to them to come back, that there shouldn't be a
special penalty for those who have messed up.
As we all know, those who serve, especially in brutal
combat, can suffer emotional distress, PTSD, that can lead to
problems in later life.
I'd also ask unanimous consent to put into the record a
statement from the Chair of the Veterans' Affairs Committee,
Mr. Mark Takano, in favor of these efforts, as well as a letter
by Ken Olsen about Broken Promises.
Without objection, those items will be made part of the
record.
[The information follows:]
MS. LOFGREN FOR THE RECORD
=======================================================================
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Ms. Lofgren. I hope that we are able to take some action to
smooth the return of those who served their country in the
United States military and who ended up outside of the United
States. I give credit to the administration for the proactive
action that's been taken using the parole authority that is
within the Immigration and Nationality Act, but clearly that is
not the easiest way to proceed to right what I think the
American Legion would argue is a wrong.
I'm hopeful that we can move forward to pass legislation to
honor our veterans, to make sure that they get the respect that
they earned through their service to our country.
I would also note that looking at the demographics, the
vast majority of those who have inquired about the parole
program have been removed for more than 20 years. Many of them
are elderly over 60; some between 70-80 years of age.
These are individuals who served their country in combat,
who need the veterans' benefits that they earned, and we need
to do what we can to honor their service to them.
At this point and without objection, we will note that the
record will remain open for five legislative days for
additional written questions that can be sent to the Witnesses.
We ask, if that does occur, that you answer those questions,
and other questions that may be sent to you, as well as the
data that has been asked, we will pursue.
Without objection, hearing no objection, this concludes
today's hearing.
I, once again, like to thank our Witnesses and the Members
for participating.
Without objection, this hearing is now adjourned.
Ms. Garcia. Thank you, Madam Chair, and happy Fourth of
July.
Ms. Lofgren. To all of you.
[Whereupon, at 3:32 p.m., the Subcommittee was adjourned.]
APPENDIX
=======================================================================
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
QUESTIONS AND ANSWERS FOR THE RECORD
=======================================================================
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[all]