[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1089-S1090]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1976. Ms. DUCKWORTH (for herself and Mr. Wyden) submitted an
amendment intended to be proposed by her to the bill H.R. 2579, to
amend the Internal Revenue Code of 1986 to allow the premium tax credit
with respect to unsubsidized COBRA continuation coverage; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--Visas for Veterans
SEC. ___1. SHORT TITLE.
This subtitle may be cited as the ``Veterans Visa and
Protection Act of 2018''.
SEC. ___2. DEFINITIONS.
In this subtitle:
(1) Crime of violence.--The term ``crime of violence''
means an offense defined in section 16 of title 18, United
States Code--
(A) that is not a purely political offense; and
(B) for which the noncitizen has served a term of
imprisonment of at least 5 years.
(2) Deported veteran.--The term ``deported veteran'' means
a veteran who--
(A) is a noncitizen; and
(B)(i) was removed from the United States; or
(ii) is abroad and is inadmissible under section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(3) Noncitizen.--The term ``noncitizen'' means an
individual who is not a national of the United States, as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Service member.--The term ``service member'' means an
individual who is serving as--
(A) a member of a regular or reserve component of the Armed
Forces of the United States on active duty; or
(B) a member of a reserve component of the Armed Forces in
an active status.
(6) Veteran.--The term ``veteran'' has the meaning given
such term under section 101(2) of title 38, United States
Code.
SEC. ___3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE
UNITED STATES; STATUS FOR NONCITIZEN VETERANS
IN THE UNITED STATES.
(a) In General.--
(1) Duties of secretary.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall--
(A) establish a program and application procedure to
permit--
(i) a deported veteran who meets each requirement under
subsection (b) to enter the United States as an alien
lawfully admitted for permanent residence; and
(ii) a noncitizen veteran in the United States who meets
each requirement under subsection (b) to adjust status to
that of an alien lawfully admitted for permanent residence;
and
(B) cancel the removal of any noncitizen veteran ordered
removed who meets each requirement under subsection (b) and
allow the noncitizen veteran to adjust status to that of an
alien lawfully admitted for permanent residence.
(2) No numerical limitations.--Nothing in this section or
in any other law may be construed to apply a numerical
limitation on the number of veterans who may be eligible to
receive a benefit under paragraph (1).
(b) Eligibility.--
(1) In general.--Notwithstanding any other provision of
law, including sections 212 and 237 of the Immigration and
Nationality Act (8 U.S.C. 1182 and 1227), a veteran shall be
eligible to participate in the program established under
subsection (a)(1)(A), or for cancellation of removal under
subsection (a)(1)(B), if the Secretary determines that the
veteran--
(A) was not ordered removed, or removed, from the United
States due to a criminal conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national security of the
United States for which the noncitizen has served a term of
imprisonment of at least 5 years; and
(B) is not inadmissible to, or deportable from, the United
States due to a criminal conviction described in subparagraph
(A).
(2) Waiver.--The Secretary may waive the application of
paragraph (1)--
(A) for humanitarian purposes;
(B) to ensure family unity;
(C) due to exceptional service in the United States Armed
Forces; or
(D) if such waiver otherwise is in the public interest.
SEC. ___4. PROTECTING VETERANS AND SERVICE MEMBERS FROM
REMOVAL.
Notwithstanding any other provision of law, including
section 237 of the Immigration and Nationality Act (8 U.S.C.
1227), a noncitizen who is a veteran or service member may
not be removed from the United States unless the noncitizen
has a criminal conviction for a crime of violence.
SEC. ___5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES
OF THE UNITED STATES.
An alien who has obtained the status of an alien lawfully
admitted for permanent residence pursuant to section ___3(a)
shall be eligible for naturalization through service in the
Armed Forces of the United States under sections 328 and 329
of the Immigration and Nationality Act (8 U.S.C. 1439 and
1440), except that--
(1) when determining whether the noncitizen is a person of
good moral character, disregard the ground on which the
noncitizen was--
(A) ordered removed, or was removed, from the United
States; or
[[Page S1090]]
(B) rendered inadmissible to, or deportable from, the
United States; and
(2) any period of absence from the United States due to the
noncitizen having been removed, or being inadmissible, shall
be disregarded when determining if the noncitizen satisfies
any requirement relating to continuous residence or physical
presence.
SEC. ___6. ACCESS TO MILITARY BENEFITS.
An alien who has obtained the status of an alien lawfully
admitted for permanent residence pursuant to section ___3(a)
shall be eligible for all military and veterans benefits for
which the noncitizen would have been eligible if, from the
United States, the noncitizen had never--
(a) been ordered removed;
(b) been removed; or
(c) voluntarily departed.
SEC. ___7. IMPLEMENTATION.
(a) Identification.--The Secretary shall identify cases
involving any service member or veteran at risk of removal
from the United States by--
(1) inquiring of every noncitizen processed prior to
initiating a removal proceeding whether the noncitizen is
serving, or has served--
(A) as a member of a regular or reserve component of the
Armed Forces of the United States on active duty; or
(B) as a member of a reserve component of the Armed Forces
in an active status;
(2) requiring U.S. Immigration and Customs Enforcement
personnel to seek supervisory approval prior to initiating a
removal proceeding against a service member or veteran; and
(3) keeping records of any service member or veteran who
has--
(A) had removal proceedings initiated against them;
(B) been detained; or
(C) been removed.
(b) Record Annotation.--
(1) In general.--When the Secretary has identified a case
under subsection (a), the Secretary shall annotate all
immigration and naturalization records of the Department of
Homeland Security relating to the noncitizen involved to--
(A) reflect that identification; and
(B) afford an opportunity to track the outcomes for the
noncitizen.
(2) Annotations.--Each annotation under paragraph (1) shall
include--
(A) the branch of military service in which each noncitizen
served;
(B) whether or not the noncitizen is serving, or has
served, during a period of military hostilities described in
section 329 of the Immigration and Nationality Act (8 U.S.C.
1440);
(C) the immigration status of each noncitizen at the time
of enlistment;
(D) whether the noncitizen is serving honorably or was
separated under honorable conditions;
(E) the basis for which removal was sought; and
(F) the crime for which conviction was obtained if the
basis for removal was a criminal conviction.
SEC. ___8. REGULATIONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall promulgate regulations to
implement this subtitle.
______