[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5686-S5687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6143. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. ENLISTMENT OF CERTAIN ALIENS AND LEGAL STATUS FOR 
                   SUCH ALIEN ENLISTEES.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this section that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101 of 
     title 10, United States Code.
       (3) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (b) Enlistment in the Armed Forces for Certain Aliens.--
     Subsection (b)(1) of section 504 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(D)(i) An alien who--
       ``(I) subject to clause (ii), has been continuously 
     physically present in the United States for five years;
       ``(II) has completed, to the satisfaction of the Secretary 
     of Defense, the same background investigation process as is 
     required of qualified individuals seeking enlistment in an 
     armed force;
       ``(III) meets all other standards set forth for enlistment 
     in an armed force; and
       ``(IV) has been granted deferred action pursuant to the 
     Deferred Action for Childhood Arrivals policy announced by 
     the Secretary of Homeland Security on June 15, 2012;

       ``(aa) has been granted temporary protected status under 
     section 244 of the Immigration and Nationality Act (8 U.S.C. 
     1254a);
       ``(bb) is in possession of a valid, unexpired immigrant 
     visa; or
       ``(cc) is in possession of a valid, unexpired F, M, H-1B, 
     H1-B1, O, TN/TD, H-2A, H-2B nonimmigrant visa.

       ``(ii) An alien described in clause (i) who has departed 
     the United States during the five-year period referred to in 
     subclause (I) of that clause shall be eligible to enlist if 
     the alien so departed pursuant to an approved travel 
     document.''.
       (c) Lawful Permanent Residence for Certain Alien Enlistees 
     of the Armed Forces.--
       (1) Adjustment of status.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security or the Attorney 
     General shall adjust the status of an alien to that of 
     lawfully admitted for permanent residence if the alien--
       (i)(I) subject to subparagraph (C), is not inadmissible 
     under paragraph (1), (6)(E), or (8) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a));
       (II) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (III) is not barred from adjustment of status under this 
     Act based on the criminal and national security grounds 
     described under paragraph (2), subject to the provisions of 
     such paragraph;
       (ii) has taken an enlistment oath under section 502 of 
     title 10, United States Code; and
       (iii) has reported to and, subject to subparagraph (B), has 
     successfully completed initial entry training.
       (B) Medical exception.--The Secretary of Homeland Security 
     or the Attorney General shall adjust the status of an alien 
     to that of lawfully admitted for permanent residence an alien 
     who meets the qualifications under clauses (i) and (ii) of 
     subparagraph (A), but who has not successfully completed 
     initial entry training for medical reasons, if such medical 
     reasons are certified by the Secretary of the applicable 
     military department.
       (C) Waiver of grounds of inadmissibility.--With respect to 
     any benefit under this subsection, and in addition to the 
     waivers under paragraph (2)(C), the Secretary of Homeland 
     Security may waive the grounds of inadmissibility under 
     paragraph (1) or (6)(E) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
     purposes, for family unity, or because the waiver is 
     otherwise in the public interest.
       (D) Application fee.--
       (i) In general.--The Secretary of Homeland Security may, 
     subject to an exemption under clause (ii), require an alien 
     applying under this subsection to pay a reasonable fee that 
     is commensurate with the cost of processing the application, 
     but does not exceed $495.
       (ii) Exemption.--An applicant may be exempted from paying 
     an application fee required under this subsection if the 
     applicant--

       (I) is 18 years of age or younger;
       (II) received total household income, during the 1-year 
     period immediately preceding the date on which the applicant 
     files an application under this subsection, that is at or 
     below 150 percent of the Federal poverty line; or
       (III) is in foster care or otherwise lacks any parental or 
     other familial support.

       (E) Submission of biometric and biographic data; background 
     checks.--
       (i) Submission of biometric and biographic data.--The 
     Secretary of Homeland Security may not grant an alien 
     adjustment of status under this subsection unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security shall provide an 
     alternative procedure for aliens who are unable to provide 
     such biometric or biographic data because of a physical 
     impairment.
       (ii) Background checks.--The Secretary of Homeland Security 
     shall use biometric, biographic, and other data that the 
     Secretary of Homeland Security determines appropriate to 
     conduct security and law enforcement background checks and to 
     determine whether there is any criminal, national security,

[[Page S5687]]

     or other factor that would render the alien ineligible for 
     adjustment of status under this subsection. The status of an 
     alien may not be adjusted unless security and law enforcement 
     background checks are completed to the satisfaction of the 
     Secretary of Homeland Security.
       (2) Criminal and national security bars.--
       (A) Definitions.--In this paragraph:
       (i) Crime of domestic violence.--The term ``crime of 
     domestic violence'' means any offense that has as an element 
     the use, attempted use, or threatened use of physical force 
     against a person committed by a current or former spouse of 
     the person, by an individual with whom the person shares a 
     child in common, by an individual who is cohabiting with or 
     has cohabited with the person as a spouse, by an individual 
     similarly situated to a spouse of the person under the 
     domestic or family violence laws of the jurisdiction where 
     the offense occurs, or by any other individual against a 
     person who is protected from that individual's acts under the 
     domestic or family violence laws of the United States or any 
     State, a Tribal government, or a unit of local government.
       (ii) Felony offense.--The term ``felony offense'' means an 
     offense under Federal or State law that is punishable by a 
     maximum term of imprisonment of more than 1 year.
       (iii) Misdemeanor offense.--The term ``misdemeanor 
     offense'' means an offense under Federal or State law that is 
     punishable by a term of imprisonment of more than 5 days but 
     not more than 1 year.
       (B) Grounds of ineligibility.--Except as provided in 
     subparagraph (C), an alien is ineligible for adjustment of 
     status under this subsection if any of the following apply:
       (i) The alien is inadmissible under paragraph (2) or (3) of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)).
       (ii) Excluding any offense under State law for which an 
     essential element is the alien's immigration status, and any 
     minor traffic offense, the alien has been convicted of--

       (I) any felony offense;
       (II) 3 or more misdemeanor offenses (excluding simple 
     possession of cannabis or cannabis-related paraphernalia, any 
     offense involving cannabis or cannabis-related paraphernalia 
     which is no longer prosecutable in the State in which the 
     conviction was entered, and any offense involving civil 
     disobedience without violence) not occurring on the same 
     date, and not arising out of the same act, omission, or 
     scheme of misconduct; or
       (III) a misdemeanor offense of domestic violence, unless 
     the alien demonstrates that such crime is related to the 
     alien having been--

       (aa) a victim of domestic violence, sexual assault, 
     stalking, child abuse or neglect, abuse or neglect in later 
     life, or human trafficking;
       (bb) battered or subjected to extreme cruelty; or
       (cc) a victim of criminal activity described in section 
     101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(U)(iii)).
       (C) Waivers for certain misdemeanors.--For humanitarian 
     purposes, family unity, or if otherwise in the public 
     interest, the Secretary of Homeland Security may--
       (i) waive the grounds of inadmissibility under 
     subparagraphs (A), (C), and (D) of section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless 
     the conviction forming the basis for inadmissibility would 
     otherwise render the alien ineligible under subparagraph 
     (B)(ii) (subject to clause (ii)); and
       (ii) for purposes of subclauses (II) and (III) of 
     subparagraph (B)(ii), waive consideration of--

       (I) one misdemeanor offense if the alien has not been 
     convicted of any offense in the 5-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection; or
       (II) up to 2 misdemeanor offenses if the alien has not been 
     convicted of any offense in the 10-year period preceding the 
     date on which the alien applies for adjustment of status 
     under this subsection.

       (3) Rescission.--
       (A) In general.--Section 246 of the Immigration and 
     Nationality Act (8 U.S.C. 1256) shall apply to an alien whose 
     status is adjusted under paragraph (1).
       (B) Other grounds applicable.--
       (i) In general.--The Secretary of Homeland Security may 
     rescind the lawful permanent resident status of an alien 
     whose status was adjusted under paragraph (1) if, during the 
     5-year period beginning on the date on which such status was 
     granted, the Secretary of Defense characterizes any period of 
     the alien's service in the Armed Forces as other than 
     honorable, bad conduct, or dishonorable.
       (ii) Exception.--The Secretary of Homeland Security may not 
     rescind the lawful permanent resident status of an alien 
     under this subparagraph based on any period of an alien's 
     service in the Armed Forces that is uncharacterized by the 
     Secretary of Defense.
       (C) Proof of service characterization.--For purposes of 
     this paragraph, proof of characterization of service in the 
     Armed Forces shall be authenticated by the Secretary of 
     Defense.
       (4) Confidentiality of information.--
       (A) In general.--The Secretary of Homeland Security or the 
     Secretary of Defense may not disclose or use for purposes of 
     immigration enforcement information provided in--
       (i) documentation filed under this subsection; or
       (ii) enlistment applications filed, or inquiries made, 
     under section 504(b)(1)(D) of title 10, United States Code.
       (B) Treatment of records.--
       (i) In general.--Documentation filed under this 
     subsection--

       (I) shall be collected pursuant to section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974''); and
       (II) may not be disclosed under subsection (b)(7) of that 
     section for purposes of immigration enforcement.

       (ii) Destruction.--In the cases of individuals who attempt 
     to enlist but do not successfully do so, the Secretary of 
     Homeland Security and the Secretary of Defense shall destroy 
     information provided in documentation filed under this 
     subsection not later than 60 days after the date on which the 
     individual concerned is denied enlistment or fails to 
     complete basic training, as applicable, except in the case of 
     an alien described in paragraph (1)(B).
       (C) Referrals prohibited.--The Secretary of Homeland 
     Security or the Secretary of Defense (or any designee of the 
     Secretary of Homeland Security or the Secretary of Defense) 
     based solely on information provided in an application for 
     adjustment of status under this subsection or an enlistment 
     application filed, or an inquiry made, under section 
     504(b)(1)(D) of title 10, United States Code, may not refer 
     an individual to U.S. Immigration and Customs Enforcement, 
     U.S. Customs and Border Protection.
       (D) Limited exception.--Notwithstanding subparagraphs (A) 
     through (C), information provided in an application for 
     adjustment of status under this subsection may be shared with 
     Federal security and law enforcement agencies--
       (i) for assistance in the consideration of an application 
     for adjustment of status under this subsection;
       (ii) to identify or prevent fraudulent claims;
       (iii) for national security purposes pursuant to section 
     6611 of the National Defense Authorization Act for Fiscal 
     Year 2020 (50 U.S.C. 3352f); or
       (iv) for the investigation or prosecution of any Federal 
     crime, except any offense, other than a fraud or false 
     statement offense, that is--

       (I) related to immigration status; or
       (II) a petty offense (as defined in section 19 of title 18, 
     United States Code).

       (E) Penalty.--Any person who knowingly and willfully uses, 
     publishes, or examines, or permits such use, publication, or 
     examination of, any information produced or provided by, or 
     collected from, any source or person under this section and 
     in violation of this subsection shall be guilty of a 
     misdemeanor and fined not more than $5,000.
       (5) Rule of construction.--Nothing in this section, or an 
     amendment made by this section, may be construed to modify--
       (A) the process prescribed by sections 328, 329, and 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 
     1440-1) by which a person may naturalize through service in 
     the Armed Forces; or
       (B) the qualifications for original enlistment in any 
     component of the Armed Forces otherwise prescribed by law or 
     the Secretary of Defense.
                                 ______