[Congressional Record Volume 168, Number 189 (Tuesday, December 6, 2022)] [House] [Pages H8763-H8773] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] VETERAN SERVICE RECOGNITION ACT OF 2022 Ms. LOFGREN. Mr. Speaker, pursuant to House Resolution 1508, I call up the bill (H.R. 7946) to provide benefits for noncitizen members of the Armed Forces, and for other purposes, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursuant to House Resolution 1508, the amendment in the nature of a substitute recommended by the Committee on the Judiciary, printed in the bill, is adopted and the bill, as amended, is considered read. The text of the bill, as amended, is as follows: H.R. 7946 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Service Recognition Act of 2022''. SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES. (a) Study Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly carry out a study on noncitizen veterans and noncitizen former members of the Armed Forces who were removed from the United States during the period beginning on January 1, 1990, and ending on the date of the enactment of this Act, which shall include the following: (1) The number of noncitizens removed by U.S. Immigration and Customs Enforcement or the Immigration and Naturalization Service during the period covered by the report who served in the Armed Forces for an aggregate period of more than 180 days. (2) For each noncitizen described in paragraph (1)-- (A) the country of nationality or last habitual residence of the noncitizen; (B) the total length of time the noncitizen served as a member of the Armed Forces; (C) each ground on which the noncitizen was ordered removed under section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) or section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), as applicable; and (D) whether the noncitizen appealed the removal order to the Board of Immigration Appeals. (3) Each of the following enumerations: (A) The number of noncitizens described in paragraph (1) who were discharged or released from service under honorable conditions. (B) The number of noncitizens described in paragraph (1) who were discharged or released from service under other than honorable conditions. (C) The number of noncitizens described in paragraph (1) who were deployed overseas. (D) The number of noncitizens described in paragraph (1) who served on active duty in the Armed Forces in an overseas contingency operation. (E) The number of noncitizens described in paragraph (1) who were awarded decorations or medals. (F) The number of noncitizens described in paragraph (1) who applied for benefits under laws administered by the Secretary of Veterans Affairs. (G) The number of noncitizens described in paragraph (1) who receive benefits described in subparagraph (F). (4) A description of the reasons preventing any of the noncitizens who applied for benefits described in paragraph (3)(F) from receiving such benefits. (b) Report.--Not later than 90 days after the date of the completion of the study required under subsection (a), the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly submit a report containing the results of such study to the appropriate congressional committees. SEC. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO REMOVAL. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall create-- (1) a protocol for identifying noncitizens who are or may be veterans; and (2) a system for maintaining information about noncitizen veterans identified pursuant to the protocol created under paragraph (1) and information provided by the Under Secretary of Defense for Personnel and Readiness under section 4(d). (b) Information Sharing.--The system shall be shared across all components of the Department of Homeland Security, including Enforcement and Removal Operations, the Office of the Principal Legal Advisor, Homeland Security Investigations, and the Military Family Immigration Advisory Committee. (c) Consideration of Veteran Status.--The Secretary of Homeland Security shall ensure that, in the case of any noncitizen veteran who is potentially removable, and in any removal proceeding against such a noncitizen veteran, information available under this system is taken into consideration, including for purposes of any adjudication on the immigration status of such veteran. (d) Use of System Required.--The Secretary of Homeland Security may not initiate removal proceedings against an individual prior to using the system established under subsection (a) to attempt to determine whether the individual is a veteran. If the Secretary of Homeland Security determines that such an individual is or may be a veteran, the Secretary shall notify the Military Family Immigration Advisory Committee concurrently upon initiating removal proceedings against such individual. (e) Training.--Beginning in the first fiscal year that begins after the Secretary of Homeland Security completes the requirements under subsection (a), personnel of U.S. Immigration and Customs Enforcement shall participate, on an annual basis, in a training on the protocol developed under this section. SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an advisory committee, to be known as the ``Military Family Immigration Advisory Committee'', to provide recommendations to the Secretary of Homeland Security on the exercise of discretion in any case involving removal proceedings for-- (1) a member of the Armed Forces; (2) a veteran; or (3) a covered family member. (b) Membership.--The Advisory Committee shall be composed of 9 members, appointed by the Secretary of Homeland Security. (c) Case Reviews.-- (1) In general.--Not later than 30 days after the Advisory Committee identifies or is notified about the case of an individual described in subsection (a), the Advisory Committee shall meet to review the case and to provide a written recommendation to the Secretary of Homeland Security on whether-- (A) an exercise of discretion is warranted, including-- (i) termination of removal proceedings; (ii) parole; (iii) deferred action; (iv) a stay of removal; (v) administrative closure; or (vi) authorization to apply for any other form of relief; or (B) to continue seeking the removal of such individual. (2) Submission of information.--An individual who is the subject of a case review under paragraph (1) may submit information to the Advisory Committee, and the Advisory Committee shall consider such information. (3) Procedures.--In conducting each case review under paragraph (1), the Advisory Committee shall consider, as factors weighing in favor of a recommendation under paragraph (1)(A)-- (A) with respect to a member of the Armed Forces, whether the individual-- (i) was an enlisted member or officer of the Armed Forces; (ii) received a medal or decoration, was deployed, or was otherwise evaluated for merit in service during his or her service in the Armed Forces; (iii) is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces; or (iv) contributed to his or her local community during his or her service in the Armed Forces; (B) with respect to a veteran, whether the individual-- (i) was an enlisted member or officer of the Armed Forces; (ii) completed a period of service in the Armed Forces and was discharged under conditions other than dishonorable; (iii) received a medal or decoration, was deployed, or was otherwise evaluated for merit in service during his or her service in the Armed Forces; (iv) is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces of another country; or (v) contributed to his or her local community during or after his or her service in the Armed Forces; and (C) with respect to a covered family member, whether the individual-- (i) supported a member of the Armed Forces serving on active duty or a veteran, including through financial support, emotional support, or caregiving; or (ii) contributed to his or her local community during or after the military service of the member or of the veteran. [[Page H8764]] (4) Precluding factor.--In conducting each case review under paragraph (1), the Advisory Committee shall consider, as a factor requiring a recommendation under paragraph (1)(B), whether the member of the Armed Forces, veteran, or covered family member has been convicted of 5 offenses for driving while intoxicated (including a conviction under the influence of or impaired by alcohol or drugs), unless the conviction is older than 25 years. (d) Briefings on Noncitizen Veterans.--The Under Secretary of Defense for Personnel and Readiness shall provide detailed briefings to the Advisory Committee regarding the service of a noncitizen veteran when that individual's case is being considered by the Advisory Committee. (e) Briefings on Actions in Response to Recommendations.-- Not less frequently than quarterly, the Secretary of Homeland Security shall provide detailed briefings to the Advisory Committee regarding actions taken in response to the recommendations of the Advisory Committee, including detailed explanations for any cases in which a recommendation of the Advisory Committee was not followed. (f) Transfer of Case Files.--For any individual with respect to whom the Advisory Committee is conducting a case review under this section, the Secretary of Defense and Secretary of Homeland Security shall provide to the Advisory Committee a copy of any available record pertaining to that individual, including such individual's alien file, that is relevant to the case review. (g) Limitation on Removal.--Notwithstanding any other provision of law, an individual described in subsection (a) may not be ordered removed until the Advisory Committee has provided a recommendation with respect to that individual to the Secretary of Homeland Security. (h) Limitation on Eligibility for Case Review.--An individual who is inadmissible based on a conviction of an aggravated felony described in subparagraph (A) of section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) shall be ineligible for a case review under this section. SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE. (a) In General.-- (1) Program established.--The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall jointly implement a program to ensure that-- (A) each eligible noncitizen is afforded the opportunity to file an application for naturalization at any point on or after the first day of service on active duty or first day of service as a member of the Selected Reserve pursuant to section 329 of the Immigration and Nationality Act (8 U.S.C. 1440); and (B) the duly authenticated certification (or any other successor form) required under section 329(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1140(b)(3)) is issued to each noncitizen not later than 30 days after the individual makes a request for such certification. (2) Eligible noncitizen.--For purposes of this subsection, the term ``eligible noncitizen'' means a noncitizen who serves or has served in the Armed Forces of the United States during any period that the President by Executive order designates as a period during which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force. (b) JAG Training.--The Secretary of Defense shall ensure that appropriate members of the Judge Advocate General Corps of each Armed Force receive training to function as liaisons with U.S. Citizenship and Immigration Services with respect to applications for citizenship of noncitizen members of the Armed Forces. (c) Training for Recruiters.--The Secretary of Defense shall ensure that all recruiters in the Armed Forces receive training regarding-- (1) the steps required for a noncitizen member of the Armed Forces to receive citizenship; (2) limitations on the path to citizenship for family members of such individuals; and (3) points of contact at the Department of Homeland Security to resolve emergency immigration-related situations with respect to such individuals and their family members. (d) Annual Reports.--The Secretary of each military department shall annually submit to the appropriate congressional committees a report on the number of all noncitizens who enlisted or were appointed in the military department concerned, all members of the Armed Forces in their department who naturalized, and all members of the Armed Forces in their department who were discharged or released without United States citizenship under the jurisdiction of such Secretary during the preceding year. (e) Further Facilitation Naturalization for Military Personnel in Contingency Operations.--Any person who has served honorably as a member of the Armed Forces of the United States in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), and who, if separated from the Armed Forces, was separated under honorable conditions, may be naturalized as provided in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as though the person had served during a period designated by the President under such section. (f) Naturalization Through Service in the Armed Forces of the United States.--Section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended-- (1) in subsection (a), by striking ``six months'' and inserting ``one year''; and (2) in subsection (d), by striking ``six months'' and inserting ``one year''. SEC. 6. INFORMATION FOR MILITARY RECRUITS REGARDING NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES. The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall ensure that there is stationed or employed at each Military Entrance Processing Station-- (1) an employee of U.S. Citizenship and Immigration Services; or (2) in the case that the Secretary determines that it is impracticable to station or employ a person described in paragraph (1) at a Military Entrance Processing Station, a member of the Armed Forces or an employee of the Department of Defense-- (A) whom the Secretary determines is trained in the immigration laws; and (B) who shall inform each military recruit who is not a citizen of the United States processed at such Military Entrance Processing Station regarding naturalization through service in the Armed Forces under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439-1440). SEC. 7. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES; ADJUSTMENT OF STATUS. (a) Eligible Veterans.--In the case of a noncitizen who has been issued a final order of removal, the Secretary of Homeland Security, may, notwithstanding such order of removal, adjust that noncitizen's status to that of an alien lawfully admitted for permanent residence, or admit such noncitizen for lawful permanent residence if the Secretary determines that such noncitizen is a veteran and, consistent with subsection (b), is not inadmissible. (b) Waiver.-- (1) Authority.--In the case of a noncitizen veteran described in subsection (a), the Secretary of Homeland Security may waive any applicable ground of inadmissibility under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraphs (3) and (2)(H) of such section 212(a), a finding of inadmissibility under paragraph (2)(A) based on a conviction of an aggravated felony described in subparagraph (A), (I), or (K) of section 101(a)(43) (8 U.S.C. 1101(a)(43)), or 5 convictions for driving while intoxicated (including a conviction for driving while under the influence of or imparied by alcohol or drugs) unless the conviction is older than 25 years, if the Secretary determines that it is in the public interest. (2) Public interest considerations.--In determining whether a waiver described in paragraph (1) is in the public interest, the Secretary of Homeland Security shall consider factors including the noncitizen's service in the Armed Forces, and the recency and severity of any offense or conduct that forms the basis of a finding of inadmissibility under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (c) Procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall, by rule, establish procedures to carry out this section. (d) No Numerical Limitations.--Individuals who are granted lawful permanent residence under this section shall not be subject to the numerical limitations under section 201, 202, or 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, or 1153). (e) Clarification.--If a noncitizen veteran's status is adjusted under this section to that of an alien lawfully admitted for permanent residence, or if such noncitizen is lawfully admitted for permanent residence, such adjustment or admission shall create a presumption that the noncitizen has established good moral character under paragraphs (1) through (8) of section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)). (f) Limitation on Removal.-- (1) In general.--A noncitizen who appears to be prima facie eligible for lawful permanent resident status under this section shall be given a reasonable opportunity to apply for such status. Such noncitizen shall not be removed from the United States until a final administrative decision establishing ineligibility for such status is rendered. (2) Effect of final order.--A noncitizen present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for lawful permanent resident status under this section. Such noncitizen shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary of Homeland Security approves the application, the Secretary shall notify the Attorney General of such approval, and the Attorney General shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. SEC. 8. ADJUSTMENT OF STATUS FOR CERTAIN IMMEDIATE RELATIVES OF UNITED STATES CITIZEN SERVICE MEMBERS OR VETERANS. (a) In General.--For purposes of an application for adjustment of status pursuant to an approved petition for classification under section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), an alien described in subsection (b)-- (1) is be deemed to have been inspected and admitted into the United States; and (2) shall not be subject to paragraphs (6)(A), (6)(C), (7)(A), and (9) of section 212(a) of such Act (8 U.S.C. 1182(a)). (b) Alien Described.--An alien is described in subsection (a) if the alien is the beneficiary of an approved petition for classification under section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) as an immediate relative (as defined in section [[Page H8765]] 201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i))) of a citizen of the United States who-- (1) served, for a minimum of 2 years, on active duty in the Armed Forces or in a reserve component of the United States Armed Forces; and (2) if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions. SEC. 9. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Military Family Immigration Advisory Committee established pursuant to section 4. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Veterans' Affairs of the Senate; (E) the Committee on Armed Services of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Committee on the Judiciary of the House of Representatives; and (H) the Committee on Veterans' Affairs of the House of Representatives. (3) Armed forces.--The term ``Armed Forces'' has the meaning given the term ``armed forces'' in section 101 of title 10, United States Code. (4) Covered family member.--The term ``covered family member'' means the noncitizen spouse or noncitizen child of-- (A) a member of the Armed Forces; or (B) a veteran. (5) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (6) Noncitizen.--The term ``noncitizen'' means an individual who is not a citizen or national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))). (7) Veteran.--The term ``veteran'' has the meaning given such term in section 101 of title 38, United States Code. The SPEAKER pro tempore. The bill, as amended, shall be debatable for 1 hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees. After 1 hour of debate, it shall be in order to consider the further amendment printed in part C of House Report 117-590, if offered by the Member designated in the report, which shall be considered read, shall be separately debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for a division of the question. The gentlewoman from California (Ms. Lofgren) and the gentleman from California (Mr. McClintock) each will control 30 minutes. The Chair recognizes the gentlewoman from California (Ms. Lofgren). General Leave Ms. LOFGREN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 7946. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from California (Ms. Lofgren)? There was no objection. Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, today, this House will pass H.R. 7946, the Veteran Service Recognition Act 2022. This is a bill that recognizes and honors the commitment and sacrifices of our noncitizen servicemembers and veterans. Noncitizens have served in our military in every conflict since the Revolutionary War. In tribute to their patriotism, our laws offer noncitizen servicemembers an expedited pathway to citizenship. Unfortunately, this expedited path is not always known to the servicemembers themselves; sometimes there is confusion or lack of information. Not every legal permanent resident who could avail themselves of this opportunity has, in fact, done so; and we have found instances where servicemembers believed that just by serving they had become a United States citizen. Our bill does have some measures to make sure that that information is better communicated in the future and there is less confusion. However--and unfortunately--the complexity of the current immigration system puts some unnecessary roadblocks to naturalization but also can have a terrible impact on veterans who have not availed themselves of the opportunity. The traumas of war can have terrible effects on our veterans. Individuals suffering from post-traumatic stress disorder are far more likely to become entangled with the criminal justice system. When that happens, citizens merely avail themselves of the criminal justice system. For example, if they are arrested for drug possession, they might serve time in the county jail, and when they are released, they have paid their debt to society. But noncitizens who are in the same situation--people who fought for our country--might serve their jail time for drug possession, but then they also face immigration court because a crime that might lead to relatively minor consequences for a U.S. citizen could lead to deportation of a noncitizen veteran. Now, noncitizen veterans' service records are meant to be considered during removal proceedings, but such consideration rarely occurs. Consequently, veterans who earned the right to citizenship decades ago have been deported. H.R. 7946 corrects this problem by giving deported veterans the opportunity to apply for a second chance and obtain lawful permanent residency. Relief under this bill is discretionary--available only to those veterans whose return is in the public interest. Additionally, the bill creates a review process for servicemembers in removal proceedings to ensure that their service records are taken into account by immigration judges. It has an advisory council to examine at length the veteran's record to see whether or not he or she was suffering from PTSD and the like. The information can then be given to the immigration judge, but the immigration judge retains the authority to make the decision. The legislation, as I mentioned earlier, makes needed changes to current laws to allow servicemembers to naturalize as early as possible, and we believe these changes will ensure that future veterans will not be at risk of deportation. Finally, H.R. 7946 codifies the current Parole in Place for the immediate relatives of U.S. citizen servicemembers and veterans, making permanent an administrative program that began in 2007 under then- President George W. Bush. At the time, we had come across instances where an American soldier was killed in action, but his mother was subject to deportation, and that mother who was sent outside of the country could not even visit the grave of her deceased military son. George Bush sought to change that. We have kept that change in place ever since, and this would codify it. This bill is supported by numerous advocacy, labor, and veterans' groups, including The American Legion, the Nation's largest veterans service organization. We made a commitment to our noncitizen servicemembers when they joined our Armed Forces, and our laws really should reflect that commitment. I am proud to have worked alongside my colleagues, Chairman Nadler, as well as Chairman Takano, and I would like to mention specifically other members of our caucus who introduced bills on this subject--they were all collected into this final product--including Congressman Correa, Congressman Ruiz, Congressman Vargas, Congressman Grijalva, and several others. Mr. Speaker, I urge my colleagues to support this important legislation, and I reserve the balance of my time. Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, DHS Secretary Ali Mayorkas has repeatedly asserted, including in sworn testimony to multiple committees of this House, that the southern border is secure. This, of course, is a lie, and not even a subtle one. We know the numbers--a stunning 4.1 million encounters since inauguration day, when Joe Biden reversed the Trump administration's enforcement measures. In the same period, another 1 million known got- aways have entered the country while the border patrol has been overwhelmed changing diapers and arranging for transportation for thousands of illegal crossings each day. So how do our Democratic colleagues react to this unprecedented illegal immigration they have unleashed? Do they call on the Biden administration to stop the releases? [[Page H8766]] Do they call on the President to actually enforce U.S. immigration law or at least stop incentivizing this mass illegal immigration? No. Instead, they produce this bill, that readmits immigrant veterans who were later deported, mainly for committing criminal offenses. This needs to be clearly understood. A noncitizen who joins the military promising to defend our country, and instead commits crimes against the citizens of our country is subject to deportation, and rightly so. This bill adds a political advisory committee, handpicked by Mr. Mayorkas that, in effect, can override our deportation laws, and it invites criminal offenders who have already been deported back into our country. It presumes they are of good moral character despite their criminal offenses simply by producing a green card. This is astonishing. Let's be very clear, that the vast majority of legal immigrants who enlist in our military do so because of patriotism toward our country, and they are exemplary citizens and exemplary members of our Armed Forces. In recognition of their service, we offer them special avenues for naturalization under the Immigration and Nationality Act. That is as it should be. About 3 percent of U.S. veterans today are foreign-born, and many of them have chosen to become U.S. citizens. But that is not what this bill is about. This bill is about the bad apples who have been ordered deported for breaking our laws. Since its creation in 2002, U.S. Citizenship and Immigration Services has naturalized over 148,000 members of the U.S. military. {time} 1315 If an alien servicemember or veteran is removed from this country, it is only after that alien has had their due process in immigration court and an immigration judge has issued a final order of removal. Alien servicemembers and veterans are also afforded a special process upon encounter by Immigration and Customs Enforcement officials, under which, through a totality of the circumstances approach, ICE agents determine whether arrest and placement in removal proceedings are the appropriate actions to take. However, in this bill, the Democrats have decided that an advisory committee of people chosen by Secretary Mayorkas is better equipped to determine whether an alien's actions warrant removal than a trained ICE official. Yesterday in the Committee on Rules, the chair of the subcommittee even indicated that these random people chosen by the Secretary would be better than a trained immigration judge at determining whether an alien should be able to stay in the U.S. During the Committee on the Judiciary markup, my Republican colleagues offered an array of amendments aimed at ensuring alien servicemembers, veterans, and their family members who committed serious crimes would not be able to benefit from the provisions in this bill that prevent removal and allow green cards to be issued. We tried to prevent individuals with convictions for things like drug trafficking, firearms trafficking, explosives trafficking, perjury, domestic violence, obstruction of justice, and even illegal voting from being able to benefit from the bill's provisions, but the Democrats rejected nearly all such amendments. They did reluctantly agree to exclude murderers, rapists, and child sex abusers as beneficiaries of this bill. I suppose we can claim some progress. They couldn't even bring themselves to accept an amendment to preclude aliens who have DUI convictions from benefiting from this bill. They decided that five DUIs were too many. So, ridiculously, the bill allows aliens to have four DUI convictions and still benefit from this bill. Democrats in committee also opposed an amendment to ensure that alien veterans who benefit from the bill were honorably discharged from the military. Right now, as the bill stands, it only requires that the alien have been discharged under other than honorable conditions. Democrats also rejected a Republican amendment that would have given the victims of a crime committed by the alien servicemember a say in whether or not the alien should face immigration consequences. This bill once again lays bare the true objectives of the Democrats. First, ignore the 4.1 million illegal aliens encountered by Border Patrol and the 1 million got-aways as well, blurring the distinction between legal immigrants who obey our laws and the millions of illegal immigrants that the Democrats are now happily allowing to stream into our country. Then, they introduce bills like this that blur the distinction between the many legal immigrants who have honorably served in our Nation's Armed Forces and the handful of bad apples who have broken our laws and have been ordered deported for doing so. This is the woke insanity that grips the Democratic Party today. Thank God the voters have just broken their grip on the House of Representatives. Mr. Speaker, I reserve the balance of my time. Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume. I will note that the exclusion of those serious offenses was in the base bill. We didn't have to be convinced of that. We used the definition of ``veterans'' in the veterans code, and veterans who have an honorable or a general discharge are eligible for benefits, so that is what we used. Dishonorable discharges are not included. I will just say this: These are discretionary matters. If you have multiple DUIs--let's say you have three DUIs, but they are 25 years ago, and you have a completely clean record. You might be able to seek administrative review of that matter. That is all this does. Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. Takano), the chairman of the Veterans' Affairs Committee who has played such a key role in this, noting also that the Iraq and Afghanistan Veterans of America are supporting this bill and supporting Mr. Takano. Mr. TAKANO. Mr. Speaker, I thank Chairwoman Lofgren for her leadership and Chairman Nadler for his staunch support to move my bill, the Veteran Service Recognition Act, through committee and to bring it to the floor. As chairman of the House Committee on Veterans' Affairs, one of my top priorities has been the prevention of undue noncitizen veteran deportations. Most Americans would be shocked and in disbelief that we have deported people who have served in our military, have served in uniform, have even been in combat. They would be shocked to learn that we have done this, but it is true. We have actually taken American heroes who have served in our military and deported them. While many would be shocked to learn that veterans who have served our country are being subjected to deportations, the number of these individuals is unknown because we have not kept adequate records on who these people are. In 2019, Representative Vargas and I requested that the Government Accountability Office evaluate the scope of servicemember and veteran deportations and determine the state of and adherence to DHS policies on such deportations, DHS' own policies. What the GAO found was significant gaps not only in the Federal approach to processing potentially removable veterans but also in how the government facilitated the naturalization of noncitizen servicemembers and veterans. I was further dismayed by the additional findings that the number of these veterans was not being tracked; deportation often prevented these individuals from accessing their VA benefits and services or attending hearings to appeal VA decisions; and ICE did not consistently adhere to its own policies on removal proceedings involving veterans. The GAO report made it abundantly clear that reforms are desperately needed across the Federal Government, and that is precisely what my bill endeavors to do today. Despite being born in a different country, these veterans served in the United States for the promise of a better future. They put their lives on the line to promote our ideals and values because they believe in the American experience. Often, these individuals, like many veterans, leave service with traumas or [[Page H8767]] ailments that impact their physical and mental health. This can lead to drug addiction, self-harm, or PTSD, which also can serve as a precursor to violence or criminal activity. We must recognize these struggles that our veterans face and show greater compassion toward those who may have made a mistake, including those noncitizen veterans who are facing deportation due to their actions. I say to you, Mr. Speaker, if there is anyone who deserves a second chance in our country, it is people who have worn the uniform of the United States of America. The Veteran Service Recognition Act creates a pathway for us to recognize their service and prevent the undue deportation of servicemembers and veterans. The bill achieves this by making the naturalization process easier for Active-Duty servicemembers at basic training and establishing a military family immigration advisory committee to review the record of an individual being considered for deportation. This is not an automatic thing. This is about weighing the servicemember's record as part of those proceedings. What American would deny that we should treat noncitizen veterans with fairness and compassion? We want veterans to be able to apply for green cards to return home, excluding the most egregious cases, and codify an administrative program for immediate family members of veterans to also obtain green cards consistent with existing administrative policy. The number of eligible individuals under this legislation remains a very small subset of the veteran population. In fact, estimates are in the couple of hundreds. The SPEAKER pro tempore. The time of the gentleman has expired. Ms. LOFGREN. Mr. Speaker, I yield an additional 30 seconds to the gentleman. Mr. TAKANO. Mr. Speaker, for my friends across the aisle, this is an opportunity to honor our brave veterans for their heroism, regardless of the country they were born in. We commemorated Veterans Day last month, and I can think of no better way to honor our veterans than voting ``yes'' on the underlying legislation. We can and must do better by our immigrant veterans. Mr. McCLINTOCK. Mr. Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Bost). Mr. BOST. Mr. Speaker, I thank my friend from California for yielding the time for me to speak today. I rise in opposition to this legislation. This bill is unnecessary and creates additional carve-outs to an already broken immigration system. Right now, DHS can't even do their job of securing the southern border and enforcing current immigration law. Just last month, we saw the highest number of got-aways ever at the southern border. That is 73,000 individuals that evaded Border Patrol. DHS agents and staff are overwhelmed and overworked. We should not be adding more to their plate when they already struggle to secure the border. Now, as a veteran, I greatly appreciate those who are willing to raise their right hand and swear to protect our Nation and our Constitution, and I served with many of them. Even though an individual is a veteran, that shouldn't excuse or create an excuse for poor judgment or criminal activity, and I fear that this bill may encourage just that. We already have a pathway for individuals who are serving our country in uniform to stay here in the U.S. and become citizens. Instead of this bill that we are debating today, we should improve the information provided to our servicemembers during the Transition Assistance Program on how to upgrade their immigration status. Making improvements to the TAP has been and will continue to be a top priority of mine. During that time, we could explain to them, once again, how important it is to follow the laws and the Constitution, which they fought to uphold. Next Congress, I plan to be working on the TAP to ensure a smooth transition to civilian life for all of our servicemembers, but on this bill, I urge a ``no'' vote. Ms. LOFGREN. Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Nadler), the chairman of the House Judiciary Committee. Mr. NADLER. Mr. Speaker, I rise in strong support of H.R. 7946, the Veteran Service Recognition Act. This modest but important legislation would ensure that noncitizen Active-Duty military, veterans, and their families are treated with the dignity and respect befitting the sacrifice they have given to this country. While military service can offer an expedited pathway to naturalization, many noncitizen servicemembers leave the military without becoming a U.S. citizen because of unnecessarily burdensome requirements that they must meet. Further, many servicemembers have family members who lack lawful status in the United States with no ability to adjust their status. As a result, while our military personnel are deployed protecting U.S. global interests and keeping our Nation safe, they must worry if their loved ones will be apprehended in an immigration raid and potentially be deported. This legislation would address this concern and would protect our servicemembers, just as they protect us. It would, one, establish an advisory committee to review and provide recommendations on the cases of noncitizen veterans, Active servicemembers, and their families who are placed in removal proceedings. Two, it would direct the Department of Homeland Security and the Department of Defense to implement the program that allows noncitizen servicemembers to file for naturalization during basic training or as early as otherwise possible. Three, it would provide an opportunity for noncitizen veterans who have been removed or ordered removed, and who have not been convicted of serious crimes, to be considered for lawful permanent resident status. Four, it would allow certain immediate relatives of U.S. citizen servicemembers or veterans in the United States to adjust their status and to obtain a green card as long as they are otherwise admissible. Despite the rhetoric that we have already heard from our Republican colleagues throughout this debate, I want to make it clear that H.R. 7946 has nothing to do with the border. This legislation is about recognizing and honoring the sacrifice of our servicemembers by supporting them and their families and by giving them the opportunity to become U.S. citizens if they so desire. I thank Chairman Takano of the Veterans' Affairs Committee, as well as Chair Zoe Lofgren of the Subcommittee on Immigration and Citizenship, for their commitment and leadership on this issue. I was honored to join them in introducing the legislation before us today. Immigrants have served in our Armed Forces since the founding of our Nation. In return for their service and sacrifice, we promised them, and they have earned, the opportunity to become American citizens. I hope all of my colleagues will demonstrate their commitment to our servicemembers and our veterans by supporting this important legislation. {time} 1330 Mr. McCLINTOCK. Mr. Speaker, the gentleman is correct that the legislation emanating from the Judiciary Committee doesn't have anything to do with the border because the Democrats, having created this monumental crisis, refused to do anything to address it. Instead, we are left with bills like this that set distractions on the most important question facing America today. Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. Issa). Mr. ISSA. Mr. Speaker, I don't just rise in opposition to this bill, and I don't want to appear angry, but as a veteran who served both as an enlisted man and as an officer from 1970 until nearly 1990, I know what it is like to get an honorable discharge--not once but twice. As an officer, I oversaw courts-martial. I know what it takes to get a bad conduct discharge. Shame on those who would write a bill and then refuse to allow a change that would at least prohibit those who are being discharged with bad conduct discharges. Let's understand. Other than honorable is a nice term. Dishonorable is a [[Page H8768]] clear term. If you murder your commanding officer, you get a dishonorable discharge. If you just try to, you will probably get a bad conduct discharge. If you are caught dealing vast amounts of drugs or you are an MS-13 person who lied to get into the military and you have gone AWOL, you might even get a general, but you certainly are going to get nothing worse than a bad conduct discharge. The fact that this bill allows people with a bad conduct discharge, people who have been convicted of clear felonies, to gain and retain citizenship in the United States is reprehensible. Let's understand something else. In times of peace, after 6 months of honorable service, you can apply and get your green card and get your citizenship. We have people who have served less than 2 years who get sworn in as U.S. citizens. So we are not even talking about people who wanted to be citizens and at the first opportunity chose to do that. We are talking about people who didn't, who, now that they have been sent out of the United States--many of them, by the way, after their service for other crimes they committed--they now want to be able to come back here and be vindicated as though they did something right. Military service is, in fact, an honorable event. And those who serve honorably, we want to make sure are paid with all of the thank yous, including citizenship for themselves and their family. This bill doesn't do it. For all of us who are veterans, shame on those who would confuse honorable service, when, in fact, this bill allows those who have committed a felony, bad-conduct-discharged individuals, to retain their U.S. opportunity, one which has never been the case and shouldn't be the case. If you commit the crimes, you should not be an American--you didn't serve honorably. Ms. LOFGREN. Mr. Speaker, I would just note, once again, that those with dishonorable discharges are not eligible under the bill. Mr. Speaker, I yield 3 minutes to the gentlewoman from Washington (Ms. Jayapal), a member of the Immigration and Citizenship Subcommittee. Ms. JAYAPAL. Mr. Speaker, I rise in strong support of the Veteran Service Recognition Act to stop the deportation of immigrant veterans. I thank my colleague, Representative Mark Takano, for bringing this important bill forward and our Immigration and Citizenship Subcommittee chair, Zoe Lofgren, for her tremendous leadership on this issue. Mr. Speaker, immigrants have defended the United States in every major conflict since the Revolutionary War. One of the first casualties in the Iraq war was Lance Corporal Jose Antonio Gutierrez, who was not an American citizen when he died fighting for us. He signed up for the Marines, wanting to give back to the country that gave him everything. Today, there are 45,000 immigrants serving in the United States armed services. Yet, hundreds of immigrant veterans are estimated to have been deported. Mr. Speaker, this is unacceptable. Immigration and Customs Enforcement is supposed to consider veteran service to the country when making removal decisions. A 2019 GAO study found that ICE attorneys ``. . . did not consistently follow its policies involving veterans who were placed in removal proceedings . . .'' in part because ICE officials were ``. . . unaware of the policies. . . .'' Mr. Speaker, we can't leave this to chance. Even one deported veteran is one too many. Yet, hundreds of immigrant veterans are estimated to have been deported. When people sign up to defend this country, we should be helping them to become U.S. citizens as quickly as possible, and that is exactly what this bill does. Mr. Speaker, that is why I am so proud to support the Veteran Service Recognition Act to take crucial steps to stop the deportation of veterans and provide relief to veterans who have already been deported. No one who has put their life on the line for the United States should be deported. It is that simple, Mr. Speaker. Vote ``yes'' to support veterans. Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to the gentleman from Ohio (Mr. Jordan), the ranking member of the Judiciary Committee. Mr. JORDAN. Mr. Speaker, just a few minutes ago the chairman of the Judiciary Committee said--the Democrat chair said--this bill is not about the border. That is the problem. That is what we should be addressing. There have been 4 million illegal migrant encounters since Joe Biden has been in office; 1.4 million illegal migrants released into the country; 1 million got-aways; and an administration that says the border is secure. It is laughable. I don't know how they can say that with a straight face. Remember this, too. Remember those border agents on horseback? Remember those guys doing their job on horseback? This administration allowed a lie to fester and grow for months knowing that those guys did nothing wrong. Yeah, this bill is not about the border. It should be. When are the Democrats going to take this issue seriously? We have literally gone from a secure border to no border. When are they going to take it seriously? No, no, they are never going to take it seriously. Obviously, over the last 22 months they haven't done anything to address it, which leads us to--I think the logical conclusion that any American and every American is making is--they are doing this intentionally. Why? I do not know. It has to be intent. It has to be intentional. It has to be deliberate. It has to be premeditated because you can't have this kind of chaos just happen--and now they bring this bill. The bill says veterans who have committed crimes that make them deportable aren't going to be deported. It makes no sense to me. I hope at some point the Democratic Party will wake up. I hope at some point the Biden administration will do what everyone knows needs to be done and get our border secure again. Maybe it would help--maybe it would be a good first step--maybe a good start would be for the President of the United States, who is charged with securing our homeland, securing our border, maybe it would be a good first step if he went to the border. I know the leader of our party has asked him to go. Leader McCarthy has asked him to go. Why don't they go together and help unify the country maybe? Stand up for something that makes sense that we would actually have a border. Maybe that would be a first step, instead of bringing bills like this and not addressing the fundamental problem. A bill that is not about the border--you can say that again because this one sure isn't. This one is not going to address the problem that every American knows is as real as it gets. Ms. LOFGREN. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Correa), who has served on the Immigration and Citizenship Subcommittee. He served in this Congress. He is the author of one of the bills that was included in this bill and has visited with deported veterans across the border. Mr. CORREA. Mr. Speaker, this is the oath a soldier takes when he is joining the military: I do swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me. Mr. Speaker, follow me here. A soldier takes this oath without any reservation, mental or otherwise. He fights for our country, for our Nation, he or she is honorably discharged, and is not a citizen. Corporal Jose Angel Garibay lived in my district. Jose Angel was the first servicemember in Orange County to make the ultimate sacrifice for this country in Iraq after 9/11. He took the oath. Yet, he died as a noncitizen. He deserved to die as an American citizen. And many, many other honorably discharged veterans, are deported, but they can come back once they die because they still have the right to be buried in a national cemetery. Let's pay our debt to our veterans. We ask them to fight, to serve our country, to defend our freedom, and our moral obligation is to take care of all our veterans. Let's pay our debt to [[Page H8769]] our veterans. Let's pass the Veteran Service Recognition Act. Mr. McCLINTOCK. Mr. Speaker, I reserve the balance of my time. Ms. LOFGREN. Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Castro), who has played such a useful role in the crafting of these measures. Mr. CASTRO of Texas. Mr. Speaker, I rise in support of the Veteran Service Recognition Act because it is time to bring our deported veterans home. Five years ago, I led a delegation of lawmakers to meet with a group of deported veterans at a support house in Tijuana, Mexico. Most of those folks joined the military after 9/11, putting their lives on the line to defend American freedom and the freedom of our allies thousands of miles away. When they enlisted, our Nation gladly accepted their service--and if they would have perished on the battlefield, they would have been buried as American heroes right here in the United States. When they came back home and struggled, they were kicked out of the Nation they would have died to protect. Mr. Speaker, I represent San Antonio, Texas, known as Military City USA. From how I see it, deporting our veterans is one of the worst acts of betrayal that our Federal Government can commit. The Veteran Service Recognition Act will right the wrong by providing an opportunity for deported veterans to apply for permanent residency, and it will help current and future servicemembers apply for naturalization for themselves and their families. This bill is about doing the right thing for those who served. It is time to bring our deported veterans back home. Mr. McCLINTOCK. Mr. Speaker, I reserve the balance of my time. Ms. LOFGREN. Mr. Speaker, I yield 3 minutes to the gentlewoman from Texas (Ms. Jackson Lee), who is a proud member of the Immigration and Citizenship Subcommittee and a long-serving member of the House Judiciary Committee. Ms. JACKSON LEE. Mr. Speaker, I thank the sponsor and proponents of this legislation. It is so startling, stunning, shocking, absurd to even be standing here discussing the deportation of men and women who have worn the uniform and have offered to sacrifice their lives for the oldest democracy in the world. Mr. Speaker, it is clearly an effort that is long overdue, and I am stunned by my friends on the other side of the aisle--I have said that word, stunned and shocked, that there would be any opposition to this. We know that immigrants have served in the United States Armed Forces in every major conflict, and there are now 45,000 immigrants serving in the armed forces in this country. It is important that we fix the gap, the loophole, the calls that are gotten when immigrants are deported. This legislation, I am very grateful to say, is about fixing this problem. Mr. Speaker, I rise to support H.R. 7946, that would require or would have DHS create and enforce a system for identifying noncitizen veterans and require their status as a veteran to be brought into consideration in the case of removal proceedings. Their service record will also be brought into it. Any of us can believe it, they could be heroic, and that doesn't even count in today's scheme. It would also require DHS to provide the opportunity for eligible noncitizen veterans to be granted lawful permanent residence. Identification of their veteran status would halt any removal proceedings, and there would be a final administrative decision on the veterans' eligibility. {time} 1345 What I like also about it is that when you come into basic training, we can then naturalize these individuals, these servants who have offered themselves for training and to be part of this government by fighting, by wearing the uniform, by fighting for democracy to become citizens. The Veteran Service Recognition Act is offered in response to DHS' and the U.S. Immigration and Custom Enforcement's failure to consistently follow its own policies regarding deportation of those. That means that we say on the floor of the House with great embarrassment that we have deported men and women who have served in uniform; and, yes, we have had challenges with the same kind of--how should I say it--detoured roads that our own veterans have had to fall to, substance abuse, or other incidences; but they have still worn the uniform. Our veterans can get into the Veterans Court or get into services; but the other veterans, who have the same defaults, if you will, because of the conditions of war, have to be deported. That doesn't make sense. More than 760,000 noncitizens have enlisted over the past century, with peaks in world wars and 9/11. There are approximately 45,000 immigrants, as I said, in active service. The SPEAKER pro tempore. The time of the gentlewoman has expired. Ms. LOFGREN. Mr. Speaker, I yield an additional 1 minute to the gentlewoman. Ms. JACKSON LEE. Mr. Speaker, I want to make sure that my county knows that there are 179,000 veterans who live in Harris County, and 1,567,000 veterans who live in Texas. Some of those are our immigrant veterans, and some are not citizens. So my point is, here today, that we must find every available way to treat them as they treated this Nation: I am willing to die for America and America's values. Mr. Speaker, I must raise this. Languishing in a Russian prison is a veteran, Paul Whelan, with bogus charges, a hostage. Alongside of him is Brittney Griner, and it has been determined that the conditions she is living in are just atrocious. My point is, that any time an American needs America to fix the problem, as a democratic nation, we must stand with those who have stood with us; those who are citizens and those who are immigrants who fought for us. I ask my friends and colleagues to support H.R. 7946. Mr. Speaker, I rise in support of H.R. 7946, the Veteran Service Recognition Act of 2022 that would address immigration-related issues pertaining to noncitizen military veterans. By enacting H.R. 7946, the Department of Homeland Security would be required to create and enforce a system for identifying noncitizen veterans and require their status as a veteran to be brought into consideration in the case of removal proceedings. H.R. 7946 will also require the DHS to provide the opportunity for eligible noncitizen veterans to be granted lawful permanent resident status. Identification of their veteran status would halt any removal proceedings until there is a final administrative decision on the veteran's eligibility. The Veteran Service Recognition Act is offered in response to the DHS's and the U.S. Immigration and Custom Enforcement's failure to consistently follow its own policies regarding deportation of those who served in our armed forces. Immigration and Customs Enforcement already has policies that provides special consideration to veterans in light of their service, but has recklessly failed to follow them. The Government Accountability Office reported that between 2013 and 2018, ICE did not consistently follow its own policies or maintain electronic data on the number of veterans placed in removal proceedings. Investigators also found that a staggering 70 percent of cases involving the deportation of noncitizen veterans did not receive a review as required. This means that veterans were not granted their right to due process. As a result, we do not even have an accurate measure of the number of veterans who have been unjustly deported. As a nation, we should be ashamed and alarmed by this lack of information which reflects a lack of concern for treating them fairly. More than 760,000 noncitizens have enlisted over the past century, with peaks during the World Wars and 9/11 attacks. Today, there are approximately 45,000 immigrants in active service. This issue is important to me because many of our nation's veterans who are not US citizens are among the 29,000 veterans who live in my district, the 179,000 who live in Harris County, and the 1,567,000 who live in Texas, the second most of any state. The promise of naturalization is sometimes a military recruitment strategy that targets immigrant communities. Military service is supposed to qualify veterans for naturalization as U.S. citizens because honorable service satisfies the ``good moral character'' requirements, according to the 1940 Nationality Act. But then, in 2017, a Trump administration policy restricted access to the expedited citizenship that was promised to veterans after 9/11. [[Page H8770]] This policy exacerbated the persistent problem of immigrant veterans not being given the proper guidance on how to complete the naturalization process. In turn, this systemic failure leads to more than half of the eligible noncitizen veterans not completing their naturalization process, leaving them in a permanent limbo. When we needed them the most, hundreds of thousands of noncitizens stepped up to fight for our wars. And now when they needed us, our nation failed to even recognize them, let alone protect them. ``Leave no one behind'' is a common mantra followed by the United States Armed Forces. We must abide by that principle in support of our noncitizen veterans who served our country honorably, and make sure that they, too, are never left behind again. We must do more to help our foreign-born veterans navigate the naturalization process. It is up to Congress to act. I urge my colleagues to join me in supporting the Veteran's Recognition Act. Mr. McCLINTOCK. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, we can now plainly see the effect of the Democrats' open border policies on communities across our Nation; the strain on our schools, our hospitals, our public safety, working class wages and opportunities, and social services. No civilization has ever survived the magnitude of illegal mass migration that the Democrats have unleashed upon our country in the span of just 23 months; and Gallup warns us there are another 42 million people living in poverty just in Latin America and the Caribbean who intend to come here now that they can. When Secretary Mayorkas appeared before the House Judiciary Committee, he couldn't tell us how it benefits 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 communities, or how working families will be made better off by flooding the labor market with cheap illegal labor, or how taxpayers are served by footing the bill for supporting a largely unskilled, uneducated, and dependent population. Now, where is this bill taking us? Well, we already know because we have already had a taste of it. For a while, we allowed aliens on temporary visas and even illegal immigrants here under DACA to enlist so that they could claim a fast track to citizenship. It was called the MAVNI program. 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. That program was such a debacle that the Obama administration, the architects of DACA, had to suspend it in 2016 because of the danger it posed to national security. Now, foreign nationals who come to America legally, who obey our laws and seek to serve our country because of a love of it and of the principles upon which it is founded, are one of our greatest strengths. Eleven years ago, I spoke at the funeral of Corporal Gurpreet Singh, whose family had emigrated from India legally 11 years before. Let me tell you a little bit about Gurpreet Singh. His father described him this way. He said 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, chose to return, overstayed his assignment in order to relieve a friend, and was killed in action in Helmond Province, June 22, 2011. Yet, the Democrats are either unable or unwilling to tell the difference between a Chinese spy like Ji Chaoqun and an American hero like Gurpreet Singh. It appears the Democrats are attempting to equate the heroism, devotion, and fidelity of heroes like Gurpreet Singh with the convicted criminals that a court has ordered to be deported from our country, or the lawless, illegal mass migration the Democrats are not only ignoring, but actively aiding and abetting with their policies. Now, even if every convicted criminal the Democrats are trying to benefit with this bill were meritorious, wrongly convicted of crimes and exemplary in every way, we are still talking about an infinitesimal fraction of those who are being allowed into our country every day by the dangerous policies of this administration. That includes 120 known terrorists we have intercepted, and God only knows how many more among the 1 million got-aways who have entered our country on Joe Biden's watch. The Immigration and Citizenship Subcommittee of the Judiciary Committee has done nothing to address this crisis; the Judiciary Committee has done nothing to address this crisis; and the House has done nothing to address this crisis, a crisis that literally began on Inauguration Day when Biden reversed the policies of the Trump administration that had finally secured our borders. I can assure the American people that 28 days from today, all of that is going to change. Mr. Speaker, I yield back the balance of my time. Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume. This bill is an important step forward to making sure that those who served our country in the military are given every consideration. We know from the reports we receive from our vets how tough it can be. I think it is important to note that Iraq and Afghanistan Veterans of America are supporting this bill. They know better than I do the kind of trauma that can be experienced in these theaters and have been experienced by our brave men and women in the military. They also know that sometimes those traumatic experiences can lead to a path that is destructive for the veteran, a veteran who is suffering from PTSD. Now, if a military member, a vet, was born in California and they use drugs because of PTSD, they might spend some time in jail, but then they would have paid their debt to society. If, instead, their fellow soldier was a legal permanent resident of the United States, born in another country, but volunteered to fight for our country, after they pay their debt to society for the exact same circumstances, then they are booted out of the country. That is why The American Legion is saying they support this bill, because we owe some kind of honor and stature to those who step forward to volunteer to fight for our country. That is what we owe them. I will just close with this. I am going to represent a town called Salinas, California. I was there last month, and they have put up on every light pole on the downtown street pictures of people from Salinas who served in the military. It is so inspiring. They had a little ceremony to unveil these photographs of the Salinas heroes. After that, one of the veterans organizers said to me, the worst experience of his life was driving his sergeant to the border to be kicked out of the country he fought for. It is not right. This bill will change that, and I hope that we will all vote in favor. Mr. Speaker, I yield back the balance of my time. Amendment No. 1 Offered by Mr. Vicente Gonzalez of Texas The SPEAKER pro tempore. It is now in order to consider amendment No. 1 printed in part C of House Report 117-590. Mr. VICENTE GONZALEZ of Texas. Mr. Speaker, I have an amendment at the desk made in order by the rule. The SPEAKER pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Add at the end of the bill the following: SEC. 10. REGULATIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland shall promulgate regulations to implement this Act. The SPEAKER pro tempore. Pursuant to House Resolution 1508, the gentleman from Texas (Mr. Vicente Gonzalez) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Texas. Mr. VICENTE GONZALEZ of Texas. Mr. Speaker, I rise today in support of my amendment to H.R. 7946, the Veteran Service Recognition Act, which requires the Secretary of Homeland Security to propose regulations to implement this bill no later than 90 days after the date of enactment. Our deported veterans have waited long enough. These men and women are [[Page H8771]] heroes; and how did we thank them for their service after they fought for our country around the world? We deported them. That is despicable and goes against every principle this country stands for. At the very least, we owe them an opportunity to naturalize, to live in the country they fought for, to raise a family and to live and pursue their American Dream, the dream they have earned, the dream they have fought for. I came to Congress 6 years ago and introduced the Repatriate Our Patriots Act because I was in shock that the United States was deporting American veterans. This gave them a pathway to citizenship. Today, I am proud to see Chairman Takano's bill on the floor. Together, we have been fighting this cause to ensure future servicemembers have the resources to naturalize and become American citizens. I can't think of anything more shameful than to deport an American veteran, someone who has worn our uniform and fought for our freedom. Most of the issues that have occurred when they come home are due to PTSD and scars that they bring back from the battlefield. I have spoken time and again to my constituents in South Texas, to veterans across my border, and to people across this country, and the consensus is clear: Congress must fix this and bring every last veteran home. This Congress has taken more action than any before by signing the Honoring our PACT Act to clear the way for veterans to get the healthcare they deserve after incurring illnesses in the line of duty. But we can't stop there. While there is no way to adequately apologize to veterans who have been deported after bravely serving this country, this is a step in the right direction. For decades, many veterans have not been with their families; have not celebrated anniversaries and holidays. They couldn't be with loved ones for important moments like graduations and birthdays. This is our chance to act, and our chance to show we can grow and correct the wrongs and create a nation that really is for all. Mr. Speaker, I urge my colleagues on both sides of the aisle to support my amendment and to ensure the Department of Homeland Security acts swiftly and comprehensively to propose regulations and implement this critical bill. I urge my colleagues on both sides of the aisle to vote in favor of the underlying bill, the Veteran Service Recognition Act, to ensure these servicemembers can come home, and that we will never, ever deport a single veteran again. Mr. Speaker, I reserve the balance of my time. Mr. McCLINTOCK. Mr. Speaker, I claim time in opposition to the amendment. The SPEAKER pro tempore (Mr. Yarmuth). The gentleman from California is recognized. Mr. McCLINTOCK. Mr. Speaker, I would remind my friend that every alien who serves in our military has the right to naturalize; but that does not give them a right to commit crimes against our country, and that is what this bill does. This amendment sets 90 days as the deadline for promulgating regulations to implement this bill, a bill that overrides the laws governing deportation of aliens who commit crimes in our country if they have enlisted in the Armed Forces. It raises some disturbing questions. Why is it that the bill surrenders legislative prerogatives to the executive? If you are going to write the law, then write it in its entirety in the open. {time} 1400 Yes, we have been granting these powers to the executive branch for a very long time. The point is that 10 times more laws are written by the bureaucracies than by the body solely vested with lawmaking authority, but we will save that discussion for another day. Ninety days is an absurdly short period of time to write the regulations, publish the regulations, allow for full public input for the regulations, rewrite the regulations in light of public comments, and publish the final version. It begs the question: Why? Is it possible that the supporters of this law know exactly what they want to do and have no interest in listening to the public? That has been the history of the left's approach to defending the public safety and the Nation's sovereignty, so it would not much surprise me if this is the case. Mr. Speaker, I would simply say that it is clear that the supporters of the amendment are simply trying to rush a bad bill into implementation without the public having any opportunity to see the ramifications of this bill's provisions. As I said earlier, we tried to get into the bill a provision that would allow the victims of these criminal aliens to testify as to the impact of the crimes on their lives, and the Democrats rejected it. Notice and comment periods themselves require 30 to 60 days after the notice of proposed rulemaking is published for the public to submit comments about the proposed rule. After that, the agency has to comb through and respond to all of the submitted comments. There is simply no way to comply with Executive Order 12866's economic analysis requirement for a significant rule, and that is certainly what this is, within a 90-day period of enactment. It is apparent that the Democrats are trying to rush out an interim final rule on this bill before the American public has any opportunity to see what they are doing. We can only conclude that the Democrats know that the American people are not going to like what they see. Mr. Speaker, I urge a ``no'' vote on the amendment and a ``no'' vote on the underlying bill, and I yield back the balance of my time. Mr. VICENTE GONZALEZ of Texas. Mr. Speaker, I urge my colleagues to support my amendment and the underlying bill and assure justice is served to all who have served our country. Mr. Speaker, a vote against this bill and against this amendment would be on the wrong side of history. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. Pursuant to the rule, the previous question is ordered on the bill and on the amendment offered by the gentleman from Texas (Mr. Vicente Gonzalez). The question is on the amendment by the gentleman from Texas. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Mr. McCLINTOCK. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. Announcement By the Speaker Pro Tempore The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15- minute vote on the amendment will be followed by 5-minute votes on: Passage of the bill, if ordered; An en bloc motion to suspend the rules, if offered; and Motions to suspend the rules and: Pass S. 4052; Concur in the Senate amendment to H.R. 3462; Pass S. 3875; Pass S. 3499; Pass S. 2796; Pass S. 4834; and Concur in the Senate amendment to H.R. 5796. The vote was taken by electronic device, and there were--yeas 213, nays 207, not voting 11, as follows: [Roll No. 502] YEAS--213 Adams Aguilar Allred Auchincloss Axne Barragan Bass Beatty Bera Beyer Bishop (GA) Blumenauer Blunt Rochester Bonamici Bourdeaux Bowman Boyle, Brendan F. Brown (MD) Brown (OH) Bush Bustos Butterfield Carbajal Cardenas Carson Carter (LA) Cartwright Case Casten Castro (TX) Cherfilus-McCormick Chu Cicilline Clark (MA) Clarke (NY) Cleaver Clyburn Cohen Connolly Cooper Correa Costa Courtney Craig Crow Cuellar Davids (KS) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Demings Dingell Doggett Doyle, Michael F. Escobar Eshoo Espaillat Evans Fletcher Foster Frankel, Lois Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez, Vicente Gottheimer Green, Al (TX) Grijalva Harder (CA) Hayes Higgins (NY) Himes Horsford Houlahan Hoyer Huffman Jackson Lee Jacobs (CA) Jayapal Jeffries [[Page H8772]] Johnson (GA) Johnson (TX) Jones Kahele Kaptur Keating Kelly (IL) Khanna Kildee Kilmer Kim (NJ) Kind Kirkpatrick Krishnamoorthi Kuster Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Leger Fernandez Levin (CA) Levin (MI) Lieu Lofgren Lowenthal Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Manning Matsui McBath McCollum McGovern McNerney Meeks Meng Mfume Moore (WI) Morelle Moulton Mrvan Murphy (FL) Nadler Napolitano Neal Neguse Newman Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Peltola Perlmutter Peters Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Ross Roybal-Allard Ruiz Ruppersberger Rush Ryan (NY) Ryan (OH) Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Sewell Sherman Sherrill Sires Slotkin Smith (WA) Soto Spanberger Speier Stansbury Stanton Stevens Strickland Suozzi Swalwell Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres (NY) Trahan Trone Underwood Vargas Veasey Velazquez Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Williams (GA) Wilson (FL) Yarmuth NAYS--207 Aderholt Allen Amodei Armstrong Arrington Babin Bacon Balderson Banks Barr Bentz Bergman Bice (OK) Biggs Bilirakis Bishop (NC) Boebert Bost Brady Brooks Buchanan Buck Bucshon Budd Burchett Burgess Calvert Cammack Carey Carl Carter (GA) Carter (TX) Chabot Cheney Cline Cloud Clyde Cole Comer Conway Crawford Crenshaw Curtis Davidson Davis, Rodney DesJarlais Diaz-Balart Donalds Dunn Ellzey Emmer Estes Fallon Feenstra Ferguson Finstad Fischbach Fitzgerald Fitzpatrick Fleischmann Flood Flores Foxx Franklin, C. Scott Fulcher Gaetz Gallagher Garbarino Garcia (CA) Gibbs Gimenez Gohmert Gonzales, Tony Gonzalez (OH) Good (VA) Gooden (TX) Gosar Granger Graves (LA) Graves (MO) Green (TN) Greene (GA) Griffith Grothman Guest Guthrie Harris Harshbarger Hartzler Hern Herrell Herrera Beutler Hice (GA) Higgins (LA) Hill Hinson Hollingsworth Hudson Huizenga Issa Jackson Jacobs (NY) Johnson (LA) Johnson (OH) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Keller Kelly (MS) Kelly (PA) Kim (CA) Kustoff LaHood LaMalfa Lamborn Latta LaTurner Lesko Letlow Long Loudermilk Lucas Luetkemeyer Mace Malliotakis Mann Massie Mast McCarthy McCaul McClain McClintock McHenry McKinley Meijer Meuser Miller (IL) Miller (WV) Miller-Meeks Moolenaar Mooney Moore (AL) Moore (UT) Mullin Murphy (NC) Nehls Newhouse Norman Obernolte Owens Palazzo Palmer Pence Perry Pfluger Posey Reschenthaler Rice (SC) Rodgers (WA) Rogers (AL) Rogers (KY) Rose Rosendale Rouzer Roy Salazar Scalise Schweikert Scott, Austin Sempolinski Sessions Simpson Smith (MO) Smith (NE) Smith (NJ) Smucker Spartz Stauber Steel Stefanik Steil Steube Stewart Taylor Tenney Thompson (PA) Tiffany Timmons Turner Upton Valadao Van Duyne Wagner Walberg Waltz Weber (TX) Webster (FL) Wenstrup Westerman Williams (TX) Wilson (SC) Wittman Womack Yakym Zeldin NOT VOTING--11 Baird Brownley Castor (FL) Cawthorn DeSaulnier Duncan Kinzinger Phillips Rutherford Takano Van Drew {time} 1452 Messrs. BOST and STEWART changed their vote from ``yea'' to ``nay.'' Ms. WASSERMAN SCHULTZ changed her vote from ``nay'' to ``yea.'' So the amendment was agreed to. The result of the vote was announced as above recorded. Mr. DeSAULNIER. Mr. Speaker, I regret that I was unable to vote today as I was unavoidably detained. Had I been present, I would have voted ``yea'' on rollcall No. 502. Members Recorded Pursuant to House Resolution 8, 117th Congress Bass (Cicilline) Beatty (Neguse) Brooks (Fleischmann) Cole (Lucas) Cuellar (Correa) DeFazio (Pallone) Demings (Blunt Rochester) Doyle, Michael F. (Pallone) Dunn (Cammack) Frankel, Lois (Meng) Gallego (Cicilline) Gosar (Weber (TX)) Gottheimer (Pappas) Grijalva (Neguse) Herrera Beutler (Moore (UT)) Johnson (TX) (Pallone) Kildee (Pappas) Kirkpatrick (Pallone) Lieu (Beyer) Lowenthal (Beyer) Moore (WI) (Beyer) Newman (Correa) O'Halleran (Pappas) Palazzo (Fleischmann) Pascrell (Pallone) Pressley (Neguse) Rice (NY) (Morelle) Roybal-Allard (Correa) Ruppersberger (Sarbanes) Ryan (OH) (Correa) Simpson (Fulcher) Sires (Pallone) Stanton (Huffman) Steube (Franklin, C. Scott) Titus (Pallone) Welch (Pallone) The SPEAKER pro tempore. The question is on the engrossment and third reading of the bill. The bill was ordered to be engrossed and read a third time, and was read the third time. The SPEAKER pro tempore. The question is on the passage of the bill. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Mr. McCLINTOCK. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. This is a 5-minute vote. The vote was taken by electronic device, and there were--yeas 220, nays 208, not voting 3, as follows: [Roll No. 503] YEAS--220 Adams Aguilar Allred Auchincloss Axne Barragan Bass Beatty Bera Beyer Bishop (GA) Blumenauer Blunt Rochester Bonamici Bourdeaux Bowman Boyle, Brendan F. Brown (MD) Brown (OH) Brownley Bush Bustos Butterfield Carbajal Carson Carter (LA) Cartwright Case Casten Castor (FL) Castro (TX) Cherfilus-McCormick Chu Cicilline Clark (MA) Clarke (NY) Cleaver Clyburn Cohen Connolly Cooper Correa Costa Courtney Craig Crow Cuellar Davids (KS) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Demings DeSaulnier Dingell Doggett Doyle, Michael F. Escobar Eshoo Espaillat Evans Fitzpatrick Fletcher Foster Frankel, Lois Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez, Vicente Gottheimer Green, Al (TX) Grijalva Harder (CA) Hayes Higgins (NY) Himes Horsford Houlahan Hoyer Huffman Jackson Lee Jacobs (CA) Jayapal Jeffries Johnson (GA) Johnson (TX) Jones Kahele Kaptur Keating Kelly (IL) Khanna Kildee Kilmer Kim (NJ) Kind Kinzinger Kirkpatrick Krishnamoorthi Kuster Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Leger Fernandez Levin (CA) Levin (MI) Lieu Lofgren Lowenthal Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Manning Matsui McBath McCollum McGovern McNerney Meeks Meng Mfume Moore (WI) Morelle Moulton Mrvan Murphy (FL) Nadler Napolitano Neal Neguse Newman Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Peltola Perlmutter Peters Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Ross Roybal-Allard Ruiz Ruppersberger Rush Ryan (NY) Ryan (OH) Salazar Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Sewell Sherman Sherrill Sires Slotkin Smith (WA) Soto Spanberger Speier Stansbury Stanton Stevens Strickland Suozzi Swalwell Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres (NY) Trahan Trone Underwood Vargas Veasey Velazquez Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Williams (GA) Wilson (FL) Yarmuth NAYS--208 Aderholt Allen Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bentz Bergman Bice (OK) Biggs Bilirakis Bishop (NC) Boebert Bost Brady Brooks Buchanan Buck Bucshon Budd Burchett Burgess Calvert Cammack Carey Carl Carter (GA) Carter (TX) Cawthorn Chabot Cheney Cline Cloud Clyde Cole Comer Conway Crawford Crenshaw Curtis Davidson Davis, Rodney DesJarlais Diaz-Balart Donalds Duncan Dunn Ellzey Emmer Estes Fallon Feenstra Ferguson Finstad Fischbach Fitzgerald Fleischmann Flood Flores Foxx Franklin, C. Scott Fulcher Gaetz Gallagher Garbarino Garcia (CA) Gibbs Gimenez Gohmert Gonzales, Tony Good (VA) Gooden (TX) Gosar Granger Graves (LA) Graves (MO) Green (TN) Greene (GA) Griffith Grothman Guest [[Page H8773]] Guthrie Harris Harshbarger Hartzler Hern Herrell Herrera Beutler Hice (GA) Higgins (LA) Hill Hinson Hollingsworth Hudson Huizenga Issa Jackson Jacobs (NY) Johnson (LA) Johnson (OH) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Keller Kelly (MS) Kelly (PA) Kim (CA) Kustoff LaHood LaMalfa Lamborn Latta LaTurner Lesko Letlow Long Loudermilk Lucas Luetkemeyer Mace Malliotakis Mann Massie Mast McCarthy McCaul McClain McClintock McHenry McKinley Meijer Meuser Miller (IL) Miller (WV) Miller-Meeks Moolenaar Mooney Moore (AL) Moore (UT) Mullin Murphy (NC) Nehls Newhouse Norman Obernolte Owens Palazzo Palmer Pence Perry Pfluger Posey Reschenthaler Rice (SC) Rodgers (WA) Rogers (AL) Rogers (KY) Rose Rosendale Rouzer Roy Scalise Schweikert Scott, Austin Sempolinski Sessions Simpson Smith (MO) Smith (NE) Smith (NJ) Smucker Spartz Stauber Steel Stefanik Steil Steube Stewart Taylor Tenney Thompson (PA) Tiffany Timmons Turner Upton Valadao Van Drew Van Duyne Wagner Walberg Waltz Weber (TX) Webster (FL) Wenstrup Westerman Williams (TX) Wilson (SC) Wittman Womack Yakym Zeldin NOT VOTING--3 Cardenas Gonzalez (OH) Rutherford {time} 1508 So the bill was passed. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. Members Recorded Pursuant to House Resolution 8, 117th Congress Baird (Bucshon) Bass (Cicilline) Beatty (Neguse) Brooks (Fleischmann) Cole (Lucas) DeFazio (Pallone) Demings (Blunt Rochester) Doyle, Michael F. (Pallone) Duncan (Norman) Dunn (Cammack) Frankel, Lois (Meng) Gallego (Cicilline) Gosar (Weber (TX)) Gottheimer (Pappas) Grijalva (Neguse) Herrera Beutler (Moore (UT)) Johnson (TX) (Pallone) Kildee (Pappas) Kinzinger (Rice (SC)) Kirkpatrick (Pallone) Lieu (Beyer) Lowenthal (Beyer) Moore (WI) (Beyer) Newman (Correa) O'Halleran (Pappas) Palazzo (Fleischmann) Pascrell (Pallone) Pressley (Neguse) Rice (NY) (Morelle) Roybal-Allard (Correa) Ruppersberger (Sarbanes) Ryan (OH) (Correa) Simpson (Fulcher) Sires (Pallone) Stanton (Huffman) Steube (Franklin, C. Scott) Titus (Pallone) Welch (Pallone) ____________________