[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2528-S2529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 339. Ms. DUCKWORTH submitted an amendment intended to be proposed
by her to the bill S. 2226, to authorize appropriations for fiscal year
2024 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 end of subtitle G of title X, add the following:
SEC. 1083. ENLISTMENT OF CERTAIN ALIENS AND CLARIFICATION OF
NATURALIZATION PROCESS FOR SUCH ALIEN
ENLISTEES.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this section that is used in the immigration
laws shall have the meaning given such term in the
immigration laws.
(2) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of
title 10, United States Code.
(3) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(4) Military department.--The term ``military department''
has the meaning given such term in section 101 of title 10,
United States Code.
(5) Secretary concerned.--The term ``Secretary concerned''
has the meaning given such term in section 101 of title 10,
United States Code.
(b) Enlistment in the Armed Forces for Certain Aliens.--
Subsection (b)(1) of section 504 of title 10, United States
Code, is amended by adding at the end the following:
``(D)(i) An alien who--
``(I) subject to clause (ii), has been continuously
physically present in the United States for five years;
``(II) has completed, to the satisfaction of the Secretary
of Defense or the Secretary concerned, the same security or
suitability vetting processes as are required of qualified
individuals seeking enlistment in an armed force;
``(III) meets all other standards set forth for enlistment
in an armed force as are required of qualified individuals;
and
``(IV)(aa) has received a grant of deferred action pursuant
to the Deferred Action for Childhood Arrivals policy of the
Department of Homeland Security, or successor policy,
regardless of whether a court order terminates such policy;
``(bb) has been granted temporary protected status under
section 244 of the Immigration and Nationality Act (8 U.S.C.
1254a); or
``(cc) is the beneficiary of an approved petition for an
immigrant visa, but has been unable to adjust status to that
of an alien lawfully admitted for permanent residence
pursuant to section 245 of the Immigration and Nationality
Act (8 U.S.C. 1255) because a visa number has not become
available or the beneficiary turned 21 years of age prior to
a visa becoming available.
``(ii) An alien described in clause (i) who has departed
the United States during the five-year period referred to in
subclause (I) of that clause shall be eligible to enlist if
the absence of the alien was pursuant to advance approval of
travel by the Secretary of Homeland Security and within the
scope of such travel authorization.''.
(c) Stay of Removal Proceedings.--Section 237 of the
Immigration and Nationality Act (8 U.S.C. 1227) is amended by
adding at the end the following:
``(e) If an alien described in section 504(b)(1)(D) of
title 10, United States Code, who is subject to a ground of
removability has served honorably in the Armed Forces, and if
separated from such service, was never separated except under
honorable conditions, the Secretary of Homeland Security
shall grant such alien an administrative stay of removal
under section 241(c)(2) until the earlier of--
``(1) the date on which the head of the military department
(as defined in section 101 of title 10, United States Code)
under which the alien served determines that the alien did
not served honorably in active-duty status, and if separated
from such service, that such separation was not under
honorable conditions as required by sections 328 and 329; or
``(2) the date on which the alien's application for
naturalization under section 328 or 329 has been denied or
revoked and all administrative appeals have been
exhausted.''.
(d) Timely Determination by the Secretary of Defense.--Not
later than 90 days after receiving a request by an alien who
has enlisted in the Armed Forces pursuant to section
504(b)(1)(D) of title 10, United States Code, for a
certification of service in the Armed Forces, the head of the
military department under which the alien served shall issue
a determination certifying whether the alien has served
honorably in an active-duty status, and whether separation
from such service was under honorable conditions as required
by sections 328 and 329 of the Immigration and Nationality
Act (8 U.S.C. 1439, 1440), unless the head of the military
department concerned requires additional time to vet national
security or counter-intelligence concerns.
(e) Medical Exception.--An alien who otherwise meets the
qualifications for enlistment under section 504(b)(1)(D) of
title 10, United States Code, but who, after reporting for
initial entry training, has not successfully completed such
training primarily for medical reasons shall be considered to
have separated from service in the Armed Forces under
honorable conditions for purposes of sections 328 and 329 of
the Immigration and Nationality Act (8 U.S.C. 1439, 1440), if
such medical reasons are certified by the head of the
military department under which the individual so served.
(f) Good Moral Character.--In determining whether an alien
who has enlisted in the Armed Forces pursuant to section
[[Page S2529]]
504(b)(1)(D) of title 10, United States Code, has good moral
character for purposes of section 101(f) of the Immigration
and Nationality Act (8 U.S.C. 1101(f)), the Secretary of
Homeland Security--
(1) shall consider the alien's honorable service in the
Armed Forces; and
(2) may make a finding of good moral character
notwithstanding--
(A)(i) any single misdemeanor offense, if the alien has not
been convicted of any offense during the 5-year period
preceding the date on which the alien applies for
naturalization; or
(ii) not more than 2 misdemeanor offenses, if the alien has
not been convicted of any offense during the 10-year period
preceding the date on which the alien applies for
naturalization.
(g) Confidentiality of Information.--
(1) In general.--The Secretary of Homeland Security or the
Secretary of Defense may not disclose or use for purposes of
immigration enforcement information provided in--
(A) documentation filed under this section or an amendment
made by this section; or
(B) enlistment applications filed, or inquiries made, under
section 504(b)(1)(D) of title 10, United States Code.
(2) Treatment of records.--
(A) In general.--Documentation filed under this section or
an amendment made by this section--
(i) shall be collected pursuant to section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974''); and
(ii) may not be disclosed under subsection (b)(7) of that
section for purposes of immigration enforcement.
(B) Destruction.--In the case of an alien who attempts to
enlist under section 504(b)(1)(D) of title 10, United States
Code, but does not successfully do so (except in the case of
an alien described in subsection (e)), the Secretary of
Homeland Security and the Secretary of Defense shall destroy
information provided in documentation filed under this
section or an amendment made by this section not later than
60 days after the date on which the alien concerned is denied
enlistment or fails to complete basic training, as
applicable.
(3) Referrals prohibited.--The Secretary of Homeland
Security or the Secretary of Defense (or any designee of the
Secretary of Homeland Security or the Secretary of Defense),
based solely on information provided in an application for
naturalization submitted by an alien who has enlisted in the
Armed Forces under section 504(b)(1)(D) of title 10, United
States Code, or an enlistment application filed or an inquiry
made under that section, may not refer the individual
concerned to U.S. Immigration and Customs Enforcement or U.S.
Customs and Border Protection.
(4) Limited exception.--Notwithstanding paragraphs (1)
through (3), information provided in an application for
naturalization submitted by an individual who has enlisted in
the Armed Forces under section 504(b)(1)(D) of title 10,
United States Code, may be shared with Federal security and
law enforcement agencies--
(A) for assistance in the consideration of an application
for naturalization;
(B) to identify or prevent fraudulent claims;
(C) for national security purposes pursuant to section 6611
of the National Defense Authorization Act for Fiscal Year
2020 (50 U.S.C. 3352f); or
(D) for the investigation or prosecution of any Federal
crime, except any offense, other than a fraud or false
statement offense, that is--
(i) related to immigration status; or
(ii) a petty offense (as defined in section 19 of title 18,
United States Code).
(5) Penalty.--Any person who knowingly and willfully uses,
publishes, or examines, or permits such use, publication, or
examination of, any information produced or provided by, or
collected from, any source or person under this section or an
amendment made by this section, and in violation of this
subsection, shall be guilty of a misdemeanor and fined not
more than $5,000.
(h) Rule of Construction.--Nothing in this section or an
amendment made by this section may be construed to modify--
(1) except as otherwise specifically provided in this
section, the process prescribed by sections 328 and 329A of
the Immigration and Nationality Act ( 8 U.S.C. 1439, 1440-1)
by which a person may naturalize, or be granted posthumous
United States citizenship, through service in the Armed
Forces; or
(2) the qualifications for original enlistment in any
component of the Armed Forces otherwise prescribed by law or
the Secretary of Defense.
______