[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2755-S2756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 663. Mr. ROUNDS (for himself and Mr. King) submitted an amendment 
intended to be proposed by him 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

[[Page S2756]]

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. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.

       (a) Additional Qualified Persons.--Section 504(b) of title 
     10, United States Code, is amended--
       (1) in paragraph (1), by adding at the end the following 
     new subparagraph:
       ``(D) A Dreamer student.''; and
       (2) by adding at the end the following new paragraph:
       ``(4) In this subsection, the term `Dreamer student' means 
     an individual who--
       ``(A) is not a national of the United States (as defined in 
     section 101(a)(21) of the Immigration and Nationality Act (8 
     U.S.C. 1101(21)));
       ``(B) maintains a residence in the United States (as 
     defined in section 101(a)(33) of such Act (8 U.S.C. 
     1101(33)));
       ``(C)(i) is not authorized to be temporarily in the United 
     States under subparagraph (F), (J), (M), or (Q) of section 
     101(a)(15) of such Act (8 U.S.C. 1101(a)(15)); or
       ``(ii) does not have an application pending for the purpose 
     of seeking such authorization;
       ``(D)(i) possesses a valid document or documents 
     demonstrating that the individual is in a lawful immigration 
     status in the United States (excluding a nonimmigrant status 
     under subparagraph (F), (J), (M), or (Q) of section 
     101(a)(15) of such Act (8 U.S.C. 1101(a)(15)));
       ``(ii) possesses a valid document or documents 
     demonstrating that the individual is lawfully present in the 
     United States (excluding lawful presence, or a pending 
     application, under any of such subparagraphs);
       ``(iii) possesses an expired document or documents 
     demonstrating that the individual, in the past, was granted--
       ``(I) deferred action pursuant to the Deferred Action for 
     Childhood Arrivals policy announced by the Secretary of 
     Homeland Security on June 15, 2012; or
       ``(II) status as a son or daughter of an alien admitted as 
     a nonimmigrant authorized to engage in employment in the 
     United States (other than a nonimmigrant described in 
     subparagraph (A), (G), (N), or (S) of section 101(a)(15) of 
     such Act (8 U.S.C. 1101(a)(15));
       ``(iv) would have been eligible for deferred action 
     pursuant to the Deferred Action for Childhood Arrivals policy 
     announced by the Secretary of Homeland Security on June 15, 
     2012, if not for the court orders of the United States Court 
     of Appeals for the Fifth Circuit in Texas et al. v. United 
     States of America et al., No. 21-40680 (Oct. 5, 2022) and the 
     United States District Court for the Southern District of 
     Texas in Texas, et al., v. United States of America, et al., 
     1:18-CV-00068, (July 16, 2021), and has never engaged in 
     conduct that would render the individual ineligible for that 
     relief; or
       ``(E) was 18 years of age or younger on the date on which 
     the individual initially entered the United States;
       ``(F) has provided a list of each secondary school that the 
     student attended in the United States; and
       ``(G)(i) has earned a high school diploma, the recognized 
     equivalent of such diploma from a secondary school, or a high 
     school equivalency diploma in the United States or is 
     scheduled to complete the requirements for such a diploma or 
     equivalent before the next academic year begins; or
       ``(ii) has acquired a degree from an institution of higher 
     education or is enrolled in a program for a baccalaureate 
     degree or higher degree at an institution of higher education 
     in the United States.''.
       (b) Admission to Permanent Residence of Enlisted Persons.--
     Such section is further amended by adding at the end the 
     following new subsection:
       ``(c) Admission to Permanent Residence of Certain Enlisted 
     Persons.--(1) Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall adjust the status of an 
     individual described in subparagraph (D) of subsection (b)(1) 
     to the status of an alien lawfully admitted for permanent 
     residence if such individual--
       ``(A) has completed 5 years of honorable service, and if 
     separated from such service, was never separated except under 
     honorable conditions; and
       ``(B) is otherwise eligible for adjustment of status under 
     section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255).
       ``(2) For purposes of adjustment of status under this 
     subsection, a person described in paragraph (1)--
       ``(A) shall be considered inspected and admitted to the 
     United States; and
       ``(B) shall not be subject to paragraph (6)(A), (6)(C), 
     (7)(A), or (9) of section 212(a) of such Act (8 U.S.C. 
     1182(a)).
       ``(3) An individual in lawful permanent resident status 
     whose status was so adjusted under this subsection shall not 
     be eligible to submit a petition for an alien relative (other 
     than a spouse, child, or son or daughter).
       ``(4) Nothing in this subsection may be construed to modify 
     the process set forth in sections 328, 329, and 329A of the 
     Immigration and Nationality Act (8 U.S.C. 1439, 1440, 1440-1) 
     by which an individual may naturalize through service in the 
     armed forces.''.
       (c) Clerical Amendments.--
       (1) Section heading.--Such section is further amended by 
     inserting ``: citizenship or residency requirements; 
     exceptions'' after ``qualified''.
       (2) Table of sections.--The table of sections at the 
     beginning of chapter 31 of title 10, United States Code, is 
     amended by striking the item relating to section 504 and 
     inserting the following new item:

``504. Persons not qualified: citizenship or residency requirements; 
              exceptions.''.
                                 ______