[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S795-S798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1575. Mr. PADILLA submitted an amendment intended to be proposed
to amendment SA 1388 proposed by Mrs. Murray (for herself and Mr.
Schumer) to the bill H.R. 815, to amend title 38, United States Code,
to make certain improvements relating to the eligibility of veterans to
receive reimbursement for emergency treatment furnished through the
Veterans Community Care program, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
DIVISION C--VETERAN DEPORTATION PREVENTION AND REFORM ACT
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Veteran Deportation
Prevention and Reform Act''.
SEC. 4002. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) military service to the United States is a sacrifice
that demonstrates loyalty to our Nation;
(2) a noncitizen who takes an oath of enlistment or an oath
of office to join the United States Armed Forces, by
promising to support and defend the Constitution of the
United States against all enemies, foreign and domestic,
deserves facilitated access to naturalization;
(3) each noncitizen described in paragraph (2) and his or
her immediate family members deserve consideration for the
exercise of prosecutorial discretion in immigration removal
proceedings; and
(4) a noncitizen veteran who is deported after
consideration under this division should be provided the same
veterans' benefits to which a similarly situated United
States citizen veteran would be entitled.
SEC. 4003. DEFINITIONS.
In this division:
(1) Advisory committee.--The term ``Advisory Committee''
means the Military Family Immigration Advisory Committee
established pursuant to section 4008.
(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(a)(4)
of title 10, United States Code, and includes the reserve
components of the Armed Forces.
(4) Advisory committee.--The term ``Advisory Committee''
means the Military Family Immigration Advisory Committee
established pursuant to section 4008.
(5) Covered family member.--The term ``covered family
member'' means the noncitizen spouse, noncitizen parent, or
noncitizen minor child of--
(A) a member of the Armed Forces serving on active duty or
in a reserve component; or
(B) a veteran.
(6) Crime of violence.--The term ``crime of violence''
means an offense defined in section 16(a) of title 18, United
States Code--
(A) that is not a purely political offense; and
(B) for which a noncitizen has served a term of
imprisonment of at least 5 years.
(7) Eligible veteran.--
(A) In general.--The term ``eligible veteran'' means a
veteran who--
(i) is a noncitizen; and
(ii) meets the criteria described in section 4012(e).
(B) Inclusion.--The term ``eligible veteran'' includes a
veteran who--
(i) was removed from the United States; or
(ii) is abroad and is inadmissible under section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(8) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(9) 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))).
(10) Veteran.--The term ``veteran'' means a person who
served as a member of the Armed Forces on active duty or in a
reserve component and who was discharged or released from
such service under conditions other than dishonorable.
SEC. 4004. IDENTIFICATION OF MEMBERS OF THE ARMED FORCES,
VETERANS, AND COVERED FAMILY MEMBERS IN REMOVAL
PROCEEDINGS.
(a) In General.--No Federal agency may initiate removal
proceedings or reinstatement of a removal order without first
asking the individual, and recording the answer in a
searchable electronic database, whether such individual is--
(1) a member of the Armed Forces serving on active duty or
in a reserve component;
(2) a veteran; or
(3) a covered family member.
(b) Transfer of Case Files.--The Director of U.S.
Immigration and Customs Enforcement, the Director of U.S.
Citizenship and Immigration Services, and the Commissioner
[[Page S796]]
of U.S. Customs and Border Patrol, as applicable, shall
transfer a copy of the complete case file of any individual
identified under subsection (a), immediately after such
identification, to the Advisory Committee.
(c) Limitation on Removal.--Notwithstanding any other
provision of law, an individual described in subsection (a)
may not be ordered removed or removed until the Military
Family Immigration Advisory Committee has provided
recommendations with respect to such individual to the
Secretary of Homeland Security and to the Attorney General in
accordance with section 4008.
(d) Prohibition of Detention During Advisory Committee
Review.--Notwithstanding any other provision of law, no
individual described in paragraph (1), (2), or (3) of
subsection (a) may be detained by the Department of Homeland
Security while the Advisory Committee is reviewing his or her
case unless such individual poses a danger to public safety
or national security.
SEC. 4005. 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 of noncitizen
veterans 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--
(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 on
active duty in the Armed Forces or in a reserve component of
the Armed Forces;
(2) for each noncitizen described in paragraph (1)--
(A) the country of origin of the noncitizen;
(B) the length of time the noncitizen served as a member of
the Armed Forces;
(C) the number of covered family members of the noncitizen,
as applicable;
(D) the grounds for removal under section 212(a) or 237(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a) and
1227(a)), as applicable;
(E) whether the noncitizen appealed the removal order;
(F) whether the noncitizen was detained; and
(G) whether the noncitizen was represented by a lawyer;
(3) the number of noncitizens described in paragraph (1)
who--
(A) were discharged or released from service under
honorable conditions;
(B) were deployed overseas;
(C) served on active duty in the Armed Forces in an
overseas contingency operation;
(D) were awarded military decorations, campaign medals, or
service medals;
(E) applied for benefits under laws administered by the
Secretary of Veterans Affairs; or
(F) are receiving benefits described in subparagraph (E);
(4) a description of the reasons preventing any of the
noncitizens who applied for benefits described in paragraph
(3)(E) from receiving such benefits;
(5) the number of noncitizens who--
(A) currently serve or previously served as a member of the
Armed Forces; and
(B) are currently in removal proceedings; and
(6) for each noncitizen described in paragraph (5), the
grounds for inadmissibility or deportability under section
212(a) or 237(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a) and 1227(a)), as applicable.
(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. 4006. INFORMATION REGARDING VETERANS SUBJECT TO REMOVAL
PROCEEDINGS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall create a system to maintain information, that is shared
across the Department of Homeland Security (including
Enforcement and Removal Operations, the Office of the
Principal Legal Advisor, and Homeland Security
Investigations), regarding potentially removable noncitizen
veterans (including the names and last known addresses of
such individuals) and removal proceedings with respect to any
such individual, for the purpose of ensuring that service in
the Armed Forces of any such individual is taken into
consideration during any adjudication under the immigration
laws with respect to such individual, including--
(1) information collected pursuant to the protocol
established under section 4007(a);
(2) information regarding the covered family members of the
noncitizens described in section 4007(a)(1); and
(3) information provided by the Secretary of Defense
pursuant subsection (b).
(b) Provision of Information by Department of Defense.--Not
later than 30 days after a noncitizen veteran is honorably
discharged from the Armed Forces, the Secretary of Defense
shall provide to the Secretary of Homeland Security a copy of
the Certificate of Release or Discharge from Active Duty
form, or other discharge documents from a Reserve Component,
for inclusion in the system established pursuant to
subsection (a).
(c) Confidentiality.--Information collected under this
section or under section 4007 may not be disclosed for
purposes of immigration enforcement.
SEC. 4007. PROTOCOL FOR IDENTIFYING NONCITIZEN VETERANS.
(a) In General.--Not later than the last day of the first
fiscal year beginning after the date of the enactment of this
Act, the Secretary of Homeland Security shall establish--
(1) a protocol, which shall be known as the ``Immigrant
Veterans Eligibility Tracking System'' or ``I-VETS'', for--
(A) identifying noncitizens who are or may be veterans and
the covered family members of such veterans; and
(B) collecting and maintaining data, for use by U.S.
Immigration and Customs Enforcement, with respect to such
veterans and covered family members who are--
(i) are in removal proceedings; or
(ii) have been removed;
(2) best practices with respect to addressing issues
related to the removal of any noncitizen or covered family
member described in paragraph (1); and
(3) an annual training program with respect to the protocol
and best practices established under paragraphs (1) and (2).
(b) 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 and U.S. Citizenship and
Immigration Services shall annually participate in the
training program on the protocol and best practices developed
pursuant to subsection (a).
SEC. 4008. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense and in cooperation
with the Secretary of the Army, the Secretary of the Navy,
the Secretary of the Air Force, and the Commandant of the
Coast Guard, shall establish the Military Family Immigration
Advisory Committee to provide recommendations to the
Secretary of Homeland Security and the Attorney General
regarding the exercise of prosecutorial discretion in cases
involving removal proceedings of individuals described in
section 4004(a).
(b) Membership.--The Advisory Committee shall be composed
of the following officers of the Armed Forces:
(1) The Deputy Commanding General of Army Human Resources
Command, or designee.
(2) The Judge Advocate of the Army, or designee.
(3) The Deputy Commander of Navy Personnel Command, or
designee.
(4) The Judge Advocate of the Navy, or designee.
(5) The Vice Chief of Staff of the Air Force.
(6) The Judge Advocate of the Air Force, or designee.
(7) The Deputy Commandant for Mission Support of the Coast
Guard.
(8) The Judge Advocate of the Coast Guard, or designee.
(9) The Deputy Commandant of Manpower and Reserve Affairs
of the Marine Corps, or designee.
(10) The Chief of Space Operations.
(c) Case Reviews.--
(1) In general.--Not later than 30 days after the Director
of U.S. Immigration and Customs Enforcement notifies the
Advisory Committee of an individual described in section
4004(a), the Advisory Committee shall meet to review the case
and to provide a written recommendation to the Secretary of
Homeland Security and to such individual regarding whether
the individual--
(A) notwithstanding the grounds for removal asserted by
U.S. Immigration and Customs Enforcement, should be granted--
(i) a dismissal or termination of removal procedures;
(ii) a stay of removal or cancellation of removal and
allowed to apply for asylum;
(iii) an adjustment of status to that of an alien lawfully
admitted for permanent residence;
(iv) deferred action;
(v) parole; or
(vi) other applicable immigration relief; or
(B) should be removed from the United States.
(2) Submission of information.--An individual who is the
subject of a case review under paragraph (1) may submit
information to the Advisory Committee, which shall be
considered by the Advisory Committee before making a
recommendation pursuant to paragraph (1).
(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 serving on
active duty or in a reserve component, whether the
individual--
(i) took an oath of enlistment or an oath of office;
(ii) received military decorations, campaign medals, or
service medals, 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;
[[Page S797]]
(iv) contributed to his or her local community during his
or her service in the Armed Forces; and
(v) is a national of a country that--
(I) persecutes members or veterans of the United States
military;
(II) is home to criminal organizations that target and
recruit veterans of the United States military; or
(III) has hostile relations with the United States; or
(B) with respect to a veteran, whether the individual--
(i) took an oath of enlistment or an oath of office;
(ii) completed a term of service in the Armed Forces and
was discharged under conditions other than dishonorable;
(iii) received military decorations, campaign medals, or
service medals, 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;
(v) contributed to his or her local community during or
after his or her service in the Armed Forces; or
(vi) is a national of a country that--
(I) persecutes members or veterans of the United States
military;
(II) is home to criminal organizations that target and
recruit veterans of the Unites States military; or
(III) has hostile relations with the United States; 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.
(4) Presumption in favor of following advisory committee
recommendation.--The Secretary of Homeland Security shall
follow the recommendations received from the Advisory
Committee pursuant to paragraph (1) with respect to
individuals in removal proceedings unless the Secretary, on a
case-by-case basis--
(A) issues a written determination that a recommendation
regarding an individual described in section 4004(a) is
unjustified; and
(B) provides such written determination to such individual.
(d) Consultation With Principal Legal Advisor of U.S.
Immigration and Customs Enforcement.--The Principal Legal
Advisor of U.S. Immigration and Customs Enforcement, or
designee, shall consult with the Advisory Committee at the
request of members of the Advisory Committee.
(e) Briefings on Unsuitability of Noncitizen Members of the
Armed Forces.--The Under Secretary of Defense for Personnel
and Readiness shall provide detailed briefings to the
Advisory Committee regarding the reasons for determining the
unsuitability of noncitizen members of the Armed Forces whose
cases are being considered by the Advisory Committee.
(f) 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.
(g) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 4009. LIST OF COUNTRIES UNWILLING TO REPATRIATE UNITED
STATES VETERANS.
The Secretary of Homeland Security, in consultation with
the Secretary of State, shall compile, and annually update, a
list of countries that refuse to repatriate nationals of such
country who have enlisted or been appointed in the United
States Armed Forces.
SEC. 4010. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.
(a) In General.--The Secretary of Homeland Security, acting
through the Director of U.S. Citizenship and Immigration
Services, and the Secretary of Defense shall jointly carry
out a program under which any individual noncitizen who
serves in the Armed Forces, and the covered family members of
such noncitizen, shall be naturalized as a United States
citizen if such individual, and such covered family members,
submit an application for naturalization and are not
otherwise ineligible for citizenship under the immigration
laws.
(b) JAG Training.--The Secretary of Defense shall ensure
that appropriate members of the Judge Advocate General Corps
of the Armed Forces shall 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 assigned to units in such areas.
(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 become a naturalized United States citizen;
(2) limitations on the path to citizenship for family
members of such noncitizens; and
(3) points of contact at the Department of Homeland
Security to resolve emergency immigration-related situations
with respect to such noncitizens and family members.
(d) Application for Naturalization.--
(1) Biometrics.--
(A) Submission of biometric information.--The Secretary of
Defense shall ensure that, at the time of accession into the
Armed Forces, biometric information of an individual who has
applied, or who plans to apply, for naturalization is
submitted to U.S. Citizenship and Immigration Services for
the purposes of such application.
(B) Acceptance of biometric information.--The Director of
U.S. Citizenship and Immigration Services shall accept any
biometric information submitted pursuant to subparagraph (A).
(2) Filing of application.--The Secretary of Homeland
Security, in coordination with the Secretary of Defense,
shall ensure that each noncitizen individual who accesses
into the Armed Forces is permitted to file an application for
naturalization as part of the accessions process.
(3) Adjudication of application.--The Secretary of Homeland
Security, in coordination with the Secretary of Defense,
shall ensure that the application for naturalization of any
individual who applies for naturalization during the
accessions process into the Armed Forces is adjudicated not
later than the last day of active service of such individual
in the Armed Forces.
(e) Annual Reports.--The Secretary of each military
department shall submit an annual report to the appropriate
congressional committees regarding--
(1) the number of all noncitizens who enlisted or were
appointed in their department;
(2) the number of members of the Armed Forces in their
department who have become naturalized United States
citizens; and
(3) the number of 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.
SEC. 4011. 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 at each
Military Entrance Processing Station there is stationed or
employed--
(1) an employee of U.S. Citizenship and Immigration
Services; or
(2) in the case that the Secretary determines that it is
impracticable station or employ a person described in
paragraph (1) at a Military Entrance Processing Station, a
member of the Armed Forces or 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 and 1440).
SEC. 4012. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE
UNITED STATES; ADJUSTMENT OF STATUS.
(a) Program for Admission and Adjustment of Status.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall establish a
program and an application procedure that allows--
(1) eligible veterans residing outside of the United States
and their covered family members to be admitted to the United
States as noncitizens lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); and
(2) eligible veterans in the United States and their
covered family members to adjust their status to that of
noncitizens lawfully admitted for permanent residence.
(b) Veterans Ordered Removed.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, in the case of noncitizen veterans
and their covered family members who are the subjects of
final orders of removal, including noncitizen veterans and
covered family members who are outside the United States, the
Attorney General shall--
(A) reopen the removal proceedings of each such noncitizen
veteran and covered family member; and
(B) make a determination with respect to whether each such
noncitizen veteran is an eligible veteran.
(2) Rescission of removal order.--In the case of a
determination under paragraph (1)(B) that a noncitizen
veteran is an eligible veteran, the Attorney General shall--
(A) rescind the order of removal with respect to such
noncitizen and his or her covered family members;
(B) adjust the status of the eligible veteran and his or
her covered family members to that of noncitizens lawfully
admitted for permanent residence; and
(C) terminate removal proceedings with respect to such
noncitizen and covered family members.
(c) Veterans in Removal Proceedings.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, in the case of noncitizen
veterans, the removal proceedings of whom are pending as of
the date of the enactment of this Act, the Attorney General
shall make a determination with respect to whether each such
noncitizen veteran is an eligible veteran.
(2) Termination of proceedings.--In the case of a
determination under paragraph (1)
[[Page S798]]
that a noncitizen veteran is an eligible veteran, the
Attorney General shall--
(A) adjust the status of such eligible veteran and his or
her covered family members to reinstate that of noncitizens
lawfully admitted for permanent residence; and
(B) terminate removal proceedings with respect to such
eligible veteran and covered family members.
(d) No Numerical Limitations.--Nothing in this section or
in any other law may be construed to apply a numerical
limitation on the number of veterans who may be eligible to
receive a benefit under this section.
(e) Eligibility.--
(1) In general.--Notwithstanding sections 212 and 237 of
the Immigration and Nationality Act (8 U.S.C. 1182 and 1227)
or any other provision of law, a noncitizen veteran and his
or her covered family members shall be eligible to
participate in the program established under subsection (a)
or for adjustment of status under subsections (b) or (c), as
applicable, if the Secretary or the Attorney General, as
applicable, determines that the noncitizen veteran or covered
family members--
(A) were not removed or ordered removed from the United
States based on a conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national security of the
United States for which the noncitizen veteran has served a
term of imprisonment of at least 5 years; and
(B) are not inadmissible to, or deportable from, the United
States based on a conviction for a crime described in
subparagraph (A).
(2) Waiver.--The Secretary may waive the application of
paragraph (1)--
(A) for humanitarian purposes;
(B) to ensure family unity;
(C) based on exceptional service in the Armed Forces; or
(D) if a waiver otherwise is in the public interest.
SEC. 4013. ESTABLISHING GOOD MORAL CHARACTER OF APPLICANTS
FOR CITIZENSHIP WHO SERVED HONORABLY IN THE
ARMED FORCES OF THE UNITED STATES.
Section 328(e) of the Immigration and Nationality Act (8
U.S.C. 1439(e)) is amended by adding at the end the
following: ``Notwithstanding section 101(f), a finding that
an applicant under this section or under section 329 is
described in any of paragraphs (1) through (8) of section
101(f) (except in the case of an applicant who is described
in any such paragraph because of having been convicted of an
aggravated felony described in subparagraph (A), (I), (K), or
(L) of section 101(a)(43)) shall not preclude a finding that
the applicant is of good moral character.''.
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