[Congressional Record Volume 171, Number 6 (Monday, January 13, 2025)]
[Senate]
[Pages S93-S94]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4. Ms. DUCKWORTH submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
TITLE II--VETERANS VISA AND PROTECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Veterans Visa and
Protection Act of 2025''.
SEC. 202. DEFINITIONS.
In this title:
(1) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of
title 10, United States Code.
(2) 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.
(3) 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 203(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)).
(4) Noncitizen.--The term ``noncitizen'' means an
individual who is not a citizen or national of the United
States.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Service member.--The term ``service member'' means an
individual who is serving as a member of--
(A) a regular or reserve component of the Armed Forces on
active duty; or
(B) a reserve component of the Armed Forces in an active
status.
(7) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
SEC. 203. 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 shall establish a program and an
application procedure that allows--
[[Page S94]]
(1) eligible veterans outside the United States to be
admitted to the United States as aliens lawfully admitted for
permanent residence (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))); and
(2) eligible veterans in the United States to adjust status
to that of aliens lawfully admitted for permanent residence.
(b) Veterans Ordered Removed.--
(1) In general.--With respect to noncitizen veterans who
are the subjects of final orders of removal, including
noncitizen veterans who are outside the United States, not
later than 180 days after the date of the enactment of this
Act, the Attorney General shall--
(A) reopen the removal proceedings of each such noncitizen
veteran; 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;
(B) adjust the status of the eligible veteran to that of an
alien lawfully admitted for permanent residence; and
(C) terminate removal proceedings.
(c) Veterans in Removal Proceedings.--
(1) In general.--With respect to noncitizen veterans the
removal proceedings of whom are pending as of the date of the
enactment of this Act, not later than 180 days after 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) that a noncitizen veteran
is an eligible veteran, the Attorney General shall--
(A) adjust the status of the eligible veteran to that of an
alien lawfully admitted for permanent residence; and
(B) terminate removal proceedings.
(d) No Numerical Limitations.--Nothing in this section or
in any other provision of law may be construed to apply a
numerical limitation to the number of veterans who may be
eligible to receive a benefit under this section.
(e) Eligibility.--
(1) In general.--Notwithstanding any other provision of
law, including sections 212 and 237 of the Immigration and
Nationality Act (8 U.S.C. 1182 and 1227), a noncitizen
veteran shall be eligible to participate in the program
established under subsection (a) or for adjustment of status
under subsection (b) or (c), as applicable, if the Secretary
or the Attorney General, as applicable, determines that the
noncitizen veteran--
(A) was 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) is 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
subparagraph (A) or (B) 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 is otherwise in the public interest.
SEC. 204. PROTECTING VETERANS AND SERVICE MEMBERS FROM
REMOVAL.
Notwithstanding any other provision of law, including
section 237 of the Immigration and Nationality Act (8 U.S.C.
1227), a noncitizen who is a veteran or service member may
not be removed from the United States unless the noncitizen
has been convicted for a crime of violence.
SEC. 205. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES.
(a) In General.--Subject to subsection (b), a noncitizen
who has obtained the status of an alien lawfully admitted for
permanent residence pursuant to section 203 shall be eligible
for 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).
(b) Special Rules.--
(1) Good moral character.--In determining whether a
noncitizen described in subsection (a) is a person of good
moral character, the Secretary shall disregard the one or
more grounds on which the noncitizen was--
(A) removed or ordered removed from the United States; or
(B) rendered inadmissible to, or deportable from, the
United States.
(2) Periods of absence.--The Secretary shall disregard any
period of absence from the United States of a noncitizen
described in subsection (a) due to the noncitizen having been
removed from, or being inadmissible to, the United States if
the noncitizen satisfies the applicable requirement relating
to continuous residence or physical presence.
SEC. 206. ACCESS TO MILITARY BENEFITS.
A noncitizen who has obtained the status of an alien
lawfully admitted for permanent residence pursuant to section
203 shall be eligible for all military and veterans benefits
for which the noncitizen would have been eligible had the
noncitizen not been ordered removed or removed from the
United States, voluntarily departed the United States, or
rendered inadmissible to, or deportable from, the United
States, as applicable.
SEC. 207. IMPLEMENTATION.
(a) Identification.--The Secretary shall identify
noncitizen service members and veterans at risk of removal
from the United States by--
(1) before initiating a removal proceeding against a
noncitizen, asking the noncitizen whether he or she is
serving, or has served, as a member of--
(A) a regular or reserve component of the Armed Forces on
active duty; or
(B) a reserve component of the Armed Forces in an active
status;
(2) requiring U.S. Immigration and Customs Enforcement
personnel to seek supervisory approval before initiating a
removal proceeding against a service member or veteran; and
(3) keeping records of any service member or veteran who
has been--
(A) the subject of a removal proceeding;
(B) detained by the Director of U.S. Immigration and
Customs Enforcement; or
(C) removed from the United States.
(b) Record Annotation.--
(1) In general.--In the case of a noncitizen service member
or veteran identified under subsection (a), the Secretary
shall annotate all immigration and naturalization records of
the Department of Homeland Security relating to the
noncitizen--
(A) to reflect that the noncitizen is a service member or
veteran; and
(B) to afford an opportunity to track the outcomes for the
noncitizen.
(2) Contents of annotation.--Each annotation under
paragraph (1) shall include--
(A) the branch of military service in which the noncitizen
is serving or has served;
(B) whether the noncitizen is serving, or has served,
during a period of military hostilities described in section
329 of the Immigration and Nationality Act (8 U.S.C. 1440);
(C) the immigration status of the noncitizen on the date of
enlistment;
(D) whether the noncitizen is serving honorably or was
separated under honorable conditions;
(E) the ground on which removal of the noncitizen from the
United States was sought; and
(F) in the case of a noncitizen the removal proceedings of
whom were initiated on the basis of a criminal conviction,
the crime for which the noncitizen was convicted.
SEC. 208. REGULATIONS.
Not later than 90 days after the date of the enactment of
this title, the Secretary shall promulgate regulations to
implement this title.
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