[House Report 117-558]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-558
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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.
VETERAN SERVICE RECOGNITION ACT OF 2022
_______
November 15, 2022.--Ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7946]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 7946) to provide benefits for noncitizen members of
the Armed Forces, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 7
Background and Need for the Legislation.......................... 7
Hearings......................................................... 13
Committee Consideration.......................................... 14
Committee Votes.................................................. 14
Committee Oversight Findings..................................... 38
Committee Estimate of Budgetary Effects.......................... 38
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 38
Duplication of Federal Programs.................................. 38
Performance Goals and Objectives................................. 38
Advisory on Earmarks............................................. 38
Section-by-Section Analysis...................................... 38
Changes in Existing Law Made by the Bill, as Reported............ 42
Committee Correspondence......................................... 44
Minority Views................................................... 46
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
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.
(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
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.
Purpose and Summary
H.R. 7946, the ``Veteran Service Recognition Act of 2022,''
would (1) direct the Department of Homeland Security (DHS) and
the Department of Defense (DOD) to implement a program that
allows non-citizen service members to file for naturalization
during basic training, or as early as otherwise possible; (2)
establish a Military Family Immigration Advisory Committee to
review and provide recommendations on the cases of noncitizen
veterans, active service members, and their families who are in
removal proceedings; (3) provide an opportunity for noncitizen
veterans who have been removed or ordered removed and who have
not been convicted of serious crimes, to apply for legal
permanent resident status; and (4) allow adjustment of status
for certain individuals who are the immediate relatives of U.S.
citizens who served or are currently serving in the U.S. Armed
Forces for a minimum of two years.
Background and Need for the Legislation
Immigrants have served in the U.S. armed forces in every
major conflict from the Revolutionary War to the invasion of
Iraq.\1\ Immigrants--and the children of immigrants--represent
a significant portion of the current population of U.S.
veterans. Today, there are approximately 45,000 immigrants
actively serving in the U.S. armed services.\2\ Additionally,
2.4 million veterans, comprising 13 percent of all U.S.
veterans, are of immigrant origin, either as immigrants
themselves or as the children of immigrants.\3\ And of the
remainder, 1.5 million veterans had at least one parent that
was an immigrant.''\4\
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\1\Russell Contreras, AP Explains: Immigrants in U.S. Military
throughout History, Associated Press (July 15, 2018), https://
www.apnews.com/63693023ff5546458303b5a5e218d7de.
\2\5 things to Know About Immigrants in the Military, FWD.US (Jan.
6, 2021), https://www.fwd.us/news/immigrants-in-the-military/.
\3\Jie Zong and Jeanne Batalova, Immigrant Veterans in the United
States, Migration Policy Institute (May 16, 2019), https://
www.migrationpolicy.org/article/immigrant-veterans-united-states-2018
\4\Jeff Mason, Immigrants in the Military: A History of Service
(Aug. 16, 2017), Bipartisan Policy Center, https://
bipartisanpolicy.org/blog/immigrants-in-the-military-a-history-of-
service/.
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I. NONCITIZENS IN THE MILITARY
As a general rule, a noncitizen must be a lawful permanent
resident (LPR) to enlist in the U.S. military.\5\ A noncitizen
who is not an LPR may be authorized to enlist if an appropriate
cabinet-level Secretary determines that the non-citizen
``possess[es] a critical skill or expertise . . . that is vital
to the national interest'' and that the non-citizen will use
that skill or expertise as a primary duty in the armed
forces.\6\
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\5\10 U.S.C. Sec. 504(b)(1).
\6\10 U.S.C. Sec. 504(b)(2).
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In 2009, DOD authorized the Military Accessions Vital to
National Interest (MAVNI) pilot program as a recruitment tool
to enlist certain nonimmigrants and other noncitizens with
skills vital to the national interest of the United States.\7\
Its purpose was to address critical shortages of medical and
strategic language personnel in the U.S. armed services.
However, over the course of several reviews in 2016, the most
recent review indicated that there were counterintelligence and
security concerns within the program, leading to its suspension
by the Obama administration.
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\7\https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-3
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Additionally, noncitizens serving in the military are
permitted to apply for citizenship in a more expedited fashion
than traditional applicants. Generally, most LPRs are required
to wait three to five years before applying for U.S.
citizenship. However, noncitizens who serve honorably in the
military in peacetime for at least one year are eligible for
naturalization if they apply while still in the service or
within six months of discharge.\8\ Moreover, non-citizens who
serve in the military during a designated period of military
hostilities are eligible for naturalization on the first day of
their service.\9\ The United States has been in a period of
military hostilities since September 11, 2001, as designated by
President Bush via executive order.\10\
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\8\INA Sec. 328; 8 U.S.C. Sec. 1439.
\9\INA Sec. 329; 8 U.S.C. Sec. 1440.
\10\Executive Order No. 13269 (July 3, 2002), 67 Fed. Reg. 45287
(July 8, 2002).
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The prior administration implemented numerous policies that
significantly impacted noncitizen service members, veterans,
and their families. These policy changes generally made it
harder for noncitizen service members to naturalize,
contributed to a significant decline in military
naturalizations,\11\ and, as the Government Accountability
Office (GAO) concluded, resulted in the removal of noncitizen
veterans without the appropriate levels of review.\12\
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\11\https://www.uscis.gov/military/military-naturalization-
statistics,
\12\See Immigration Enforcement: Actions Needed to Better Handle,
Identify, and Track Cases Involving Veterans, Government Accountability
Office, 10 (June 2019), https://www.gao.gov/assets/700/699549.pdf.
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As one of his first acts in office, President Biden issued
an ``Executive Order on Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and Inclusion
Efforts for New Americans'' where he directed DHS as well as
the State and Justice Departments to partner with DOD to
``facilitate naturalization for . . . members of the
military.''\13\ Additionally, in July of this year, DHS and the
Department of Veterans Affairs (VA) announced an initiative to
support noncitizen service members, veterans, and their
immediate family members. As part of this initiative, DHS
Secretary Alejandro N. Mayorkas directed U.S. Citizenship and
Immigration Services (USCIS), Immigration and Customs
Enforcement (ICE), and Customs and Border Protection (CBP) to
conduct a review of policies to ``ensure that all eligible
current and former noncitizen service members and the immediate
families of military members are able to remain in or return to
the United States, remove barriers to naturalization for those
eligible, and improve access to immigration services.''\14\
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\13\Presidential Action, Executive Order on Restoring Faith in Our
Legal Immigration Systems and Strengthening Integration and Inclusion
Efforts for New Americans, Executive Order, White House (Feb. 2, 2021),
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/
02/executive-order-restoring-faith-in-our-legal-immigration-systems-
and-strengthening-integration-and-inclusion-efforts-for-new-americans/.
\14\DHS, VA Announce Initiative to Support Noncitizen Service
Members, Veterans, and Immediate Family Members, Department of Homeland
Security (July 2, 2021), https://www.dhs.gov/news/2021/07/02/dhs-va-
announce-initiative-support-noncitizen-service-members-veterans-and-
immediate.
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II. DEPORTED VETERANS
Since 2004, U.S. Immigrations and Customs Enforcement (ICE)
has developed and implemented several policies that dictate how
the agency should handle cases involving potentially removable
veterans.\15\ In general, before issuing a notice to appear
(NTA) to a veteran, ICE must consider, at a minimum, the
veteran's ``criminal history, evidence of rehabilitation,
family and financial ties to the United States, employment
history, health, and community service.''\16\ ICE must also
consider factors related to the veteran's military service,
such as duty status, number of years in service, whether the
person was assigned to a war zone, and decorations awarded.\17\
In addition, because prior military service is an indicator
that a person might be a U.S. citizen, a November 2015 policy
directs ICE officers to conduct a factual examination and legal
analysis to assess whether the veteran is a U.S. citizen.\18\
These policies direct ICE to detail their factual findings in
memoranda which are included in the individual's immigration
file. ICE management must authorize the NTA before it can be
issued.
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\15\ICE Acting Director of Investigations Marcy M. Forman, Issuance
of Notices to Appear, Administrative Orders of Removal, or
Reinstatement of a Final Removal Order on Aliens with United States
Military Service (June 21, 2004); ICE Acting Director of Detention and
Removal Operations Victor Cerda, Issuance of Notices to Appear,
Administrative Orders of Removal, or Reinstatement of a Final Removal
Order on Aliens with United States Military Service (Sept. 3, 2004).
\16\Immigration Enforcement: Actions Needed to Better Handle,
Identify, and Track Cases Involving Veterans, Government Accountability
Office, 10 (June 2019) (hereinafter ``GAO Report''), https://
www.gao.gov/assets/700/699549.pdf.
\17\Id. at 11.
\18\ICE Directive 16001.2: Investigating the Potential U.S.
Citizenship of Individuals Encountered by ICE (Nov. 10, 2015).
---------------------------------------------------------------------------
A June 6, 2019 GAO report found that ICE ``did not
consistently follow its policies involving veterans who were
placed in removal proceedings'' in part because agency
officials were ``unaware of the policies.''\19\ As a result,
GAO concluded that cases involving veterans were not receiving
``appropriate levels'' of review.\20\ The report identified 250
veterans placed in removal proceedings from fiscal years 2013
through 2018, and at least 92 veterans who were deported.\21\
Many of these veterans have been removed from the United States
as a result of convictions or other transgressions tied to
post-traumatic stress disorder (PTSD), brain injury, or other
physical trauma suffered while on active duty that make the
transition back to civilian life extremely difficult.\22\
---------------------------------------------------------------------------
\19\GAO Report at 12.
\20\Id.
\21\Id. at 3.
\22\See e.g., Daniella Silva, Marine Combat Veteran Who Served in
Iraq Facing Deportation to El Salvador, NBC News (Oct. 19, 2019),
https://www.nbcnews.com/news/latino/marine-combat-veteran-who-served-
iraq-facing-deportation-el-salvador-n1068886.
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On May 21, 2021, the Office of the Principal Legal Advisor
(OPLA) for DHS issued new ``Interim Guidance to OPLA Attorneys
Regarding Civil Immigration Enforcement and Removal Policies
and Priorities'' directing ICE attorneys to consider ``service
in the U.S. military'' as a factor when these attorneys
exercise prosecutorial discretion in an immigration removal
proceeding.\23\ Additionally, on June 7, 2022, ICE announced a
new policy directive requiring the consideration of U.S.
military service when determining civil immigration enforcement
actions against noncitizens.\24\ The directive provides agency-
wide guidance to ``ensure service in the U.S. military by a
noncitizen or their immediate family members is taken into
consideration when deciding whether to take civil immigration
enforcement actions against them and what enforcement action to
take, if any.''\25\
---------------------------------------------------------------------------
\23\Available at https://www.ice.gov/doclib/about/offices/opla/
OPLA-immigration-enforcement_interim-guidance.pdf (``A favorable
exercise of prosecutorial discretion (i.e., concurrence with or non-
opposition to a motion for dismissal of proceedings without prejudice)
generally will be appropriate if a noncitizen or immediate relative is
a current or former member (honorably discharged) of the Armed Forces,
including the U.S. Army, Air Force, Navy, Marine Corps, Coast Guard,
and Space Force, or a member of a reserve component of the Armed Forces
or National Guard, particularly if the individual may qualify for U.S.
citizenship under sections 328 or 329 of the INA.'').
\24\ICE to Consider Military Service When Determining Civil
Immigration Enforcement, Newsroom, U.S. Immigration and Customs
Enforcement (June 7, 2022), https://www.ice.gov/news/releases/ice-
consider-military-service-when-determining-civil-immigration-
enforcement.
\25\Id.
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III. IMMVI INITIATIVE
On July 2, 2021, Secretary of Homeland Security Mayorkas
and Secretary of Veterans Affairs Denis R. McDonough announced
a new initiative to support our nation's noncitizen service
members, veterans, and the immediate family members of service
members.\26\ The initiative which has come to be known as
Immigrant Military Members and Veterans Initiative or IMMVI,
includes a variety of joint measures between DHS and the VA.
For the VA, this includes working with DHS and other partners
to identify deported veterans and ensure they can obtain VA
benefits to which they may be entitled. The VA is also working
to ensure all veterans, including deported veterans and their
families, are vaccinated.
---------------------------------------------------------------------------
\26\DHS, VA Announce Initiative to Support Noncitizen Service
Members, Veterans, and Immediate Family Members, Press Releases,
Department of Homeland Security (July 2, 2021), https://www.dhs.gov/
news/2021/07/02/dhs-va-announce-initiative-support-noncitizen-service-
members-veterans-and-immediate.
---------------------------------------------------------------------------
For DHS, the initiative resulted in the launching of two
new resources in February of 2022. The first was the creation
of a ``one-stop'' resource center that consolidates resources
and forms from DHS, DOD, and the VA so noncitizen service
members, veterans, and their families can easily find any
needed forms and resources. Second, DHS launched a new portal
on the DHS website that provides previously removed veterans
with a simple and fast way to get in touch with the Department
for assistance in returning to the United States or accessing
their VA benefits.\27\
---------------------------------------------------------------------------
\27\DHS, VA Launch New Online Services for Noncitizen Service
Members, Veterans, and Their Families, Press Releases, Department of
Homeland Security (Fe. 7, 2022), https://www.dhs.gov/news/2022/02/07/
dhs-va-launch-new-online-services-noncitizen-service-members-veterans-
and-their-families.
---------------------------------------------------------------------------
The IMMVI initiative also allows DHS to accept and
consider, on a case-by-case basis, parole requests under
section 212(d)(5) of the Immigration and Nationality Act (INA)
from certain noncitizen current and former military service
members, as well as qualifying family members of current and
former military service members who are outside the United
States so that they may seek to enter the United States to
better avail themselves of U.S. legal counsel and systems and
gain access to certain veterans' benefits.\28\ As of June 21,
2022, DHS has received 144 inquiries from veterans who are
outside the United States and want help with returning to the
United States and/or accessing VA benefits.\29\ DHS has also
received 60 requests for relief and return to the United States
from veterans and their family members.\30\ Of the 60 requests
for relief:
---------------------------------------------------------------------------
\28\Discretionary Options for Military Members, Enlistees and Their
Families, Military, U.S. Citizenship and Immigration Services (Apr. 25,
2022), https://www.uscis.gov/military/discretionary-options-for-
military-members-enlistees-and-their-families.
\29\On file with the House Committee on the Judiciary.
\30\Id.
---------------------------------------------------------------------------
32 applications for humanitarian parole
remain pending;
16 individuals received humanitarian parole
(4 of whom returned to complete their applications for
naturalization and are now U.S. citizens);
8 individuals were denied their request for
humanitarian parole; and
4 individuals returned to the United States
as reinstated lawful permanent residents.
IV. MILITARY NATURALIZATION
Under the Trump Administration, DOD and USCIS implemented
numerous policy changes that undermine congressional intent to
provide an expedited naturalization process for military
service members and veterans. For example, on October 13, 2017,
DOD changed its policy to require LPRs to complete a background
investigation and receive a favorable Military Security
Suitability Determination (MSSD) and National Security
Determination (NSD) before the individual can report for basic
training.\31\ Prior to this, noncitizens in the military could
start basic training as soon as the screening process was
initiated, assuming they passed all other initial screening
requirements. The policy change had a significant impact on
LPRs seeking to join the military, as the background
investigation process can take a year or even longer. In
December 2018, a federal court blocked the implementation of
this policy, finding that DOD failed to provide an adequate
justification for the change.\32\
---------------------------------------------------------------------------
\31\DOD Announces Policy Changes to Lawful Permanent Residents and
the Military Accessions Vital to the National Interest (MAVNI) Pilot
Program (Oct. 13, 2017).
\32\ Order Granting Class Certification, Denying Motion to Dismiss,
and Granting Preliminary Injunction, Kuang v. United States Department
of Defense, Case No. 18-cv-03698 (N.D. Cal. Nov. 16, 2018); Don
Lamothe, After Losing Court Battle, Pentagon Will Send Green-Card
Holders to Recruit Training, Washington Post (Dec. 3, 2018), https://
www.washingtonpost.com/world/national-security/after-losing-court-
battle-pentagon-will-send-green-card-holders-to-recruit-training/2018/
12/03/3a858078-f742-11e8-863a-8972120646e0_story.html.
---------------------------------------------------------------------------
Also on October 13, 2017, DOD made it more difficult for
military members to receive a certification of honorable
service (USCIS Form N-426), which is essential to expedite the
naturalization process.\33\ Before October 13, 2017,
noncitizens could receive the certification once they began
active duty service.\34\ Under the new policy, noncitizens were
required to complete at least 180 consecutive days of active
duty service, or one year of service in the Selected Reserve of
the Ready Reserve to receive the certification. On August 25,
2020, a federal court enjoined DOD from enforcing this policy,
finding it unlawful.\35\ In addition, whereas the N-426 could
previously be certified by any supervising officer, under the
new policy it must be certified by the Secretary of the
applicable military branch or a commissioned officer serving in
a pay grade of O-6 or higher.\36\ These changes were made
without adequate explanation and with little to no outreach to
impacted members of the military. As a result, military
naturalizations declined 44 percent, from 7,360 in fiscal year
(FY) 2017 to 4,135 in FY 2018.\37\ At the same time, the
percentage of military naturalization applications denied by
USCIS increased from 10.4 percent in FY 2017 to 15.4 percent in
FY 2018.\38\
---------------------------------------------------------------------------
\33\ DOD Announces Policy Changes to Lawful Permanent Residents and
the Military Accessions Vital to the National Interest (MAVNI) Pilot
Program (Oct. 13, 2017), https://www.defense.gov/Newsroom/Releases/
Release/Article/1342317/dod-announces-policy-changes-to-lawful-
permanent-residents-and-the-military-acc/.
\34\Id.
\35\Samma v. U.S. Dep't of Defense, 486 F. Supp. 3d 240, 263
(D.D.C. 2020).
\36\Id.
\37\Military Naturalization Statistics (Dec. 6, 2018), https://
www.uscis.gov/military/military-naturalization-statistics.
\38\Naturalizations in the Military: A Recent Decline, National
Immigration Forum (July 11, 2019), https://immigrationforum.org/
article/naturalizations-in-the-military-a-recent-decline-2/. Military
Naturalization Statistics (Dec. 6, 2018), https://www.uscis.gov/
military/military-naturalization-statistics.
MILITARY NATURALIZATION STATISTICS FY2012-202139
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
8,693......................................................... 8,758 9,239 7,710 8,770 7,110 4,680 4,360 4,570 8,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lastly, USCIS announced, effective September 30, 2019, that
naturalization services for members of the military and their
families stationed overseas will now be consolidated to four
``hubs''' located in overseas military bases, a result of the
decision to close most of the USCIS international offices.\40\
USCIS officers will travel to each hub for one week every three
months to provide naturalization services to service members
and their families, who will be required to make their own
appointments and plan their travel arrangements.\41\ This
created additional hurdles and challenges for noncitizen
military members to naturalize.
---------------------------------------------------------------------------
\39\Military Naturalization Statistics (Dec. 6, 2018), https://
www.uscis.gov/military/military-naturalization-statistics.
\40\USCIS previously provided military citizenship services at its
23 international offices in 20 different countries. USCIS Announces New
Locations for Onsite Overseas Military Naturalization Services (Sept.
30, 2019), https://www.uscis.gov/news/news-releases/uscis-announces-
new-locations-onsite-overseas-military-naturalization-services.
\41\Id.
---------------------------------------------------------------------------
Since President Biden directed the DHS as well as the State
and Justice Departments to partner with the DOD to ``facilitate
naturalization for . . . members of the military'' in February
2021, naturalizations have increased significantly when
compared to the prior administration (see chart above). The
U.S. Navy has restarted naturalizations at basic training, but
the other service branches have yet to do so.\42\
---------------------------------------------------------------------------
\42\Path to Citizenship Returns to RTC, U.S. Navy (March 29, 2022),
https://www.navy.mil/Press-Office/News-Stories/Article/2982298/path-to-
citizenship-returns-to-rtc/.
---------------------------------------------------------------------------
V. FILIPINO WORLD WAR II VETERANS PAROLE PROGRAM
In September 2021, USCIS reversed the Trump
administration's 2019 attempt to end the Filipino World War II
Veterans Parole program.\43\ The program, which went into
effect in June 2016, allowed an estimated 2,000 to 6,000 U.S.
citizen veterans from World War II to request parole for
certain family members from the Philippines to allow them to
enter the United States and reunite with their family members
while they wait for their immigrant visas to become
available.\44\
---------------------------------------------------------------------------
\43\Filipino World War II Veterans Parole Program, U.S. Citizenship
and Immigration Services (Sept. 29, 2021), https://www.uscis.gov/
humanitarian/humanitarian-parole/filipino-world-war-ii-veterans-parole-
program.
\44\USCIS to Implement Filipino World War II Veterans Parole
Program (May 9, 2016), https://www.uscis.gov/archive/archive-news/
uscis-implement-filipino-world-war-ii-veterans-parole-program.
---------------------------------------------------------------------------
VI. MILITARY PAROLE IN PLACE
Military parole in place is an immigration benefit
available to foreign nationals who came into the United States
without authorization, and who are the spouses, parents, and
sons and daughters of U.S. military service members and
veterans.\45\ Started in 2007 under President George W. Bush,
this program allows these foreign nationals to remain in the
United States for a certain period of time (e.g., one-year
increments), and is considered a lawful status for purposes of
certain immigration benefits, such as adjustment of status.
Military parole in place is granted on a case-by-case basis.
Since 2013, USCIS has approved 39,780 applications for military
parole in place.\46\
---------------------------------------------------------------------------
\45\Discretionary Options for Military Members, Enlistees and Their
Families, Military, U.S. Citizenship and Immigration Services (Apr. 25,
2022), https://www.uscis.gov/military/discretionary-options-for-
military-members-enlistees-and-their-families.
\46\Information on file with the House Committee on the Judiciary.
---------------------------------------------------------------------------
The Trump administration considered terminating the
military parole in place program. On September 12, 2019, USCIS
indicated that, pursuant to Executive Order 13767, some
categorical programs were terminated, and that it was
``assessing the status of remaining [parole] programs--
including [parole in place]'' for possible termination.\47\
Ultimately, the Trump administration did not eliminate military
parole in place and continued to approve more than 20,000
applications from Fiscal Year 2017 to 2020.\48\
---------------------------------------------------------------------------
\47\Letter from Acting Director USCIS Ken Cuccinelli to Senator
Tammy Duckworth (D-IL) (Sept. 12, 2019), https://www.uscis.gov/sites/
default/files/files/nativedocuments/Parole_in_Place_PIP_program_-
_Senator_Duckworth.pdf.
\48\Information on file with the House Committee on the Judiciary.
---------------------------------------------------------------------------
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 7946:
``Oversight of Immigrant Military Members and Veterans,'' a
hearing held on June 29, 2022, before the Subcommittee on
Immigration and Citizenship. The Subcommittee heard testimony
from:
Jennifer McDonald, Senior Advisor to the
Secretary for Health, U.S. Department of Veterans
Affairs;
Stephanie Miller, Director, Officer and
Enlisted Personnel Management, U.S. Department of
Defense; and
Debra Rogers, Director, Immigrant Military
Members and Veterans Initiative, U.S. Department of
Homeland Security.
On February 2, 2021, President Biden directed the
Department of Homeland Security (DHS) as well as the State and
Justice Departments to partner with the Department of Defense
(DoD) to ``facilitate naturalization for . . . members of the
military.'' On July 2, 2021, DHS and the Department of Veterans
Affairs (VA) announced an initiative to support noncitizen
service members, veterans, and their family members. This
hearing explored the progress that has been made on the
President's executive order and how this initiative is being
implemented. The hearing also explored what legislation may be
needed to codify or complement this initiative.
Committee Consideration
On July 27, 2022, the Committee met in open session and
ordered the bill, H.R. 7946, favorably reported with an
amendment in the nature of a substitute, by a rollcall vote of
23 to 16, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following rollcall votes occurred during the Committee's
consideration of H.R. 7946:
1. An amendment by Mr. Biggs that would make an individual
ineligible for a recommendation for an exercise of discretion
by the Military Family Immigration Advisory Committee and would
make a noncitizen veteran ineligible for adjustment of status
or admission for lawful permanent residence unless any victims
related to crimes committed by such individual agree that the
individual should receive the exercise of discretion and the
individual has satisfied all obligations of restitution, fines,
fees, and any other obligations associated with the conviction
was defeated by a rollcall vote of 15 to 16. The vote was as
follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
2. An amendment by Mr. Biggs to add sections 212(a)(6)(C)
and 101(a)(43)(N) of the Immigration and Nationality Act
related to smuggling to the list of offenses that make
noncitizen veterans ineligible for adjustment of status or }
admission for lawful permanent residence was defeated by a
rollcall vote of 16 to 22. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
3. An amendment by Mr. Biggs to add section 212(a)(10)(D)
of the Immigration and Nationality Act related to unlawful
voting to the list of offenses that make noncitizen veterans
ineligible for adjustment of status or admission for lawful
permanent residence was defeated by a rollcall vote of 15 to
20. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
4. An amendment by Mr. Johnson of Louisiana to strike
section 7 of the bill related to the adjustment of status and
admission for lawful permanent residence of certain noncitizen
veterans was defeated by a rollcall vote of 18 to 19. The vote
was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
5. An amendment by Mr. Fitzgerald that would make an
individual ineligible for a recommendation of an exercise of
discretion by the Military Family Immigration Advisory
Committee if the individual is inadmissible under section
212(a)(2)(A)(i)(II) or deportable under 237(a)(2)(B)(i) of the
Immigration and Nationality Act for a violation of any law or
regulation relating to a controlled substance and would also
make a noncitizen veteran ineligible for adjustment of status
or admission for lawful permanent residence if such individual
had a conviction under section 101(a)(43)(B) of the Immigration
and Nationality Act related to illicit trafficking in
controlled substances was defeated by a rollcall vote of 19 to
21. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
6. An amendment by Mr. Tiffany that would make an
individual ineligible for a recommendation for an exercise of
discretion by the Military Family Immigration Advisory
Committee and would make a noncitizen veteran ineligible for
adjustment of status or admission for lawful permanent
residence if such individual was convicted of a crime of
domestic violence, as defined in 237(a)(2)(C)(i) of the
Immigration and Nationality Act was defeated by a rollcall vote
of 15 to 18. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
7. An amendment by Mr. Buck that would make a noncitizen
veteran ineligible for adjustment of status or admission for
lawful permanent residence if such individual was convicted of
a crime under section 101(a)(43)(S) of the Immigration and
Nationality Act related to perjury, obstruction of justice, or
bribery of a witness was defeated by a rollcall vote of 15 to
20. The vote was as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]]]]]
8. An amendment by Mr. Fitzgerald that would make a
noncitizen veteran ineligible for adjustment of status or
admission for lawful permanent residence if such individual had
a conviction under section 101(a)(43)(C) of the Immigration and
Nationality Act related to illicit trafficking in firearms or
destructive devices was defeated by a rollcall vote of 14 to
19. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
9. An amendment by Mr. Owens that would make a noncitizen
veteran ineligible for adjustment of status or admission for
lawful permanent residence if such individual is inadmissible
under section 212(a)(10)(C) of the Immigration and Nationality
Act related to international child abduction was defeated by a
rollcall vote of 13 to 18. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
10. An amendment by Mr. Johnson of Louisiana that would
make an individual ineligible for a recommendation for an
exercise of discretion by the Military Family Immigration
Advisory Committee and would a make noncitizen veteran
ineligible for adjustment of status or admission for lawful
permanent residence if such individual was convicted of two
offenses for driving while intoxicated was defeated by a
rollcall vote of 14 to 18. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
11. An amendment by Mr. Issa that would amend the
definition of veteran to mean an individual who has served in
the U.S. Armed Forces and was honorably discharged was defeated
by a rollcall vote of 16 to 20. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
12. A motion to report H.R. 7946, as amended, was agreed to
by a roll call vote of 23 to 16. The vote was as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings
In compliance with clause 3C(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3C(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause (3)(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
Duplication of Federal Programs
Pursuant to clause 3C(5) of House rule XIII, no provision
of H.R. 7946 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 7946 would (1) direct the Department of
Homeland Security (DHS) and the Department of Defense (DOD) to
implement a program that allows non-citizen service members to
file for naturalization during basic training, or as early as
otherwise possible; (2) establish a Military Family Immigration
Advisory Committee to review and provide recommendations on the
cases of noncitizen veterans, active service members, and their
families who are in removal proceedings; (3) provide an
opportunity for noncitizen veterans who have been removed or
ordered removed and who have not been convicted of serious
crimes, to apply for legal permanent resident status; and (4)
allow adjustment of status for certain individuals who are the
immediate relatives of U.S. citizens who served or are
currently serving in the U.S. Armed Forces for a minimum of two
years.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 7946
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. This section states the title of the
bill as the ``Veteran Service Recognition Act of 2022.''
Sec. 2. Study and report on noncitizen veterans removed from the United
States
Section 2(a) directs DOD, DHS, and VA to conduct a joint
study, no later than one year after enactment, on all
noncitizen veterans and noncitizen former members of the Armed
Forces who have been removed from the United States since
January 1, 1990.
Section 2(b) requires that DOD, DHS, and VA jointly submit
a report to Congress on the results of the study, no later than
90 days after the study is completed.
Sec 3. Information system on veterans subject to removal
Section (3)(a) directs DHS to create a protocol for
identifying noncitizens who are or may be veterans, as well as
a system for maintaining information about any noncitizen
veterans that are identified pursuant to the protocol. It also
requires that DHS create the protocol and system no later than
180 days after enactment.
Section 3(b) requires that the information system for
noncitizen veterans be shared across all components of DHS.
Section 3(c) ensures that any information available under
the information system for noncitizen veterans is taken into
consideration during removal proceedings and in any
adjudication of immigration status.
Section 3(d) prevents DHS from initiating removal
proceedings against an individual until DHS uses the
information system for noncitizen veterans to determine whether
the individual is a noncitizen veteran. If DHS determines that
the individual is or may be a veteran, DHS must notify the
Military Family Immigration Advisory Committee concurrently
upon initiating removal proceedings.
Section 3(e) requires that ICE personnel participate
annually in a training program on the protocol for identifying
noncitizens who are or may be veterans.
Sec. 4. Military Family Immigration Advisory Committee
Sections 4(a)-(c) direct DHS to establish the ``Military
Family Immigration Advisory Committee'' (Advisory Committee),
which shall be tasked with providing recommendations to DHS on
whether the circumstances of a noncitizen serving in the armed
forces, a noncitizen veteran, or their noncitizen spouse/
child(ren) who are potentially removable--
(1) warrant an exercise of prosecutorial discretion,
such as termination of proceedings, parole, deferred
action, stay of removal, administrative closure, or
authorization to apply for any other form of relief; or
(2) indicate that removal proceedings should continue
or be initiated.
Individuals shall be ineligible for an exercise of
prosecutorial discretion if they were convicted of five
offenses for driving while intoxicated unless the conviction is
older than 25 years.
Section 4(c) details the specific factors which the
Advisory Committee must consider when issuing a recommendation
and the frequency at which it must convene.
Section 4(d) directs DOD to provide detailed briefings to
the Advisory Committee regarding the service of noncitizen
veterans whose cases are being considered by the Advisory
Committee.
Section 4(e) requires DHS to issue quarterly reports to the
Advisory Committee regarding the actions taken in response to
the Advisory Committee's recommendations.
Section 4(f) ensures that DOD and DHS provide the Advisory
Committee with copies of any available records for individuals
whose cases are under consideration by the Advisory Committee.
Section 4(g) prohibits the removal of a noncitizen serving
in the armed forces, a noncitizen veteran, or their noncitizen
spouse/child(ren) until the Advisory Committee has provided
recommendations with respect to that individual to the
Secretary of Homeland Security.
Section 4(h) prohibits an individual convicted for an
offense under subparagraph (A) of section 101(a)(43) (a
conviction for murder, rape, sexual abuse of a minor) from
eligibility for a case review by the Advisory Committee.
Sec. 5. Program of citizenship through military service
Section 5(a) directs DHS and DOD to jointly implement a
program to ensure that noncitizen members of the armed forces
who serve during a period of presidentially designated military
hostilities can file applications for naturalization on or
after the first day of active duty or first day of Selected
Reserve service (e.g., during basic training). It ensures that
the form required for certifying military service is issued no
later than 30 days after request by noncitizen service members.
Sections 5(b)-(c) mandate certain Judge Advocate General's
Corp (JAG) and recruiter training on the naturalization process
for noncitizen service members and detail the type of training
required.
Section 5(d) requires each military department to submit
annual reports to Congress on the number of noncitizens who
were enlisted or appointed, naturalized, discharged, or
released without citizenship.
Section 5(e) establishes that noncitizens who serve
honorably in the Armed Forces in support of contingency
operations (e.g., Panama in 1989, Somalia in 1992) are eligible
for naturalization as if they served during a period of
presidentially designated military hostilities.
Section 5(f) extends the period for filing a naturalization
application from six months to one year after completing
eligible military service for noncitizen military veterans who
served during a period that was not designated by the president
as a period of military hostilities.
Sec.6. Information for military recruits regarding naturalization
through service in the Armed Forces
This section directs DOD to coordinate with DHS to ensure
that there is stationed or employed at each Military Entrance
Processing Station either:
(1) an employee of U.S. Citizenship and Immigration
Services (USCIS); or (2) a member of the armed forces
or DOD who is trained in immigration law and can inform
each noncitizen military recruit about the
naturalization process.
Sec.7. Return of eligible veterans removed from the United States;
adjustment of status
Section 7(a) provides the Secretary of Homeland Security
with the authority to adjust the status of or admit a
noncitizen who has been issued a final order of removal as a
lawful permanent resident if the Secretary determines that such
noncitizen is a veteran and is admissible, consistent with
section (b).
Section 7(b)(1) allows the Secretary of Homeland Security,
if the Secretary determines that it is in the public interest
(defined below), to waive any ground of inadmissibility under
section 212(a) of the Immigration and Nationality Act (INA),
except for:
(1) inadmissibility based on sections 212(a)(2)(H) or
212(a)(3) (this includes a conviction for trafficking
in persons or human smuggling (non-family members), and
terrorism); or
(2) a finding of inadmissibility under section
212(a)(2) based on a conviction of aggravated felony
described in subparagraph (A), (I), or (K) of section
101(a)(43) (this includes a conviction for murder,
rape, sexual abuse of a minor, child pornography,
slavery, involuntary servitude, and treason) or five
offenses for driving while intoxicated unless the
conviction is older than 25 years.
Section 7(b)(2) directs the Secretary of Homeland Security
to consider specific factors when determining whether a waiver
is in the public interest including the noncitizen's service in
the armed forces and the recency and severity of any offenses.
Section 7(c) directs the Secretary of Homeland Security to
establish procedures to allow eligible noncitizens to seek
admission as a lawful permanent resident or adjust their status
to that of a lawful permanent resident.
Section 7(d) exempts individuals who are granted lawful
permanent resident status under this subsection from the annual
worldwide numerical limits and per country caps.
Section 7(e) establishes that if a noncitizen veteran's
status is adjusted or the noncitizen veteran is admitted as a
lawful permanent resident under this section, then that
adjustment or admission creates a presumption that the
noncitizen veteran has established good moral character under
paragraphs 1 through 8 of section 101(f) of the INA.
Section 7(f) requires that a noncitizen who appears to be
prima facie eligible for lawful permanent resident status under
this section be given a reasonable opportunity to apply for
such status (even if the noncitizen has been ordered removed or
permitted to depart voluntarily). It prohibits the removal of
the noncitizen from the United States until a final
administrative decision establishing ineligibility is rendered.
Section 8. Adjustment of status for certain immediate relatives of
United States citizen service members or veterans
This section waives certain inadmissibility grounds and
allows adjustment of status for aliens who are the
beneficiaries of an immigrant petition as an immediate relative
of a U.S. citizen who served or is currently serving in the
U.S. Armed Forces for a minimum of two years.
Sec. 9. Definitions
This section defines all necessary terms throughout the
bill.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE III--NATIONALITY AND NATURALIZATION
* * * * * * *
Chapter 2--Nationality Through Naturalization
* * * * * * *
naturalization through service in the armed forces of the united states
Sec. 328. (a) A person who has served honorably at any time
in the Armed Forces of the United States for a period or
periods aggregating one year, and who, if separated from such
service, was never separated except under honorable conditions,
may be naturalized without having resided, continuously
immediately preceding the date of filing such person's
application, in the United States for at least five years, and
in the State or district of the Service in the United States in
which the application for naturalization is filed for at least
three months, and without having been physically present in the
United States for any specified period, if such application is
filed while the applicant is still in the service or within
[six months] one year after the termination of such service.
(b) A person filing a application under subsection (a) of
this section shall comply in all other respects with the
requirements of this title, except that--
(1) no residence within a State or district of the
Service in the United States shall be required;
(2) notwithstanding section 318 insofar as it relates
to deportability, such applicant may be naturalized
immediately if the applicant be then actually in the
Armed Forces of the United States, and if prior to the
filing of the application, the applicant shall have
appeared before and been examined by a representative
of the Service;
(3) the applicant shall furnish to the Secretary of
Homeland Security, prior to any final hearing upon his
application, a certified statement from the proper
executive department for each period of his service
upon which he relies for the benefits of this section,
clearly showing that such service was honorable and
that no discharges from service, including periods of
service not relied upon by him for the benefits of this
section, were other than honorable (the certificate or
certificates herein provided for shall be conclusive
evidence of such service and discharge); and
(4) notwithstanding any other provision of law, no
fee shall be charged or collected from the applicant
for filing the application, or for the issuance of a
certificate of naturalization upon being granted
citizenship, and no clerk of any State court shall
charge or collect any fee for such services unless the
laws of the State require such charge to be made, in
which case nothing more than the portion of the fee
required to be paid to the State shall be charged or
collected.
(c) In the case such applicant's service was not continuous,
the applicant's residence in the United States and State or
district of the Service in the United States, good moral
character, attachment to the principles of the Constitution of
the United States, and favorable disposition toward the good
order and happiness of the United States, during any period
within five years immediately preceding the date of filing such
application between the periods of applicant's service in the
Armed Forces, shall be alleged in the application filed under
the provisions of subsection (a) of this section, and proved at
any hearing thereon. Such allegation and proof shall also be
made as to any period between the termination of applicant's
service and the filing of the application for naturalization.
(d) The applicant shall comply with the requirements of
section 316(a) of this title, if the termination of such
service has been more than [six months] one year preceding the
date of filing the application for naturalization, except that
such service within five years immediately preceding the date
of filing such application shall be considered as residence and
physical presence within the United States.
(e) Any such period or periods of service under honorable
conditions, and good moral character, attachment to the
principles of the Constitution of the United States, and
favorable disposition toward the good order and happiness of
the United States, during such service, shall be proved by duly
authenticated copies of the records of the executive
departments having custody of the records of such service, and
such authenticated copies of records shall be accepted in lieu
of compliance with the provisions of section 316(a).
(f) Citizenship granted pursuant to this section may be
revoked in accordance with section 340 if the person is
separated from the Armed Forces under other than honorable
conditions before the person has served honorably for a period
or periods aggregating five years. Such ground for revocation
shall be in addition to any other provided by law, including
the grounds described in section 340. The fact that the
naturalized person was separated from the service under other
than honorable conditions shall be proved by a duly
authenticated certification from the executive department under
which the person was serving at the time of separation. Any
period or periods of service shall be proved by duly
authenticated copies of the records of the executive
departments having custody of the records of such service.
* * * * * * *
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Minority Views
Democrats on the House Judiciary Committee continue to
ignore the unprecedented crisis on our southwest border. Since
President Biden took office, U.S. Customs and Border Protection
(CBP) officials have encountered nearly 3.5 million illegal
aliens along the southwest border.\1\ Nearly one million of
those aliens have been released into the U.S. by the Department
of Homeland Security (DHS) pursuant to DHS policy.\2\ At the
same time, nearly a million illegal alien ``gotaways'' have
successfully crossed the border undetected during the Biden-
Harris Administration.\3\ Press reports also indicate that
``nearly 750 migrants have died at the southern border this
fiscal year.''\4\ This record number is over 200 more than the
number for last fiscal year.\5\ Rather than work to address the
Biden border crisis, Democrats on the Committee are focused on
legislation like H.R. 7946, the Veteran Service Recognition Act
of 2022, which does nothing to fix the root causes of President
Biden's immigration crisis.
---------------------------------------------------------------------------
\1\U.S. Customs and Border Protection, Southwest Land Border
Encounters, https://www.cbp.gov/newsroom/stats/southwest-land-border-
encounters.
\2\Texas v. Biden, Case No: 2:21-cv-00067-Z (N.D. Texas) (Brief For
America First Legal Foundation As Amicus Curiae In Support of
Respondents, Defendants' Monthly Report For March 2022, Defendants'
Monthly Report For April 2022).
\3\Adam Shaw, Bill Melugin, Migrant Encounters at Southern Border
Hit New Record in May, as Numbers Keep Rising, FoxNews (Jun. 16, 2022)
https://www.foxnews.com/politics/migrant-encounters-southern-border-
record-may.
\4\Priscilla Alvarez, First on CNN: A Record Number of Migrants
Have Died Crossing the US-Mexico Border, CNN (Sept. 7, 2022) https://
www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/
index.html.
\5\Id.
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Democrats have a persistent legislative strategy of
targeting sympathetic populations to slowly erode the fair and
evenhanded enforcement of U.S. immigration laws. H.R. 7946, the
Veteran Service Recognition Act, continues this effort by
focusing on military service members, veterans, and their
families. This bill is bad policy and will exacerbate the
existing Biden border crisis.
In general, only U.S. citizens and aliens who are lawful
permanent residents (LPRs) may be enlisted in the armed
forces.\6\ However, the Secretary of Defense is authorized to
enlist aliens who are not LPRs if such aliens are ``vital to
the national interest.''\7\ In each of the last two years, the
Department of Defense (DOD) has enlisted over 10,000 LPRs into
the U.S. military.\8\ According to DOD, just over 31,000
foreign nationals currently serve in the active duty and
reserve U.S. military forces.\9\ In 2019, the Migration Policy
Institute estimated that ``the number of veterans who were born
outside the United States'' was about 530,000.\10\
---------------------------------------------------------------------------
\6\10 U.S.C. Sec. 504(b)(1).
\7\10 U.S.C. Sec. 504(b)(2).
\8\Committee Staff Briefing by U.S. Dep't. of Defense (May 13,
2022).
\9\Id.
\10\Jie Zong and Jeanne Batalova, Immigrant Veterans in the United
States, Migration Policy Institute (May 16, 2019) https://
www.migrationpolicy.org/article/immigrant-veterans-united-states-2018.
---------------------------------------------------------------------------
There is no need for H.R. 7946 because existing immigration
law provides special treatment for aliens who have served in
the armed forces. The Immigration and Nationality Act (INA)
established special avenues to naturalize for members or
veterans of the U.S. military.\11\ These existing special
avenues are operating as intended. In fact, since its creation
in 2002, U.S. Citizenship and Immigration Services (USCIS) has
naturalized ``more than 148,000 members of the U.S. military''
from ``more than 30 countries.''\12\ During the last five
fiscal years, USCIS naturalized nearly 30,000 service
members.\13\
---------------------------------------------------------------------------
\11\INA Sec. Sec. 328, 329.
\12\U.S. Citizenship and Immigration Services, Military
Naturalization Statistics, https://www.uscis.gov/military/military-
naturalization-statistics.
\13\Id.
---------------------------------------------------------------------------
In addition, under existing law, members of the armed
forces may naturalize faster than any other noncitizen.
Typically, to file an application to naturalize, most LPRs--or
green card holders--must have resided in the United States with
LPR status for at least five years, among other
requirements.\14\ However, members of the military may
naturalize on an expedited timeline. In peacetime, individuals
who serve honorably in the armed forces for a period of at
least one year or within six months of an honorable discharge
may be naturalized without meeting the five-year LPR
requirement.\15\ During periods of hostility as declared by
executive order--which includes the period of September 11,
2001 to the present--the time requirement is even more relaxed.
In fact, an alien member of the armed forces may be naturalized
without being required to satisfy any period of residence or
physical presence within the United States.\16\
---------------------------------------------------------------------------
\14\INA Sec. 316(a)(1).
\15\INA Sec. 328(a).
\16\INA Sec. 329(b)(2).
---------------------------------------------------------------------------
Like other noncitizens, noncitizen military service members
and veterans are subject to removal upon commission of a
removable offense as specified in the INA. The total number of
deported veterans is unknown; however, advocacy groups estimate
the number to be potentially around 300.\17\ Prior to an alien
veteran's removal, the alien veteran is afforded due process
through immigration removal proceedings and received a final
order of removal issued by an immigration judge. Further,
special immigration programs and processes already exist for
noncitizen service members and veterans. For example, DHS
created a board to review cases of deported veterans and a
parole program for deported veterans.\18\
---------------------------------------------------------------------------
\17\Committee Staff Briefing by U.S. Dep't. of Homeland Security
(May 9, 2022).
\18\U.S. Dep't. of Homeland Security, ImmVets: Services for Current
and Former Immigrant Military Members and Their Families, https://
www.dhs.gov/immvets.
---------------------------------------------------------------------------
There are also existing special administrative processes
that exist for alien veterans. Prior to the initiation of an
enforcement action (arrest, removal, etc.) against aliens who
serve or have served in the U.S. military, ICE must follow a
specialized procedure.\19\ First, ICE personnel are required to
screen aliens about military service and report instances of
such service to supervisors.\20\ The personnel then must make a
written recommendation to their senior ICE official as to
whether or not to take the enforcement action against the
alien.\21\
---------------------------------------------------------------------------
\19\U.S. Immigration and Customs Enforcement, ICE Directive
10039.2: Consideration of U.S. Military Service When Making
Discretionary Determinations With Regard to Enforcement Actions Against
Noncitizens (May 23, 2022).
\20\Id.
\21\Id.
---------------------------------------------------------------------------
Senior ICE officials are responsible for making the
decision as to whether to take an enforcement action against
alien veterans, alien service members, or aliens with immediate
family members who have served in the U.S. military.\22\ For
alien veterans, ICE officers must ``carefully analyze the
totality of facts and circumstances of the case'' and the
alien's military service is ``a significant mitigating factor
that weighs against taking enforcement action.''\23\ For alien
service members, enforcement actions ``generally will not be
taken . . . absent significant aggravating factors being
present in the case'' and if the enforcement action is
regarding removal, ICE Headquarters officials must approve the
action in advance.\24\ For aliens who have immediate family
members who serve or have served in the U.S. military, the
family member's service ``is a mitigating factor that must be
considered.''\25\
---------------------------------------------------------------------------
\22\Id.
\23\Id.
\24\Id.
\25\U.S. Immigration and Customs Enforcement, ICE Directive
10039.2: Consideration of U.S. Military Service When Making
Discretionary Determinations With Regard to Enforcement Actions Against
Noncitizens (May 23, 2022).
---------------------------------------------------------------------------
H.R. 7946 unnecessarily expands on the already robust
processes afforded to noncitizen service members. First, by
establishing a bureaucratic advisory committee, the bill will
make it nearly impossible under the Biden-Harris Administration
to remove an alien who has committed a removable offense if the
alien is serving, has served, or is related to a person who has
served in the military. The advisory committee would be filled
with members appointed by DHS Secretary Mayorkas, to have input
into whether an alien who serves or has served in the U.S.
military, or their alien spouse or child, should be removed
from the country pursuant to immigration law. The bill requires
the DHS Secretary to report back to the advisory committee any
time the advisory committee's recommendations are not followed.
By putting decision-making authority in the hands of a partisan
advisory committee, this bill undermines the independent role
of immigration judges who are responsible for determining
whether an alien should be removed pursuant to the INA.
H.R. 7946 also authorizes the DHS Secretary to issue a
green card (i.e., a path to citizenship) to alien veterans who
have committed removable offenses, had due process in
immigration court, and were ordered removed by an immigration
judge. Under this bill, DHS Secretary Mayorkas would have the
authority to prevent the removal of an alien who served in the
military decades ago, but who would otherwise be removeable
based on convictions for serious crimes such as DUI or
trafficking in firearms or explosive devices. The bill also
makes a sweeping change to U.S. immigration laws to require
that if an alien is issued a green card, the alien
automatically satisfies the good moral character requirement
for U.S. citizenship.
DEMOCRATS REJECTED REPUBLICAN AMENDMENTS
During the Committee's consideration of H.R. 7946, the
Democrats rejected the several amendments offered by
Republicans. These amendments would have limited the unfettered
discretionary authority in this bill and prevent the Biden-
Harris Administration from granting a path to citizenship for
violent and dangerous criminals.
An amendment by Rep. Andy Biggs to require
that for the Advisory Committee to recommend an
exercise of discretion regarding the removal of an
alien, or for the DHS Secretary to issue a green card
to the alien, if the removal or inadmissibility ground
was based on a crime in which there was a victim, the
victim must be consulted and agree to the exercise of
discretion, and that the alien must have satisfied all
fines, fees, and restitution.
An amendment by Rep. Andy Biggs to preclude
the DHS Secretary from waiving a conviction for human
smuggling or an aggravated felony of human smuggling
for purposes of an alien being issued a green card.
An amendment by Rep. Andy Biggs to preclude
the DHS Secretary from waiving the unlawful voting
ground of inadmissibility for purposes of an alien
being issued a green card.
An amendment by Rep. Mike Johnson to strike
from the bill the authority for the DHS Secretary to
waive grounds of inadmissibility and removability to
issue green cards to aliens.
An amendment by Rep. Scott Fitzgerald to
preclude the Advisory Committee from recommending an
exercise of discretion from removal for an alien who
has a conviction for drug trafficking, and to preclude
the DHS Secretary from waiving the aggravated felony of
illicit trafficking in a controlled substance for
purposes of an alien being issued a green card.
An amendment by Rep. Tom Tiffany to preclude
the Advisory Committee from recommending an exercise of
discretion from removal, or the DHS Secretary from
issuing a green card, to an alien who has a conviction
for domestic violence.
An amendment by Rep. Ken Buck to preclude
the DHS Secretary from waiving an aggravated felony of
obstruction of justice, perjury or subordination of
perjury, or bribery of a witness, for purposes of an
alien being issued a green card.
An amendment by Rep. Scott Fitzgerald to
preclude the DHS Secretary from waiving the aggravated
felony of illicit trafficking in firearms or
destructive devices, or in explosives, for purposes of
an alien being issued a green card.
An amendment by Rep. Burgess Owens to
preclude the DHS Secretary from waiving a conviction
for international child abduction for purposes of an
alien being issued a green card.
An amendment by Rep. Mike Johnson to
preclude the Advisory Committee from recommending an
exercise of discretion from removal, or to preclude the
DHS Secretary from issuing a green card, to an alien
who has two DUI convictions.
An amendment by Rep. Darrel Issa to ensure
that a ``veteran'' considered for a benefit under this
bill is one who has been honorable discharged from the
U.S. Armed Forces.
CONCLUSION
President Biden's radical immigration policies have caused
an unprecedented humanitarian and security crisis at our
southwest border. H.R. 7946 does absolutely nothing to fix the
Biden border crisis. Instead, it rewards aliens who have
previously violated U.S. criminal and immigration laws and in
many cases been ordered deported, with the ability to remain in
or reenter the United States, and in some cases rewards them
with a green card.
Jim Jordan,
Ranking Member.
[all]