September 30, 2022 - WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), Chair of the Senate Judiciary Subcommittee on Immigration, Citizenship, and Border Safety, on Thursday introduced legislation to implement a program through the Department of Homeland Security (DHS) and Department of Defense (DOD) that would allow noncitizen service members to file for naturalization during basic training. The legislation would also allow noncitizen veterans who have been deported to apply a green card if it is in the public interest and they haven’t been convicted of a serious crime. The bill was introduced in the House of Representatives by House Veterans Affairs Committee Chairman Mark Takano (D-Calif.-41) and was marked up by the House Judiciary Committee in June.

“For over a century, the United States has recognized the contributions of noncitizens in the military who have risked their lives in service to our country,” said Senator Padilla. “These service members and veterans have loyally defended our national interests and they deserve to receive the benefits they have earned through their sacrifice without delay.”

“Throughout history, immigrants have served alongside Americans in all major conflicts. I am thankful to Senator Padilla for introducing the companion bill to my legislation, the Veteran Service Recognition Act, which will address the unique challenges noncitizen veterans face,” said Chairman Takano. “This legislation will provide much needed support and a pathway to obtaining legal permanent status for deported noncitizen veterans and prevent unjustifiable deportations. As Chairman of the House Committee on Veterans’ Affairs, one of my top priorities has been the prevention of undue noncitizen veteran deportations. Despite being born in a different country, these veterans have faithfully served the United States for the promise of a better future and for believing in our values as a nation.”

The Veteran Service Recognition Act of 2022 would:

• Direct the DHS and DOD to implement a program that would allow noncitizen service members to file for naturalization during basic training. Family members of noncitizen service members can also file for an adjustment of status after they have served for at least 2 years.
• Establish the Military Family Immigration Advisory Committee, which will be tasked with providing recommendations to DHS on whether a noncitizen who has served in the military or their family members should be granted a stay of removal, deferred action, parole, or be removed from the country.
• Allow noncitizen veterans who have been removed or ordered removed to apply for and obtain a green card if it is in the public interest and they have not been convicted of a serious crime.
• Require DHS to establish a program that allows deported veterans and their covered family members to be admitted back into the United States as lawful permanent residents and directs DOJ to reopen their removal cases.

Lawful permanent residents join the Armed Forces every year. These noncitizen service members are eligible to become U.S. citizens if they have honorably served in the U.S. military for at least one year and meet other basic requirements. However, while in service, federal agencies fail to provide service members with the tools and resources they need to help them adjust their status. As a result, veterans who later commit certain crimes can be deported from the U.S. DHS has failed to keep track of the number of veterans who have been deported.

In addition, many service members and veterans have family members who are subject to deportation or who have been removed from the country. This burdens service members with additional worries, which is dangerous to our national security.

In addition to Senator Padilla, the Senate bill is cosponsored by Senators Dianne Feinstein (D-Calif.), Senate Majority Whip Dick Durbin (D-Ill.), Cory Booker (D-N.J.), Bernie Sanders (I-Vt.), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.), Richard Blumenthal (D-Conn.), and Sherrod Brown (D-Ohio).

Full text of the bill is available here.
Source: Senator Alex Padilla