Lawmakers have reintroduced legislation that would among other things allow noncitizen military servicemembers to apply for naturalization during basic training.
The Veteran Service Recognition Act co-sponsored mostly by Democrats in the House of Representatives aims to establish a review process for those servicemembers who are in removal proceedings, as well as to provide an opportunity for noncitizen veterans who have been removed or ordered removed or who have not been convicted of a serious crime, to obtain legal permanent residence.
Rep. Mark Takano of California, the Democratic ranking member on the House Committee on Veterans’ Affairs, said that those who put on a uniform and defend the United States “should have a clear path to citizenship.”
“I was dismayed and alarmed by the findings of a 2019 Government Accountability Office (GAO) report which highlighted the many issues these veterans face once deported, such as difficulty accessing VA benefits and services, inability to attend hearings to appeal VA decisions and overall challenges communicating with the agency,” Takano told Military.com.
“The Veteran Service Recognition Act passed in the House during the 117th [Congress] with bipartisan support because standing up for veterans has traditionally transcended party lines. We've had bipartisan support for similar efforts in the past, and I believe there's still an appetite—even within a Republican majority—to do right by those who’ve worn the uniform.”
Takano sponsored the bill alongside Democratic Reps. Zoe Lofgren (CA), Jerry Nadler (NY), Lou Correa (CA), Juan Vargas (CA) and Raul Ruiz (CA). Republicans Amata Coleman Radewagen (American Samoa) and Maria Elvira Salazar (FL) have also co-sponsored it.
“After their service, it is common sense and good policy for these Veterans to be able to remain as permanent residents or pursue citizenship if they choose,” Radewagen said in a statement. “They strengthened our military and strengthened the country. All our veterans showed commitment to the country through service, in turn we as a nation have a commitment to support our veterans.”
Salazar added that noncitizen veterans who just like their American peers made “the ultimate sacrifice” to protect the U.S. should be “treated with dignity and respect.”
A companion bill is expected to be introduced in the U.S. Senate in coming weeks by California Senator Alex Padilla, a Democrat.
“If you’re willing to risk your life for this country, you deserve a fair path to citizenship–not the threat of deportation,” Padilla told Military.com. “At a time when Americans overwhelmingly see immigration as a strength, this is one issue where we can and should find common ground in Congress.”
What’s In The Bill
The legislation, if enacted, would call for War Secretary Pete Hegseth, Homeland Secretary Security Kristi Noem, and the Secretary of Veterans Affairs Doug Collins, to jointly carry out a study on noncitizen veterans and noncitizen former members of the Armed Forces who were removed from the U.S. during the period beginning January 1, 1990, to the time of the bill’s enactment–and not longer than one year later.
That current hypothetical study would require guidance as to the number of noncitizens who served in the U.S. Armed Forces and were removed by U.S. Immigration and Customs Enforcement (ICE) or the Immigration and Naturalization Service during the aforementioned time, for more than 180 days.
The country of nationality or last habitual residence of the noncitizen, in addition to the total length of time the noncitizen served as a member of the Armed Forces and the grounds of why they were ordered to be removed under section 237(a) of the Immigration and Nationality Act, would also be required to be disclosed.
Republican Rep. Mike Bost of Illinois, chairman of the House Committee on Veterans’ Affairs, is aware of the reintroduction of this legislation that is pending before the committee and reviewing it, a spokesperson for the House Committee on Veterans’ Affairs told Military.com.
Eric Holguín, Texas state director of UnidosUS which has advocated for Latinos dating back to 1968, told Military.com that individuals who risk their lives should receive a pathway to citizenship rather than the threat of deportation.
“The Veteran Service Recognition Act is critical legislation because it ensures that noncitizen servicemembers have the chance to naturalize as early as their first day of active duty,” Holguin said. “It also protects veterans from unjust removal by requiring DHS to fully consider their service before taking any deportation action.
“At a time when thousands of Latinos face racial profiling and deportation simply for working to support their families, or in some cases for serving this nation, this bill offers a long-overdue safeguard.”
