To amend section 504 of title 10, United States Code, to allow certain aliens to enlist in the Armed Forces and to clarify the naturalization process for such alien enlistees, and for other purposes.
About This Bill
Committee
Latest Action · July 19, 2023
Read twice and referred to the Committee on the Judiciary.
Enlist Act of 2023
This bill authorizes certain non-U.S. nationals (aliens under federal law) to enlist in the Armed Forces, including individuals who are beneficiaries of the Deferred Action for Childhood Arrivals (DACA) policy. (DACA provides eligible individuals, generally individuals who unlawfully entered the United States as a child, with protection from deportation.)
Under this bill, a non-U.S. national may be eligible to enlist in the Armed Forces if the individual (1) is a beneficiary of DACA or a successor policy, even if a court terminates such a policy; (2) has temporary protected status; or (3) has an approved immigrant visa application but has been unable to adjust to lawful permanent resident status because a visa is not available (or the individual turned 21 years old before a visa became available). Furthermore, to be eligible to enlist under this bill, the individual must also (1) meet the security and suitability requirements related to enlistment; and (2) have been continuously physically present in the United States for five years, with certain exceptions.
The Department of Homeland Security (DHS) must stay removal proceedings against an individual who has enlisted under this bill if the individual (1) has served honorably in the Armed Forces, or (2) is a veteran and was not separated from service except under honorable conditions.
If an individual has enlisted under this bill, DHS must consider the individual's honorable service in the Armed Forces when determining, for immigration purposes, whether the individual has good moral character.
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