Honoring the Oath Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1183 To establish a military family immigration advisory committee, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Mr. TAKANO (for himself, Mr. VARGAS, Mr. GRIJALVA, Mr. GALLEGO, Mrs. WATSON COLEMAN, Mr. HASTINGS, Ms. SCHAKOWSKY, Ms. GARCIA of Texas, and Ms. NORTON) introduced the following bill; which was re- ferred to the Committee on the Judiciary, and in addition to the Commit- tees on Veterans’ Affairs, and Armed Services, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a military family immigration advisory committee, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Honoring the Oath 4 Act of 2021’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that— 7 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 1183 IH (1) military service to the United States is a 1 sacrifice that demonstrates loyalty to the Nation; 2 (2) a noncitizen who takes an oath of enlist- 3 ment or an oath of office to join the United States 4 Armed Forces—promising to support and defend the 5 Constitution of the United States against all en- 6 emies, foreign and domestic—deserves facilitated ac- 7 cess to naturalization; 8 (3) such noncitizen and his or her family mem- 9 bers deserve consideration for the exercise of pros- 10 ecutorial discretion in immigration removal pro- 11 ceedings; and 12 (4) a noncitizen veteran who is deported after 13 consideration under this Act should be provided the 14 same veterans’ benefits to which a similarly situated 15 United States citizen veteran would be entitled. 16 SEC. 3. DEFINITIONS. 17 In this Act: 18 (1) ADVISORY COMMITTEE.—The term ‘‘Advi- 19 sory Committee’’ means the Military Family Immi- 20 gration Advisory Committee established pursuant to 21 section 5. 22 (2) APPROPRIATE CONGRESSIONAL COMMIT- 23 TEES.—The term ‘‘appropriate congressional com- 24 mittees’’ means— 25 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 1183 IH (A) the Committee on Armed Services of 1 the Senate; 2 (B) the Committee on Homeland Security 3 and Governmental Affairs of the Senate; 4 (C) the Committee on the Judiciary of the 5 Senate; 6 (D) the Committee on Veterans’ Affairs of 7 the Senate; 8 (E) the Committee on Armed Services of 9 the House of Representatives; 10 (F) the Committee on Homeland Security 11 of the House of Representatives; 12 (G) the Committee on the Judiciary of the 13 House of Representatives; and 14 (H) the Committee on Veterans’ Affairs of 15 the House of Representatives. 16 (3) ARMED FORCES.—The term ‘‘Armed 17 Forces’’ has the meaning given that term in section 18 101 of title 10, United States Code. 19 (4) COVERED FAMILY MEMBER.—The term 20 ‘‘covered family member’’ means the noncitizen 21 spouse or noncitizen minor child of— 22 (A) a member of the Armed Forces serving 23 on active duty or in a reserve component; or 24 (B) a veteran, as defined in paragraph (4). 25 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 4 •HR 1183 IH (5) NONCITIZEN.—The term ‘‘noncitizen’’ 1 means an individual who is not a national of the 2 United States (as defined in section 101(a)(22) of 3 the Immigration and Nationality Act (8 U.S.C. 4 1101(a)(22))). 5 (6) VETERAN.—The term ‘‘veteran’’ has the 6 meaning given that term in section 101 of title 38, 7 United States Code. 8 SEC. 4. IDENTIFICATION OF MEMBERS OF THE ARMED 9 FORCES, VETERANS, AND COVERED FAMILY 10 MEMBERS IN REMOVAL PROCEEDINGS. 11 (a) IN GENERAL.—Not later than the time of the 12 Master Calendar Hearing for any individual in removal 13 proceedings, the Director of U.S. Immigration and Cus- 14 toms Enforcement shall identify whether the individual 15 is— 16 (1) a member of the Armed Forces serving on 17 active duty or in a reserve component; 18 (2) a veteran; or 19 (3) a covered family member. 20 (b) TRANSFER OF CASE FILES.—The Director of 21 U.S. Immigration and Customs Enforcement shall trans- 22 fer a copy of the complete case file of any individual identi- 23 fied under subsection (a), immediately after such identi- 24 fication, to the Advisory Committee. 25 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 5 •HR 1183 IH (c) LIMITATION ON REMOVAL.—Notwithstanding any 1 other provision of law, an individual described in sub- 2 section (a) may not be removed until the Military Family 3 Immigration Advisory Committee has provided rec- 4 ommendations with respect to that individual to the Sec- 5 retary of Homeland Security and the Attorney General 6 under section 5. 7 SEC. 5. MILITARY FAMILY IMMIGRATION ADVISORY COM- 8 MITTEE. 9 (a) ESTABLISHMENT.—The Secretary of Homeland 10 Security, in consultation with the Secretary of Defense 11 and in cooperation with the Secretary of the Army, the 12 Secretary of the Navy, the Secretary of the Air Force, and 13 the Commandant of the Coast Guard, shall establish an 14 advisory committee, to be known as the ‘‘Military Family 15 Immigration Advisory Committee’’, to provide rec- 16 ommendations to the Secretary of Homeland Security and 17 the Attorney General on the exercise of prosecutorial dis- 18 cretion in cases involving removal proceedings of individ- 19 uals described in section 4(a). 20 (b) MEMBERSHIP.—The Advisory Committee shall be 21 composed of— 22 (1) the Deputy Commanding General of Army 23 Human Resources Command, or designee; 24 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 6 •HR 1183 IH (2) the Judge Advocate of the Army, or des- 1 ignee; 2 (3) the Deputy Commander of Navy Personnel 3 Command, or designee; 4 (4) the Judge Advocate of the Navy, or des- 5 ignee; 6 (5) the Vice Chief of Staff of the Air Force; 7 (6) the Judge Advocate of the Air Force, or 8 designee; 9 (7) the Deputy Commandant for Mission Sup- 10 port of the Coast Guard; 11 (8) the Judge Advocate of the Coast Guard, or 12 designee; and 13 (9) the Deputy Commandant of Manpower and 14 Reserve Affairs of the Marine Corps, or designee. 15 (c) CASE REVIEWS.— 16 (1) IN GENERAL.—Not later than 30 days after 17 the Director of U.S. Immigration and Customs En- 18 forcement notifies the Advisory Committee of the 19 case of an individual described in section 4(a), the 20 Advisory Committee shall meet to review the case 21 and to provide a written recommendation to the Sec- 22 retary of Homeland Security on whether the indi- 23 vidual— 24 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 7 •HR 1183 IH (A) notwithstanding the grounds for re- 1 moval asserted by U.S. Immigration and Cus- 2 toms Enforcement, should be granted— 3 (i) a stay of removal and allowed to 4 apply for asylum; 5 (ii) deferred action; or 6 (iii) parole; or 7 (B) should be removed from the United 8 States. 9 (2) SUBMISSION OF INFORMATION.—An indi- 10 vidual who is the subject of a case review under 11 paragraph (1) may submit information to the Advi- 12 sory Committee, and the Advisory Committee shall 13 consider such information. 14 (3) PROCEDURES.—In conducting each case re- 15 view under paragraph (1), the Advisory Committee 16 shall consider, as factors weighing in favor of a rec- 17 ommendation under paragraph (1)(A)— 18 (A) with respect to a member of the 19 Armed Forces serving on active duty or in a re- 20 serve component, whether the individual— 21 (i) took an oath of enlistment or an 22 oath of office; 23 (ii) received military decorations, cam- 24 paign medals, or service medals, was de- 25 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 8 •HR 1183 IH ployed, or was otherwise evaluated for 1 merit in service during his or her service in 2 the Armed Forces; 3 (iii) is a national of a country that 4 prohibits repatriation of an individual after 5 any service in the Armed Forces; or 6 (iv) contributed to his or her local 7 community during his or her service in the 8 Armed Forces; 9 (B) with respect to a veteran, whether the 10 individual— 11 (i) took an oath of enlistment or an 12 oath of office; 13 (ii) completed a term of service in the 14 Armed Forces and was discharged under 15 conditions other than dishonorable; 16 (iii) received military decorations, 17 campaign medals, or service medals, was 18 deployed, or was otherwise evaluated for 19 merit in service during his or her service in 20 the Armed Forces; 21 (iv) is a national of a country that 22 prohibits repatriation of an individual after 23 any service in the Armed Forces; or 24 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 9 •HR 1183 IH (v) contributed to his or her local 1 community during or after his or her serv- 2 ice in the Armed Forces; and 3 (C) with respect to a covered family mem- 4 ber, whether the individual— 5 (i) supported a member of the Armed 6 Forces serving on active duty or a veteran, 7 including through financial support, emo- 8 tional support, or caregiving; or 9 (ii) contributed to his or her local 10 community during or after the military 11 service of the member or of the veteran. 12 (d) CONSULTATION WITH U.S. IMMIGRATION AND 13 CUSTOMS ENFORCEMENT PRINCIPAL LEGAL ADVISOR.— 14 The Principal Legal Advisor of U.S. Immigration and 15 Customs Enforcement, or designee, shall consult with the 16 Advisory Committee at the request of members of the Ad- 17 visory Committee. 18 (e) BRIEFINGS ON UNSUITABILITY OF NONCITIZEN 19 MEMBERS OF THE ARMED FORCES.—The Under Sec- 20 retary of Defense for Personnel and Readiness shall pro- 21 vide detailed briefings to the Advisory Committee regard- 22 ing the reasons for determining the unsuitability of noncit- 23 izen members of the Armed Forces whose cases are being 24 considered by the Advisory Committee. 25 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 10 •HR 1183 IH (f) BRIEFINGS ON ACTIONS IN RESPONSE TO REC- 1 OMMENDATIONS.—Not less frequently than quarterly, the 2 Secretary of Homeland Security shall provide detailed 3 briefings to the Advisory Committee regarding actions 4 taken in response to the recommendations of the Advisory 5 Committee, including detailed explanations for any cases 6 in which a recommendation of the Advisory Committee 7 was not followed. 8 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 9 authorized to be appropriated such sums as may be nec- 10 essary to carry out this section. 11 SEC. 6. LIST OF COUNTRIES UNWILLING TO REPATRIATE 12 UNITED STATES VETERANS. 13 The Secretary of Homeland Security, in consultation 14 with the Secretary of State, shall compile and annually 15 update a list of countries that refuse to repatriate nation- 16 als of such country who have enlisted or been appointed 17 in the United States Armed Forces. 18 SEC. 7. PROGRAM OF CITIZENSHIP THROUGH MILITARY 19 SERVICE. 20 (a) IN GENERAL.—The Secretary of Homeland Secu- 21 rity, acting through the Director of U.S. Citizenship and 22 Immigration Services, and the Secretary of Defense shall 23 jointly carry out a program under which any individual 24 noncitizen who serves on active duty in the Armed Forces, 25 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 11 •HR 1183 IH and the noncitizen spouse and any noncitizen minor child 1 of such individual, shall be naturalized as a United States 2 citizen if such individual, and such spouse or child, is not 3 otherwise ineligible for citizenship under the immigration 4 laws (as that term is defined in section 101(a)(17) of the 5 Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 6 (b) JAG TRAINING.—The Secretary of Defense shall 7 ensure that appropriate members of the judge advocate 8 general corps of the Armed Forces shall receive training 9 to function as liaisons with U.S. Citizenship and Immigra- 10 tion Services with respect to applications for citizenship 11 of noncitizen members of the Armed Forces assigned to 12 units in such areas. 13 (c) TRAINING FOR RECRUITERS.—The Secretary of 14 Defense shall ensure that all recruiters in the Armed 15 Forces receive training regarding— 16 (1) the steps required for a noncitizen member 17 of the Armed Forces to receive citizenship; 18 (2) limitations on the path to citizenship for 19 family members of such individuals; and 20 (3) points of contact at the Department of 21 Homeland Security to resolve emergency immigra- 22 tion-related situations with respect to such individ- 23 uals and their family members. 24 (d) APPLICATION FOR NATURALIZATION.— 25 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1183.IH H1183 khammond on DSKJM1Z7X2PROD with BILLS 12 •HR 1183 IH (1) BIOMETRICS.— 1 (A) SUBMISSION OF BIOMETRIC INFORMA- 2 TION.—The Secretary of Defense shall ensure 3 that, at the time of accession into the Armed 4 Forces, biometric information of an individual 5 who has applied, or who plans to apply, for nat- 6 uralization is submitted to U.S. Citizenship and 7 Immigration Services for the purposes of such 8 application. 9 (B) ACCEPTANCE OF BIOMETRIC INFORMA- 10 TION.—The Director of U.S. Citizenship and 11 Immigration Services shall accept any biometric 12 information submitted pursuant to subpara- 13 graph (A). 14 (2) FILING OF APPLICATION.—The Secretary of 15 Homeland Security, in coordination with the Sec- 16 retary of Defense, shall ensure that each noncitizen 17 individual who accesses into the Armed Forces is 18 permitted to file an application for naturalization as 19 part of the accessions process. 20 (3) ADJUDICATION OF APPLICATION.—The Sec- 21 retary of Homeland Security, in coordination with 22 the Secretary of Defense, shall ensure that the appli- 23 cation for naturalization of an [Text truncated for display. 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