Repatriate Our Patriots Act

I 116TH CONGRESS 1ST SESSION H. R. 1078 To prohibit the removal from the United States of certain veterans, to expedite their naturalization, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7, 2019 Mr. GONZALEZ of Texas (for himself and Mr. YOUNG) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the removal from the United States of certain veterans, to expedite their naturalization, 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 ‘‘Repatriate Our Patri- 4 ots Act’’. 5 VerDate Sep 11 2014 23:53 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1078.IH H1078 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1078 IH SEC. 2. DEFINITION. 1 In this Act, the term ‘‘special veteran’’ means an in- 2 dividual who is an alien and is described in section 101(2) 3 of title 38, United States Code, except the term— 4 (1) only includes individuals who were dis- 5 charged or released from the Armed Forces under 6 honorable conditions; 7 (2) does not include individuals who have been 8 convicted of voluntary manslaughter, murder, rape, 9 sexual abuse of a minor, or any offense under chap- 10 ter 113B of title 18, United States Code (relating to 11 terrorism); and 12 (3) does not include individuals who have been 13 determined to be a child abuser or a pedophile. 14 SEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL. 15 Notwithstanding any other provision of law, including 16 section 237 of the Immigration and Nationality Act (8 17 U.S.C. 1227), a special veteran shall not be removed from 18 the United States. 19 SEC. 4. NATURALIZATION FOR SPECIAL VETERANS. 20 (a) IN GENERAL.—Notwithstanding any other provi- 21 sion of law, a special veteran shall be naturalized as a cit- 22 izen of the United States upon the filing of the appro- 23 priate application, paying the appropriate fees, and, except 24 as provided in subsection (b), taking and subscribing be- 25 fore an officer of the Department of Homeland Security 26 VerDate Sep 11 2014 23:53 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1078.IH H1078 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1078 IH within the United States to the oath of allegiance required 1 by section 337 of the Immigration and Nationality Act 2 (8 U.S.C. 1448). The Secretary of Homeland Security 3 shall take steps to ensure that the period in which an ap- 4 plication for naturalization under this section is pending 5 does not exceed 90 days. The Secretary shall furnish each 6 special veteran naturalized under this section with a cer- 7 tificate of citizenship. 8 (b) SPECIAL VETERANS ABROAD.—In the case of a 9 special veteran residing abroad, the application for natu- 10 ralization may be filed from abroad, and the oath of alle- 11 giance described in subsection (a) may be subscribed to 12 abroad at United States embassies, consulates, and, as 13 practicable, United States military installations overseas 14 pursuant to the procedures available under section 15 1701(d) of the National Defense Authorization Act for 16 Fiscal Year 2004 (8 U.S.C. 1443a) for naturalization pro- 17 ceedings overseas for members of the Armed Forces and 18 their spouses and children. 19 (c) WAIVER.—Consistent with section 337(a) of the 20 Immigration and Nationality Act (8 U.S.C. 1448(a)), the 21 Secretary of Homeland Security may waive the taking of 22 the oath of allegiance described in subsection (a) by a spe- 23 cial veteran if, in the opinion of the Secretary, the special 24 veteran is unable to understand, or to communicate an 25 VerDate Sep 11 2014 23:53 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1078.IH H1078 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1078 IH understanding of, its meaning because of a physical or de- 1 velopmental disability or mental impairment. 2 SEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL 3 PROCEEDINGS OR ORDERED REMOVED. 4 In the case of a special veteran in removal pro- 5 ceedings on the date of the enactment of this Act, the Sec- 6 retary of Homeland Security shall cancel the removal of 7 the special veteran. In the case of a special veteran who 8 was ordered removed before the date of the enactment of 9 this Act, the Attorney General shall rescind any out- 10 standing order of removal, and any finding that the special 11 veteran is subject to removal or is inadmissible. In the case 12 of a special veteran physically present in the United States 13 whose status as an alien lawfully admitted for permanent 14 residence was rescinded before the date of the enactment 15 of this Act, the Secretary of Homeland Security shall allow 16 the veteran to adjust status to that of an alien lawfully 17 admitted for permanent residence without regard to any 18 numerical limitation in the Immigration and Nationality 19 Act (8 U.S.C. 1101 et seq.). 20 SEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM 21 THE UNITED STATES. 22 Not later than 180 days after the date of the enact- 23 ment of this Act, the Secretary shall establish a program 24 and application procedure to permit special veterans re- 25 VerDate Sep 11 2014 23:53 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1078.IH H1078 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1078 IH moved from the United States before the date of the en- 1 actment of this Act to enter the United States as an alien 2 lawfully admitted for permanent residence without regard 3 to any numerical limitation in the Immigration and Na- 4 tionality Act (8 U.S.C. 1101 et seq.). 5 SEC. 7. ACCESS TO MILITARY BENEFITS. 6 A special veteran who has been naturalized or has 7 obtained the status of an alien lawfully admitted for per- 8 manent residence pursuant to this Act shall be eligible for 9 all military and veterans benefits for which the special vet- 10 eran would have been eligible if the special veteran had 11 never been ordered removed, been removed, or voluntarily 12 departed, from the United States. 13 SEC. 8. IDENTIFICATION OF SPECIAL VETERANS. 14 (a) IDENTIFICATION.—The Secretary of Homeland 15 Security shall identify immigration cases involving special 16 veterans by— 17 (1) inquiring of every alien processed prior to 18 initiating removal proceedings whether the alien is a 19 special veteran; and 20 (2) keeping records of special veterans who 21 have been detained under the immigration laws, had 22 removal proceedings against them initiated before 23 the date of the enactment of this Act, or been re- 24 moved before such date. 25 VerDate Sep 11 2014 23:53 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1078.IH H1078 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1078 IH (b) RECORD ANNOTATION.—When the Secretary has 1 identified a case under subsection (a), the Secretary shall 2 annotate all immigration and naturalization records of the 3 Department of Homeland Security relating to the special 4 veteran involved so as to reflect that identification and af- 5 ford an opportunity to track the outcomes for the veteran. 6 Such annotation shall include— 7 (1) the veteran’s branch of military service; 8 (2) whether or not the veteran served during a 9 period of military hostilities described in section 329 10 of the Immigration and Nationality Act (8 U.S.C. 11 1440); and 12 (3) the veteran’s immigration status at the time 13 of enlistment. 14 Æ VerDate Sep 11 2014 23:53 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1078.IH H1078 pbinns on DSK79D2C42PROD with BILLS