Summary
# Fight for the American Dream Act - Plain English Summary
## WHAT THIS BILL DOES
This bill allows certain people who are not U.S. citizens to join the military. Specifically, it lets people who have employment authorization documents (a work permit) issued through the Deferred Action for Childhood Arrivals program enlist in the Armed Forces. The bill also creates a path for these enlisted individuals to become permanent residents (green card holders).
## WHO IT AFFECTS
- Non-citizens with employment authorization documents from the Deferred Action for Childhood Arrivals program
- The Department of Homeland Security (the federal agency that handles immigration)
- The Armed Forces (military branches that would accept these enlistees)
## KEY PROVISIONS
- People with Deferred Action for Childhood Arrivals employment authorization documents can now enlist in any branch of the Armed Forces (Sec. 2(a))
- The Department of Homeland Security must allow eligible enlisted persons to become permanent residents if they meet other legal requirements (Sec. 2(b))
- A person loses permanent resident status if they receive a discharge from the military that is not honorable before completing their required service period (Sec. 2(b))
- The bill does not change the separate process for becoming a full citizen through military service (Sec. 2(b))
## WHAT CHANGES
If this becomes law, people with Deferred Action for Childhood Arrivals employment authorization will be allowed to enlist in the military, whereas current law does not explicitly authorize their enlistment. Additionally, these individuals gain the opportunity to adjust their immigration status to permanent resident through military service.
## IMPORTANT DEFINITIONS
- **Employment authorization document**: A work permit issued by U.S. Citizenship and Immigration Services
- **Deferred Action for Childhood Arrivals**: A Department of Homeland Security policy that provides work authorization to certain individuals
- **Lawfully admitted for permanent residence**: Legal status allowing someone to live permanently in the United States (green card holder)
- **Honorable discharge**: A separation from military service with a record of good conduct
## EFFECTIVE DATE
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1451
To amend title 10, United States Code, to authorize the enlistment of certain
aliens in the Armed Forces, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2023
Mr. GALLEGO (for himself and Mr. CARBAJAL) introduced the following bill;
which was referred to the Committee on Armed Services, and in addition
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend title 10, United States Code, to authorize the
enlistment of certain aliens in the Armed Forces, 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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fight for the American
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Dream Act’’.
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•HR 1451 IH
SEC. 2. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED
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FORCES.
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(a) ADDITIONAL QUALIFIED PERSONS.—Paragraph
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(1) of subsection (b) of section 504 of title 10, United
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States Code, is amended by adding at the end the fol-
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lowing new subparagraph:
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‘‘(D) A person who, at the time of enlistment
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in an armed force, possesses an employment author-
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ization document issued by United States Citizen-
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ship and Immigration Services under the require-
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ments of the Department of Homeland Security pol-
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icy entitled ‘Deferred Action for Childhood Arriv-
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als’.’’.
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(b) ADMISSION TO PERMANENT RESIDENCE OF EN-
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LISTED PERSONS.—Such section is further amended by
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adding at the end the following new subsection:
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‘‘(c) ADMISSION
TO PERMANENT RESIDENCE
OF
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CERTAIN ENLISTED PERSONS.—(1) Notwithstanding any
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other provision of law, the Secretary of Homeland Security
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shall adjust the status of a person described in subpara-
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graph (D) of paragraph (1) of subsection (b) to the status
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of an alien lawfully admitted for permanent residence if
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such person is otherwise eligible under section 245 of the
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Immigration and Nationality Act (8 U.S.C. 1255). For
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purposes of such adjustment, a person described in such
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subparagraph shall—
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•HR 1451 IH
‘‘(A) be considered inspected and admitted into
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the United States; and
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‘‘(B) not be subject to paragraph (6)(A),
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(6)(C), (7)(A), or (9) of section 212(a) of such Act
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(8 U.S.C. 1182(a)).
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‘‘(2) The Secretary of Homeland Security shall re-
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scind the lawful permanent resident status of a person
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whose status was adjusted under paragraph (1) if, before
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the person completes a period of obligated service, the per-
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son receives a discharge from the Armed Forces that is
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not an honorable discharge.
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‘‘(3) Nothing in this subsection shall be construed to
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alter the process prescribed by sections 328, 329, and
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329A of the Immigration and Nationality Act (8 U.S.C.
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1439, 1440, 1440–1) by which a person may naturalize
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through service in the Armed Forces.’’.
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(c) CLERICAL AMENDMENTS.—
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(1) SECTION HEADING.—The heading of such
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section is amended to read as follows:
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‘‘§ 504. Persons not qualified: citizenship or residency
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requirements; exceptions’’.
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(2) TABLE OF SECTIONS.—The table of sections
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at the beginning of chapter 31 of such title is
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•HR 1451 IH
amended by striking the item relating to section 504
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and inserting the following new item:
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‘‘504. Persons not qualified: citizenship or residency requirements; exceptions.’’.
Æ
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