Honoring the Oath Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5151 To establish a military family immigration advisory committee, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 18, 2019 Mr. TAKANO introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committees on Veterans’ Affairs, and Armed Services, 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 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 2019’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that— 7 (1) military service to the United States is a 8 sacrifice that demonstrates loyalty to the Nation; 9 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 2 •HR 5151 IH (2) a noncitizen who takes an oath of enlist- 1 ment or an oath of office to join the United States 2 Armed Forces—promising to support and defend the 3 Constitution of the United States against all en- 4 emies, foreign and domestic—deserves facilitated ac- 5 cess to naturalization; 6 (3) such noncitizen and his or her family mem- 7 bers deserve consideration for the exercise of pros- 8 ecutorial discretion in immigration removal pro- 9 ceedings; and 10 (4) a noncitizen veteran who is deported after 11 consideration under this Act should be provided the 12 same veterans’ benefits to which a similarly situated 13 United States citizen veteran would be entitled. 14 SEC. 3. DEFINITIONS. 15 In this Act: 16 (1) ADVISORY COMMITTEE.—The term ‘‘Advi- 17 sory Committee’’ means the Military Family Immi- 18 gration Advisory Committee established pursuant to 19 section 5. 20 (2) APPROPRIATE CONGRESSIONAL COMMIT- 21 TEES.—The term ‘‘appropriate congressional com- 22 mittees’’ means— 23 (A) the Committee on Armed Services of 24 the Senate; 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 3 •HR 5151 IH (B) the Committee on Homeland Security 1 and Governmental Affairs of the Senate; 2 (C) the Committee on the Judiciary of the 3 Senate; 4 (D) the Committee on Veterans’ Affairs of 5 the Senate; 6 (E) the Committee on Armed Services of 7 the House of Representatives; 8 (F) the Committee on Homeland Security 9 of the House of Representatives; 10 (G) the Committee on the Judiciary of the 11 House of Representatives; and 12 (H) the Committee on Veterans’ Affairs of 13 the House of Representatives. 14 (3) ARMED FORCES.—The term ‘‘Armed 15 Forces’’ has the meaning given that term in section 16 101 of title 10, United States Code. 17 (4) COVERED FAMILY MEMBER.—The term 18 ‘‘covered family member’’ means the noncitizen 19 spouse or noncitizen minor child of— 20 (A) a member of the Armed Forces serving 21 on active duty or in a reserve component; or 22 (B) a veteran, as defined in paragraph (4). 23 (5) NONCITIZEN.—The term ‘‘noncitizen’’ 24 means an individual who is not a national of the 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 4 •HR 5151 IH United States (as defined in section 101(a)(22) of 1 the Immigration and Nationality Act (8 U.S.C. 2 1101(a)(22))). 3 (6) VETERAN.—The term ‘‘veteran’’ has the 4 meaning given that term in section 101 of title 38, 5 United States Code. 6 SEC. 4. IDENTIFICATION OF MEMBERS OF THE ARMED 7 FORCES, VETERANS, AND COVERED FAMILY 8 MEMBERS IN REMOVAL PROCEEDINGS. 9 (a) IN GENERAL.—Not later than the time of the 10 Master Calendar Hearing for any individual in removal 11 proceedings, the Director of U.S. Immigration and Cus- 12 toms Enforcement shall identify whether the individual 13 is— 14 (1) a member of the Armed Forces serving on 15 active duty or in a reserve component; 16 (2) a veteran; or 17 (3) a covered family member. 18 (b) TRANSFER OF CASE FILES.—The Director of 19 U.S. Immigration and Customs Enforcement shall trans- 20 fer a copy of the complete case file of any individual identi- 21 fied under subsection (a), immediately after such identi- 22 fication, to the Advisory Committee. 23 (c) LIMITATION ON REMOVAL.—Notwithstanding any 24 other provision of law, an individual described in sub- 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 5 •HR 5151 IH section (a) may not be removed until the Military Family 1 Immigration Advisory Committee has provided rec- 2 ommendations with respect to that individual to the Sec- 3 retary of Homeland Security and the Attorney General 4 under section 5. 5 SEC. 5. MILITARY FAMILY IMMIGRATION ADVISORY COM- 6 MITTEE. 7 (a) ESTABLISHMENT.—The Secretary of Homeland 8 Security, in consultation with the Secretary of Defense 9 and in cooperation with the Secretary of the Army, the 10 Secretary of the Navy, the Secretary of the Air Force, and 11 the Commandant of the Coast Guard, shall establish an 12 advisory committee, to be known as the ‘‘Military Family 13 Immigration Advisory Committee’’, to provide rec- 14 ommendations to the Secretary of Homeland Security and 15 the Attorney General on the exercise of prosecutorial dis- 16 cretion in cases involving removal proceedings of individ- 17 uals described in section 4(a). 18 (b) MEMBERSHIP.—The Advisory Committee shall be 19 composed of— 20 (1) the Deputy Commanding General of Army 21 Human Resources Command, or designee; 22 (2) the Judge Advocate of the Army, or des- 23 ignee; 24 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 6 •HR 5151 IH (3) the Deputy Commander of Navy Personnel 1 Command, or designee; 2 (4) the Judge Advocate of the Navy, or des- 3 ignee; 4 (5) the Vice Chief of Staff of the Air Force; 5 (6) the Judge Advocate of the Air Force, or 6 designee; 7 (7) the Deputy Commandant for Mission Sup- 8 port of the Coast Guard; 9 (8) the Judge Advocate of the Coast Guard, or 10 designee; and 11 (9) the Deputy Commandant of Manpower and 12 Reserve Affairs of the Marine Corps, or designee. 13 (c) CASE REVIEWS.— 14 (1) IN GENERAL.—Not later than 30 days after 15 the Director of U.S. Immigration and Customs En- 16 forcement notifies the Advisory Committee of the 17 case of an individual described in section 4(a), the 18 Advisory Committee shall meet to review the case 19 and to provide a written recommendation to the Sec- 20 retary of Homeland Security on whether the indi- 21 vidual— 22 (A) notwithstanding the grounds for re- 23 moval asserted by U.S. Immigration and Cus- 24 toms Enforcement, should be granted— 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 7 •HR 5151 IH (i) a stay of removal and allowed to 1 apply for asylum; 2 (ii) deferred action; or 3 (iii) parole; or 4 (B) should be removed from the United 5 States. 6 (2) SUBMISSION OF INFORMATION.—An indi- 7 vidual who is the subject of a case review under 8 paragraph (1) may submit information to the Advi- 9 sory Committee, and the Advisory Committee shall 10 consider such information. 11 (3) PROCEDURES.—In conducting each case re- 12 view under paragraph (1), the Advisory Committee 13 shall consider, as factors weighing in favor of a rec- 14 ommendation under paragraph (1)(A)— 15 (A) with respect to a member of the 16 Armed Forces serving on active duty or in a re- 17 serve component, whether the individual— 18 (i) took an oath of enlistment or an 19 oath of office; 20 (ii) received military decorations, cam- 21 paign medals, or service medals, was de- 22 ployed, or was otherwise evaluated for 23 merit in service during his or her service in 24 the Armed Forces; 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 8 •HR 5151 IH (iii) is a national of a country that 1 prohibits repatriation of an individual after 2 any service in the Armed Forces; or 3 (iv) contributed to his or her local 4 community during his or her service in the 5 Armed Forces; 6 (B) with respect to a veteran, whether the 7 individual— 8 (i) took an oath of enlistment or an 9 oath of office; 10 (ii) completed a term of service in the 11 Armed Forces and was discharged under 12 conditions other than dishonorable; 13 (iii) received military decorations, 14 campaign medals, or service medals, was 15 deployed, or was otherwise evaluated for 16 merit in service during his or her service in 17 the Armed Forces; 18 (iv) is a national of a country that 19 prohibits repatriation of an individual after 20 any service in the Armed Forces; or 21 (v) contributed to his or her local 22 community during or after his or her serv- 23 ice in the Armed Forces; and 24 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 9 •HR 5151 IH (C) with respect to a covered family mem- 1 ber, whether the individual— 2 (i) supported a member of the Armed 3 Forces serving on active duty or a veteran, 4 including through financial support, emo- 5 tional support, or caregiving; or 6 (ii) contributed to his or her local 7 community during or after the military 8 service of the member or of the veteran. 9 (d) CONSULTATION WITH U.S. IMMIGRATION AND 10 CUSTOMS ENFORCEMENT PRINCIPAL LEGAL ADVISOR.— 11 The Principal Legal Advisor of U.S. Immigration and 12 Customs Enforcement, or designee, shall consult with the 13 Advisory Committee at the request of members of the Ad- 14 visory Committee. 15 (e) BRIEFINGS ON UNSUITABILITY OF NONCITIZEN 16 MEMBERS OF THE ARMED FORCES.—The Under Sec- 17 retary of Defense for Personnel and Readiness shall pro- 18 vide detailed briefings to the Advisory Committee regard- 19 ing the reasons for determining the unsuitability of noncit- 20 izen members of the Armed Forces whose cases are being 21 considered by the Advisory Committee. 22 (f) BRIEFINGS ON ACTIONS IN RESPONSE TO REC- 23 OMMENDATIONS.—Not less frequently than quarterly, the 24 Secretary of Homeland Security shall provide detailed 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 10 •HR 5151 IH briefings to the Advisory Committee regarding actions 1 taken in response to the recommendations of the Advisory 2 Committee, including detailed explanations for any cases 3 in which a recommendation of the Advisory Committee 4 was not followed. 5 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 6 authorized to be appropriated such sums as may be nec- 7 essary to carry out this section. 8 SEC. 6. LIST OF COUNTRIES UNWILLING TO REPATRIATE 9 UNITED STATES VETERANS. 10 The Secretary of Homeland Security, in consultation 11 with the Secretary of State, shall compile and annually 12 update a list of countries that refuse to repatriate nation- 13 als of such country who have enlisted or been appointed 14 in the United States Armed Forces. 15 SEC. 7. PROGRAM OF CITIZENSHIP THROUGH MILITARY 16 SERVICE. 17 (a) IN GENERAL.—The Secretary of Homeland Secu- 18 rity, acting through the Director of U.S. Citizenship and 19 Immigration Services, and the Secretary of Defense shall 20 jointly carry out a program under which any individual 21 noncitizen who serves on active duty in the Armed Forces, 22 and the noncitizen spouse and any noncitizen minor child 23 of such individual, shall be naturalized as a United States 24 citizen if such individual, and such spouse or child, is not 25 VerDate Sep 11 2014 03:33 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 11 •HR 5151 IH otherwise ineligible for citizenship under the immigration 1 laws (as that term is defined in section 101(a)(17) of the 2 Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 3 (b) JAG TRAINING.—The Secretary of Defense shall 4 ensure that appropriate members of the judge advocate 5 general corps of the Armed Forces shall receive training 6 to function as liaisons with U.S. Citizenship and Immigra- 7 tion Services with respect to applications for citizenship 8 of noncitizen members of the Armed Forces assigned to 9 units in such areas. 10 (c) TRAINING FOR RECRUITERS.—The Secretary of 11 Defense shall ensure that all recruiters in the Armed 12 Forces receive training regarding— 13 (1) the steps required for a noncitizen member 14 of the Armed Forces to receive citizenship; 15 (2) limitations on the path to citizenship for 16 family members of such individuals; and 17 (3) points of contact at the Department of 18 Homeland Security to resolve emergency immigra- 19 tion-related situations with respect to such individ- 20 uals and their family members. 21 (d) APPLICATION FOR NATURALIZATION.— 22 (1) BIOMETRICS.— 23 (A) SUBMISSION OF BIOMETRIC INFORMA- 24 TION.—The Secretary of Defense shall ensure 25 VerDate Sep 11 2014 21:26 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5151.IH H5151 kjohnson on DSK79L0C42 with BILLS 12 •HR 5151 IH that, at the time of accession into the Armed 1 Forces, biometric information of an individual 2 who has applied, or who plans to apply, for nat- 3 uralization is submitted to U.S. Citizenship and 4 Immigration Services for the purposes of such 5 application. 6 (B) ACCEPTANCE OF BIOMETRIC INFORMA- 7 TION.—The Director of U.S. Citizenship and 8 Immigration Services shall accept any biometric 9 information submitted pursuant to subpara- 10 graph (A). 11 (2) FILING OF APPLICATION.—The Secretary of 12 Homeland Security, in coordination with the Sec- 13 retary of Defense, shall ensure that each noncitizen 14 individual who accesses into the Armed Forces is 15 permitted to file an application for naturalization as 16 part of the accessions process. 17 (3) ADJUDICATION OF APPLICATION.—The Sec- 18 retary of Homeland Security, in coordination with 19 the Secretary of Defense, shall ensure that the appli- 20 cation for naturalization of any individual who ap- 21 plies for naturalization during the accessions process 22 into the Armed Forces is adjudicated not later than 23 the last day of active service of the individual in [Text truncated for display. 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