II 

117TH CONGRESS 

2D SESSION S. 5055 

To provide benefits for noncitizen members of the Armed Forces, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. PADILLA (for himself, Mr. DURBIN, Mr. BOOKER, Mr. SANDERS, Ms. 

WARREN, Mr. MARKEY, Mr. BLUMENTHAL, Mr. BROWN, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide benefits for noncitizen members of the Armed 

Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veteran Service Rec5 ognition Act of 2022’’. 

6 SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS 

7 REMOVED FROM THE UNITED STATES. 

8 (a) STUDY REQUIRED.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, the Secretary 

3 of Defense, the Secretary of Homeland Security, and 

4 the Secretary of Veterans Affairs shall jointly carry 

5 out a study on noncitizen veterans and noncitizen 

6 former members of the Armed Forces who were re7 moved from the United States during the period be8 ginning on January 1, 1990, and ending on the date 

9 of the enactment of this Act. 

10 (2) ELEMENTS.—The study carried out pursu11 ant to paragraph (1) shall determine— 

12 (A) the number of noncitizens who— 

13 (i) served in the Armed Forces for an 

14 aggregate period of more than 180 days; 

15 and 

16 (ii) were removed by U.S. Immigra17 tion and Customs Enforcement or the Im18 migration and Naturalization Service dur19 ing the period covered by the report; 

20 (B) for each noncitizen described in sub21 paragraph (A)— 

22 (i) the country of nationality or last 

23 habitual residence of such noncitizen; 

24 (ii) the total time such noncitizen 

25 served as a member of the Armed Forces; 


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1 (iii) each ground on which such non2 citizen was ordered removed pursuant to 

3 section 212(a) of the Immigration and Na4 tionality Act (8 U.S.C. 1182(a)) or section 

5 237(a) of such Act (8 U.S.C. 1227(a)), as 

6 applicable; and 

7 (iv) whether such noncitizen appealed 

8 the removal order to the Board of Immi9 gration Appeals; 

10 (C)(i) the number of noncitizens described 

11 in subparagraph (A) who were discharged or re12 leased from service under honorable conditions; 

13 (ii) the number of noncitizens described in 

14 subparagraph (A) who were discharged or re15 leased from service under other than honorable 

16 conditions; 

17 (iii) the number of noncitizens described in 

18 subparagraph (A) who were deployed overseas; 

19 (iv) the number of noncitizens described in 

20 subparagraph (A) who served on active duty in 

21 the Armed Forces in an overseas contingency 

22 operation; 

23 (v) the number of noncitizens described in 

24 subparagraph (A) who were awarded decora25 tions or medals; 


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1 (vi) the number of noncitizens described in 

2 subparagraph (A) who applied for benefits 

3 under laws administered by the Secretary of 

4 Veterans Affairs; and 

5 (vii) the number of noncitizens described in 

6 subparagraph (A) who receive benefits de7 scribed in clause (vi); and 

8 (D) the reasons preventing any of the non9 citizens who applied for benefits described in 

10 subparagraph (C)(vi) from receiving such bene11 fits. 

12 (b) REPORT.—Not later than 90 days after the date 

13 of the completion of the study required under subsection 

14 (a), the Secretary of Defense, the Secretary of Homeland 

15 Security, and the Secretary of Veterans Affairs shall joint16 ly submit a report containing the results of such study 

17 to the appropriate congressional committees. 

18 SEC. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO 

19 REMOVAL. 

20 (a) ESTABLISHMENT.—Not later than 180 days after 

21 the date of the enactment of this Act, the Secretary of 

22 Homeland Security shall develop— 

23 (1) a protocol for identifying noncitizens who 

24 are or may be veterans; and 


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1 (2) a system for maintaining information about 

2 noncitizen veterans identified pursuant to the pro3 tocol established under paragraph (1) and informa4 tion provided by the Under Secretary of Defense for 

5 Personnel and Readiness under section 4(d). 

6 (b) INFORMATION SHARING.—The system developed 

7 pursuant to subsection (a)(2) shall be shared across all 

8 components of the Department of Homeland Security, in9 cluding Enforcement and Removal Operations, the Office 

10 of the Principal Legal Advisor, Homeland Security Inves11 tigations, and the Military Family Immigration Advisory 

12 Committee. 

13 (c) CONSIDERATION OF VETERAN STATUS.—The 

14 Secretary of Homeland Security shall ensure that, in the 

15 case of any noncitizen veteran who is potentially remov16 able, and in any removal proceeding against such a noncit17 izen veteran, information available under the system devel18 oped pursuant to subsection (a)(2) is taken into consider19 ation, including for purposes of any adjudication on the 

20 immigration status of such veteran. 

21 (d) USE OF SYSTEM REQUIRED.—The Secretary of 

22 Homeland Security may not initiate removal proceedings 

23 against an individual prior to using the system established 

24 pursuant to subsection (a)(2) to attempt to determine 

25 whether the individual is a veteran. If the Secretary of 


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1 Homeland Security determines that such an individual is 

2 or may be a veteran, the Secretary shall notify the Military 

3 Family Immigration Advisory Committee concurrently 

4 upon initiating removal proceedings against such indi5 vidual. 

6 (e) TRAINING.—Beginning in the first fiscal year that 

7 begins after the Secretary of Homeland Security completes 

8 the requirements under subsection (a), personnel of U.S. 

9 Immigration and Customs Enforcement shall participate 

10 in annual training on the protocol developed under this 

11 section. 

12 SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COM13 MITTEE. 

14 (a) ESTABLISHMENT.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary of 

16 Homeland Security shall establish an advisory committee, 

17 which shall be known as the ‘‘Military Family Immigration 

18 Advisory Committee’’, to provide recommendations to the 

19 Secretary of Homeland Security on the exercise of discre20 tion in any case involving removal proceedings for— 

21 (1) a member of the Armed Forces; 

22 (2) a veteran; or 

23 (3) a covered family member. 


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1 (b) MEMBERSHIP.—The Advisory Committee shall be 

2 composed of 9 members, appointed by the Secretary of 

3 Homeland Security. 

4 (c) CASE REVIEWS.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the Advisory Committee identifies or is notified 

7 about the case of an individual described in sub8 section (a), the Advisory Committee shall meet to re9 view the case and to provide a written recommenda10 tion to the Secretary of Homeland Security on 

11 whether— 

12 (A) an exercise of discretion is warranted, 

13 including— 

14 (i) termination of removal pro15 ceedings; 

16 (ii) parole; 

17 (iii) deferred action; 

18 (iv) a stay of removal; 

19 (v) administrative closure; or 

20 (vi) authorization to apply for any 

21 other form of relief; or 

22 (B) to continue seeking the removal of 

23 such individual. 

24 (2) SUBMISSION OF INFORMATION.—An indi25 vidual who is the subject of a case review under 


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1 paragraph (1) may submit information to the Advi2 sory Committee, and the Advisory Committee shall 

3 consider such information. 

4 (3) PROCEDURES.—In conducting each case re5 view under paragraph (1), the Advisory Committee 

6 shall consider, as factors weighing in favor of a rec7 ommendation under paragraph (1)(A)— 

8 (A) with respect to a member of the 

9 Armed Forces, whether the individual— 

10 (i) was an enlisted member or officer 

11 of the Armed Forces; 

12 (ii) received a medal or decoration, 

13 was deployed, or was otherwise evaluated 

14 for merit in service during his or her serv15 ice in the Armed Forces; 

16 (iii) is a national of a country that 

17 prohibits repatriation of an individual after 

18 any service in the Armed Forces; or 

19 (iv) contributed to his or her local 

20 community during his or her service in the 

21 Armed Forces; 

22 (B) with respect to a veteran, whether the 

23 individual— 

24 (i) was an enlisted member or officer 

25 of the Armed Forces; 


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1 (ii) completed a period of service in 

2 the Armed Forces and was discharged 

3 under conditions other than dishonorable; 

4 (iii) received a medal or decoration, 

5 was deployed, or was otherwise evaluated 

6 for merit in service during his or her serv7 ice in the Armed Forces; 

8 (iv) is a national of a country that 

9 prohibits repatriation of an individual after 

10 any service in the Armed Forces of another 

11 country; or 

12 (v) contributed to his or her local 

13 community during or after his or her serv14 ice in the Armed Forces; and 

15 (C) with respect to a covered family mem16 ber, whether the individual— 

17 (i) supported a member of the Armed 

18 Forces serving on active duty or a veteran, 

19 including through financial support, emo20 tional support, or caregiving; or 

21 (ii) contributed to his or her local 

22 community during or after the military 

23 service of the member or of the veteran. 

24 (d) BRIEFINGS ON NONCITIZEN VETERANS.—The 

25 Under Secretary of Defense for Personnel and Readiness 


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1 shall provide detailed briefings to the Advisory Committee 

2 regarding the service of a noncitizen veteran when that 

3 individual’s case is being considered by the Advisory Com4 mittee. 

5 (e) BRIEFINGS ON ACTIONS IN RESPONSE TO REC6 OMMENDATIONS.—Not less frequently than quarterly, the 

7 Secretary of Homeland Security shall provide detailed 

8 briefings to the Advisory Committee regarding actions 

9 taken in response to the recommendations of the Advisory 

10 Committee, including detailed explanations for any cases 

11 in which a recommendation of the Advisory Committee 

12 was not followed. 

13 (f) TRANSFER OF CASE FILES.—For any individual 

14 with respect to whom the Advisory Committee is con15 ducting a case review under this section, the Secretary of 

16 Defense and the Secretary of Homeland Security shall 

17 provide to the Advisory Committee a copy of any available 

18 record pertaining to that individual, including such indi19 vidual’s alien file, that is relevant to the case review. 

20 (g) LIMITATION ON REMOVAL.—Notwithstanding 

21 any other provision of law, an individual described in sub22 section (a) may not be ordered removed until the Advisory 

23 Committee has provided a recommendation with respect 

24 to such individual to the Secretary of Homeland Security. 


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1 SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY 

2 SERVICE. 

3 (a) IN GENERAL.— 

4 (1) PROGRAM ESTABLISHED.—The Secretary of 

5 Homeland Security, acting through the Director of 

6 U.S. Citizenship and Immigration Services, and in 

7 coordination with the Secretary of Defense, shall 

8 jointly implement a program to ensure that— 

9 (A) each eligible noncitizen is afforded the 

10 opportunity to file an application for naturaliza11 tion at any point on or after the first day of 

12 service on active duty or first day of service as 

13 a member of the Selected Reserve pursuant to 

14 section 329 of the Immigration and Nationality 

15 Act (8 U.S.C. 1440); and 

16 (B) the duly authenticated certification (or 

17 any other successor form) required under sec18 tion 329(b)(3) of the Immigration and Nation19 ality Act (8 U.S.C. 1140(b)(3)) is issued to 

20 each noncitizen not later than 30 days after the 

21 individual makes a request for such certifi22 cation. 

23 (2) ELIGIBLE NONCITIZEN.—In this subsection, 

24 the term ‘‘eligible noncitizen’’ means a noncitizen 

25 who serves or has served in the Armed Forces dur26 ing any period that the President by Executive order 


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1 designates as a period during which the Armed 

2 Forces are or were engaged in military operations 

3 involving armed conflict with a hostile foreign force. 

4 (b) JAG TRAINING.—The Secretary of Defense shall 

5 ensure that appropriate members of the Judge Advocate 

6 General Corps of each Armed Force receive training to 

7 function as liaisons with U.S. Citizenship and Immigration 

8 Services with respect to applications for citizenship of non9 citizen members of the Armed Forces. 

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 immigra19 tion-related situations with respect to such individ20 uals and their family members. 

21 (d) ANNUAL REPORTS.—The Secretary of each mili22 tary department shall annually submit a report to the ap23 propriate congressional committees that identifies the 

24 number of all noncitizens who enlisted or were appointed 

25 in the military department concerned, all members of the 


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1 Armed Forces in their department who naturalized, and 

2 all members of the Armed Forces in their department who 

3 were discharged or released without United States citizen4 ship under the jurisdiction of such Secretary during the 

5 preceding year. 

6 (e) FURTHER FACILITATION NATURALIZATION FOR

7 MILITARY PERSONNEL IN CONTINGENCY OPERATIONS.— 

8 Any person who has served honorably as a member of the 

9 Armed Forces of the United States in support of a contin10 gency operation (as defined in section 101(a)(13) of title 

11 10, United States Code), and who, if separated from the 

12 Armed Forces, was separated under honorable conditions, 

13 may be naturalized as provided in section 329 of the Im14 migration and Nationality Act (8 U.S.C. 1440) as though 

15 the person had served during a period designated by the 

16 President under such section. 

17 (f) NATURALIZATION THROUGH SERVICE IN THE

18 ARMED FORCES OF THE UNITED STATES.—Section 328 

19 of the Immigration and Nationality Act (8 U.S.C. 1439) 

20 is amended— 

21 (1) in subsection (a), by striking ‘‘six months’’ 

22 and inserting ‘‘one year’’; and 

23 (2) in subsection (d), by striking ‘‘six months’’ 

24 and inserting ‘‘one year’’. 


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1 SEC. 6. INFORMATION FOR MILITARY RECRUITS REGARD2 ING NATURALIZATION THROUGH SERVICE IN 

3 THE ARMED FORCES. 

4 The Secretary of Defense, in coordination with the 

5 Secretary of Homeland Security, shall ensure that there 

6 is stationed or employed at each Military Entrance Proc7 essing Station— 

8 (1) an employee of U.S. Citizenship and Immi9 gration Services; or 

10 (2) in the case that the Secretary determines 

11 that it is impracticable to station or employ a person 

12 described in paragraph (1) at a Military Entrance 

13 Processing Station, a member of the Armed Forces 

14 or an employee of the Department of Defense— 

15 (A) whom the Secretary determines is 

16 trained in the immigration laws; and 

17 (B) who shall inform each military recruit 

18 who is not a citizen of the United States proc19 essed at such Military Entrance Processing Sta20 tion regarding naturalization through service in 

21 the Armed Forces under sections 328 and 329 

22 of the Immigration and Nationality Act (8 

23 U.S.C. 1439–1440). 


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1 SEC. 7. RETURN OF ELIGIBLE VETERANS REMOVED FROM 

2 THE UNITED STATES; ADJUSTMENT OF STA3 TUS. 

4 (a) ELIGIBLE VETERANS.—Notwithstanding the 

5 issuance of a final order of removal against a noncitizen, 

6 the Secretary of Homeland Security may adjust such non7 citizen’s status to that of an alien lawfully admitted for 

8 permanent residence, or admit such noncitizen for lawful 

9 permanent residence if the Secretary determines that such 

10 noncitizen— 

11 (1) is a veteran; and 

12 (2) except as provided in subsection (b), is not 

13 inadmissible. 

14 (b) WAIVER.— 

15 (1) AUTHORITY.—The Secretary of Homeland 

16 Security may waive any applicable ground of inad17 missibility with respect to a noncitizen veteran de18 scribed in subsection (a), under section 212(a) of the 

19 Immigration and Nationality Act (8 U.S.C. 1182(a)) 

20 (other than paragraph (3) of such section 212(a), or 

21 a finding of inadmissibility under paragraph (2)(A) 

22 based on a conviction of an aggravated felony de23 scribed in subparagraph (A), (I), or (K) of section 

24 101(a)(43) of such Act (8 U.S.C. 1101(a)(43))) if 

25 the Secretary determines that such waiver is in the 

26 public interest. 


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1 (2) PUBLIC INTEREST CONSIDERATIONS.—In 

2 determining whether a waiver described in para3 graph (1) is in the public interest, the Secretary of 

4 Homeland Security shall consider factors, such as— 

5 (A) the noncitizen’s service in the Armed 

6 Forces; and 

7 (B) the recency and severity of any offense 

8 or conduct that forms the basis of a finding of 

9 inadmissibility under section 212(a) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1182(a)). 

12 (c) PROCEDURES.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of Home14 land Security shall promulgate regulations that establish 

15 procedures for carrying out this section. 

16 (d) NO NUMERICAL LIMITATIONS.—Individuals who 

17 are granted lawful permanent residence under this section 

18 shall not be subject to the numerical limitations under sec19 tion 201, 202, or 203 of the Immigration and Nationality 

20 Act (8 U.S.C. 1151, 1152, and 1153). 

21 (e) CLARIFICATION.—If a noncitizen’s status is ad22 justed to that of an alien lawfully admitted for permanent 

23 residence, or if such noncitizen is lawfully admitted for 

24 permanent residence, such adjustment or admission shall 

25 create a presumption that the noncitizen has established 


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1 good moral character under paragraphs (1) through (8) 

2 of section 101(f) of the Immigration and Nationality Act 

3 (8 U.S.C. 1101(f)). 

4 (f) LIMITATION ON REMOVAL.— 

5 (1) IN GENERAL.—A noncitizen who appears to 

6 be prima facie eligible for lawful permanent resident 

7 status under this section shall be given a reasonable 

8 opportunity to apply for such status. Such noncit9 izen may not be removed from the United States 

10 until a final administrative decision establishing in11 eligibility for such status is rendered. 

12 (2) EFFECT OF FINAL ORDER.— 

13 (A) IN GENERAL.—A noncitizen present in 

14 the United States who has been ordered re15 moved or has been permitted to depart volun16 tarily from the United States may, notwith17 standing such order or permission to depart, 

18 apply for lawful permanent resident status 

19 under this section. Such noncitizen may not be 

20 required to file a separate motion to reopen, re21 consider, or vacate the order of removal. 

22 (B) EFFECT OF APPROVAL.—If the Sec23 retary of Homeland Security approves an appli24 cation filed pursuant to subparagraph (A)— 


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1 (i) the Secretary shall notify the At2 torney General of such approval; and 

3 (ii) the Attorney General shall cancel 

4 the order of removal. 

5 (C) EFFECT OF DENIAL.—If the Secretary 

6 of Homeland Security renders a final adminis7 trative decision to deny an application filed pur8 suant to subparagraph (A), the order of re9 moval or permission to depart shall be effective 

10 and enforceable to the same extent as if the ap11 plication had not been made, only after all 

12 available administrative and judicial remedies 

13 have been exhausted. 

14 SEC. 8. ADJUSTMENT OF STATUS FOR CERTAIN IMMEDIATE 

15 RELATIVES OF UNITED STATES CITIZEN 

16 SERVICE MEMBERS OR VETERANS. 

17 (a) IN GENERAL.—For purposes of an application for 

18 adjustment of status pursuant to an approved petition for 

19 classification under section 204(a)(1)(A) of the Immigra20 tion and Nationality Act (8 U.S.C. 1154(a)(1)(A)), an 

21 alien described in subsection (b)— 

22 (1) is be deemed to have been inspected and ad23 mitted into the United States; and 


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1 (2) shall not be subject to paragraphs (6)(A), 

2 (6)(C), (7)(A), and (9) of section 212(a) of such Act 

3 (8 U.S.C. 1182(a)). 

4 (b) ALIEN DESCRIBED.—An alien described in this 

5 subsection is the beneficiary of an approved petition for 

6 classification under section 204(a)(1)(A) of the Immigra7 tion and Nationality Act (8 U.S.C. 1154(a)(1)(A)) as an 

8 immediate relative (as defined in section 201(b)(2)(A)(i) 

9 of such Act (8 U.S.C. 1151(b)(2)(A)(i))) of a citizen of 

10 the United States who— 

11 (1) served, for a minimum of 2 years, on active 

12 duty in the Armed Forces or in a reserve component 

13 of the United States Armed Forces; and 

14 (2) if discharged or released from service in the 

15 Armed Forces, was discharged or released under 

16 honorable conditions. 

17 SEC. 9. DEFINITIONS. 

18 In this Act: 

19 (1) ADVISORY COMMITTEE.—The term ‘‘Advi20 sory Committee’’ means the Military Family Immi21 gration Advisory Committee established pursuant to 

22 section 4. 

23 (2) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) the Committee on Armed Services of 

2 the Senate; 

3 (B) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (C) the Committee on the Judiciary of the 

6 Senate; 

7 (D) the Committee on Veterans’ Affairs of 

8 the Senate; 

9 (E) the Committee on Armed Services of 

10 the House of Representatives; 

11 (F) the Committee on Homeland Security 

12 of the House of Representatives; 

13 (G) the Committee on the Judiciary of the 

14 House of Representatives; and 

15 (H) the Committee on Veterans’ Affairs of 

16 the House of Representatives. 

17 (3) ARMED FORCES.—The term ‘‘Armed 

18 Forces’’ has the meaning given the term ‘‘armed 

19 forces’’ in section 101(4) of title 10, United States 

20 Code. 

21 (4) COVERED FAMILY MEMBER.—The term 

22 ‘‘covered family member’’ means the noncitizen 

23 spouse or noncitizen child of— 

24 (A) a member of the Armed Forces; or 

25 (B) a veteran. 


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1 (5) IMMIGRATION LAWS.—The term ‘‘immigra2 tion laws’’ has the meaning given such term in sec3 tion 101(a)(17) of the Immigration and Nationality 

4 Act (8 U.S.C. 1101(a)(17)). 

5 (6) NONCITIZEN.—The term ‘‘noncitizen’’ 

6 means an individual who is not a national of the 

7 United States (as defined in section 101(a)(22) of 

8 the Immigration and Nationality Act (8 U.S.C. 

9 1101(a)(22))). 

10 (7) VETERAN.—The term ‘‘veteran’’ has the 

11 meaning given such term in section 101(2) of title 

12 38, United States Code. 

Æ 


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