I 

113TH CONGRESS 

1ST SESSION H. R. 2377 

To amend title 10, United States Code, to authorize the enlistment in the 

Armed Forces of certain aliens who are unlawfully present in the United 

States and were younger than 15 years of age when they initially entered 

the United States, but who are otherwise qualified for enlistment, and 

to provide a mechanism by which such aliens, by reason of their honorable service in the Armed Forces, may be lawfully admitted to the 

United States for permanent residence. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2013 

Mr. DENHAM (for himself, Mr. MICHAUD, Mr. MILLER of Florida, Mr. 

MCKEON, Mr. NUNES, Mr. DUNCAN of South Carolina, Mr. AMODEI, Mr. 

DIAZ-BALART, Mr. WALZ, Mr. SOUTHERLAND, Mr. FARR, Mr. THOMPSON of California, Mr. VARGAS, Ms. GABBARD, and Mr. VALADAO) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To amend title 10, United States Code, to authorize the 

enlistment in the Armed Forces of certain aliens who 

are unlawfully present in the United States and were 

younger than 15 years of age when they initially entered 

the United States, but who are otherwise qualified for 

enlistment, and to provide a mechanism by which such 

aliens, by reason of their honorable service in the Armed 

Forces, may be lawfully admitted to the United States 

for permanent residence. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2377 IH

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 ‘‘Encourage New Legal5 ized Immigrants to Start Training Act’’ or ‘‘ENLIST 

6 Act’’. 

7 SEC. 2. AUTHORITY TO ENLIST IN THE ARMED FORCES 

8 CERTAIN ALIENS WHO ARE UNLAWFULLY 

9 PRESENT IN THE UNITED STATES AND LEGAL 

10 STATUS OF SUCH ENLISTEES BY REASON OF 

11 HONORABLE SERVICE IN THE ARMED 

12 FORCES. 

13 (a) CERTAIN ALIENS AUTHORIZED FOR ENLIST14 MENT.—Subsection (b)(1) of section 504 of title 10, 

15 United States Code, is amended by adding at the end the 

16 following new subparagraph: 

17 ‘‘(D) An alien who was unlawfully present in 

18 the United States on December 31, 2011, who has 

19 been continuously present in the United States since 

20 that date, who was younger than 15 years of age on 

21 the date the alien initially entered the United States, 

22 and who, disregarding such unlawful status, is oth23 erwise eligible for original enlistment in a regular 

24 component of the Army, Navy, Air Force, Marine 

25 Corps, or Coast Guard under section 505(a) of this 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 2377 IH

1 title and regulations issued to implement such sec2 tion.’’. 

3 (b) CONDITIONAL ADMISSION TO PERMANENT RESI4 DENCE OF ALIEN ENLISTEES.—Such section is further 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(c) CONDITIONAL ADMISSION TO PERMANENT RES8 IDENCE OF ALIEN ENLISTEES.—(1) The Secretary of 

9 Homeland Security shall adjust the status of an alien de10 scribed in subsection (b)(1)(D) who enlists in a regular 

11 component of the Army, Navy, Air Force, Marine Corps, 

12 or Coast Guard to the status of an alien lawfully admitted 

13 for permanent residence under the provisions of section 

14 249 of the Immigration and Nationality Act (8 U.S.C. 

15 1259), except that the alien does not have to— 

16 ‘‘(A) establish that he or she entered the 

17 United States prior to January 1, 1972; or 

18 ‘‘(B) comply with section 212(e) of such Act (8 

19 U.S.C. 1182(e)). 

20 ‘‘(2) The lawful permanent resident status of an alien 

21 described in subsection (b)(1)(D) who enlisted in a regular 

22 component of the armed forces and whose status was ad23 justed under paragraph (1) is automatically rescinded, by 

24 operation of law, if the alien is separated from the armed 

25 forces under other than honorable conditions before the 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 2377 IH

1 alien serves the term of enlistment of such alien. Such 

2 grounds for rescission are in addition to any other grounds 

3 for rescission provided by law. Proof of separation from 

4 the armed forces under other than honorable conditions 

5 shall be established by a duly authenticated certification 

6 from the armed force in which the alien last served. 

7 ‘‘(3) Nothing in this subsection shall be construed to 

8 alter— 

9 ‘‘(A) the process prescribed by sections 328, 

10 329, and 329A of the Immigration and Nationality 

11 Act (8 U.S.C. 1439, 1440, 1440–1) by which a per12 son may naturalize through service in the armed 

13 forces; or 

14 ‘‘(B) the qualifications for original enlistment 

15 in the armed forces described in section 505(a) of 

16 this title and regulations issued to implement such 

17 section.’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS