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 following 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. 

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 ‘‘Repatriate Our Patri5 ots Act’’. 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 1078 IH

1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘special veteran’’ means an in3 dividual who is an alien and is described in section 101(2) 

4 of title 38, United States Code, except the term— 

5 (1) only includes individuals who were dis6 charged or released from the Armed Forces under 

7 honorable conditions; 

8 (2) does not include individuals who have been 

9 convicted of voluntary manslaughter, murder, rape, 

10 sexual abuse of a minor, or any offense under chap11 ter 113B of title 18, United States Code (relating to 

12 terrorism); and 

13 (3) does not include individuals who have been 

14 determined to be a child abuser or a pedophile. 

15 SEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL. 

16 Notwithstanding any other provision of law, including 

17 section 237 of the Immigration and Nationality Act (8 

18 U.S.C. 1227), a special veteran shall not be removed from 

19 the United States. 

20 SEC. 4. NATURALIZATION FOR SPECIAL VETERANS. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, a special veteran shall be naturalized as a cit23 izen of the United States upon the filing of the appro24 priate application, paying the appropriate fees, and, except 

25 as provided in subsection (b), taking and subscribing be26 fore an officer of the Department of Homeland Security 


pbinns on DSK79D2C42PROD with BILLS
3 

•HR 1078 IH

1 within the United States to the oath of allegiance required 

2 by section 337 of the Immigration and Nationality Act 

3 (8 U.S.C. 1448). The Secretary of Homeland Security 

4 shall take steps to ensure that the period in which an ap5 plication for naturalization under this section is pending 

6 does not exceed 90 days. The Secretary shall furnish each 

7 special veteran naturalized under this section with a cer8 tificate of citizenship. 

9 (b) SPECIAL VETERANS ABROAD.—In the case of a 

10 special veteran residing abroad, the application for natu11 ralization may be filed from abroad, and the oath of alle12 giance described in subsection (a) may be subscribed to 

13 abroad at United States embassies, consulates, and, as 

14 practicable, United States military installations overseas 

15 pursuant to the procedures available under section 

16 1701(d) of the National Defense Authorization Act for 

17 Fiscal Year 2004 (8 U.S.C. 1443a) for naturalization pro18 ceedings overseas for members of the Armed Forces and 

19 their spouses and children. 

20 (c) WAIVER.—Consistent with section 337(a) of the 

21 Immigration and Nationality Act (8 U.S.C. 1448(a)), the 

22 Secretary of Homeland Security may waive the taking of 

23 the oath of allegiance described in subsection (a) by a spe24 cial veteran if, in the opinion of the Secretary, the special 

25 veteran is unable to understand, or to communicate an 


pbinns on DSK79D2C42PROD with BILLS
4 

•HR 1078 IH

1 understanding of, its meaning because of a physical or de2 velopmental disability or mental impairment. 

3 SEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL 

4 PROCEEDINGS OR ORDERED REMOVED. 

5 In the case of a special veteran in removal pro6 ceedings on the date of the enactment of this Act, the Sec7 retary of Homeland Security shall cancel the removal of 

8 the special veteran. In the case of a special veteran who 

9 was ordered removed before the date of the enactment of 

10 this Act, the Attorney General shall rescind any out11 standing order of removal, and any finding that the special 

12 veteran is subject to removal or is inadmissible. In the case 

13 of a special veteran physically present in the United States 

14 whose status as an alien lawfully admitted for permanent 

15 residence was rescinded before the date of the enactment 

16 of this Act, the Secretary of Homeland Security shall allow 

17 the veteran to adjust status to that of an alien lawfully 

18 admitted for permanent residence without regard to any 

19 numerical limitation in the Immigration and Nationality 

20 Act (8 U.S.C. 1101 et seq.). 

21 SEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM 

22 THE UNITED STATES. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Secretary shall establish a program 

25 and application procedure to permit special veterans reVerDate 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

1 moved from the United States before the date of the en2 actment of this Act to enter the United States as an alien 

3 lawfully admitted for permanent residence without regard 

4 to any numerical limitation in the Immigration and Na5 tionality Act (8 U.S.C. 1101 et seq.). 

6 SEC. 7. ACCESS TO MILITARY BENEFITS. 

7 A special veteran who has been naturalized or has 

8 obtained the status of an alien lawfully admitted for per9 manent residence pursuant to this Act shall be eligible for 

10 all military and veterans benefits for which the special vet11 eran would have been eligible if the special veteran had 

12 never been ordered removed, been removed, or voluntarily 

13 departed, from the United States. 

14 SEC. 8. IDENTIFICATION OF SPECIAL VETERANS. 

15 (a) IDENTIFICATION.—The Secretary of Homeland 

16 Security shall identify immigration cases involving special 

17 veterans by— 

18 (1) inquiring of every alien processed prior to 

19 initiating removal proceedings whether the alien is a 

20 special veteran; and 

21 (2) keeping records of special veterans who 

22 have been detained under the immigration laws, had 

23 removal proceedings against them initiated before 

24 the date of the enactment of this Act, or been re25 moved before such date. 


pbinns on DSK79D2C42PROD with BILLS
6 

•HR 1078 IH

1 (b) RECORD ANNOTATION.—When the Secretary has 

2 identified a case under subsection (a), the Secretary shall 

3 annotate all immigration and naturalization records of the 

4 Department of Homeland Security relating to the special 

5 veteran involved so as to reflect that identification and af6 ford an opportunity to track the outcomes for the veteran. 

7 Such annotation shall include— 

8 (1) the veteran’s branch of military service; 

9 (2) whether or not the veteran served during a 

10 period of military hostilities described in section 329 

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

12 1440); and 

13 (3) the veteran’s immigration status at the time 

14 of enlistment. 

Æ 


pbinns on DSK79D2C42PROD with BILLS