I 

117TH CONGRESS 

1ST SESSION H. R. 1183 

To establish a military family immigration advisory committee, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2021 

Mr. TAKANO (for himself, Mr. VARGAS, Mr. GRIJALVA, Mr. GALLEGO, Mrs. 

WATSON COLEMAN, Mr. HASTINGS, Ms. SCHAKOWSKY, Ms. GARCIA of 

Texas, and Ms. NORTON) introduced the following bill; which was referred to the Committee 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. 

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 ‘‘Honoring the Oath 

5 Act of 2021’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) military service to the United States is a 

2 sacrifice that demonstrates loyalty to the Nation; 

3 (2) a noncitizen who takes an oath of enlist4 ment or an oath of office to join the United States 

5 Armed Forces—promising to support and defend the 

6 Constitution of the United States against all en7 emies, foreign and domestic—deserves facilitated ac8 cess to naturalization; 

9 (3) such noncitizen and his or her family mem10 bers deserve consideration for the exercise of pros11 ecutorial discretion in immigration removal pro12 ceedings; and 

13 (4) a noncitizen veteran who is deported after 

14 consideration under this Act should be provided the 

15 same veterans’ benefits to which a similarly situated 

16 United States citizen veteran would be entitled. 

17 SEC. 3. 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 5. 

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 that term in section 

19 101 of title 10, United States Code. 

20 (4) COVERED FAMILY MEMBER.—The term 

21 ‘‘covered family member’’ means the noncitizen 

22 spouse or noncitizen minor child of— 

23 (A) a member of the Armed Forces serving 

24 on active duty or in a reserve component; or 

25 (B) a veteran, as defined in paragraph (4). 


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

2 means an individual who is not a national of the 

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

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

5 1101(a)(22))). 

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

7 meaning given that term in section 101 of title 38, 

8 United States Code. 

9 SEC. 4. IDENTIFICATION OF MEMBERS OF THE ARMED 

10 FORCES, VETERANS, AND COVERED FAMILY 

11 MEMBERS IN REMOVAL PROCEEDINGS. 

12 (a) IN GENERAL.—Not later than the time of the 

13 Master Calendar Hearing for any individual in removal 

14 proceedings, the Director of U.S. Immigration and Cus15 toms Enforcement shall identify whether the individual 

16 is— 

17 (1) a member of the Armed Forces serving on 

18 active duty or in a reserve component; 

19 (2) a veteran; or 

20 (3) a covered family member. 

21 (b) TRANSFER OF CASE FILES.—The Director of 

22 U.S. Immigration and Customs Enforcement shall trans23 fer a copy of the complete case file of any individual identi24 fied under subsection (a), immediately after such identi25 fication, to the Advisory Committee. 


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1 (c) LIMITATION ON REMOVAL.—Notwithstanding any 

2 other provision of law, an individual described in sub3 section (a) may not be removed until the Military Family 

4 Immigration Advisory Committee has provided rec5 ommendations with respect to that individual to the Sec6 retary of Homeland Security and the Attorney General 

7 under section 5. 

8 SEC. 5. MILITARY FAMILY IMMIGRATION ADVISORY COM9 MITTEE. 

10 (a) ESTABLISHMENT.—The Secretary of Homeland 

11 Security, in consultation with the Secretary of Defense 

12 and in cooperation with the Secretary of the Army, the 

13 Secretary of the Navy, the Secretary of the Air Force, and 

14 the Commandant of the Coast Guard, shall establish an 

15 advisory committee, to be known as the ‘‘Military Family 

16 Immigration Advisory Committee’’, to provide rec17 ommendations to the Secretary of Homeland Security and 

18 the Attorney General on the exercise of prosecutorial dis19 cretion in cases involving removal proceedings of individ20 uals described in section 4(a). 

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

22 composed of— 

23 (1) the Deputy Commanding General of Army 

24 Human Resources Command, or designee; 


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1 (2) the Judge Advocate of the Army, or des2 ignee; 

3 (3) the Deputy Commander of Navy Personnel 

4 Command, or designee; 

5 (4) the Judge Advocate of the Navy, or des6 ignee; 

7 (5) the Vice Chief of Staff of the Air Force; 

8 (6) the Judge Advocate of the Air Force, or 

9 designee; 

10 (7) the Deputy Commandant for Mission Sup11 port of the Coast Guard; 

12 (8) the Judge Advocate of the Coast Guard, or 

13 designee; and 

14 (9) the Deputy Commandant of Manpower and 

15 Reserve Affairs of the Marine Corps, or designee. 

16 (c) CASE REVIEWS.— 

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

18 the Director of U.S. Immigration and Customs En19 forcement notifies the Advisory Committee of the 

20 case of an individual described in section 4(a), the 

21 Advisory Committee shall meet to review the case 

22 and to provide a written recommendation to the Sec23 retary of Homeland Security on whether the indi24 vidual— 


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1 (A) notwithstanding the grounds for re2 moval asserted by U.S. Immigration and Cus3 toms Enforcement, should be granted— 

4 (i) a stay of removal and allowed to 

5 apply for asylum; 

6 (ii) deferred action; or 

7 (iii) parole; or 

8 (B) should be removed from the United 

9 States. 

10 (2) SUBMISSION OF INFORMATION.—An indi11 vidual who is the subject of a case review under 

12 paragraph (1) may submit information to the Advi13 sory Committee, and the Advisory Committee shall 

14 consider such information. 

15 (3) PROCEDURES.—In conducting each case re16 view under paragraph (1), the Advisory Committee 

17 shall consider, as factors weighing in favor of a rec18 ommendation under paragraph (1)(A)— 

19 (A) with respect to a member of the 

20 Armed Forces serving on active duty or in a re21 serve component, whether the individual— 

22 (i) took an oath of enlistment or an 

23 oath of office; 

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1 ployed, or was otherwise evaluated for 

2 merit in service during his or her service in 

3 the Armed Forces; 

4 (iii) is a national of a country that 

5 prohibits repatriation of an individual after 

6 any service in the Armed Forces; or 

7 (iv) contributed to his or her local 

8 community during his or her service in the 

9 Armed Forces; 

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

11 individual— 

12 (i) took an oath of enlistment or an 

13 oath of office; 

14 (ii) completed a term of service in the 

15 Armed Forces and was discharged under 

16 conditions other than dishonorable; 

17 (iii) received military decorations, 

18 campaign medals, or service medals, was 

19 deployed, or was otherwise evaluated for 

20 merit in service during his or her service in 

21 the Armed Forces; 

22 (iv) is a national of a country that 

23 prohibits repatriation of an individual after 

24 any service in the Armed Forces; or 


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1 (v) contributed to his or her local 

2 community during or after his or her serv3 ice in the Armed Forces; and 

4 (C) with respect to a covered family mem5 ber, whether the individual— 

6 (i) supported a member of the Armed 

7 Forces serving on active duty or a veteran, 

8 including through financial support, emo9 tional support, or caregiving; or 

10 (ii) contributed to his or her local 

11 community during or after the military 

12 service of the member or of the veteran. 

13 (d) CONSULTATION WITH U.S. IMMIGRATION AND

14 CUSTOMS ENFORCEMENT PRINCIPAL LEGAL ADVISOR.— 

15 The Principal Legal Advisor of U.S. Immigration and 

16 Customs Enforcement, or designee, shall consult with the 

17 Advisory Committee at the request of members of the Ad18 visory Committee. 

19 (e) BRIEFINGS ON UNSUITABILITY OF NONCITIZEN

20 MEMBERS OF THE ARMED FORCES.—The Under Sec21 retary of Defense for Personnel and Readiness shall pro22 vide detailed briefings to the Advisory Committee regard23 ing the reasons for determining the unsuitability of noncit24 izen members of the Armed Forces whose cases are being 

25 considered by the Advisory Committee. 


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1 (f) BRIEFINGS ON ACTIONS IN RESPONSE TO REC2 OMMENDATIONS.—Not less frequently than quarterly, the 

3 Secretary of Homeland Security shall provide detailed 

4 briefings to the Advisory Committee regarding actions 

5 taken in response to the recommendations of the Advisory 

6 Committee, including detailed explanations for any cases 

7 in which a recommendation of the Advisory Committee 

8 was not followed. 

9 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated such sums as may be nec11 essary to carry out this section. 

12 SEC. 6. LIST OF COUNTRIES UNWILLING TO REPATRIATE 

13 UNITED STATES VETERANS. 

14 The Secretary of Homeland Security, in consultation 

15 with the Secretary of State, shall compile and annually 

16 update a list of countries that refuse to repatriate nation17 als of such country who have enlisted or been appointed 

18 in the United States Armed Forces. 

19 SEC. 7. PROGRAM OF CITIZENSHIP THROUGH MILITARY 

20 SERVICE. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity, acting through the Director of U.S. Citizenship and 

23 Immigration Services, and the Secretary of Defense shall 

24 jointly carry out a program under which any individual 

25 noncitizen who serves on active duty in the Armed Forces, 


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1 and the noncitizen spouse and any noncitizen minor child 

2 of such individual, shall be naturalized as a United States 

3 citizen if such individual, and such spouse or child, is not 

4 otherwise ineligible for citizenship under the immigration 

5 laws (as that term is defined in section 101(a)(17) of the 

6 Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 

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

8 ensure that appropriate members of the judge advocate 

9 general corps of the Armed Forces shall receive training 

10 to function as liaisons with U.S. Citizenship and Immigra11 tion Services with respect to applications for citizenship 

12 of noncitizen members of the Armed Forces assigned to 

13 units in such areas. 

14 (c) TRAINING FOR RECRUITERS.—The Secretary of 

15 Defense shall ensure that all recruiters in the Armed 

16 Forces receive training regarding— 

17 (1) the steps required for a noncitizen member 

18 of the Armed Forces to receive citizenship; 

19 (2) limitations on the path to citizenship for 

20 family members of such individuals; and 

21 (3) points of contact at the Department of 

22 Homeland Security to resolve emergency immigra23 tion-related situations with respect to such individ24 uals and their family members. 

25 (d) APPLICATION FOR NATURALIZATION.— 


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1 (1) BIOMETRICS.— 

2 (A) SUBMISSION OF BIOMETRIC INFORMA3 TION.—The Secretary of Defense shall ensure 

4 that, at the time of accession into the Armed 

5 Forces, biometric information of an individual 

6 who has applied, or who plans to apply, for nat7 uralization is submitted to U.S. Citizenship and 

8 Immigration Services for the purposes of such 

9 application. 

10 (B) ACCEPTANCE OF BIOMETRIC INFORMA11 TION.—The Director of U.S. Citizenship and 

12 Immigration Services shall accept any biometric 

13 information submitted pursuant to subpara14 graph (A). 

15 (2) FILING OF APPLICATION.—The Secretary of 

16 Homeland Security, in coordination with the Sec17 retary of Defense, shall ensure that each noncitizen 

18 individual who accesses into the Armed Forces is 

19 permitted to file an application for naturalization as 

20 part of the accessions process. 

21 (3) ADJUDICATION OF APPLICATION.—The Sec22 retary of Homeland Security, in coordination with 

23 the Secretary of Defense, shall ensure that the appli24 cation for naturalization of any individual who ap25 plies for naturalization during the accessions process 


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1 into the Armed Forces is adjudicated not later than 

2 the last day of active service of the individual in the 

3 Armed Forces. 

4 (e) ANNUAL REPORTS.—The Secretary of each mili5 tary department shall annually submit to the appropriate 

6 congressional committees a report on the number of all 

7 noncitizens who enlisted or were appointed in their depart8 ment, all members of the Armed Forces in their depart9 ment who naturalized, and all members of the Armed 

10 Forces in their department who were discharged or re11 leased without United States citizenship under the juris12 diction of such Secretary during the preceding year. 

13 SEC. 8. STUDY AND REPORT ON NONCITIZEN VETERANS 

14 REMOVED FROM THE UNITED STATES. 

15 (a) STUDY REQUIRED.—Not later than 1 year after 

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

17 Defense, the Secretary of Homeland Security, and the 

18 Secretary of Veterans Affairs shall jointly carry out a 

19 study on noncitizen veterans of the Armed Forces who 

20 were removed from the United States during the period 

21 beginning on January 1, 1990, and ending on the date 

22 of the enactment of this Act, which shall include— 

23 (1) the number of noncitizens removed by U.S. 

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1 riod covered by the report who served on active duty 

2 in the Armed Forces or in a reserve component of 

3 the Armed Forces for a period of more than 180 

4 days; 

5 (2) for each noncitizen described in paragraph 

6 (1)— 

7 (A) the country of origin of the noncitizen; 

8 (B) the length of time the noncitizen 

9 served as a member of the Armed Forces; 

10 (C) the grounds for removal under section 

11 237(a) of the Immigration and Nationality Act 

12 (8 U.S.C. 1227) or section 212(a) of the Immi13 gration and Nationality Act (8 U.S.C. 1182), as 

14 applicable; and 

15 (D) whether the noncitizen appealed the 

16 removal order; 

17 (3) the number of noncitizens described in 

18 paragraph (1) who— 

19 (A) were discharged or released from serv20 ice under honorable conditions; 

21 (B) were deployed overseas; 

22 (C) served on active duty in the Armed 

23 Forces in an overseas contingency operation; 

24 (D) were awarded military decorations, 

25 campaign medals, or service medals; 


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1 (E) applied for benefits under laws admin2 istered by the Secretary of Veterans Affairs; or 

3 (F) are receiving benefits described in sub4 paragraph (E); and 

5 (4) a description of the reasons preventing any 

6 of the noncitizens who applied for benefits described 

7 in paragraph (3)(E) from receiving such benefits. 

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

9 of the completion of the study required under subsection 

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

11 Security, and the Secretary of Veterans Affairs shall joint12 ly submit a report containing the results of such study 

13 to the appropriate congressional committees. 

Æ 


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