I 

118TH CONGRESS 

1ST SESSION H. R. 6381 

To require the Secretary of Homeland Security to establish a veterans visa 

program to permit veterans who have been removed from the United 

States to return as immigrants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2023 

Mr. GRIJALVA (for himself, Mr. MCGOVERN, Ms. NORTON, Ms. JACKSON

LEE, Ms. MOORE of Wisconsin, Ms. TITUS, Ms. SCHAKOWSKY, Ms. 

STRICKLAND, Mr. CARTER of Louisiana, Mr. MOULTON, Mr. FOSTER, 

Mrs. CHERFILUS-MCCORMICK, Mr. CORREA, Mr. GREEN of Texas, Mr. 

GARCI ́A of Illinois, Mr. VARGAS, Mr. GOMEZ, and Ms. LEE of California) 

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 require the Secretary of Homeland Security to establish 

a veterans visa program to permit veterans who have 

been removed from the United States to return as immigrants, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans Visa and Pro3 tection Act of 2023’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ARMED FORCES.—The term ‘‘Armed 

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

8 forces’’ in section 101 of title 10, United States 

9 Code. 

10 (2) CRIME OF VIOLENCE.—The term ‘‘crime of 

11 violence’’ means an offense defined in section 16(a) 

12 of title 18, United States Code— 

13 (A) that is not a purely political offense; 

14 and 

15 (B) for which a noncitizen has served a 

16 term of imprisonment of at least 5 years. 

17 (3) ELIGIBLE VETERAN.— 

18 (A) IN GENERAL.—The term ‘‘eligible vet19 eran’’ means a veteran who— 

20 (i) is a noncitizen; and 

21 (ii) meets the criteria described in sec22 tion 3(e). 

23 (B) INCLUSION.—The term ‘‘eligible vet24 eran’’ includes a veteran who— 

25 (i) was removed from the United 

26 States; or 


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1 (ii) is abroad and is inadmissible 

2 under section 212(a) of the Immigration 

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

4 (4) NONCITIZEN.—The term ‘‘noncitizen’’ 

5 means an individual who is not a citizen or national 

6 of the United States (as defined in section 101(a) of 

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

8 1101(a))). 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Homeland Security. 

11 (6) SERVICE MEMBER.—The term ‘‘service 

12 member’’ means an individual who is serving as a 

13 member of— 

14 (A) a regular or reserve component of the 

15 Armed Forces on active duty; or 

16 (B) a reserve component of the Armed 

17 Forces in an active status. 

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

19 meaning given the term in section 101 of title 38, 

20 United States Code. 

21 SEC. 3. RETURN OF ELIGIBLE VETERANS REMOVED FROM 

22 THE UNITED STATES; ADJUSTMENT OF STA23 TUS. 

24 (a) PROGRAM FOR ADMISSION AND ADJUSTMENT OF

25 STATUS.—Not later than 180 days after the date of the 


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1 enactment of this Act, the Secretary shall establish a pro2 gram and an application procedure that allows— 

3 (1) eligible veterans outside the United States 

4 to be admitted to the United States as noncitizens 

5 lawfully admitted for permanent residence (as de6 fined in section 101(a) of the Immigration and Na7 tionality Act (8 U.S.C. 1101(a)); and 

8 (2) eligible veterans in the United States to ad9 just status to that of noncitizens lawfully admitted 

10 for permanent residence. 

11 (b) VETERANS ORDERED REMOVED.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, in the 

14 case of noncitizen veterans who are the subjects of 

15 final orders of removal, including noncitizen veterans 

16 who are outside the United States, the Attorney 

17 General shall— 

18 (A) reopen the removal proceedings of each 

19 such noncitizen veteran; and 

20 (B) make a determination with respect to 

21 whether each such noncitizen veteran is an eli22 gible veteran. 

23 (2) RESCISSION OF REMOVAL ORDER.—In the 

24 case of a determination under paragraph (1)(B) that 


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1 a noncitizen veteran is an eligible veteran, the Attor2 ney General shall— 

3 (A) rescind the order of removal; 

4 (B) adjust the status of the eligible veteran 

5 to that of a noncitizen lawfully admitted for 

6 permanent residence; and 

7 (C) terminate removal proceedings. 

8 (c) VETERANS IN REMOVAL PROCEEDINGS.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, in the 

11 case of noncitizen veterans, the removal proceedings 

12 of whom are pending as of the date of the enactment 

13 of this Act, the Attorney General shall make a deter14 mination with respect to whether each such noncit15 izen veteran is an eligible veteran. 

16 (2) TERMINATION OF PROCEEDINGS.—In the 

17 case of a determination under paragraph (1) that a 

18 noncitizen veteran is an eligible veteran, the Attor19 ney General shall— 

20 (A) adjust the status of the eligible veteran 

21 to that of a noncitizen lawfully admitted for 

22 permanent residence; and 

23 (B) terminate removal proceedings. 

24 (d) NO NUMERICAL LIMITATIONS.—Nothing in this 

25 section or in any other law may be construed to apply a 


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1 numerical limitation on the number of veterans who may 

2 be eligible to receive a benefit under this section. 

3 (e) ELIGIBILITY.— 

4 (1) IN GENERAL.—Notwithstanding sections 

5 212 and 237 of the Immigration and Nationality Act 

6 (8 U.S.C. 1182 and 1227) or any other provision of 

7 law, a noncitizen veteran shall be eligible to partici8 pate in the program established under subsection (a) 

9 or for adjustment of status under subsection (b) or 

10 (c), as applicable, if the Secretary or the Attorney 

11 General, as applicable, determines that the noncit12 izen veteran— 

13 (A) was not removed or ordered removed 

14 from the United States based on a conviction 

15 for— 

16 (i) a crime of violence; or 

17 (ii) a crime that endangers the na18 tional security of the United States for 

19 which the noncitizen veteran has served a 

20 term of imprisonment of at least 5 years; 

21 and 

22 (B) is not inadmissible to, or deportable 

23 from, the United States based on a conviction 

24 for a crime described in subparagraph (A). 


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1 (2) WAIVER.—The Secretary may waive the ap2 plication of paragraph (1)— 

3 (A) for humanitarian purposes; 

4 (B) to ensure family unity; 

5 (C) based on exceptional service in the 

6 Armed Forces; or 

7 (D) if a waiver otherwise is in the public 

8 interest. 

9 SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS 

10 FROM REMOVAL. 

11 Notwithstanding section 237 of the Immigration and 

12 Nationality Act (8 U.S.C. 1227) or any other provision 

13 of law, a noncitizen who is a veteran or service member 

14 may not be removed from the United States unless the 

15 noncitizen has been convicted for a crime of violence. 

16 SEC. 5. NATURALIZATION THROUGH SERVICE IN THE 

17 ARMED FORCES. 

18 (a) IN GENERAL.—Subject to subsection (b), a non19 citizen who has obtained the status of a noncitizen lawfully 

20 admitted for permanent residence pursuant to section 3 

21 shall be eligible for naturalization through service in the 

22 Armed Forces under sections 328 and 329 of the Immi23 gration and Nationality Act (8 U.S.C. 1439 and 1440). 

24 (b) SPECIAL RULES.— 


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1 (1) GOOD MORAL CHARACTER.—In determining 

2 whether a noncitizen described in subsection (a) is 

3 a person of good moral character, the Secretary 

4 shall disregard the one or more grounds on which 

5 the noncitizen was— 

6 (A) removed or ordered removed from the 

7 United States; or 

8 (B) rendered inadmissible to, or deportable 

9 from, the United States. 

10 (2) PERIODS OF ABSENCE.—The Secretary 

11 shall disregard any period of absence from the 

12 United States of a noncitizen described in subsection 

13 (a) due to the noncitizen having been removed from, 

14 or being inadmissible to, the United States if the 

15 noncitizen satisfies the applicable requirement relat16 ing to continuous residence or physical presence. 

17 SEC. 6. ACCESS TO MILITARY BENEFITS. 

18 A noncitizen who has obtained the status of a noncit19 izen lawfully admitted for permanent residence pursuant 

20 to section 3 shall be eligible for all military and veterans 

21 benefits for which the noncitizen would have been eligible 

22 had the noncitizen not been ordered removed from the 

23 United States, voluntarily departed the United States, or 

24 rendered inadmissible to, or deportable from, the United 

25 States, as applicable. 


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1 SEC. 7. IMPLEMENTATION. 

2 (a) IDENTIFICATION.—The Secretary shall identify 

3 noncitizen service members and veterans at risk of re4 moval from the United States by— 

5 (1) before initiating a removal proceeding 

6 against a noncitizen, asking the noncitizen whether 

7 he or she is serving, or has served as a member of— 

8 (A) a regular or reserve component of the 

9 Armed Forces on active duty; or 

10 (B) a reserve component of the Armed 

11 Forces in an active status; 

12 (2) requiring U.S. Immigration and Customs 

13 Enforcement personnel to seek supervisory approval 

14 before initiating a removal proceeding against a 

15 service member or veteran; and 

16 (3) keeping records of any service member or 

17 veteran who has been— 

18 (A) the subject of a removal proceeding; 

19 (B) detained by the Director of U.S. Immi20 gration and Customs Enforcement; or 

21 (C) removed from the United States. 

22 (b) RECORD ANNOTATION.— 

23 (1) IN GENERAL.—In the case of a noncitizen 

24 service member or veteran identified under sub25 section (a), the Secretary shall annotate all immigraVerDate Sep 11 2014 01:59 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6381.IH H6381

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1 tion and naturalization records of the Department of 

2 Homeland Security relating to the noncitizen— 

3 (A) to reflect that the noncitizen is a serv4 ice member or veteran; and 

5 (B) to afford an opportunity to track the 

6 outcomes for the noncitizen. 

7 (2) CONTENTS OF ANNOTATION.—Each annota8 tion under paragraph (1) shall include— 

9 (A) the branch of military service in which 

10 the noncitizen is serving, or has served; 

11 (B) whether the noncitizen is serving, or 

12 has served, during a period of military hos13 tilities described in section 329 of the Immigra14 tion and Nationality Act (8 U.S.C. 1440); 

15 (C) the immigration status of the noncit16 izen on the date of enlistment; 

17 (D) whether the noncitizen is serving hon18 orably or was separated under honorable condi19 tions; 

20 (E) the ground on which removal of the 

21 noncitizen from the United States was sought; 

22 and 

23 (F) in the case of a noncitizen the removal 

24 proceedings of whom were initiated on the basis 


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1 of a criminal conviction, the crime for which the 

2 noncitizen was convicted. 

3 SEC. 8. REGULATIONS. 

4 Not later than 90 days after the date of the enact5 ment of this Act, the Secretary shall promulgate regula6 tions to implement this Act. 

Æ 


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