I 

116TH CONGRESS 

1ST SESSION H. R. 3400 

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 21, 2019 

Mr. HARDER of California (for himself, Mr. DIAZ-BALART, Mrs. RADEWAGEN, 

Mr. STEWART, Mr. DEFAZIO, Mrs. TORRES of California, Mr. SOTO, Mr. 

TED LIEU of California, Mr. BISHOP of Georgia, Mr. KRISHNAMOORTHI, 

Ms. FRANKEL, Mr. ENGEL, Mrs. DAVIS of California, Mr. CONNOLLY, 

Mrs. DINGELL, Mr. COSTA, Ms. BLUNT ROCHESTER, Mr. LIPINSKI, and 

Mr. BERA) 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. 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 3400 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 the ‘‘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.—Section 504(b)(1) of title 10, United States Code, 

15 is amended by adding at the end the following new sub16 paragraph: 

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

18 in the United States on December 31, 2012, 

19 who has been continuously present in the 

20 United States since that date, who was younger 

21 than 15 years of age on the date the alien ini22 tially entered the United States, and who, dis23 regarding such unlawful status, is otherwise eli24 gible for original enlistment in a regular compo25 nent of the Army, Navy, Air Force, Marine 


pbinns on DSK79D2C42PROD with BILLS
3 

•HR 3400 IH

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

2 this title and regulations issued to implement 

3 such section.’’. 

4 (b) CONDITIONAL ADMISSION TO PERMANENT RESI5 DENCE OF ALIEN ENLISTEES.—Section 504 of title 10, 

6 United States Code, is further amended by adding at the 

7 end the following new subsection: 

8 ‘‘(c) CONDITIONAL ADMISSION TO PERMANENT RES9 IDENCE OF ALIEN ENLISTEES.—(1) The Secretary of 

10 Homeland Security shall adjust the status of an alien de11 scribed in subsection (b)(1)(D) who enlists in a regular 

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

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

14 for permanent residence under the provisions of section 

15 249 of the Immigration and Nationality Act (8 U.S.C. 

16 1259), except that the alien does not have to— 

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

18 United States prior to January 1, 1972; or 

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

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

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

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

23 component of the Armed Forces and whose status was ad24 justed under paragraph (1) is automatically rescinded, by 

25 operation of law, if the alien is separated from the Armed 


pbinns on DSK79D2C42PROD with BILLS
4 

•HR 3400 IH

1 Forces under other than honorable conditions before the 

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

3 grounds for rescission are in addition to any other grounds 

4 for rescission provided by law. Proof of separation from 

5 the Armed Forces under other than honorable conditions 

6 shall be established by a duly authenticated certification 

7 from the Armed Force in which the alien last served. 

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

9 alter— 

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

11 329, and 329A of the Immigration and Nationality 

12 Act (8 U.S.C. 1439, 1440, 1440–1) by which a per13 son may naturalize through service in the Armed 

14 Forces; or 

15 ‘‘(B) the qualifications for original enlistment 

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

17 this title and regulations issued to implement such 

18 section.’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS