I 

116TH CONGRESS 

1ST SESSION H. R. 2346 

To amend the Immigration and Nationality Act to protect the well-being 

of soldiers and their families, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2019 

Mr. THOMPSON of California introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to protect 

the well-being of soldiers and their families, 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 ‘‘Support and Defend 

5 Our Military Personnel and Their Families Act’’. 

6 SEC. 2. FACILITATING NATURALIZATION FOR MILITARY 

7 PERSONNEL. 

8 (a) IN GENERAL.—Any person who has served honor9 ably as a member of the Armed Forces of the United 

10 States in support of a contingency operation (as defined 


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1 in section 101(a)(13) of title 10, United States Code), and 

2 who, if separated from the Armed Forces, was separated 

3 under honorable conditions, may be naturalized as pro4 vided in section 329 of the Immigration and Nationality 

5 Act (8 U.S.C. 1440) as though the person had served dur6 ing a period designated by the President under such sec7 tion. 

8 (b) NATURALIZATION THROUGH SERVICE IN THE

9 ARMED FORCES OF THE UNITED STATES.—Section 328 

10 of the Immigration and Nationality Act (8 U.S.C. 1439) 

11 is amended— 

12 (1) in subsection (a), by striking ‘‘six months’’ 

13 and inserting ‘‘one year’’; and 

14 (2) in subsection (d), by striking ‘‘six months’’ 

15 and inserting ‘‘one year’’. 

16 SEC. 3. TIMELY REUNIFICATION OF MILITARY PERSONNEL 

17 AND THEIR NUCLEAR FAMILIES. 

18 Section 201(b)(1) of the Immigration and Nationality 

19 Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 

20 end the following: 

21 ‘‘(F) Aliens who are eligible for an immigrant 

22 visa under paragraph (2) of section 203(a) and are 

23 the spouse, child, son, or daughter of an alien who 

24 is serving in the Armed Forces of the United 

25 States.’’. 


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1 SEC. 4. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF AC2 TIVE DUTY PERSONNEL. 

3 Section 245 of the Immigration and Nationality Act 

4 (8 U.S.C. 1255) is amended by adding at the end the fol5 lowing: 

6 ‘‘(n) RELIEF FOR IMMEDIATE FAMILY MEMBERS OF

7 ACTIVE DUTY PERSONNEL.— 

8 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

9 Security may adjust the status of an alien described 

10 in paragraph (2) to that of an alien lawfully admit11 ted for permanent residence if— 

12 ‘‘(A) the alien makes an application for 

13 such adjustment, and is physically present in 

14 the United States on the date the application is 

15 filed; 

16 ‘‘(B) the alien is eligible to receive an im17 migrant visa and is admissible under section 

18 212(a) (except that paragraphs (4), (6)(A), 

19 (7)(A), and (9)(B) of such section shall not 

20 apply for purposes of this subsection); 

21 ‘‘(C) an immigrant visa is immediately 

22 available to the alien at the time the application 

23 is filed; and 

24 ‘‘(D) the alien pays a fee, as determined by 

25 the Secretary, for the processing of such appli26 cation. 


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1 ‘‘(2) ELIGIBLE ALIENS.— 

2 ‘‘(A) IN GENERAL.—The benefits provided 

3 in paragraph (1) shall apply only to an alien 

4 who is a parent, spouse, child, son, daughter, or 

5 minor sibling of an eligible member of the 

6 Armed Forces. 

7 ‘‘(B) POSTHUMOUS BENEFITS.—An alien 

8 described in subparagraph (A) shall continue to 

9 be eligible for adjustment under this subsection 

10 for 2 years after the death of an eligible mem11 ber of the Armed Forces whose death was the 

12 result of injury or disease incurred in or aggra13 vated by his or her service in the Armed Forces 

14 or, if such death occurred prior to the date of 

15 enactment of this paragraph, for 2 years after 

16 such date of enactment. 

17 ‘‘(3) ELIGIBLE MEMBERS OF THE ARMED

18 FORCES.—In this subsection, ‘eligible member of the 

19 Armed Forces’ means any person who— 

20 ‘‘(A) has served honorably in an active 

21 duty status in the Armed Forces of the United 

22 States; and 

23 ‘‘(B) if separated from the service de24 scribed in subparagraph (A), was separated 

25 under honorable conditions.’’. 


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1 SEC. 5. FACTORS TO CONSIDER IN INITIATING REMOVAL 

2 PROCEEDINGS AGAINST ACTIVE DUTY MILI3 TARY PERSONNEL AND VETERANS. 

4 Section 239 of the Immigration and Nationality Act 

5 (8 U.S.C. 1229) is amended by adding at the end the fol6 lowing: 

7 ‘‘(f) CONSIDERATIONS FOR ACTIVE DUTY MILITARY

8 PERSONNEL AND VETERANS.— 

9 ‘‘(1) IN GENERAL.—A notice to appear shall 

10 not be issued against an alien who has served honor11 ably at any time in the Armed Forces of the United 

12 States, and who, if separated from the Armed 

13 Forces, separated under honorable conditions, with14 out prior approval from the Secretary of Homeland 

15 Security. 

16 ‘‘(2) FACTORS.—In determining whether to 

17 issue a notice to appear against such an alien, the 

18 Secretary shall consider the alien’s eligibility for nat19 uralization under section 328 or 329, as well as the 

20 alien’s record of military service, grounds of deport21 ability applicable to the alien, and any hardship to 

22 the Armed Forces, the alien, and his or her family 

23 if the alien were to be placed in removal proceedings. 

24 ‘‘(3) PROHIBITION.—An alien who has served 

25 honorably in the Armed Forces of the United States, 

26 and who, if separated from the Armed Forces, sepaVerDate Sep 11 2014 23:38 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.IH H2346

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1 rated under honorable conditions, shall not be re2 moved from the United States under subparagraph 

3 (A)(i) or (B)(iii) of section 235(b)(1), section 238, 

4 or section 241(a)(5).’’. 

Æ 


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