I 

113TH CONGRESS 

1ST SESSION H. R. 435 

To amend title 10, United States Code, to authorize the enlistment in the 

Armed Forces of additional persons who are residing in the United 

States and to lawfully admit for permanent residence certain enlistees 

who are not citizens or other nationals of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2013 

Mr. COFFMAN introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, 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 amend title 10, United States Code, to authorize the 

enlistment in the Armed Forces of additional persons 

who are residing in the United States and to lawfully 

admit for permanent residence certain enlistees who are 

not citizens or other nationals of the United States. 

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 ‘‘Military Enlistment 

5 Opportunity Act of 2013’’. 


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1 SEC. 2. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED 

2 FORCES. 

3 (a) ADDITIONAL QUALIFIED PERSONS.—Paragraph 

4 (1) of subsection (b) of section 504 of title 10, United 

5 States Code, is amended— 

6 (1) by redesignating subparagraph (C) as sub7 paragraph (E); and 

8 (2) by inserting after subparagraph (B) the fol9 lowing new subparagraphs: 

10 ‘‘(C) A person who, at the time of enlist11 ment in an armed force, has resided continu12 ously in a lawful status in the United States for 

13 at least two years. 

14 ‘‘(D) A person who, at the time of enlist15 ment in an armed force, possesses an employ16 ment authorization document issued by United 

17 States Citizenship and Immigration Services 

18 under the requirements of the Department of 

19 Homeland Security policy entitled ‘Deferred Ac20 tion for Childhood Arrivals’ (DACA).’’. 

21 (b) ADMISSION TO PERMANENT RESIDENCE OF CER22 TAIN ENLISTEES.—Such section is further amended by 

23 adding at the end the following new subsection: 

24 ‘‘(c) ADMISSION TO PERMANENT RESIDENCE OF

25 CERTAIN ENLISTEES.—(1) A person described in sub26 section (b) who, at the time of enlistment in an armed 


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1 force, is not a citizen or other national of the United 

2 States or lawfully admitted for permanent residence shall 

3 be adjusted to the status of an alien lawfully admitted for 

4 permanent residence under the provisions of section 249 

5 of the Immigration and Nationality Act (8 U.S.C. 1259), 

6 except that the alien need not— 

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

8 United States prior to January 1, 1972; and 

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

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

11 ‘‘(2) The Secretary of Homeland Security shall re12 scind the lawful permanent resident status of a person 

13 whose status was adjusted under paragraph (1) if the per14 son is separated from the armed forces under other than 

15 honorable conditions before the person served for a period 

16 or periods aggregating five years. Such grounds for rescis17 sion are in addition to any other provided by law. The 

18 fact that the person was separated from the armed forces 

19 under other than honorable conditions shall be proved by 

20 a duly authenticated certification from the armed force in 

21 which the person last served. The service of the person 

22 in the armed forces shall be proved by duly authenticated 

23 copies of the service records of the person. 

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

25 alter the process prescribed by sections 328, 329, and 


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1 329A of the Immigration and Nationality Act (8 U.S.C. 

2 1439, 1440, 1440–1) by which a person may naturalize 

3 through service in the armed forces.’’. 

4 (c) CLERICAL AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading of such 

6 section is amended to read as follows: 

7 ‘‘§ 504. Persons not qualified; citizenship or residency 

8 requirements; exceptions’’. 

9 (2) TABLE OF SECTIONS.—The table of sections 

10 at the beginning of chapter 31 of such title is 

11 amended by striking the item relating to section 504 

12 and inserting the following new item: 

‘‘504. Persons not qualified; citizenship or residency requirements; exceptions.’’. 

Æ 


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