Repatriate Our Patriots Act

To prohibit the removal from the United States of certain veterans, to expedite their naturalization, and for other purposes. 1. Short title This Act may be cited as the Repatriate Our Patriots Act 2. Definition In this Act, the term special veteran (1) only includes individuals who were discharged or released from the Armed Forces under honorable conditions; (2) does not include individuals who have been convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or any offense under chapter 113B (3) does not include individuals who have been determined to be a child abuser or a pedophile. 3. Protecting special veterans from removal Notwithstanding any other provision of law, including section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 4. Naturalization for special veterans (a) In general Notwithstanding any other provision of law, a special veteran shall be naturalized as a citizen of the United States upon the filing of the appropriate application, paying the appropriate fees, and, except as provided in subsection (b), taking and subscribing before an officer of the Department of Homeland Security within the United States to the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 (b) Special veterans abroad In the case of a special veteran residing abroad, the application for naturalization may be filed from abroad, and the oath of allegiance described in subsection (a) may be subscribed to abroad at United States embassies, consulates, and, as practicable, United States military installations overseas pursuant to the procedures available under section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 ( 8 U.S.C. 1443a (c) Waiver Consistent with section 337(a) of the Immigration and Nationality Act ( 8 U.S.C. 1448(a) 5. Treatment of special veterans in removal proceedings or ordered removed In the case of a special veteran in removal proceedings on the date of the enactment of this Act, the Secretary of Homeland Security shall cancel the removal of the special veteran. In the case of a special veteran who was ordered removed before the date of the enactment of this Act, the Attorney General shall rescind any outstanding order of removal, and any finding that the special veteran is subject to removal or is inadmissible. In the case of a special veteran physically present in the United States whose status as an alien lawfully admitted for permanent residence was rescinded before the date of the enactment of this Act, the Secretary of Homeland Security shall allow the veteran to adjust status to that of an alien lawfully admitted for permanent residence without regard to any numerical limitation in the Immigration and Nationality Act ( 8 U.S.C. 1101 6. Return of special veterans removed from the United States Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program and application procedure to permit special veterans removed from the United States before the date of the enactment of this Act to enter the United States as an alien lawfully admitted for permanent residence without regard to any numerical limitation in the Immigration and Nationality Act ( 8 U.S.C. 1101 7. Access to military benefits A special veteran who has been naturalized or has obtained the status of an alien lawfully admitted for permanent residence pursuant to this Act shall be eligible for all military and veterans benefits for which the special veteran would have been eligible if the special veteran had never been ordered removed, been removed, or voluntarily departed, from the United States. 8. Identification of special veterans (a) Identification The Secretary of Homeland Security shall identify immigration cases involving special veterans by— (1) inquiring of every alien processed prior to initiating removal proceedings whether the alien is a special veteran; and (2) keeping records of special veterans who have been detained under the immigration laws, had removal proceedings against them initiated before the date of the enactment of this Act, or been removed before such date. (b) Record annotation When the Secretary has identified a case under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the special veteran involved so as to reflect that identification and afford an opportunity to track the outcomes for the veteran. Such annotation shall include— (1) the veteran’s branch of military service; (2) whether or not the veteran served during a period of military hostilities described in section 329 of the Immigration and Nationality Act ( 8 U.S.C. 1440 (3) the veteran’s immigration status at the time of enlistment.

Summary: Repatriate Our Patriots Act This bill protects certain veterans of the Armed Forces from removal from the United States, and provides such veterans with an expedited procedure for naturalization. The bill applies to "special veterans," defined as persons who served in the active Armed Forces, who were (1) honorably discharged or released; (2) not convicted of various crimes, including voluntary manslaughter, murder, rape, or terrorism; and (3) not a child abuser or pedophile. Special veterans shall not be removed from the United States, and the Department of Homeland Security (DHS) shall cancel any pending removal proceedings or orders against any such veterans. DHS shall establish a program to permit such veterans who were already removed from the United States to return to as an alien with permanent residence status. Such veterans shall be entitled to all of the military benefits that they would be entitled to if they had never been removed from the United States. Special veterans shall be naturalized upon filing an application, paying the relevant fees, and taking an oath of allegiance. DHS shall take steps to ensure such naturalization applications are pending for no longer than 90 days.