I 
116TH CONGRESS 
1ST SESSION H. R. 5151 
To establish a military family immigration advisory committee, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2019 
Mr. TAKANO introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Veterans’ 
Affairs, and Armed Services, 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 establish a military family immigration advisory 
committee, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Honoring the Oath 
Act of 2019’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) military service to the United States is a 
sacrifice that demonstrates loyalty to the Nation; 
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(2) a noncitizen who takes an oath of enlist-
ment or an oath of office to join the United States 
Armed Forces—promising to support and defend the 
Constitution of the United States against all en-
emies, foreign and domestic—deserves facilitated ac-
cess to naturalization; 
(3) such noncitizen and his or her family mem-
bers deserve consideration for the exercise of pros-
ecutorial discretion in immigration removal pro-
ceedings; and 
(4) a noncitizen veteran who is deported after 
consideration under this Act should be provided the 
same veterans’ benefits to which a similarly situated 
United States citizen veteran would be entitled. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Military Family Immi-
gration Advisory Committee established pursuant to 
section 5. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services of 
the Senate; 
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(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Committee on the Judiciary of the 
Senate; 
(D) the Committee on Veterans’ Affairs of 
the Senate; 
(E) the Committee on Armed Services of 
the House of Representatives; 
(F) the Committee on Homeland Security 
of the House of Representatives; 
(G) the Committee on the Judiciary of the 
House of Representatives; and 
(H) the Committee on Veterans’ Affairs of 
the House of Representatives. 
(3) 
ARMED
FORCES.—The 
term 
‘‘Armed 
Forces’’ has the meaning given that term in section 
101 of title 10, United States Code. 
(4) COVERED
FAMILY
MEMBER.—The term 
‘‘covered family member’’ means the noncitizen 
spouse or noncitizen minor child of— 
(A) a member of the Armed Forces serving 
on active duty or in a reserve component; or 
(B) a veteran, as defined in paragraph (4). 
(5) 
NONCITIZEN.—The 
term 
‘‘noncitizen’’ 
means an individual who is not a national of the 
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United States (as defined in section 101(a)(22) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(22))). 
(6) VETERAN.—The term ‘‘veteran’’ has the 
meaning given that term in section 101 of title 38, 
United States Code. 
SEC. 4. IDENTIFICATION OF MEMBERS OF THE ARMED 
FORCES, VETERANS, AND COVERED FAMILY 
MEMBERS IN REMOVAL PROCEEDINGS. 
(a) IN GENERAL.—Not later than the time of the 
Master Calendar Hearing for any individual in removal 
proceedings, the Director of U.S. Immigration and Cus-
toms Enforcement shall identify whether the individual 
is— 
(1) a member of the Armed Forces serving on 
active duty or in a reserve component; 
(2) a veteran; or 
(3) a covered family member. 
(b) TRANSFER OF CASE FILES.—The Director of 
U.S. Immigration and Customs Enforcement shall trans-
fer a copy of the complete case file of any individual identi-
fied under subsection (a), immediately after such identi-
fication, to the Advisory Committee. 
(c) LIMITATION ON REMOVAL.—Notwithstanding any 
other provision of law, an individual described in sub-
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section (a) may not be removed until the Military Family 
Immigration Advisory Committee has provided rec-
ommendations with respect to that individual to the Sec-
retary of Homeland Security and the Attorney General 
under section 5. 
SEC. 5. MILITARY FAMILY IMMIGRATION ADVISORY COM-
MITTEE. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security, in consultation with the Secretary of Defense 
and in cooperation with the Secretary of the Army, the 
Secretary of the Navy, the Secretary of the Air Force, and 
the Commandant of the Coast Guard, shall establish an 
advisory committee, to be known as the ‘‘Military Family 
Immigration Advisory Committee’’, to provide rec-
ommendations to the Secretary of Homeland Security and 
the Attorney General on the exercise of prosecutorial dis-
cretion in cases involving removal proceedings of individ-
uals described in section 4(a). 
(b) MEMBERSHIP.—The Advisory Committee shall be 
composed of— 
(1) the Deputy Commanding General of Army 
Human Resources Command, or designee; 
(2) the Judge Advocate of the Army, or des-
ignee; 
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(3) the Deputy Commander of Navy Personnel 
Command, or designee; 
(4) the Judge Advocate of the Navy, or des-
ignee; 
(5) the Vice Chief of Staff of the Air Force; 
(6) the Judge Advocate of the Air Force, or 
designee; 
(7) the Deputy Commandant for Mission Sup-
port of the Coast Guard; 
(8) the Judge Advocate of the Coast Guard, or 
designee; and 
(9) the Deputy Commandant of Manpower and 
Reserve Affairs of the Marine Corps, or designee. 
(c) CASE REVIEWS.— 
(1) IN GENERAL.—Not later than 30 days after 
the Director of U.S. Immigration and Customs En-
forcement notifies the Advisory Committee of the 
case of an individual described in section 4(a), the 
Advisory Committee shall meet to review the case 
and to provide a written recommendation to the Sec-
retary of Homeland Security on whether the indi-
vidual— 
(A) notwithstanding the grounds for re-
moval asserted by U.S. Immigration and Cus-
toms Enforcement, should be granted— 
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(i) a stay of removal and allowed to 
apply for asylum; 
(ii) deferred action; or 
(iii) parole; or 
(B) should be removed from the United 
States. 
(2) SUBMISSION
OF
INFORMATION.—An indi-
vidual who is the subject of a case review under 
paragraph (1) may submit information to the Advi-
sory Committee, and the Advisory Committee shall 
consider such information. 
(3) PROCEDURES.—In conducting each case re-
view under paragraph (1), the Advisory Committee 
shall consider, as factors weighing in favor of a rec-
ommendation under paragraph (1)(A)— 
(A) with respect to a member of the 
Armed Forces serving on active duty or in a re-
serve component, whether the individual— 
(i) took an oath of enlistment or an 
oath of office; 
(ii) received military decorations, cam-
paign medals, or service medals, was de-
ployed, or was otherwise evaluated for 
merit in service during his or her service in 
the Armed Forces; 
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(iii) is a national of a country that 
prohibits repatriation of an individual after 
any service in the Armed Forces; or 
(iv) contributed to his or her local 
community during his or her service in the 
Armed Forces; 
(B) with respect to a veteran, whether the 
individual— 
(i) took an oath of enlistment or an 
oath of office; 
(ii) completed a term of service in the 
Armed Forces and was discharged under 
conditions other than dishonorable; 
(iii) received military decorations, 
campaign medals, or service medals, was 
deployed, or was otherwise evaluated for 
merit in service during his or her service in 
the Armed Forces; 
(iv) is a national of a country that 
prohibits repatriation of an individual after 
any service in the Armed Forces; or 
(v) contributed to his or her local 
community during or after his or her serv-
ice in the Armed Forces; and 
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(C) with respect to a covered family mem-
ber, whether the individual— 
(i) supported a member of the Armed 
Forces serving on active duty or a veteran, 
including through financial support, emo-
tional support, or caregiving; or 
(ii) contributed to his or her local 
community during or after the military 
service of the member or of the veteran. 
(d) CONSULTATION WITH U.S. IMMIGRATION AND 
CUSTOMS ENFORCEMENT PRINCIPAL LEGAL ADVISOR.— 
The Principal Legal Advisor of U.S. Immigration and 
Customs Enforcement, or designee, shall consult with the 
Advisory Committee at the request of members of the Ad-
visory Committee. 
(e) BRIEFINGS ON UNSUITABILITY OF NONCITIZEN 
MEMBERS OF THE ARMED FORCES.—The Under Sec-
retary of Defense for Personnel and Readiness shall pro-
vide detailed briefings to the Advisory Committee regard-
ing the reasons for determining the unsuitability of noncit-
izen members of the Armed Forces whose cases are being 
considered by the Advisory Committee. 
(f) BRIEFINGS ON ACTIONS IN RESPONSE TO REC-
OMMENDATIONS.—Not less frequently than quarterly, the 
Secretary of Homeland Security shall provide detailed 
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briefings to the Advisory Committee regarding actions 
taken in response to the recommendations of the Advisory 
Committee, including detailed explanations for any cases 
in which a recommendation of the Advisory Committee 
was not followed. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 6. LIST OF COUNTRIES UNWILLING TO REPATRIATE 
UNITED STATES VETERANS. 
The Secretary of Homeland Security, in consultation 
with the Secretary of State, shall compile and annually 
update a list of countries that refuse to repatriate nation-
als of such country who have enlisted or been appointed 
in the United States Armed Forces. 
SEC. 7. PROGRAM OF CITIZENSHIP THROUGH MILITARY 
SERVICE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Director of U.S. Citizenship and 
Immigration Services, and the Secretary of Defense shall 
jointly carry out a program under which any individual 
noncitizen who serves on active duty in the Armed Forces, 
and the noncitizen spouse and any noncitizen minor child 
of such individual, shall be naturalized as a United States 
citizen if such individual, and such spouse or child, is not 
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otherwise ineligible for citizenship under the immigration 
laws (as that term is defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 
(b) JAG TRAINING.—The Secretary of Defense shall 
ensure that appropriate members of the judge advocate 
general corps of the Armed Forces shall receive training 
to function as liaisons with U.S. Citizenship and Immigra-
tion Services with respect to applications for citizenship 
of noncitizen members of the Armed Forces assigned to 
units in such areas. 
(c) TRAINING FOR RECRUITERS.—The Secretary of 
Defense shall ensure that all recruiters in the Armed 
Forces receive training regarding— 
(1) the steps required for a noncitizen member 
of the Armed Forces to receive citizenship; 
(2) limitations on the path to citizenship for 
family members of such individuals; and 
(3) points of contact at the Department of 
Homeland Security to resolve emergency immigra-
tion-related situations with respect to such individ-
uals and their family members. 
(d) APPLICATION FOR NATURALIZATION.— 
(1) BIOMETRICS.— 
(A) SUBMISSION OF BIOMETRIC INFORMA-
TION.—The Secretary of Defense shall ensure 
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that, at the time of accession into the Armed 
Forces, biometric information of an individual 
who has applied, or who plans to apply, for nat-
uralization is submitted to U.S. Citizenship and 
Immigration Services for the purposes of such 
application. 
(B) ACCEPTANCE OF BIOMETRIC INFORMA-
TION.—The Director of U.S. Citizenship and 
Immigration Services shall accept any biometric 
information submitted pursuant to subpara-
graph (A). 
(2) FILING OF APPLICATION.—The Secretary of 
Homeland Security, in coordination with the Sec-
retary of Defense, shall ensure that each noncitizen 
individual who accesses into the Armed Forces is 
permitted to file an application for naturalization as 
part of the accessions process. 
(3) ADJUDICATION OF APPLICATION.—The Sec-
retary of Homeland Security, in coordination with 
the Secretary of Defense, shall ensure that the appli-
cation for naturalization of any individual who ap-
plies for naturalization during the accessions process 
into the Armed Forces is adjudicated not later than 
the last day of active service of the individual in the 
Armed Forces. 
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(e) ANNUAL REPORTS.—The Secretary of each mili-
tary department shall annually submit to the appropriate 
congressional committees a report on the number of all 
noncitizens who enlisted or were appointed in their depart-
ment, all members of the Armed Forces in their depart-
ment who naturalized, and all members of the Armed 
Forces in their department who were discharged or re-
leased without United States citizenship under the juris-
diction of such Secretary during the preceding year. 
SEC. 8. STUDY AND REPORT ON NONCITIZEN VETERANS 
REMOVED FROM THE UNITED STATES. 
(a) STUDY REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of 
Defense, the Secretary of Homeland Security, and the 
Secretary of Veterans Affairs shall jointly carry out a 
study on noncitizen veterans of the Armed Forces who 
were removed from the United States during the period 
beginning on January 1, 1990, and ending on the date 
of the enactment of this Act, which shall include— 
(1) the number of noncitizens removed by U.S. 
Immigration and Customs Enforcement or the Im-
migration and Naturalization Service during the pe-
riod covered by the report who served on active duty 
in the Armed Forces or in a reserve component of 
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