I 
116TH CONGRESS 
1ST SESSION H. R. 4890 
To provide benefits for noncitizen members of the Armed Forces, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2019 
Mr. TAKANO (for himself, Mr. VARGAS, and Mr. GRIJALVA) introduced the fol-
lowing bill; which was referred to the Committee 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 provide benefits for noncitizen members of the Armed 
Forces, 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 ‘‘Veteran Deportation 
Prevention and Reform Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) military service to the United States is a 
sacrifice that demonstrates loyalty to the Nation; 
(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. 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— 
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(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-
section (a) may not be removed until the Military Family 
Immigration Advisory Committee established under sec-
tion 7 has provided recommendations with respect to that 
individual to the Secretary of Homeland Security and the 
Attorney General under section 7. 
SEC. 4. 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 
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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 
the Armed Forces for a period of more than 180 
days; 
(2) for each noncitizen described in paragraph 
(1)— 
(A) the country of origin of the noncitizen; 
(B) the length of time the noncitizen 
served as a member of the Armed Forces; 
(C) the grounds for removal under section 
237(a) of the Immigration and Nationality Act 
(8 U.S.C. 1227) or section 212(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1182), as 
applicable; and 
(D) whether the noncitizen appealed the 
removal order; 
(3) the number of noncitizens described in 
paragraph (1) who— 
(A) were discharged or released from serv-
ice under honorable conditions; 
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(B) were deployed overseas; 
(C) served on active duty in the Armed 
Forces in an overseas contingency operation; 
(D) were awarded military decorations, 
campaign medals, or service medals; 
(E) applied for benefits under laws admin-
istered by the Secretary of Veterans Affairs; or 
(F) are receiving benefits described in sub-
paragraph (E); and 
(4) a description of the reasons preventing any 
of the noncitizens who applied for benefits described 
in paragraph (3)(E) from receiving such benefits. 
(b) REPORT.—Not later than 90 days after the date 
of the completion of the study required under subsection 
(a), the Secretary of Defense, the Secretary of Homeland 
Security, and the Secretary of Veterans Affairs shall joint-
ly submit a report containing the results of such study 
to the appropriate congressional committees. 
SEC. 5. INFORMATION REGARDING VETERANS SUBJECT TO 
REMOVAL PROCEEDINGS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall create a system to maintain informa-
tion, that is shared across the Department of Homeland 
Security (including Enforcement and Removal Operations, 
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the Office of the Principal Legal Advisor, and Homeland 
Security Investigations), on potentially removable noncit-
izen veterans (including the names and last known ad-
dresses of such individuals) and removal proceedings with 
respect to any such individual, for the purpose of ensuring 
that service in the Armed Forces of any such individual 
is taken into consideration during any adjudication under 
the immigration laws with respect to such individual, 
which information shall include— 
(1) information collected pursuant to the pro-
tocol established under section 6(a); and 
(2) information provided by the Secretary of 
Defense under subsection (b). 
(b) PROVISION OF INFORMATION BY DEPARTMENT 
OF DEFENSE.—Not later than 30 days after a noncitizen 
veteran is honorably discharged from the Armed Forces, 
the Secretary of Defense shall provide to the Secretary 
of Homeland Security a copy of the Certificate of Release 
of Discharge from Active Duty form, for inclusion in the 
system established under subsection (a). 
SEC. 6. PROTOCOL FOR IDENTIFYING NONCITIZEN VET-
ERANS. 
(a) IN GENERAL.—Not later than the last of the first 
fiscal year that begins after the date of the enactment of 
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this Act, the Secretary of Homeland Security shall estab-
lish— 
(1) a protocol (to be known as the ‘‘Immigrant 
Veterans Eligibility Tracking System’’ or ‘‘I– 
VETS’’) for identifying noncitizens who are or may 
be veterans, and for collecting and maintaining data 
with respect to such who are in removal proceedings, 
or who have been removed, for use by personnel of 
U.S. Immigration and Customs Enforcement; 
(2) best practices with respect to addressing 
issues related to the removal of any such noncitizen; 
and 
(3) an annual training program for personnel of 
U.S. Immigration and Customs Enforcement with 
respect to the protocol and best practices established 
under paragraphs (1) and (2). 
(b) TRAINING.—Beginning in the first fiscal year 
that begins after the Secretary of Homeland Security com-
pletes the requirements under subsection (a), personnel of 
U.S. Immigration and Customs enforcement shall partici-
pate, on an annual basis, in a training on the protocol 
and best practices developed under subsection (a). 
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SEC. 7. 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 3(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; 
(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; 
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(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 3(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— 
(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. 
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(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; 
(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; 
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(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 
(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 
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(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 
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. 
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(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 8. 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. 9. 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, sub-
mits an application for naturalization and is not otherwise 
ineligible for citizenship under the immigration laws (as 
that term is defined in section 101(a)(17) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(17)). 
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(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 
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-
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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. 
(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 
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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. 10. INFORMATION FOR MILITARY RECRUITS REGARD-
ING NATURALIZATION THROUGH SERVICE IN 
THE ARMED FORCES. 
The Secretary of Defense, in coordination with the 
Secretary of Homeland Security, shall ensure that there 
is stationed or employed at each Military Entrance Proc-
essing Station— 
(1) an employee of U.S. Citizenship and Immi-
gration Services; or 
(2) in the case that the Secretary determines 
that it is impracticable station or employ a person 
described in paragraph (1) at a Military Entrance 
Processing Station, a member of the Armed Forces 
or employee of the Department of Defense— 
(A) whom the Secretary determines is 
trained in the immigration laws; and 
(B) who shall inform each military recruit 
who is not a citizen of the United States proc-
essed at such Military Entrance Processing Sta-
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tion regarding naturalization through service in 
the Armed Forces under sections 328 and 329 
of the Immigration and Nationality Act (8 
U.S.C. 1439–1440). 
SEC. 11. RETURN OF ELIGIBLE VETERANS REMOVED FROM 
THE UNITED STATES; ADJUSTMENT OF STA-
TUS. 
(a) PROGRAM FOR ADMISSION AND ADJUSTMENT OF 
STATUS.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security 
shall establish a program and an application procedure 
that allows— 
(1) eligible veterans outside the United States 
to be admitted to the United States as noncitizens 
lawfully admitted for permanent residence (as de-
fined in section 101(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)); and 
(2) eligible veterans in the United States to ad-
just status to that of noncitizens lawfully admitted 
for permanent residence. 
(b) VETERANS ORDERED REMOVED.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, in the 
case of noncitizen veterans who are the subjects of 
final orders of removal, including noncitizen veterans 
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(2) TERMINATION
OF
PROCEEDINGS.—In the 
case of a determination under paragraph (1) that a 
noncitizen veteran is an eligible veteran, the Attor-
ney General shall— 
(A) adjust the status of the eligible veteran 
to that of a noncitizen lawfully admitted for 
permanent residence; and 
(B) terminate removal proceedings. 
(d) NO NUMERICAL LIMITATIONS.—Nothing in this 
section or in any other law may be construed to apply a 
numerical limitation on the number of veterans who may 
be eligible to receive a benefit under this section. 
(e) ELIGIBILITY.— 
(1) IN
GENERAL.—Notwithstanding sections 
212 and 237 of the Immigration and Nationality Act 
(8 U.S.C. 1182 and 1227) or any other provision of 
law, a noncitizen veteran shall be eligible to partici-
pate in the program established under subsection (a) 
or for adjustment of status under subsections (b) or 
(c), as applicable, if the Secretary or the Attorney 
General, as applicable, determines that the noncit-
izen veteran— 
(A) was not removed or ordered removed 
from the United States based on a conviction 
for— 
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(i) a crime of violence; or 
(ii) a crime that endangers the na-
tional security of the United States for 
which the noncitizen veteran has served a 
term of imprisonment of at least 5 years; 
and 
(B) is not inadmissible to, or deportable 
from, the United States based on a conviction 
for a crime described in subparagraph (A). 
(2) WAIVER.—The Secretary may waive the ap-
plication of paragraph (1)— 
(A) for humanitarian purposes; 
(B) to ensure family unity; 
(C) based on exceptional service in the 
Armed Forces; or 
(D) if a waiver otherwise is in the public 
interest. 
(f) DEFINITIONS.—In this section: 
(1) CRIME OF VIOLENCE.—The term ‘‘crime of 
violence’’ means an offense defined in section 16(a) 
of title 18, United States Code— 
(A) that is not a purely political offense; 
and 
(B) for which a noncitizen has served a 
term of imprisonment of at least 5 years. 
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(2) ELIGIBLE VETERAN.— 
(A) IN GENERAL.—The term ‘‘eligible vet-
eran’’ means a veteran who— 
(i) is a noncitizen; and 
(ii) meets the criteria described in 
subsection (e). 
(B) INCLUSION.—The term ‘‘eligible vet-
eran’’ includes a veteran who— 
(i) was removed from the United 
States; or 
(ii) is abroad and is inadmissible 
under section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)). 
SEC. 12. ESTABLISHING GOOD MORAL CHARACTER OF AP-
PLICANTS FOR CITIZENSHIP WHO SERVED 
HONORABLY IN THE ARMED FORCES OF THE 
UNITED STATES. 
Section 328(e) of the Immigration and Nationality 
Act is amended by adding at the end the following: ‘‘Not-
withstanding section 101(f), a finding that an applicant 
under this section is described in any of paragraphs (1) 
through (9) of section 101(f) (except in the case of an 
applicant who is described in any such paragraph because 
of having been convicted of an aggravated felony described 
in subparagraph (A), (I), (K), or (L) of section 
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101(a)(43)) shall not preclude a finding that the applicant 
is of good moral character.’’. 
SEC. 13. DEFINITIONS. 
In this Act: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Military Family Immi-
gration Advisory Committee established pursuant to 
section 7. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services of 
the Senate; 
(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 
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(H) the Committee on Veterans’ Affairs of 
the House of Representatives. 
(3) 
ARMED
FORCES.—The 
term 
‘‘Armed 
Forces’’ has the meaning given the term ‘‘armed 
forces’’ in section 101(a)(4) of title 10, United 
States Code, and includes the reserve components of 
the Armed Forces. 
(4) VETERAN.—The term ‘‘veteran’’ means a 
person who served as a member of the Armed 
Forces on active duty or in a reserve component and 
who was discharged or released therefrom under 
conditions other than dishonorable. 
(5) 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). 
(6) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given that term in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101). 
(7) 
NONCITIZEN.—The 
term 
‘‘noncitizen’’ 
means an individual who is not a citizen or national 
of the United States (as defined in section 101(a) of 
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the Immigration and Nationality Act (8 U.S.C. 
1101(a))). 
Æ 
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