I 
114TH CONGRESS 
2D SESSION 
H. R. 5695 
To require the Secretary of Homeland Security to establish a veterans visa 
program to permit veterans who have been removed from the United 
States to return as immigrants, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 8, 2016 
Mr. GRIJALVA (for himself, Mr. VELA, Mr. GENE GREEN of Texas, Mr. 
VARGAS, Mr. HINOJOSA, Mr. HONDA, Mr. MCGOVERN, Mrs. WATSON 
COLEMAN, Mrs. NAPOLITANO, Mr. CONYERS, Ms. JUDY CHU of Cali-
fornia, Mr. TAKANO, Mr. JOHNSON of Georgia, Mr. CA´RDENAS, Mr. 
MOULTON, Mr. GUTIE´RREZ, Mr. GALLEGO, and Mr. TED LIEU of Cali-
fornia) introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Armed Services, 
and Veterans’ Affairs, 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 require the Secretary of Homeland Security to establish 
a veterans visa program to permit veterans who have 
been removed from the United States to return as immi-
grants, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘The Veterans Visa and 
Protection Act of 2016’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘crime of violence’’ means an of-
fense defined in section 16 of title 18, United States 
Code, excluding a purely political offense, for which 
the noncitizen has served a term of imprisonment of 
at least 5 years. 
(2) The term ‘‘deported veteran’’ means a vet-
eran who is a noncitizen and who— 
(A) was removed from the United States; 
or 
(B) is abroad and is inadmissible under 
section 212(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)). 
(3) The term ‘‘noncitizen’’ means an individual 
who is not a national of the United States (as de-
fined in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22))). 
(4) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(5) The term ‘‘service member’’ means an indi-
vidual who is serving as a member of a regular or 
reserve component of the Armed Forces of the 
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United States on active duty or as a member of a 
reserve component of the Armed Forces in an active 
status. 
(6) The term ‘‘veteran’’ has the meaning given 
such term under section 101(2) of title 38, United 
States Code. 
SEC. 3. RETURN OF NONCITIZEN VETERANS REMOVED 
FROM THE UNITED STATES; STATUS FOR 
NONCITIZEN 
VETERANS 
IN 
THE 
UNITED 
STATES. 
(a) IN GENERAL.— 
(1) DUTIES
OF
SECRETARY.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary shall— 
(A) establish a program and application 
procedure to permit— 
(i) deported veterans who meet the re-
quirements of subsection (b) to enter the 
United States as a noncitizen lawfully ad-
mitted for permanent residence; and 
(ii) noncitizen veterans in the United 
States who meet the requirements of sub-
section (b) to adjust status to that of a 
noncitizen lawfully admitted for permanent 
residence; and 
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(B) cancel the removal of noncitizen vet-
erans ordered removed who meet the require-
ments of subsection (b) and allow them to ad-
just status to that of a noncitizen lawfully ad-
mitted for permanent residence. 
(2) NO NUMERICAL LIMITATIONS.—Nothing in 
this section or in any other law shall be construed 
to apply a numerical limitation on the number of 
veterans who may be eligible to receive benefits 
under paragraph (1). 
(b) ELIGIBILITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, including sections 212 and 237 of 
the Immigration and Nationality Act (8 U.S.C.1182; 
1227), a veteran shall be eligible for the program es-
tablished under subsection (a)(1)(A), or cancellation 
of removal under subsection (a)(1)(B), if the Sec-
retary determines that the veteran— 
(A) was not ordered removed, or removed, 
from the United States due to a criminal con-
viction for— 
(i) a crime of violence; or 
(ii) a crime that endangers the na-
tional security of the United States for 
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which the noncitizen has served a term of 
imprisonment of at least 5 years; and 
(B) is not inadmissible to, or deportable 
from, the United States due to such a convic-
tion. 
(2) WAIVER.—The Secretary may waive para-
graph (1) for humanitarian purposes, to assure fam-
ily unity, due to exceptional service in the United 
States Armed Forces, or if such waiver otherwise is 
in the public interest. 
SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS 
FROM REMOVAL. 
Notwithstanding any other provision of law, including 
section 237 of the Immigration and Nationality Act (8 
U.S.C. 1227), a noncitizen who is a veteran or service 
member shall not be removed from the United States un-
less the noncitizen has a criminal conviction for a crime 
of violence. 
SEC. 5. NATURALIZATION THROUGH SERVICE IN THE 
ARMED FORCES OF THE UNITED STATES. 
Notwithstanding any other provision of law, a noncit-
izen who has obtained the status of a noncitizen lawfully 
admitted for permanent residence pursuant to section 2 
shall be eligible for naturalization through service in the 
Armed Forces of the United States under sections 328 
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and 329 of the Immigration and Nationality Act (8 U.S.C. 
1439; 1440), except that— 
(1) the ground or grounds on which the noncit-
izen was ordered removed, or removed, from the 
United States, or was rendered inadmissible to, or 
deportable from, the United States, shall be dis-
regarded when determining whether the noncitizen is 
a person of good moral character; and 
(2) any period of absence from the United 
States due to the noncitizen having been removed, or 
being inadmissible, shall be disregarded when deter-
mining if the noncitizen satisfies any requirement re-
lating to continuous residence or physical presence. 
SEC. 6. ACCESS TO MILITARY BENEFITS. 
A noncitizen who has obtained the status of a noncit-
izen lawfully admitted for permanent residence pursuant 
to section 2 shall be eligible for all military and veterans 
benefits for which the noncitizen would have been eligible 
if the noncitizen had never been ordered removed, been 
removed, or voluntarily departed, from the United States. 
SEC. 7. IMPLEMENTATION. 
(a) IDENTIFICATION.—The Secretary of Homeland 
Security shall identify cases involving service members and 
veterans at risk of removal from the United States by— 
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(1) inquiring of every noncitizen processed prior 
to initiating removal proceedings whether the noncit-
izen is serving, or has served, as a member of a reg-
ular or reserve component of the Armed Forces of 
the United States on active duty or as a member of 
a reserve component of the Armed Forces in an ac-
tive status; 
(2) requiring personnel to seek supervisory ap-
proval prior to initiating removal proceedings 
against a service member or veteran; and 
(3) keeping records of service members and vet-
erans who have had removal proceedings against 
them initiated, been detained, or been removed. 
(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 noncit-
izen involved so as to reflect that identification and afford 
an opportunity to track the outcomes for the noncitizen. 
Such annotation shall include— 
(1) the individual’s branch of military service; 
(2) whether or not the individual is serving, or 
has served, during a period of military hostilities de-
scribed in section 329 of the Immigration and Na-
tionality Act (8 U.S.C. 1440); 
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(3) the individual’s immigration status at the 
time of enlistment; 
(4) whether the individual is serving honorably 
or was separated under honorable conditions; and 
(5) the basis for which removal was sought; 
and, if the basis for removal was a criminal convic-
tion, the crime or crimes for which conviction was 
obtained. 
SEC. 8. REGULATIONS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary shall promulgate regula-
tions to implement this Act. 
Æ 
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