I 
116TH CONGRESS 
1ST SESSION H. R. 2098 
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 
APRIL 4, 2019 
Mr. GRIJALVA introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Armed 
Services, and Veterans’ Affairs, for a period to be subsequently deter-
mined 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Visa and Pro-
tection Act of 2019’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) 
ARMED
FORCES.—The 
term 
‘‘Armed 
Forces’’ has the meaning given the term ‘‘armed 
forces’’ in section 101 of title 10, United States 
Code. 
(2) 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. 
(3) 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 sec-
tion 3(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)). 
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(4) 
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 
the Immigration and Nationality Act (8 U.S.C. 
1101(a))). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) SERVICE
MEMBER.—The term ‘‘service 
member’’ means an individual who is serving as a 
member of— 
(A) a regular or reserve component of the 
Armed Forces on active duty; or 
(B) a reserve component of the Armed 
Forces in an active status. 
(7) VETERAN.—The term ‘‘veteran’’ has the 
meaning given the term in section 101 of title 38, 
United States Code. 
SEC. 3. 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 shall establish a pro-
gram and an application procedure that allows— 
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(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 
who are outside the United States, the Attorney 
General shall— 
(A) reopen the removal proceedings of each 
such noncitizen veteran; and 
(B) make a determination with respect to 
whether each such noncitizen veteran is an eli-
gible veteran. 
(2) RESCISSION OF REMOVAL ORDER.—In the 
case of a determination under paragraph (1)(B) that 
a noncitizen veteran is an eligible veteran, the Attor-
ney General shall— 
(A) rescind the order of removal; 
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(B) adjust the status of the eligible veteran 
to that of a noncitizen lawfully admitted for 
permanent residence; and 
(C) terminate removal proceedings. 
(c) VETERANS IN REMOVAL PROCEEDINGS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, in the 
case of noncitizen veterans, the removal proceedings 
of whom are pending as of the date of the enactment 
of this Act, the Attorney General shall make a deter-
mination with respect to whether each such noncit-
izen veteran is an eligible veteran. 
(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.— 
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(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— 
(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; 
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(C) based on exceptional service in the 
Armed Forces; or 
(D) if a waiver otherwise is in the public 
interest. 
SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS 
FROM REMOVAL. 
Notwithstanding section 237 of the Immigration and 
Nationality Act (8 U.S.C. 1227) or any other provision 
of law, a noncitizen who is a veteran or service member 
may not be removed from the United States unless the 
noncitizen has been convicted for a crime of violence. 
SEC. 5. NATURALIZATION THROUGH SERVICE IN THE 
ARMED FORCES. 
(a) IN GENERAL.—Subject to subsection (b), a non-
citizen who has obtained the status of a noncitizen lawfully 
admitted for permanent residence pursuant to section 3 
shall be eligible for naturalization through service in the 
Armed Forces under sections 328 and 329 of the Immi-
gration and Nationality Act (8 U.S.C. 1439 and 1440). 
(b) SPECIAL RULES.— 
(1) GOOD MORAL CHARACTER.—In determining 
whether a noncitizen described in subsection (a) is 
a person of good moral character, the Secretary 
shall disregard the one or more grounds on which 
the noncitizen was— 
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(A) removed or ordered removed from the 
United States; or 
(B) rendered inadmissible to, or deportable 
from, the United States. 
(2) PERIODS
OF
ABSENCE.—The Secretary 
shall disregard any period of absence from the 
United States of a noncitizen described in subsection 
(a) due to the noncitizen having been removed from, 
or being inadmissible to, the United States if the 
noncitizen satisfies the applicable requirement relat-
ing 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 3 shall be eligible for all military and veterans 
benefits for which the noncitizen would have been eligible 
had the noncitizen not been ordered removed from the 
United States, voluntarily departed the United States, or 
rendered inadmissible to, or deportable from, the United 
States, as applicable. 
SEC. 7. IMPLEMENTATION. 
(a) IDENTIFICATION.—The Secretary shall identify 
noncitizen service members and veterans at risk of re-
moval from the United States by— 
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(1) before initiating a removal proceeding 
against a noncitizen, asking the noncitizen whether 
he or she is serving, or has served as a member of— 
(A) a regular or reserve component of the 
Armed Forces on active duty; or 
(B) a reserve component of the Armed 
Forces in an active status; 
(2) requiring U.S. Immigration and Customs 
Enforcement personnel to seek supervisory approval 
before initiating a removal proceeding against a 
service member or veteran; and 
(3) keeping records of any service member or 
veteran who has been— 
(A) the subject of a removal proceeding; 
(B) detained by the Director of U.S. Immi-
gration and Customs Enforcement; or 
(C) removed from the United States. 
(b) RECORD ANNOTATION.— 
(1) IN GENERAL.—In the case of a noncitizen 
service member or veteran identified under sub-
section (a), the Secretary shall annotate all immigra-
tion and naturalization records of the Department of 
Homeland Security relating to the noncitizen— 
(A) to reflect that the noncitizen is a serv-
ice member or veteran; and 
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(B) to afford an opportunity to track the 
outcomes for the noncitizen. 
(2) CONTENTS OF ANNOTATION.—Each annota-
tion under paragraph (1) shall include— 
(A) the branch of military service in which 
the noncitizen is serving, or has served; 
(B) whether the noncitizen is serving, or 
has served, during a period of military hos-
tilities described in section 329 of the Immigra-
tion and Nationality Act (8 U.S.C. 1440); 
(C) the immigration status of the noncit-
izen on the date of enlistment; 
(D) whether the noncitizen is serving hon-
orably or was separated under honorable condi-
tions; 
(E) the ground on which removal of the 
noncitizen from the United States was sought; 
and 
(F) in the case of a noncitizen the removal 
proceedings of whom were initiated on the basis 
of a criminal conviction, the crime for which the 
noncitizen was convicted. 
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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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