I 
116TH CONGRESS 
1ST SESSION H. R. 3400 
To amend title 10, United States Code, to authorize the enlistment in the 
Armed Forces of certain aliens who are unlawfully present in the United 
States and were younger than 15 years of age when they initially entered 
the United States, but who are otherwise qualified for enlistment, and 
to provide a mechanism by which such aliens, by reason of their honor-
able service in the Armed Forces, may be lawfully admitted to the 
United States for permanent residence. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2019 
Mr. HARDER of California (for himself, Mr. DIAZ-BALART, Mrs. RADEWAGEN, 
Mr. STEWART, Mr. DEFAZIO, Mrs. TORRES of California, Mr. SOTO, Mr. 
TED LIEU of California, Mr. BISHOP of Georgia, Mr. KRISHNAMOORTHI, 
Ms. FRANKEL, Mr. ENGEL, Mrs. DAVIS of California, Mr. CONNOLLY, 
Mrs. DINGELL, Mr. COSTA, Ms. BLUNT ROCHESTER, Mr. LIPINSKI, and 
Mr. BERA) introduced the following bill; which was referred to the Com-
mittee on Armed Services 
A BILL 
To amend title 10, United States Code, to authorize the 
enlistment in the Armed Forces of certain aliens who 
are unlawfully present in the United States and were 
younger than 15 years of age when they initially entered 
the United States, but who are otherwise qualified for 
enlistment, and to provide a mechanism by which such 
aliens, by reason of their honorable service in the Armed 
Forces, may be lawfully admitted to the United States 
for permanent residence. 
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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 ‘‘Encourage New Legal-
ized Immigrants to Start Training Act’’ or the ‘‘ENLIST 
Act’’. 
SEC. 2. AUTHORITY TO ENLIST IN THE ARMED FORCES 
CERTAIN ALIENS WHO ARE UNLAWFULLY 
PRESENT IN THE UNITED STATES AND LEGAL 
STATUS OF SUCH ENLISTEES BY REASON OF 
HONORABLE 
SERVICE 
IN 
THE 
ARMED 
FORCES. 
(a) CERTAIN ALIENS AUTHORIZED
FOR ENLIST-
MENT.—Section 504(b)(1) of title 10, United States Code, 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(D) An alien who was unlawfully present 
in the United States on December 31, 2012, 
who has been continuously present in the 
United States since that date, who was younger 
than 15 years of age on the date the alien ini-
tially entered the United States, and who, dis-
regarding such unlawful status, is otherwise eli-
gible for original enlistment in a regular compo-
nent of the Army, Navy, Air Force, Marine 
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Corps, or Coast Guard under section 505(a) of 
this title and regulations issued to implement 
such section.’’. 
(b) CONDITIONAL ADMISSION TO PERMANENT RESI-
DENCE OF ALIEN ENLISTEES.—Section 504 of title 10, 
United States Code, is further amended by adding at the 
end the following new subsection: 
‘‘(c) CONDITIONAL ADMISSION TO PERMANENT RES-
IDENCE OF ALIEN ENLISTEES.—(1) The Secretary of 
Homeland Security shall adjust the status of an alien de-
scribed in subsection (b)(1)(D) who enlists in a regular 
component of the Army, Navy, Air Force, Marine Corps, 
or Coast Guard to the status of an alien lawfully admitted 
for permanent residence under the provisions of section 
249 of the Immigration and Nationality Act (8 U.S.C. 
1259), except that the alien does not have to— 
‘‘(A) establish that he or she entered the 
United States prior to January 1, 1972; or 
‘‘(B) comply with section 212(e) of such Act (8 
U.S.C. 1182(e)). 
‘‘(2) The lawful permanent resident status of an alien 
described in subsection (b)(1)(D) who enlisted in a regular 
component of the Armed Forces and whose status was ad-
justed under paragraph (1) is automatically rescinded, by 
operation of law, if the alien is separated from the Armed 
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Forces under other than honorable conditions before the 
alien serves the term of enlistment of such alien. Such 
grounds for rescission are in addition to any other grounds 
for rescission provided by law. Proof of separation from 
the Armed Forces under other than honorable conditions 
shall be established by a duly authenticated certification 
from the Armed Force in which the alien last served. 
‘‘(3) Nothing in this subsection shall be construed to 
alter— 
‘‘(A) the process prescribed by sections 328, 
329, and 329A of the Immigration and Nationality 
Act (8 U.S.C. 1439, 1440, 1440–1) by which a per-
son may naturalize through service in the Armed 
Forces; or 
‘‘(B) the qualifications for original enlistment 
in the armed forces described in section 505(a) of 
this title and regulations issued to implement such 
section.’’. 
Æ 
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