(6) The Department of Defense has stated that 
the authority for the MAVNI program is found in 
section 504(b)(2) of title 10, United States Code. 
(7) MAVNI was intended to be a one-year pilot 
program and initially began with a cap of 1,000 re-
cruits for all branches of the Armed Forces. 
(8) The pilot program expired on December 21, 
2009. 
(9) On August 17, 2010, the Department of 
Defense issued guidance extending MAVNI through 
December 31, 2011. 
(10) However, in order to assure the safety and 
security of Department of Defense personnel, equip-
ment, and operations, implementation of the August 
17, 2010, guidance was delayed until the Deputy 
Secretary of Defense issued a memorandum entitled 
‘‘Reinstatement of Military Accessions Vital to Na-
tional Interest Pilot Program’’ and dated May 16, 
2012. 
(11) The May 16, 2012, memorandum extended 
the pilot program for two years and increased the 
cap for the pilot program to 1,500 recruits for all 
branches of the Armed Forces. 
(12) As a result of a request from the Army, 
the Department of Defense in March of 2015 in-
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creased the cap for MAVNI to 3,000 recruits for all 
branches of the Armed Forces for fiscal year 2015 
and 5,200 recruits for all branches of the Armed 
Forces for fiscal year 2016. 
(13) The Department of Defense relies on the 
United States Citizenship and Immigration Services 
(USCIS) to validate ‘‘self-declared’’ recruits and 
documents for unlawful aliens participating in 
MAVNI. 
(14) In fiscal year 2015, every branch of the 
Armed Services met their enlistment goal. In fact, 
the Army, Navy, Air Force, and Marine Corps have 
all met their enlistment goals every year since 2003, 
with the exception of one branch missing its target 
in 2006. 
(15) In recent years, approximately 80 percent 
of individuals who have sought to enlist in the 
Armed Forces have been rejected. 
(16) There is currently no shortage of qualified 
applicants for service in the Armed Forces, and the 
Department of Defense is in the midst of elimi-
nating 160,000 uniformed personnel positions over a 
nine-year period. 
(17) MAVNI is a pilot program created by the 
executive branch that allows participants to receive 
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United States citizenship after one day of wartime 
service. 
(18) The Department of Defense has stated the 
agency’s intent to renew the MAVNI program pend-
ing a reevaluation and final decision. 
(19) The changes to the program that allowed 
unlawful aliens to be eligible for enlistment were 
never authorized by Congress. 
(20) Article I, section 8, clause 4 of the United 
States Constitution grants Congress exclusive juris-
diction with regard to United States citizenship and 
immigration matters. 
(b) PURPOSE.—It is the purpose of this Act to pre-
vent amnesty within the Department of Defense by 
amending section 504(b)(2) of title 10, United States 
Code, to ensure that unlawful aliens are not eligible to 
enlist in the Armed Forces. 
SEC. 3. ADMISSION AND LAWFUL STATUS REQUIRED FOR 
ELIGIBILITY TO ENLIST IN THE UNITED 
STATES ARMED FORCES. 
Paragraph (2) of section 504(b) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) Notwithstanding paragraph (1), the Secretary 
concerned may authorize the enlistment of a person not 
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described in such paragraph if the Secretary determines 
that— 
‘‘(A) the person is an alien in a lawful immigra-
tion status who was admitted and inspected pursu-
ant to the immigration laws, as defined in section 
101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17)); and 
‘‘(B) the enlistment of the alien is vital to the 
national interest.’’. 
Æ 
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