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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