Honoring the Oath Act of 2021
Bill: H.R.1183 | Sponsor: Rep. Takano, Mark (D-CA)
Policy area: Immigration

Summary:
Honoring the Oath Act of 2021
This bill establishes the Military Family Immigration Advisory Committee and modifies the naturalization procedures for a noncitizen in the Armed Forces.
U.S. Immigration and Customs Enforcement shall notify the committee when any individual in removal proceedings is a (1) member of the Armed Forces, (2) veteran, or (3) noncitizen spouse or minor child of such an Armed Forces member or veteran. The committee shall review the case of any such individual and make recommendations to the Department of Homeland Security (DHS) and the Department of Justice as to how the case should be resolved. Such an individual shall not be removed until the committee has provided its recommendations.
DHS and the Department of Defense shall jointly carry out a program allowing a noncitizen individual who serves on active duty in the Armed Forces (and any noncitizen spouse or minor children of the individual) to become a U.S. citizen if the individual is not otherwise ineligible for citizenship. The Armed Forces member shall be given the opportunity to apply for citizenship during the accession process into the Armed Forces. DHS shall adjudicate such an individual's application by the last day of the individual's active service in the Armed Forces.

To establish a military family immigration advisory committee, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honoring the Oath Act of 2021''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) military service to the United States is a sacrifice 
        that demonstrates loyalty to the Nation;
            (2) a noncitizen who takes an oath of enlistment or an oath 
        of office to join the United States Armed Forces--promising to 
        support and defend the Constitution of the United States 
        against all enemies, foreign and domestic--deserves facilitated 
        access to naturalization;
            (3) such noncitizen and his or her family members deserve 
        consideration for the exercise of prosecutorial discretion in 
        immigration removal proceedings; and
            (4) a noncitizen veteran who is deported after 
        consideration under this Act should be provided the same 
        veterans' benefits to which a similarly situated United States 
        citizen veteran would be entitled.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Military Family Immigration Advisory Committee 
        established pursuant to section 5.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Veterans' Affairs of the 
                Senate;
                    (E) the Committee on Armed Services of the House of 
                Representatives;
                    (F) the Committee on Homeland Security of the House 
                of Representatives;
                    (G) the Committee on the Judiciary of the House of 
                Representatives; and
                    (H) the Committee on Veterans' Affairs of the House 
                of Representatives.
            (3) Armed forces.--The term ``Armed Forces'' has the 
        meaning given that term in section 101 of title 10, United 
        States Code.
            (4) Covered family member.--The term ``covered family 
        member'' means the noncitizen spouse or noncitizen minor child 
        of--
                    (A) a member of the Armed Forces serving on active 
                duty or in a reserve component; or
                    (B) a veteran, as defined in paragraph (4).
            (5) Noncitizen.--The term ``noncitizen'' means an 
        individual who is not a national of the United States (as 
        defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22))).
            (6) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101 of title 38, United States Code.

SEC. 4. IDENTIFICATION OF MEMBERS OF THE ARMED FORCES, VETERANS, AND 
              COVERED FAMILY MEMBERS IN REMOVAL PROCEEDINGS.

    (a) In General.--Not later than the time of the Master Calendar 
Hearing for any individual in removal proceedings, the Director of U.S. 
Immigration and Customs Enforcement shall identify whether the 
individual is--
            (1) a member of the Armed Forces serving on active duty or 
        in a reserve component;
            (2) a veteran; or
            (3) a covered family member.
    (b) Transfer of Case Files.--The Director of U.S. Immigration and 
Customs Enforcement shall transfer a copy of the complete case file of 
any individual identified under subsection (a), immediately after such 
identification, to the Advisory Committee.
    (c) Limitation on Removal.--Notwithstanding any other provision of 
law, an individual described in subsection (a) may not be removed until 
the Military Family Immigration Advisory Committee has provided 
recommendations with respect to that individual to the Secretary of 
Homeland Security and the Attorney General under section 5.

SEC. 5. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of Homeland Security, in 
consultation with the Secretary of Defense and in cooperation with the 
Secretary of the Army, the Secretary of the Navy, the Secretary of the 
Air Force, and the Commandant of the Coast Guard, shall establish an 
advisory committee, to be known as the ``Military Family Immigration 
Advisory Committee'', to provide recommendations to the Secretary of 
Homeland Security and the Attorney General on the exercise of 
prosecutorial discretion in cases involving removal proceedings of 
individuals described in section 4(a).
    (b) Membership.--The Advisory Committee shall be composed of--
            (1) the Deputy Commanding General of Army Human Resources 
        Command, or designee;
            (2) the Judge Advocate of the Army, or designee;
            (3) the Deputy Commander of Navy Personnel Command, or 
        designee;
            (4) the Judge Advocate of the Navy, or designee;
            (5) the Vice Chief of Staff of the Air Force;
            (6) the Judge Advocate of the Air Force, or designee;
            (7) the Deputy Commandant for Mission Support of the Coast 
        Guard;
            (8) the Judge Advocate of the Coast Guard, or designee; and
            (9) the Deputy Commandant of Manpower and Reserve Affairs 
        of the Marine Corps, or designee.
    (c) Case Reviews.--
            (1) In general.--Not later than 30 days after the Director 
        of U.S. Immigration and Customs Enforcement notifies the 
        Advisory Committee of the case of an individual described in 
        section 4(a), the Advisory Committee shall meet to review the 
        case and to provide a written recommendation to the Secretary 
        of Homeland Security on whether the individual--
                    (A) notwithstanding the grounds for removal 
                asserted by U.S. Immigration and Customs Enforcement, 
                should be granted--
                            (i) a stay of removal and allowed to apply 
                        for asylum;
                            (ii) deferred action; or
                            (iii) parole; or
                    (B) should be removed from the United States.
            (2) Submission of information.--An individual who is the 
        subject of a case review under paragraph (1) may submit 
        information to the Advisory Committee, and the Advisory 
        Committee shall consider such information.
            (3) Procedures.--In conducting each case review under 
        paragraph (1), the Advisory Committee shall consider, as 
        factors weighing in favor of a recommendation under paragraph 
        (1)(A)--
                    (A) with respect to a member of the Armed Forces 
                serving on active duty or in a reserve component, 
                whether the individual--
                            (i) took an oath of enlistment or an oath 
                        of office;
                            (ii) received military decorations, 
                        campaign medals, or service medals, was 
                        deployed, or was otherwise evaluated for merit 
                        in service during his or her service in the 
                        Armed Forces;
                            (iii) is a national of a country that 
                        prohibits repatriation of an individual after 
                        any service in the Armed Forces; or
                            (iv) contributed to his or her local 
                        community during his or her service in the 
                        Armed Forces;
                    (B) with respect to a veteran, whether the 
                individual--
                            (i) took an oath of enlistment or an oath 
                        of office;
                            (ii) completed a term of service in the 
                        Armed Forces and was discharged under 
                        conditions other than dishonorable;
                            (iii) received military decorations, 
                        campaign medals, or service medals, was 
                        deployed, or was otherwise evaluated for merit 
                        in service during his or her service in the 
                        Armed Forces;
                            (iv) is a national of a country that 
                        prohibits repatriation of an individual after 
                        any service in the Armed Forces; or
                            (v) contributed to his or her local 
                        community during or after his or her service in 
                        the Armed Forces; and
                    (C) with respect to a covered family member, 
                whether the individual--
                            (i) supported a member of the Armed Forces 
                        serving on active duty or a veteran, including 
                        through financial support, emotional support, 
                        or caregiving; or
                            (ii) contributed to his or her local 
                        community during or after the military service 
                        of the member or of the veteran.
    (d) Consultation With U.S. Immigration and Customs Enforcement 
Principal Legal Advisor.--The Principal Legal Advisor of U.S. 
Immigration and Customs Enforcement, or designee, shall consult with 
the Advisory Committee at the request of members of the Advisory 
Committee.
    (e) Briefings on Unsuitability of Noncitizen Members of the Armed 
Forces.--The Under Secretary of Defense for Personnel and Readiness 
shall provide detailed briefings to the Advisory Committee regarding 
the reasons for determining the unsuitability of noncitizen members of 
the Armed Forces whose cases are being considered by the Advisory 
Committee.
    (f) Briefings on Actions in Response to Recommendations.--Not less 
frequently than quarterly, the Secretary of Homeland Security shall 
provide detailed briefings to the Advisory Committee regarding actions 
taken in response to the recommendations of the Advisory Committee, 
including detailed explanations for any cases in which a recommendation 
of the Advisory Committee was not followed.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 6. LIST OF COUNTRIES UNWILLING TO REPATRIATE UNITED STATES 
              VETERANS.

    The Secretary of Homeland Security, in consultation with the 
Secretary of State, shall compile and annually update a list of 
countries that refuse to repatriate nationals of such country who have 
enlisted or been appointed in the United States Armed Forces.

SEC. 7. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Director of U.S. Citizenship and Immigration Services, and the 
Secretary of Defense shall jointly carry out a program under which any 
individual noncitizen who serves on active duty in the Armed Forces, 
and the noncitizen spouse and any noncitizen minor child of such 
individual, shall be naturalized as a United States citizen if such 
individual, and such spouse or child, is not otherwise ineligible for 
citizenship under the immigration laws (as that term is defined in 
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))).
    (b) Jag Training.--The Secretary of Defense shall ensure that 
appropriate members of the judge advocate general corps of the Armed 
Forces shall receive training to function as liaisons with U.S. 
Citizenship and Immigration Services with respect to applications for 
citizenship of noncitizen members of the Armed Forces assigned to units 
in such areas.
    (c) Training for Recruiters.--The Secretary of Defense shall ensure 
that all recruiters in the Armed Forces receive training regarding--
            (1) the steps required for a noncitizen member of the Armed 
        Forces to receive citizenship;
            (2) limitations on the path to citizenship for family 
        members of such individuals; and
            (3) points of contact at the Department of Homeland 
        Security to resolve emergency immigration-related situations 
        with respect to such individuals and their family members.
    (d) Application for Naturalization.--
            (1) Biometrics.--
                    (A) Submission of biometric information.--The 
                Secretary of Defense shall ensure that, at the time of 
                accession into the Armed Forces, biometric information 
                of an individual who has applied, or who plans to 
                apply, for naturalization is submitted to U.S. 
                Citizenship and Immigration Services for the purposes 
                of such application.
                    (B) Acceptance of biometric information.--The 
                Director of U.S. Citizenship and Immigration Services 
                shall accept any biometric information submitted 
                pursuant to subparagraph (A).
            (2) Filing of application.--The Secretary of Homeland 
        Security, in coordination with the Secretary of Defense, shall 
        ensure that each noncitizen individual who accesses into the 
        Armed Forces is permitted to file an application for 
        naturalization as part of the accessions process.
            (3) Adjudication of application.--The Secretary of Homeland 
        Security, in coordination with the Secretary of Defense, shall 
        ensure that the application for naturalization of any 
        individual who applies for naturalization during the accessions 
        process into the Armed Forces is adjudicated not later than the 
        last day of active service of the individual in the Armed 
        Forces.
    (e) Annual Reports.--The Secretary of each military department 
shall annually submit to the appropriate congressional committees a 
report on the number of all noncitizens who enlisted or were appointed 
in their department, all members of the Armed Forces in their 
department who naturalized, and all members of the Armed Forces in 
their department who were discharged or released without United States 
citizenship under the jurisdiction of such Secretary during the 
preceding year.

SEC. 8. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED FROM THE UNITED 
              STATES.

    (a) Study Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense, the Secretary of 
Homeland Security, and the Secretary of Veterans Affairs shall jointly 
carry out a study on noncitizen veterans of the Armed Forces who were 
removed from the United States during the period beginning on January 
1, 1990, and ending on the date of the enactment of this Act, which 
shall include--
            (1) the number of noncitizens removed by U.S. Immigration 
        and Customs Enforcement or the Immigration and Naturalization 
        Service during the period covered by the report who served on 
        active duty in the Armed Forces or in a reserve component of 
        the Armed Forces for a period of more than 180 days;
            (2) for each noncitizen described in paragraph (1)--
                    (A) the country of origin of the noncitizen;
                    (B) the length of time the noncitizen served as a 
                member of the Armed Forces;
                    (C) the grounds for removal under section 237(a) of 
                the Immigration and Nationality Act (8 U.S.C. 1227) or 
                section 212(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1182), as applicable; and
                    (D) whether the noncitizen appealed the removal 
                order;
            (3) the number of noncitizens described in paragraph (1) 
        who--
                    (A) were discharged or released from service under 
                honorable conditions;
                    (B) were deployed overseas;
                    (C) served on active duty in the Armed Forces in an 
                overseas contingency operation;
                    (D) were awarded military decorations, campaign 
                medals, or service medals;
                    (E) applied for benefits under laws administered by 
                the Secretary of Veterans Affairs; or
                    (F) are receiving benefits described in 
                subparagraph (E); and
            (4) a description of the reasons preventing any of the 
        noncitizens who applied for benefits described in paragraph 
        (3)(E) from receiving such benefits.
    (b) Report.--Not later than 90 days after the date of the 
completion of the study required under subsection (a), the Secretary of 
Defense, the Secretary of Homeland Security, and the Secretary of 
Veterans Affairs shall jointly submit a report containing the results 
of such study to the appropriate congressional committees.
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