Fight for the American Dream Act
Bill: H.R.9052 | Sponsor: Rep. Gallego, Ruben (D-AZ)
Policy area: Immigration

Summary:
Fight for the American Dream Act
This bill authorizes individuals to enlist in the Armed Forces if that individual has employment authorization under the Deferred Action for Childhood Arrivals program. (The program, often referred to as DACA, allows certain individuals without lawful immigration status and who arrived in the United States as children to temporarily remain in the United States, subject to various requirements and limitations.)
An individual who has enlisted in the Armed Forces under this bill shall receive lawful permanent resident status, if the individual is otherwise eligible for such status. The bill waives certain grounds of inadmissibility related to unlawful entry for such individuals. If such an individual receives a discharge from the Armed Forces that is not an honorable discharge before completing a period of obligated service, the Department of Homeland Security must rescind that individual's lawful permanent resident status.

To amend title 10, United States Code, to authorize the enlistment of 
      certain aliens in the Armed Forces, 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 ``Fight for the American Dream Act''.

SEC. 2. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.

    (a) Additional Qualified Persons.--Paragraph (1) of subsection (b) 
of section 504 of title 10, United States Code, is amended by adding at 
the end the following new subparagraph:
            ``(D) A person who, at the time of enlistment in an armed 
        force, possesses an employment authorization document issued by 
        United States Citizenship and Immigration Services under the 
        requirements of the Department of Homeland Security policy 
        entitled `Deferred Action for Childhood Arrivals'.''.
    (b) Admission to Permanent Residence of Enlisted Persons.--Such 
section is further amended by adding at the end the following new 
subsection:
    ``(c) Admission to Permanent Residence of Certain Enlisted 
Persons.--(1) Notwithstanding any other provision of law, the Secretary 
of Homeland Security shall adjust the status of a person described in 
subparagraph (D) of paragraph (1) of subsection (b) to the status of an 
alien lawfully admitted for permanent residence if such person is 
otherwise eligible under section 245 of the Immigration and Nationality 
Act (8 U.S.C. 1255). For purposes of such adjustment, a person 
described in such subparagraph shall--
            ``(A) be considered inspected and admitted into the United 
        States; and
            ``(B) not be subject to paragraph (6)(A), (6)(C), (7)(A), 
        or (9) of section 212(a) of such Act (8 U.S.C. 1182(a)).
    ``(2) The Secretary of Homeland Security shall rescind the lawful 
permanent resident status of a person whose status was adjusted under 
paragraph (1) if, before the person completes a period of obligated 
service, the person receives a discharge from the Armed Forces that is 
not an honorable discharge.
    ``(3) Nothing in this subsection shall be construed to alter 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 person may 
naturalize through service in the Armed Forces.''.
    (c) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 504. Persons not qualified: citizenship or residency 
              requirements; exceptions''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 31 of such title is amended by striking 
        the item relating to section 504 and inserting the following 
        new item:

``504. Persons not qualified: citizenship or residency requirements; 
                            exceptions.''.
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