HR 6020
110th CONGRESS
2d Session
H. R. 6020
To amend the Immigration and Nationality Act to protect the well-being
of soldiers and their families, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 8, 2008
Ms. ZOE LOFGREN of California (for herself, Mr. THORNBERRY, Mr. CONYERS,
Mr. PENCE, Ms. LORETTA SANCHEZ of California, Mr. TURNER, and Mr. REYES) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to protect the well-being
of soldiers and their families, 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. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.
(a) In General- Any person who served honorably as a member of the Armed Forces
in support of contingency operations (as defined in section 101(a)(13) of
title 10, United States Code) shall be eligible for naturalization pursuant
to section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as if
the person had served during a period designated by the President under such
section 329.
(b) Naturalization Through Service in the Armed Forces of the United States-
Section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended--
(1) in subsection (a), by striking `six months' and inserting `one year';
(2) by striking subsection (c);
(3) in subsection (d), by striking `six months' and inserting `one year';
and
(4) by redesignating subsections (d), (e), and (f) as subsections (c), (d),
and (e), respectively.
SEC. 2. FACILITATING REMOVAL OF CONDITIONAL STATUS FOR MILITARY PERSONNEL
AND THEIR FAMILIES.
(a) Conditional Basis for Status- Section 216(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1186a(a)(1)) is amended by adding before the period
at the end `, unless he or she has served honorably in the Armed Forces of
the United States for at least one year, and who, if separated from such service,
was never separated except under honorable conditions, or is serving in the
Armed Forces at the time of filing for removal of conditional basis'.
(b) Requirements of Timely Petition and Interview for Removal of Condition-
Section 216(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1186a(a)(1))
is amended by inserting `or serving in the Armed Forces at the time of the
interview' after `deceased'.
SEC. 3. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST ACTIVE
DUTY MILITARY PERSONNEL OR VETERANS.
Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended
by adding at the end the following:
`(f)(1) A notice to appear shall not be issued against an alien who served
honorably at any time in the Armed Forces of the United States, and who, if
separated from such service, separated under honorable conditions, without
prior approval from the Director of the United States Citizenship and Immigration
Services or the Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement.
`(2) In determining whether to issue a notice to appear against such an alien,
the Director or the Assistant Secretary shall consider the alien's eligibility
for naturalization under section 328 or 329, as well as the alien's record
of military service, grounds of deportability applicable to the alien, and
any hardship to the Armed Services, the alien, and his or her family if the
alien were to be placed in removal proceedings.
`(3) An alien who served honorably at any time in the Armed Forces of the
United States, and who, if separated from such service, separated under honorable
conditions, shall not be removed from the United States under subparagraph
(A)(i) or (B)(iii) of section 235(b)(1), section 238, or section 241(a)(5).'.
SEC. 4. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILITARY PERSONNEL, VETERANS,
AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS.
(a) Grounds of Inadmissibility- Section 212 of the Immigration and Nationality
Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following:
`(c) Military Service Personnel and Family Members-
`(1) IN GENERAL- With respect to an alien who served honorably at any time
in the Armed Forces of the United States, and who, if separated from such
service, separated under honorable conditions, or an alien who is the spouse,
child, son, daughter, parent, or minor sibling of a member serving in the
Armed Forces of the United States--
`(A) paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of subsection (a)
shall not apply; and
`(B) the Secretary of Homeland Security, or the Attorney General, may
waive any other provision of subsection (a) (other than paragraph (2)(C)
and subparagraphs (A), (B), (C), (E), or (F) of paragraph (3)).
`(2) WAIVER FACTORS- In making a determination under paragraph (1)(B), the
following factors may be considered:
`(A) The grounds of inadmissibility applicable to the alien.
`(B) The alien's service in the United States military, or the degree
to which the alien's removal would affect a close family member who is
serving or has served in the Armed Forces.
`(C) The length of time the alien has lived in the United States.
`(D) The degree to which the alien would be impacted by his or her removal
from the United States.
`(E) The existence of close family ties within the United States.
`(F) The degree to which the alien's removal would adversely affect the
alien's United States citizen, or lawful permanent resident, parents,
spouses, children, sons, daughters, or siblings.
`(G) The alien's history of employment in the United States, including
whether the alien has been self-employed or has owned a business.
`(H) The degree to which the alien's removal would adversely affect the
alien's United States employer or business.
`(I) The degree to which the alien has ties to the alien's community in
the United States or has contributed to the Nation through community,
volunteer, or other activities.'.
(b) Grounds of Deportability- Section 237 of the Immigration and Nationality
Act (8 U.S.C. 1227) is amended by adding at the end the following:
`(d) Military Service Personnel and Family Members-
`(1) IN GENERAL- With respect to an alien who served honorably at any time
in the Armed Forces of the United States, and who, if separated from such
service, separated under honorable conditions, or an alien who is the spouse,
child, son, daughter, parent, or minor sibling of a member serving in the
Armed Forces of the United States--
`(A) paragraphs (1)(D), (3)(A), and (5) of subsection (a) shall not apply;
and
`(B) the Secretary of Homeland Security, or the Attorney General, may
waive paragraphs (1) (other than subparagraph (D)), (2), (3) (other than
subparagraph (A)), and (6) of subsection (a).
`(2) WAIVER FACTORS- In making a determination under paragraph (1)(B), the
following factors may be considered:
`(A) The grounds of deportability applicable to the alien.
`(B) The alien's service in the United States military, or the degree
to which the alien's removal would affect a close family member who is
serving or has served in the Armed Forces.
`(C) The length of time the alien has lived in the United States.
`(D) The degree to which the alien would be impacted by his or her removal
from the United States.
`(E) The existence of close family ties within the United States.
`(F) The degree to which the alien's removal would adversely affect the
alien's United States citizen, or lawful permanent resident, parents,
spouses, children, sons, daughters, or siblings.
`(G) The alien's history of employment in the United States, including
whether the alien has been self-employed or has owned a business.
`(H) The degree to which the alien's removal would adversely affect the
aliens United States employer or business.
`(I) The degree to which the alien has ties to the alien's community in
the United States or has contributed to the Nation through community,
volunteer, or other activities.'.
SEC. 5. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR FAMILIES.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1))
is amended by adding at the end the following:
`(F) Aliens who are eligible for an immigrant visa under paragraph (2)(A)
of section 203(a) and are either the spouse or child of an alien who is
serving in the Armed Forces of the United States.'.
SEC. 6. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.
(a) In General- The Secretary of Homeland Security shall adjust the status
of an alien described in subsection (b) to that of an alien lawfully admitted
for permanent residence if the alien--
(1) applies for such adjustment, and is physically present in the United
States on the date the application is filed;
(2) is admissible to the United States as an immigrant, except as provided
in subsection (e); and
(3) pays a fee, as determined by the Secretary, for the processing of such
application.
(1) IN GENERAL- The benefits provided in subsection (a) shall apply only
to an alien who is a parent, spouse, child, son or daughter, or minor sibling
of an eligible member of the Armed Forces, as defined in subsection (c).
(2) POSTHUMOUS BENEFITS- An alien described in paragraph (1) shall continue
to be eligible for adjustment under this section for 2 years after the death
of an eligible member of the Armed Forces whose death was the result of
injury or disease incurred in or aggravated by his or her service in the
Armed Forces.
(c) Eligible Members of the Armed Forces- In this section, `eligible member
of the Armed Forces' shall include--
(1) a United States citizen who is serving or has served honorably as a
member of the Selected Reserve of the Ready Reserve or in an active-duty
status in the military, air, or naval forces of the United States during
either World War I or during a period beginning September 1, 1939, and ending
December 31, 1946, or during a period beginning June 25, 1950, and ending
July 1, 1955, or during a period beginning February 28, 1961, and ending
on a date designated by the President by Executive order as of the date
of termination of the Vietnam hostilities, or thereafter during any other
period which the President by Executive order shall designate as a period
in which Armed Forces of the United States are or were engaged in military
operations involving armed conflict with a hostile foreign force, and who,
if separated from such service, was separated under honorable conditions;
or
(2) any person who is eligible for naturalization through active duty service
in the Armed Forces pursuant to section 329 of the Immigration and Nationality
Act.
(d) Waiver of Certain Grounds of Inadmissibility- The provisions of paragraphs
(4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)) shall not apply to adjustment of status
under this section. With respect to such an adjustment of status, the Secretary
of Homeland Security may waive any other provision of such section 212(a)
(other than paragraph (2)(C) and subparagraphs (A), (B), (C), (E), or (F)
of paragraph (3)) for humanitarian purposes, to assure family unity, or when
it is otherwise in the public interest.
END
