[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1405 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1405
To require the Secretary of Homeland Security to establish a veterans
visa program to permit veterans who have been removed from the United
States to return as immigrants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2017
Mr. Grijalva (for himself, Mr. Gutierrez, Mr. Vargas, Mr. Johnson of
Georgia, Ms. Schakowsky, Mr. Cardenas, Ms. Norton, Mr. Ryan of Ohio,
Mr. Gene Green of Texas, Mr. Vela, Mr. Danny K. Davis of Illinois, Mr.
Ted Lieu of California, Mr. Cicilline, Ms. Jayapal, Mr. McGovern, Mr.
Aguilar, Mr. DeSaulnier, Mr. Takano, Mr. Gallego, Ms. Judy Chu of
California, and Mr. Blumenauer) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on Armed Services, and Veterans' Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to establish a veterans
visa program to permit veterans who have been removed from the United
States to return as immigrants, 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 Veterans Visa and Protection Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``crime of violence'' means an offense defined
in section 16 of title 18, United States Code, excluding a
purely political offense, for which the noncitizen has served a
term of imprisonment of at least 5 years.
(2) The term ``deported veteran'' means a veteran who is a
noncitizen and who--
(A) was removed from the United States; or
(B) is abroad and is inadmissible under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)).
(3) 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))).
(4) The term ``Secretary'' means the Secretary of Homeland
Security.
(5) The term ``service member'' means an individual who is
serving as a member of a regular 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 active status.
(6) The term ``veteran'' has the meaning given such term
under section 101(2) of title 38, United States Code.
SEC. 3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES;
STATUS FOR NONCITIZEN VETERANS IN THE UNITED STATES.
(a) In General.--
(1) Duties of secretary.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall--
(A) establish a program and application procedure
to permit--
(i) deported veterans who meet the
requirements of subsection (b) to enter the
United States as a noncitizen lawfully admitted
for permanent residence; and
(ii) noncitizen veterans in the United
States who meet the requirements of subsection
(b) to adjust status to that of a noncitizen
lawfully admitted for permanent residence; and
(B) cancel the removal of noncitizen veterans
ordered removed who meet the requirements of subsection
(b) and allow them to adjust status to that of a
noncitizen lawfully admitted for permanent residence.
(2) No numerical limitations.--Nothing in this section or
in any other law shall be construed to apply a numerical
limitation on the number of veterans who may be eligible to
receive benefits under paragraph (1).
(b) Eligibility.--
(1) In general.--Notwithstanding any other provision of
law, including sections 212 and 237 of the Immigration and
Nationality Act (8 U.S.C.1182; 1227), a veteran shall be
eligible for the program established under subsection
(a)(1)(A), or cancellation of removal under subsection
(a)(1)(B), if the Secretary determines that the veteran--
(A) was not ordered removed, or removed, from the
United States due to a criminal conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national
security of the United States for 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 conviction.
(2) Waiver.--The Secretary may waive paragraph (1) for
humanitarian purposes, to assure family 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 unless 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 noncitizen 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 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439;
1440), except that--
(1) the ground or grounds on which the noncitizen was
ordered removed, or removed, from the United States, or was
rendered inadmissible to, or deportable from, the United
States, shall be disregarded 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 determining if the noncitizen satisfies any
requirement relating to continuous residence or physical
presence.
SEC. 6. ACCESS TO MILITARY BENEFITS.
A noncitizen who has obtained the status of a noncitizen 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--
(1) inquiring of every noncitizen processed prior to
initiating removal proceedings whether the noncitizen is
serving, or has served, as a member of a regular 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 active status;
(2) requiring personnel to seek supervisory approval prior
to initiating removal proceedings against a service member or
veteran; and
(3) keeping records of service members and veterans 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 noncitizen 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 described in
section 329 of the Immigration and Nationality Act (8 U.S.C.
1440);
(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 conviction, the crime or
crimes for which conviction was obtained.
SEC. 8. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall promulgate regulations to implement this Act.
<all>