< Back to H.R. 3761 (112th Congress, 2011–2013)

Text of the Support and Defend Our Military Personnel and Their Families Act

This bill was introduced on December 20, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 20, 2011 (Introduced).

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Source: GPO

I

112th CONGRESS

1st Session

H. R. 3761

IN THE HOUSE OF REPRESENTATIVES

December 20, 2011

(for himself, Ms. Zoe Lofgren of California, Mr. Reyes, Mr. Conyers, Mr. Berman, Mr. Gutierrez, Mr. Grijalva, Mr. Filner, Mrs. Napolitano, Ms. Linda T. Sánchez of California, Mr. Honda, Ms. Roybal-Allard, and Ms. Ros-Lehtinen) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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 amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes.

1.

Short title

This Act may be cited as the Support and Defend Our Military Personnel and Their Families Act.

2.

Facilitating naturalization for military personnel

(a)

In General

Any person who has served honorably as a member of the Armed Forces of the United States in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), and who, if separated from the Armed Forces, was separated under honorable conditions, may be naturalized as provided in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as though the person had served during a period designated by the President under such section.

(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; and

(2)

in subsection (d), by striking six months and inserting one year.

3.

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) of section 203(a) and are the spouse, child, son, or daughter of an alien who is serving in the Armed Forces of the United States.

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4.

Relief for immediate family members of active duty personnel

Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

(n)

Relief for immediate family members of active duty personnel

(1)

In General

The Secretary of Homeland Security may adjust the status of an alien described in paragraph (2) to that of an alien lawfully admitted for permanent residence if—

(A)

the alien makes an application for such adjustment, and is physically present in the United States on the date the application is filed;

(B)

the alien is eligible to receive an immigrant visa and is admissible under section 212(a) (except that paragraphs (4), (6)(A), (7)(A), and (9)(B) of such section shall not apply for purposes of this subsection);

(C)

an immigrant visa is immediately available to the alien at the time the application is filed; and

(D)

the alien pays a fee, as determined by the Secretary, for the processing of such application.

(2)

Eligible Aliens

(A)

In general

The benefits provided in paragraph (1) shall apply only to an alien who is a parent, spouse, child, son, daughter, or minor sibling of an eligible member of the Armed Forces.

(B)

Posthumous benefits

An alien described in subparagraph (A) shall continue to be eligible for adjustment under this subsection 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 or, if such death occurred prior to the date of enactment of this paragraph, for 2 years after such date of enactment.

(3)

Eligible Members of the Armed Forces

In this subsection, eligible member of the Armed Forces means any person who—

(A)

has served honorably in an active duty status in the Armed Forces of the United States; and

(B)

if separated from the service described in subparagraph (A), was separated under honorable conditions.

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5.

Military enlistment during military operations and national emergencies

Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following:

(D)

An alien who, during any period of contingency operations (as defined in section 101(a)(13) of title 10, United States Code), takes the following oath: I, _________, do solemnly swear (or affirm), that (i) I am loyal to and will defend the United States of America and bear true faith and allegiance to the same; (ii) I support and will defend the Constitution and the laws of the United States against all enemies, foreign and domestic; and (iii) I intend to renounce entirely all allegiance to any other nation and promply seek naturalization as provided under law as soon as I am permitted to do so.

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6.

Factors to consider in initiating removal proceedings against active duty military personnel and veterans

Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) is amended by adding at the end the following:

(f)

Considerations for active duty military personnel and veterans

(1)

A notice to appear shall not be issued against an alien who has served honorably at any time in the Armed Forces of the United States, and who, if separated from the Armed Forces, separated under honorable conditions, without prior approval from the Secretary of Homeland Security.

(2)

In determining whether to issue a notice to appear against such an alien, the 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 Forces, the alien, and his or her family if the alien were to be placed in removal proceedings.

(3)

An alien who has served honorably in the Armed Forces of the United States, and who, if separated from the Armed Forces, 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).

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