Posted on Jul 5, 2022
Calling for faster path to citizenship for those who serve
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On the Fourth of July, we celebrated the country’s 246th birthday — the day in 1776 that the Continental Congress adopted the Declaration of Independence — by attending fireworks displays, family gatherings, parades and other festivities.
This is also a traditional time for the U.S. Citizenship and Immigration Service (USCIS) to give a special welcome to new citizens through Independence Day-themed naturalization ceremonies.
Yet the path to citizenship is too difficult for the 25,000 noncitizens currently serving in the military and the 2.4 million Veterans of immigrant origin, Veterans and advocacy group representative testified at a late-June House oversight hearing.
The House Judiciary Committee’s Subcommittee on Immigration and Citizenship, chaired by California Democrat Rep. Zoe Lofgren, also requested testimony from senior leaders at the U.S. departments of Defense (DOD), Homeland Security (DHS) and Veterans Affairs (VA) on initiatives to support noncitizen service members and Veterans and their families and prevent Veterans from being wrongfully deported. (Some estimate that nearly 100,000 Veterans have been deported since 1996.)
Earlier this month, as part of the joint DHS-DOD-VA Immigrant Military Members and Veterans Initiative (IMMVI), which President Joe Biden established by executive order last year, the U.S. Immigration and Customs Enforcement (ICE) issued a directive for officials to consider U.S. military service by a noncitizen or their immediate family member when determining civil immigration enforcement.
DOD still hindering naturalizations, ACLU argues
But DOD has stymied the naturalization of immigrants who serve, according to a June 28 letter to Biden submitted to the subcommittee by the American Civil Liberties Union (ACLU). The letter criticized the president and DOD in particular for not rescinding a 2017 Trump administration policy that the ACLU said has slowed naturalizations for thousands of noncitizen service members.
“In the period since you took office,” the ACLU letter to Biden said, “service members have continued to report significant difficulties obtaining their certifications of honorable service and therefore in applying for naturalization.”
The letter also called on the Biden administration to drop its appeal of a district court decision that barred DOD from imposing the Trump-era preconditions on immigrant service members, which included a minimum service requirement.
Stephanie P. Miller, DOD’s director of Officer and Enlisted Personnel Policy, testified that the department is working to improve the naturalization process, including through secure virtual interviews with overseas service members seeking naturalization.
“The success of this program has recently led to offering ‘virtual’ interview and oath options to several domestic bases and installations with the U.S., which will further expedite the path to citizenship for members of the Armed Forces and their qualifying dependents,” Miller said in prepared remarks. She said DOD in June completed the 1,000th naturalization of an overseas service member.
Yet a still-confusing naturalization process leads to many of the 5,000 noncitizen immigrants who join the military each year to wrongly assume they earn citizenship automatically through service, according to testimony by the American Legion. The legion said that noncitizen service members often don’t know they have to start the naturalization process at the USCIS, and do not receive guidance from their service branch.
“The American Legion believes all noncitizen immigrant Veterans should be afforded every opportunity to complete the process toward citizenship before exiting the military,” the legion said in written testimony.
Miller said in her testimony that DOD is working to implement a requirement in the fiscal 2022 National Defense Authorization Act calling on the department to give service members proper notice of naturalization options, programs and services.
Bill would ease the naturalization process
Lofgren and a group of lawmakers introduced legislation on June 6 to do more to ease the naturalization process for active-duty service members and to prevent the deportation of Veterans.
The Veteran Service Recognition Act would direct DOD to allow noncitizen service members to file for naturalization during basic training. It would also establish a review process for noncitizen Veterans, service members and their families and create a way for deported Veterans to obtain legal permanent resident status.
“Throughout our history, immigrants have served in our military with bravery and distinction,” Lofgren said in a new release introducing the bill. “However, all too often, noncitizen Veterans … face barriers to accessing the care and benefits they’ve earned and have even been deported despite their service to our country.”
Jennifer MacDonald, VA senior adviser for Health, made clear in her testimony that the department does not consider citizenship, immigration or deportation status when determining Veterans’ eligibility for VA benefits and services.
Jan A. Ruhman, operations coordinator with National Veterans for Peace, Inc. and the Deported Veterans Advocacy Project, said the law should be changed to confer on service members the status of U.S. national when they take the oath of enlistment, a status that should be applied retroactively to service personnel who were deported.
Prospects for passage of either type of legislative fix are unclear, and so for now policies related to noncitizen service members remain in control of federal agencies operating under current law.
Some deported Veterans are coming back. A June 30 report by military.com said that DHS let 16 immigrant service members and their relatives who were deported back into the United States this year, and that four are now U.S. citizens.
Learn more
“Oversight of Immigrant Military Members and Veterans,” June 29, 2022: https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4935
“ICE to consider military service when determining civil immigration enforcement,” June 7, 2022: https://www.ice.gov/news/releases/ice-consider-military-service-when-determining-civil-immigration-enforcement
“Reps. Takano, Lofgren, Nadler, Correa, Vargas and Ruiz introduce legislation to prevent the deportation of Veterans,” June 6, 2022: https://lofgren.house.gov/media/press-releases/reps-takano-lofgren-nadler-correa-vargas-and-ruiz-introduce-legislation-prevent
This is also a traditional time for the U.S. Citizenship and Immigration Service (USCIS) to give a special welcome to new citizens through Independence Day-themed naturalization ceremonies.
Yet the path to citizenship is too difficult for the 25,000 noncitizens currently serving in the military and the 2.4 million Veterans of immigrant origin, Veterans and advocacy group representative testified at a late-June House oversight hearing.
The House Judiciary Committee’s Subcommittee on Immigration and Citizenship, chaired by California Democrat Rep. Zoe Lofgren, also requested testimony from senior leaders at the U.S. departments of Defense (DOD), Homeland Security (DHS) and Veterans Affairs (VA) on initiatives to support noncitizen service members and Veterans and their families and prevent Veterans from being wrongfully deported. (Some estimate that nearly 100,000 Veterans have been deported since 1996.)
Earlier this month, as part of the joint DHS-DOD-VA Immigrant Military Members and Veterans Initiative (IMMVI), which President Joe Biden established by executive order last year, the U.S. Immigration and Customs Enforcement (ICE) issued a directive for officials to consider U.S. military service by a noncitizen or their immediate family member when determining civil immigration enforcement.
DOD still hindering naturalizations, ACLU argues
But DOD has stymied the naturalization of immigrants who serve, according to a June 28 letter to Biden submitted to the subcommittee by the American Civil Liberties Union (ACLU). The letter criticized the president and DOD in particular for not rescinding a 2017 Trump administration policy that the ACLU said has slowed naturalizations for thousands of noncitizen service members.
“In the period since you took office,” the ACLU letter to Biden said, “service members have continued to report significant difficulties obtaining their certifications of honorable service and therefore in applying for naturalization.”
The letter also called on the Biden administration to drop its appeal of a district court decision that barred DOD from imposing the Trump-era preconditions on immigrant service members, which included a minimum service requirement.
Stephanie P. Miller, DOD’s director of Officer and Enlisted Personnel Policy, testified that the department is working to improve the naturalization process, including through secure virtual interviews with overseas service members seeking naturalization.
“The success of this program has recently led to offering ‘virtual’ interview and oath options to several domestic bases and installations with the U.S., which will further expedite the path to citizenship for members of the Armed Forces and their qualifying dependents,” Miller said in prepared remarks. She said DOD in June completed the 1,000th naturalization of an overseas service member.
Yet a still-confusing naturalization process leads to many of the 5,000 noncitizen immigrants who join the military each year to wrongly assume they earn citizenship automatically through service, according to testimony by the American Legion. The legion said that noncitizen service members often don’t know they have to start the naturalization process at the USCIS, and do not receive guidance from their service branch.
“The American Legion believes all noncitizen immigrant Veterans should be afforded every opportunity to complete the process toward citizenship before exiting the military,” the legion said in written testimony.
Miller said in her testimony that DOD is working to implement a requirement in the fiscal 2022 National Defense Authorization Act calling on the department to give service members proper notice of naturalization options, programs and services.
Bill would ease the naturalization process
Lofgren and a group of lawmakers introduced legislation on June 6 to do more to ease the naturalization process for active-duty service members and to prevent the deportation of Veterans.
The Veteran Service Recognition Act would direct DOD to allow noncitizen service members to file for naturalization during basic training. It would also establish a review process for noncitizen Veterans, service members and their families and create a way for deported Veterans to obtain legal permanent resident status.
“Throughout our history, immigrants have served in our military with bravery and distinction,” Lofgren said in a new release introducing the bill. “However, all too often, noncitizen Veterans … face barriers to accessing the care and benefits they’ve earned and have even been deported despite their service to our country.”
Jennifer MacDonald, VA senior adviser for Health, made clear in her testimony that the department does not consider citizenship, immigration or deportation status when determining Veterans’ eligibility for VA benefits and services.
Jan A. Ruhman, operations coordinator with National Veterans for Peace, Inc. and the Deported Veterans Advocacy Project, said the law should be changed to confer on service members the status of U.S. national when they take the oath of enlistment, a status that should be applied retroactively to service personnel who were deported.
Prospects for passage of either type of legislative fix are unclear, and so for now policies related to noncitizen service members remain in control of federal agencies operating under current law.
Some deported Veterans are coming back. A June 30 report by military.com said that DHS let 16 immigrant service members and their relatives who were deported back into the United States this year, and that four are now U.S. citizens.
Learn more
“Oversight of Immigrant Military Members and Veterans,” June 29, 2022: https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4935
“ICE to consider military service when determining civil immigration enforcement,” June 7, 2022: https://www.ice.gov/news/releases/ice-consider-military-service-when-determining-civil-immigration-enforcement
“Reps. Takano, Lofgren, Nadler, Correa, Vargas and Ruiz introduce legislation to prevent the deportation of Veterans,” June 6, 2022: https://lofgren.house.gov/media/press-releases/reps-takano-lofgren-nadler-correa-vargas-and-ruiz-introduce-legislation-prevent
4th of July
Citizenship
Policy
Law
Patriotism
Posted >1 y ago
Responses: 21
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I am a member who agrees with the American Legion. They should have citizenship before they leave the military
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LTC George Morgan
That sounds good, nevertheless, I stand by my notation above that they should commit to four years of service, as anything less is insufficient.
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