,i #aafth ,,congress #ast ,session ,h4 ,r4 #eaea ,,in ,,the ,,house ,,of ,,representatives ,november #ah1 #bjai,mr4 ,takano introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,veterans' ,affairs1 and ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a military family immigration advisory committee1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,honoring the ,oath ,act of #bjai4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 military service to the ,united ,states is a sacrifice that demonstrates loyalty to the ,nation2 7#b7 a noncitizen who takes an oath of enlistment or an oath of office to join the ,united ,states ,armed ,forces--promising to support and defend the ,constitution of the ,united ,states against all enemies1 foreign and domestic--deserves facilitated access to naturalization2 7#c7 such noncitizen and his or her family members deserve consideration for the exercise of prosecutorial discretion in immigration removal proceedings2 and 7#d7 a noncitizen veteran who is deported after consideration under this ,act should be provided the same veterans' benefits to which a similarly situated ,united ,states citizen veteran would be entitled4 #c4 ,definitions ,in this ,act3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means the ,military ,family ,immigration ,advisory ,committee established pursuant to section #e4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,senate2 7,d7 the ,committee on ,veterans' ,affairs of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,g7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,h7 the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 7#c7 ,armed ,forces ,the term ,armed ,forces has the meaning given that term in section #aja of title #aj1 ,united ,states ,code4 7#d7 ,covered family member ,the term covered family member means the noncitizen spouse or noncitizen minor child of-- 7,a7 a member of the ,armed ,forces serving on active duty or in a reserve component2 or 7,b7 a veteran1 as defined in paragraph 7#d74 7#e7 ,noncitizen ,the term noncitizen means an individual who is not a national of the ,united ,states 7as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb7774 7#f7 ,veteran ,the term veteran has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 #d4 ,identification of members of the ,armed ,forces1 veterans1 and covered family members in removal proceedings 7a7 ,in general ,not later than the time of the ,master ,calendar ,hearing for any individual in removal proceedings1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall identify whether the individual is-- 7#a7 a member of the ,armed ,forces serving on active duty or in a reserve component2 7#b7 a veteran2 or 7#c7 a covered family member4 7b7 ,transfer of case files ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall transfer a copy of the complete case file of any individual identified under subsection 7a71 immediately after such identification1 to the ,advisory ,committee4 7c7 ,limitation on removal ,notwithstanding any other provision of law1 an individual described in subsection 7a7 may not be removed until the ,military ,family ,immigration ,advisory ,committee has provided recommendations with respect to that individual to the ,secretary of ,homeland ,security and the ,attorney ,general under section #e4 #e4 ,military family immigration advisory committee 7a7 ,establishment ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense and in cooperation with the ,secretary of the ,army1 the ,secretary of the ,navy1 the ,secretary of the ,air ,force1 and the ,commandant of the ,coast ,guard1 shall establish an advisory committee1 to be known as the ,military ,family ,immigration ,advisory ,committee1 to provide recommendations to the ,secretary of ,homeland ,security and the ,attorney ,general on the exercise of prosecutorial discretion in cases involving removal proceedings of individuals described in section #d7;a74 7b7 ,membership ,the ,advisory ,committee shall be composed of-- 7#a7 the ,deputy ,commanding ,general of ,army ,human ,resources ,command1 or designee2 7#b7 the ,judge ,advocate of the ,army1 or designee2 7#c7 the ,deputy ,commander of ,navy ,personnel ,command1 or designee2 7#d7 the ,judge ,advocate of the ,navy1 or designee2 7#e7 the ,vice ,chief of ,staff of the ,air ,force2 7#f7 the ,judge ,advocate of the ,air ,force1 or designee2 7#g7 the ,deputy ,commandant for ,mission ,support of the ,coast ,guard2 7#h7 the ,judge ,advocate of the ,coast ,guard1 or designee2 and 7#i7 the ,deputy ,commandant of ,manpower and ,reserve ,affairs of the ,marine ,corps1 or designee4 7c7 ,case reviews 7#a7 ,in general ,not later than #cj days after the ,director of ,u4,s4 ,immigration and ,customs ,enforcement notifies the ,advisory ,committee of the case of an individual described in section #d7;a71 the ,advisory ,committee shall meet to review the case and to provide a written recommendation to the ,secretary of ,homeland ,security on whether the individual-- 7,a7 notwithstanding the grounds for removal asserted by ,u4,s4 ,immigration and ,customs ,enforcement1 should be granted-- 7i7 a stay of removal and allowed to apply for asylum2 7ii7 deferred action2 or 7iii7 parole2 or 7,b7 should be removed from the ,united ,states4 7#b7 ,submission of information ,an individual who is the subject of a case review under paragraph 7#a7 may submit information to the ,advisory ,committee1 and the ,advisory ,committee shall consider such information4 7#c7 ,procedures ,in conducting each case review under paragraph 7#a71 the ,advisory ,committee shall consider1 as factors weighing in favor of a recommendation under paragraph 7#a77;,a7-- 7,a7 with respect to a member of the ,armed ,forces serving on active duty or in a reserve component1 whether the individual-- 7i7 took an oath of enlistment or an oath of office2 7ii7 received military decorations1 campaign medals1 or service medals1 was deployed1 or was otherwise evaluated for merit in service during his or her service in the ,armed ,forces2 7iii7 is a national of a country that prohibits repatriation of an individual after any service in the ,armed ,forces2 or 7iv7 contributed to his or her local community during his or her service in the ,armed ,forces2 7,b7 with respect to a veteran1 whether the individual-- 7i7 took an oath of enlistment or an oath of office2 7ii7 completed a term of service in the ,armed ,forces and was discharged under conditions other than dishonorable2 7iii7 received military decorations1 campaign medals1 or service medals1 was deployed1 or was otherwise evaluated for merit in service during his or her service in the ,armed ,forces2 7iv7 is a national of a country that prohibits repatriation of an individual after any service in the ,armed ,forces2 or 7v7 contributed to his or her local community during or after his or her service in the ,armed ,forces2 and 7,c7 with respect to a covered family member1 whether the individual-- 7i7 supported a member of the ,armed ,forces serving on active duty or a veteran1 including through financial support1 emotional support1 or caregiving2 or 7ii7 contributed to his or her local community during or after the military service of the member or of the veteran4 7d7 ,consultation with ,u4,s4 ,immigration and ,customs ,enforcement principal legal advisor ,the ,principal ,legal ,advisor of ,u4,s4 ,immigration and ,customs ,enforcement1 or designee1 shall consult with the ,advisory ,committee at the request of members of the ,advisory ,committee4 7e7 ,briefings on unsuitability of noncitizen members of the ,armed ,forces ,the ,under ,secretary of ,defense for ,personnel and ,readiness shall provide detailed briefings to the ,advisory ,committee regarding the reasons for determining the unsuitability of noncitizen members of the ,armed ,forces whose cases are being considered by the ,advisory ,committee4 7f7 ,briefings on actions in response to recommendations ,not less frequently than quarterly1 the ,secretary of ,homeland ,security shall provide detailed briefings to the ,advisory ,committee regarding actions taken in response to the recommendations of the ,advisory ,committee1 including detailed explanations for any cases in which a recommendation of the ,advisory ,committee was not followed4 7g7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 #f4 ,list of countries unwilling to repatriate ,united ,states veterans ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall compile and annually update a list of countries that refuse to repatriate nationals of such country who have enlisted or been appointed in the ,united ,states ,armed ,forces4 #g4 ,program of citizenship through military service 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 and the ,secretary of ,defense shall jointly carry out a program under which any individual noncitizen who serves on active duty in the ,armed ,forces1 and the noncitizen spouse and any noncitizen minor child of such individual1 shall be naturalized as a ,united ,states citizen if such individual1 and such spouse or child1 is not otherwise ineligible for citizenship under the immigration laws 7as that term is defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag7774 7b7 ,jag training ,the ,secretary of ,defense shall ensure that appropriate members of the judge advocate general corps of the ,armed ,forces shall receive training to function as liaisons with ,u4,s4 ,citizenship and ,immigration ,services with respect to applications for citizenship of noncitizen members of the ,armed ,forces assigned to units in such areas4 7c7 ,training for recruiters ,the ,secretary of ,defense shall ensure that all recruiters in the ,armed ,forces receive training regarding-- 7#a7 the steps required for a noncitizen member of the ,armed ,forces to receive citizenship2 7#b7 limitations on the path to citizenship for family members of such individuals2 and 7#c7 points of contact at the ,department of ,homeland ,security to resolve emergency immigration-related situations with respect to such individuals and their family members4 7d7 ,application for naturalization 7#a7 ,biometrics 7,a7 ,submission of biometric information ,the ,secretary of ,defense shall ensure that1 at the time of accession into the ,armed ,forces1 biometric information of an individual who has applied1 or who plans to apply1 for naturalization is submitted to ,u4,s4 ,citizenship and ,immigration ,services for the purposes of such application4 7,b7 ,acceptance of biometric information ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall accept any biometric information submitted pursuant to subparagraph 7,a74 7#b7 ,filing of application ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,defense1 shall ensure that each noncitizen individual who accesses into the ,armed ,forces is permitted to file an application for naturalization as part of the accessions process4 7#c7 ,adjudication of application ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,defense1 shall ensure that the application for naturalization of any individual who applies for naturalization during the accessions process into the ,armed ,forces is adjudicated not later than the last day of active service of the individual in the ,armed ,forces4 7e7 ,annual reports ,the ,secretary of each military department shall annually submit to the appropriate congressional committees a report on the number of all noncitizens who enlisted or were appointed in their department1 all members of the ,armed ,forces in their department who naturalized1 and all members of the ,armed ,forces in their department who were discharged or released without ,united ,states citizenship under the jurisdiction of such ,secretary during the preceding year4 #h4 ,study and report on noncitizen veterans removed from the ,united ,states 7a7 ,study required ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 and the ,secretary of ,veterans ,affairs shall jointly carry out a study on noncitizen veterans of the ,armed ,forces who were removed from the ,united ,states during the period beginning on ,january #a1 #aiij1 and ending on the date of the enactment of this ,act1 which shall include-- 7#a7 the number of noncitizens removed by ,u4,s4 ,immigration and ,customs ,enforcement or the ,immigration and ,naturalization ,service during the period covered by the report who served on active duty in the ,armed ,forces or in a reserve component of the ,armed ,forces for a period of more than #ahj days2 7#b7 for each noncitizen described in paragraph 7#a7-- 7,a7 the country of origin of the noncitizen2 7,b7 the length of time the noncitizen served as a member of the ,armed ,forces2 7,c7 the grounds for removal under section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7 or section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb71 as applicable2 and 7,d7 whether the noncitizen appealed the removal order2 7#c7 the number of noncitizens described in paragraph 7#a7 who-- 7,a7 were discharged or released from service under honorable conditions2 7,b7 were deployed overseas2 7,c7 served on active duty in the ,armed ,forces in an overseas contingency operation2 7,d7 were awarded military decorations1 campaign medals1 or service medals2 7,e7 applied for benefits under laws administered by the ,secretary of ,veterans ,affairs2 or 7,f7 are receiving benefits described in subparagraph 7,e72 and 7#d7 a description of the reasons preventing any of the noncitizens who applied for benefits described in paragraph 7#c77;,e7 from receiving such benefits4 7b7 ,report ,not later than #ij days after the date of the completion of the study required under subsection 7a71 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 and the ,secretary of ,veterans ,affairs shall jointly submit a report containing the results of such study to the appropriate congressional committees4