,,ii #aafth ,,congress #ast ,session ,s4 #ajda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #d1 #bjai ,ms4 ,duckworth 7for herself1 ,ms4 ,hirono1 ,mr4 ,blumenthal1 ,mr4 ,merkley1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,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 immigrants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veterans ,visa and ,protection ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,armed ,forces ,the term ,armed ,forces has the meaning given the term armed forces in section #aja of title #aj1 ,united ,states ,code4 7#b7 ,crime of violence ,the term crime of violence means an offense defined in section #af7;a7 of title #ah1 ,united ,states ,code-- 7,a7 that is not a purely political offense2 and 7,b7 for which a noncitizen has served a term of imprisonment of at least #e years4 7#c7 ,eligible veteran 7,a7 ,in general ,the term eligible veteran means a veteran who-- 7i7 is a noncitizen2 and 7ii7 meets the criteria described in section #c7;e74 7,b7 ,inclusion ,the term eligible veteran includes a veteran who-- 7i7 was removed from the ,united ,states2 or 7ii7 is abroad and is inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7#d7 ,noncitizen ,the term noncitizen means an individual who is not a citizen or national of the ,united ,states 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7774 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,service member ,the term service member means an individual who is serving as a member of-- 7,a7 a regular or reserve component of the ,armed ,forces on active duty2 or 7,b7 a reserve component of the ,armed ,forces in an active status4 7#g7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 #c4 ,return of eligible veterans removed from the ,united ,states2 adjustment of status 7a7 ,program for admission and adjustment of status ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a program and an application procedure that allows-- 7#a7 eligible veterans outside the ,united ,states to be admitted to the ,united ,states as aliens lawfully admitted for permanent residence 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7772 and 7#b7 eligible veterans in the ,united ,states to adjust status to that of aliens lawfully admitted for permanent residence4 7b7 ,veterans ordered removed 7#a7 ,in general ,with respect to noncitizen veterans who are the subjects of final orders of removal1 including noncitizen veterans who are outside the ,united ,states1 not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall-- 7,a7 reopen the removal proceedings of each such noncitizen veteran2 and 7,b7 make a determination with respect to whether each such noncitizen veteran is an eligible veteran4 7#b7 ,rescission of removal order ,in the case of a determination under paragraph 7#a77;,b7 that a noncitizen veteran is an eligible veteran1 the ,attorney ,general shall-- 7,a7 rescind the order of removal2 7,b7 adjust the status of the eligible veteran to that of an alien lawfully admitted for permanent residence2 and 7,c7 terminate removal proceedings4 7c7 ,veterans in removal proceedings 7#a7 ,in general ,with respect to noncitizen veterans the removal proceedings of whom are pending as of the date of the enactment of this ,act1 not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall make a determination with respect to whether each such noncitizen veteran is an eligible veteran4 7#b7 ,termination of proceedings ,in the case of a determination under paragraph 7#a7 that a noncitizen veteran is an eligible veteran1 the ,attorney ,general shall-- 7,a7 adjust the status of the eligible veteran to that of an alien lawfully admitted for permanent residence2 and 7,b7 terminate removal proceedings4 7d7 ,no numerical limitations ,nothing in this section or in any other law may be construed to apply a numerical limitation on the number of veterans who may be eligible to receive a benefit under this section4 7e7 ,eligibility 7#a7 ,in general ,notwithstanding any other provision of law1 including sections #bab and #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb and #abbg71 a noncitizen veteran shall be eligible to participate in the program established under subsection 7a7 or for adjustment of status under subsections 7b7 or 7c71 as applicable1 if the ,secretary or the ,attorney ,general1 as applicable1 determines that the noncitizen veteran-- 7,a7 was not removed or ordered removed from the ,united ,states based on a conviction for-- 7i7 a crime of violence2 or 7ii7 a crime that endangers the national security of the ,united ,states for which the noncitizen veteran has served a term of imprisonment of at least #e years2 and 7,b7 is not inadmissible to1 or deportable from1 the ,united ,states based on a conviction for a crime described in subparagraph 7,a74 7#b7 ,waiver ,the ,secretary may waive the application of paragraph 7#a7-- 7,a7 for humanitarian purposes2 7,b7 to ensure family unity2 7,c7 based on exceptional service in the ,armed ,forces2 or 7,d7 if a waiver otherwise is in the public interest4 #d4 ,protecting veterans and service members from removal ,notwithstanding any other provision of law1 including section #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg71 a noncitizen who is a veteran or service member may not be removed from the ,united ,states unless the noncitizen has been convicted for a crime of violence4 #e4 ,naturalization through service in the ,armed ,forces 7a7 ,in general ,subject to subsection 7b71 a noncitizen who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section #c shall be eligible for naturalization through service in the ,armed ,forces under sections #cbh and #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adci and #addj74 7b7 ,special rules 7#a7 ,good moral character ,in determining whether a noncitizen described in subsection 7a7 is a person of good moral character1 the ,secretary shall disregard the one or more grounds on which the noncitizen was-- 7,a7 removed or ordered removed from the ,united ,states2 or 7,b7 rendered inadmissible to1 or deportable from1 the ,united ,states4 7#b7 ,periods of absence ,the ,secretary shall disregard any period of absence from the ,united ,states of a noncitizen described in subsection 7a7 due to the noncitizen having been removed from1 or being inadmissible to1 the ,united ,states if the noncitizen satisfies the applicable requirement relating to continuous residence or physical presence4 #f4 ,access to military benefits ,a noncitizen who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section #c shall be eligible for all military and veterans benefits for which the noncitizen would have been eligible had the noncitizen not been ordered removed or removed from the ,united ,states1 voluntarily departed the ,united ,states1 or rendered inadmissible to1 or deportable from1 the ,united ,states1 as applicable4 #g4 ,implementation 7a7 ,identification ,the ,secretary shall identify noncitizen service members and veterans at risk of removal from the ,united ,states by-- 7#a7 before initiating a removal proceeding against a noncitizen1 asking the noncitizen whether he or she is serving1 or has served as a member of-- 7,a7 a regular or reserve component of the ,armed ,forces on active duty2 or 7,b7 a reserve component of the ,armed ,forces in an active status2 7#b7 requiring ,u4,s4 ,immigration and ,customs ,enforcement personnel to seek supervisory approval before initiating a removal proceeding against a service member or veteran2 and 7#c7 keeping records of any service member or veteran who has been-- 7,a7 the subject of a removal proceeding2 7,b7 detained by the ,director of ,u4,s4 ,immigration and ,customs ,enforcement2 or 7,c7 removed from the ,united ,states4 7b7 ,record annotation 7#a7 ,in general ,in the case of a noncitizen service member or veteran identified under subsection 7a71 the ,secretary shall annotate all immigration and naturalization records of the ,department of ,homeland ,security relating to the noncitizen-- 7,a7 to reflect that the noncitizen is a service member or veteran2 and 7,b7 to afford an opportunity to track the outcomes for the noncitizen4 7#b7 ,contents of annotation ,each annotation under paragraph 7#a7 shall include-- 7,a7 the branch of military service in which the noncitizen is serving1 or has served2 7,b7 whether the noncitizen is serving1 or has served1 during a period of military hostilities described in section #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addj72 7,c7 the immigration status of the noncitizen on the date of enlistment2 7,d7 whether the noncitizen is serving honorably or was separated under honorable conditions2 7,e7 the ground on which removal of the noncitizen from the ,united ,states was sought2 and 7,f7 in the case of a noncitizen the removal proceedings of whom were initiated on the basis of a criminal conviction1 the crime for which the noncitizen was convicted4 #h4 ,regulations ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement this ,act4