Bill Summary
This bill, titled "Encourage New Legalized Immigrants to Start Training Act" or "ENLIST Act", is aimed at allowing certain undocumented immigrants who were brought to the United States as children and are currently under 15 years old to enlist in the Armed Forces. This bill would also provide a pathway for these individuals to obtain lawful permanent resident status by serving in the Armed Forces. Under this legislation, the Secretary of Homeland Security would be responsible for adjusting the status of these enlisted immigrants to that of a lawful permanent resident. However, if the individual is discharged from the Armed Forces under any other than honorable conditions before the completion of their enlistment term, their permanent resident status would be revoked. This bill would not change the process for naturalization through military service or the qualifications for enlistment in the Armed Forces.
Possible Impacts
1. The bill would allow certain aliens who entered the United States unlawfully and were younger than 15 years old to enlist in the Armed Forces, potentially giving them opportunities for education, training, and a pathway to citizenship.
2. It would also provide a mechanism for these aliens to legally become permanent residents in the United States through honorable service in the Armed Forces, potentially granting them access to benefits and resources.
3. However, the bill also states that an alien's permanent resident status will be rescinded if they are separated from the Armed Forces under other than honorable conditions, which could lead to potential struggles with immigration and legal status.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3400 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3400
To amend title 10, United States Code, to authorize the enlistment in
the Armed Forces of certain aliens who are unlawfully present in the
United States and were younger than 15 years of age when they initially
entered the United States, but who are otherwise qualified for
enlistment, and to provide a mechanism by which such aliens, by reason
of their honorable service in the Armed Forces, may be lawfully
admitted to the United States for permanent residence.
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IN THE HOUSE OF REPRESENTATIVES
June 21, 2019
Mr. Harder of California (for himself, Mr. Diaz-Balart, Mrs. Radewagen,
Mr. Stewart, Mr. DeFazio, Mrs. Torres of California, Mr. Soto, Mr. Ted
Lieu of California, Mr. Bishop of Georgia, Mr. Krishnamoorthi, Ms.
Frankel, Mr. Engel, Mrs. Davis of California, Mr. Connolly, Mrs.
Dingell, Mr. Costa, Ms. Blunt Rochester, Mr. Lipinski, and Mr. Bera)
introduced the following bill; which was referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to authorize the enlistment in
the Armed Forces of certain aliens who are unlawfully present in the
United States and were younger than 15 years of age when they initially
entered the United States, but who are otherwise qualified for
enlistment, and to provide a mechanism by which such aliens, by reason
of their honorable service in the Armed Forces, may be lawfully
admitted to the United States for permanent residence.
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 ``Encourage New Legalized Immigrants
to Start Training Act'' or the ``ENLIST Act''.
SEC. 2. AUTHORITY TO ENLIST IN THE ARMED FORCES CERTAIN ALIENS WHO ARE
UNLAWFULLY PRESENT IN THE UNITED STATES AND LEGAL STATUS
OF SUCH ENLISTEES BY REASON OF HONORABLE SERVICE IN THE
ARMED FORCES.
(a) Certain Aliens Authorized for Enlistment.--Section 504(b)(1) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) An alien who was unlawfully present in the
United States on December 31, 2012, who has been
continuously present in the United States since that
date, who was younger than 15 years of age on the date
the alien initially entered the United States, and who,
disregarding such unlawful status, is otherwise
eligible for original enlistment in a regular component
of the Army, Navy, Air Force, Marine Corps, or Coast
Guard under section 505(a) of this title and
regulations issued to implement such section.''.
(b) Conditional Admission to Permanent Residence of Alien
Enlistees.--Section 504 of title 10, United States Code, is further
amended by adding at the end the following new subsection:
``(c) Conditional Admission to Permanent Residence of Alien
Enlistees.--(1) The Secretary of Homeland Security shall adjust the
status of an alien described in subsection (b)(1)(D) who enlists in a
regular component of the Army, Navy, Air Force, Marine Corps, or Coast
Guard to the status of an alien lawfully admitted for permanent
residence under the provisions of section 249 of the Immigration and
Nationality Act (8 U.S.C. 1259), except that the alien does not have
to--
``(A) establish that he or she entered the United States
prior to January 1, 1972; or
``(B) comply with section 212(e) of such Act (8 U.S.C.
1182(e)).
``(2) The lawful permanent resident status of an alien described in
subsection (b)(1)(D) who enlisted in a regular component of the Armed
Forces and whose status was adjusted under paragraph (1) is
automatically rescinded, by operation of law, if the alien is separated
from the Armed Forces under other than honorable conditions before the
alien serves the term of enlistment of such alien. Such grounds for
rescission are in addition to any other grounds for rescission provided
by law. Proof of separation from the Armed Forces under other than
honorable conditions shall be established by a duly authenticated
certification from the Armed Force in which the alien last served.
``(3) Nothing in this subsection shall be construed to alter--
``(A) the process prescribed by sections 328, 329, and 329A
of the Immigration and Nationality Act (8 U.S.C. 1439, 1440,
1440-1) by which a person may naturalize through service in the
Armed Forces; or
``(B) the qualifications for original enlistment in the
armed forces described in section 505(a) of this title and
regulations issued to implement such section.''.
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