Foreign Nationals in the U.S. Armed Forces: Immigration Issues

Congressional research reportMay 13, 2026

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Foreign Nationals in the U.S. Armed Forces:

Immigration Issues

Updated May 13, 2026

Congressional Research Service

https://crsreports.congress.gov

R48163

SUMMARY

Foreign Nationals in the U.S. Armed Forces:

Immigration Issues

Enlistment and appointment in the U.S. Armed Forces is currently limited to U.S.

citizens and U.S. nationals, lawful permanent residents (LPRs), and residents of certain

Pacific Islands (Freely Associated States). The U.S. Department of Defense (DOD) may

also authorize the enlistment of other categories of foreign nationals (aliens) under

certain circumstances, which was the basis for the now-suspended Military Accessions

Vital to the National Interest (MAVNI) program.

R48163

May 13, 2026

Holly Straut-Eppsteiner

Analyst in Immigration

Policy

As of February 2026, nearly 50,000 foreign nationals were serving in active and reserve components of the Armed

Forces. An estimated additional 125,000 foreign nationals residing in the United States in 2024 were veterans who

have previously served on active duty. This report focuses on immigration considerations related to foreign

nationals in the U.S. Armed Forces, including U.S. citizenship eligibility through military service and the removal

of foreign nationals who have served in the Armed Forces.

Foreign national servicemembers have long been able to become U.S. citizens under special provisions in law for

naturalization through military service. The Immigration and Nationality Act provides for expedited naturalization

through military service with requirements contingent on whether qualifying service was during peacetime or

designated periods of hostilities.

U.S. military veterans who have not naturalized as U.S. citizens may be subject to removal from the United

States. Instances of such removals have raised concerns among some Members of Congress and advocates.

Observers have also raised concerns regarding whether the potential removal of servicemembers’ immediate

relatives may pose a threat to military readiness. The U.S. Department of Homeland Security (DHS) has long used

its discretionary authority to consider military service as a mitigating factor in its enforcement actions. Specific

policy guidance has changed over time and under different administrations. In 2021, DHS and the Department of

Veterans Affairs introduced the Immigrant Military Members and Veterans Initiative (IMMVI). Under IMMVI,

DHS has implemented policies to facilitate access to naturalization for veterans residing abroad (including those

who have been removed) and implemented options for servicemembers and their qualifying relatives to return to

the United States to access veterans’ benefits and legal services, including through immigration parole.

In recent Congresses, some Members have introduced measures related to foreign national servicemembers and

veterans, including some that would expand enlistment to additional categories of non-U.S. nationals, such as

Deferred Action for Childhood Arrival (DACA) recipients. Some Members have also introduced measures

addressing the removals of servicemembers, veterans, and qualifying relatives. These include provisions that

would mitigate the possibility of removal for those with a military connection, establish greater oversight of

removal proceedings for such individuals, and facilitate deported veterans’ ability to return to the United States

and regularize their status. Some Members have opposed expansions of enlistment eligibility and raised concerns

regarding the possible return of foreign national veterans who were removed because they committed serious

offenses.

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Foreign Nationals in the U.S. Armed Forces: Immigration Issues

Contents

Introduction ..................................................................................................................................... 1

Citizenship and Immigration Status Requirements for Enlistment ................................................. 2

MAVNI Program ....................................................................................................................... 3

Data on Non-U.S. National Servicemembers and Veterans ............................................................ 5

U.S. Citizenship through Military Service ...................................................................................... 7

Peacetime Provision (INA §328)............................................................................................... 8

Wartime Provision (INA §329) ................................................................................................. 9

Naturalization Process for Servicemembers ........................................................................... 10

Military Naturalization Data ................................................................................................... 12

Posthumous Citizenship (INA §329A) .................................................................................... 15

Immigration Benefits for Surviving Relatives ........................................................................ 16

Removals of Foreign National Veterans ........................................................................................ 16

DHS Enforcement Discretion and Enforcement Actions Data ............................................... 17

Discretionary Options for Servicemembers and Qualifying Relatives ................................... 19

Parole in Place and Deferred Action (Individuals Residing Inside the

United States)................................................................................................................. 20

IMMVI Parole (Individuals Residing Outside the United States) .................................... 21

Issues for Congressional Consideration ........................................................................................ 23

Expanding Enlistment: Immigration Considerations .............................................................. 23

Addressing Veteran Removals and Facilitating Naturalization ............................................... 24

Figures

Figure 1. Foreign Nationals Serving in the U.S. Armed Forces, February 2026............................. 6

Figure 2. Military Naturalizations and Designated Periods of Hostilities, FY1918FY2024 ....................................................................................................................................... 13

Figure 3. Military Naturalization Applications Received and Approved, FY2016-FY2025 ......... 15

Figure 4. Former U.S. Servicemembers Arrested, Booked into Custody, and Removed,

FY2018-FY2024 ........................................................................................................................ 19

Tables

Table 1. Estimated Number and Percentage of Noncitizen Veterans by Service Period ................. 7

Table 2. Periods of Military Hostilities Designated for Naturalization under INA Section

329 ................................................................................................................................................ 9

Contacts

Author Information........................................................................................................................ 25

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Introduction

Enlistment and appointment in the U.S. Armed Forces is currently limited to U.S. citizens and

U.S. nationals, lawful permanent residents (LPRs), and residents of certain Pacific Islands (Freely

Associated States).1 The U.S. Department of Defense (DOD)2 may also authorize the enlistment

of other categories of foreign nationals (aliens)3 under certain circumstances. Most foreign

national males ages 18-25 residing in the United States must register with the Selective Service

System regardless of their immigration status.4

This report focuses on immigration considerations related to foreign nationals in and veterans of

the U.S. Armed Forces. Topics covered include U.S. citizenship eligibility through military

service and the removal of foreign nationals who have served in the Armed Forces.

Foreign national servicemembers have long been able to become U.S. citizens under special

provisions in law for naturalization through military service. Since the end of World War I,

approximately 818,000 foreign nationals have naturalized through military service, with

naturalizations clustered around periods of military hostilities.5 The Immigration and Nationality

Act (INA) provides for expedited naturalization through military service, with requirements

contingent on whether an individual’s qualifying service was during peacetime or a designated

period of hostilities. In the years since 2001, the most recent designated period of hostilities for

naturalization, approximately 148,000 foreign national servicemembers have naturalized (as of

FY2024).6

According to DOD data, as of February 2026, nearly 50,000 foreign nationals were serving in the

active and reserve components of the Armed Forces. Based on 2024 American Community

Survey (ACS) data, the Congressional Research Service (CRS) estimates an additional 125,440

foreign nationals residing in the United States have served on active duty in the past.7 An

unknown proportion of these individuals may be eligible to naturalize under INA provisions.

Some Members of Congress have introduced measures related to foreign national

servicemembers, including legislation that would expand enlistment to additional categories of

1 These include individuals covered under the Compacts of Free Association between the United States and the

Federated States of Micronesia, the Republic of the Marshall Islands, and Palau. For more information on the Compacts

of Free Association, see CRS In Focus IF12194, The Compacts of Free Association.

2 The Department of Defense is “using a secondary Department of War designation,” under Executive Order 14347,

dated September 5, 2025.

3 As defined in the Immigration and Nationality Act (INA §101(a)(3); 8 U.S.C. §1101(a)(3)), alien means any person

not a citizen or national of the United States. This report uses the terms foreign nationals and aliens interchangeably to

refer to persons who are not citizens or nationals of the United States.

4 This includes LPRs; individuals granted refugee status, asylum, and parole; and unauthorized immigrants.

Nonimmigrants with temporary permission to be in the United States are excluded. For more information about the

Selective Service System, see CRS Report R44452, The Selective Service System and Draft Registration: Issues for

Congress.

5 FY1918-FY2023: Department of Homeland Security (DHS), Office of Homeland Security Statistics, Yearbook of

Immigration Statistics 2023, Table 20. FY2024: DHS, U.S. Citizenship and Immigration Services (USCIS),

“Naturalization Statistics,” January 24, 2025. Periods of hostilities: DHS, USCIS, Policy Manual, Vol. 12, Part I,

Chapter 3, “Military Service during Hostilities.”

6 Ibid. Elsewhere, USCIS has stated that it has naturalized more than 187,000 members of the U.S. military from 20022024. See USCIS, “Military Naturalization Statistics,” November 6, 2024, https://www.uscis.gov/military/militarynaturalization-statistics.

7 CRS analysis of the U.S. Census Bureau’s American Community Survey (ACS), 2024 5-year sample. See footnote

32.

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non-U.S. nationals. Most of these measures would extend enlistment to individuals who arrived in

the United States as children, are not in lawful immigration status, and have been granted

temporary protection from deportation through Deferred Action for Childhood Arrivals (DACA).

Others have opposed such expansions of enlistment eligibility, for example, citing national

security concerns.

As is the case for all aliens, foreign national U.S. military veterans who have not naturalized as

U.S. citizens may be subject to removal from the United States if they violate immigration laws.

Instances of such removals have raised concerns among some Member of Congress and

advocates. Observers have also contended that the potential removal of servicemembers’

immediate relatives may pose a threat to military readiness.

The U.S. Department of Homeland Security (DHS), which is responsible for enforcing U.S.

immigration law, has long used its discretionary authority to consider military service as a

mitigating factor in its enforcement actions. DHS has provided discretionary options, on a caseby-case basis, to current and former servicemembers and certain relatives who may be removable

from the United States, or who have already been removed, to remain in or return to the country.

Some Members of Congress have proposed measures that would codify protections from removal

for current servicemembers and veterans and their qualifying relatives, facilitate the naturalization

of those residing outside the United States, and allow those who have been removed to return to

the country. Other Members have raised concerns regarding the potential return of individuals

who were removed from the United States because they committed serious criminal offenses.

Citizenship and Immigration Status Requirements

for Enlistment

Some positions in the Armed Forces require U.S. citizenship. Under the law, military officers

must be U.S. citizens.8 In addition, some positions require security clearances, for which U.S.

citizenship is required. However, qualified noncitizens may enter the Armed Forces as enlisted

members in occupations that do not require security clearances.9

Citizenship and residency requirements for enlistment in the U.S. Armed Forces are specified in

10 U.S.C. §504(b)(1).10 These categories include the following:

•

•

8

U.S. nationals—a category that includes U.S. citizens and noncitizen nationals

(i.e., American Samoans);

LPRs (sometimes known as green card holders), who have permission to live and

work permanently in the United States and may become U.S. citizens through the

naturalization process;11 and

10 U.S.C. §532(a)(1).

9 Such enlisted persons would undergo a Tier 1 Background Investigation (formerly known as a National Agency

Check with Inquiries [NACI]). The Tier 1 Background Investigation is the minimum level of investigation of a federal

employee’s background required for public trust positions that do not require access to classified national security

information. Applicants fill out a Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions. See

https://www.dcsa.mil/Portals/128/Documents/pv/fso/Tier_Investigations.pdf?ver=

nNzQlrMiota71dcvYkCNAA%3D%3D.

10 Title 10 of the U.S. Code was amended to include these uniform citizenship and residency requirements under the

National Defense Authorization Act (NDAA) for Fiscal Year 2006 (P.L. 109-163, §542).

11 For information about pathways to LPR status, see CRS Report R42866, Permanent Legal Immigration to the United

States: Policy Overview.

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•

Citizens of the Federated States of Micronesia, Palau, and the Republic of the

Marshall Islands covered under the Compacts of Free Association (also known as

Freely Associated States).12

What is a U.S. National?

A U.S. national is someone who owes permanent allegiance to the United States, whether or not that person is a

U.S. citizen.13 All U.S. citizens are U.S. nationals, but not all U.S. nationals are U.S. citizens. Under the law,

individuals born in American Samoa are U.S. nationals, not U.S. citizens, at birth. However, they may become U.S.

citizens through the naturalization process. As U.S. nationals, American Samoans are eligible to enlist in the U.S.

Armed Forces regardless of whether they have naturalized as U.S. citizens. American Samoa, a U.S. territory, has a

high rate of military enlistment compared with other U.S. states and territories.14

In addition to the categories listed above, 10 U.S.C. §504(b)(2) allows the Service Secretaries to

authorize the enlistment of other persons “vital to the national interest.”15 This authority, in an

earlier form, was the basis for the Military Accessions Vital to the National Interest (MAVNI)

program, which DOD authorized in 2008 and suspended in 2016.16 As of the cover date of this

report, the military departments were not using this authority.

MAVNI Program

DOD established MAVNI as a pilot program in 2008 to authorize the enlistment of (1) health care

professionals who could fill shortages of personnel in particular medical specialties, and (2)

individuals with particular language skills or cultural backgrounds.17 At that time, the text in 10

U.S.C. §504(b)(2) authorized the Service Secretaries to enlist persons other than those specified

in 10 U.S.C. §504(b)(1)—U.S. nationals, LPRs, and Freely Associated States migrants—“if the

[Service] Secretary determines that such enlistment is vital to the national interest.”

Qualified applicant categories included asylees, refugees, holders of Temporary Protected Status

(TPS), and certain nonimmigrants (individuals authorized to enter the United States on a

temporary basis for a specified purpose, such as foreign students).18 In 2014, DOD extended

12 For information about the Compacts of Free Association, see CRS In Focus IF12194, The Compacts of Free

Association.

13 INA §101(a)(21)-(22); 8 U.S.C. §1101(a)(21)-(22).

14 See, for example, “Military Service ‘Part of our Makeup as a Warrior People’,” Reserve National Guard Magazine,

June 10, 2022, and Tracey Leong, “American Samoans’ Strong Military Tradition,” KIRO 7 News, May 27, 2021.

15 This provision was also included in the Title 10 amendments in the FY2006 NDAA described in footnote 8.

16 MAVNI represented the first use of this statutory authority (Christopher Clifton, “Naturalizing through Military

Service: Who Decides?”, Georgetown Immigration Law Journal 36, no. 3 (Spring 2022), p. 1071.). In the 115th

Congress, in response to the MAVNI program, the statute was amended to require that such an enlistee possess a

“critical skill or expertise” that they will use in their “primary daily duties” in the Armed Forces (P.L. 115-232, §521).

17 DOD, “Military Accessions Vital to National Interest (MAVNI) Recruitment Pilot,” fact sheet, 2008, archived

December 11, 2008, at the Wayback Machine, https://web.archive.org/web/20081211214324/http://

www.defenselink.mil/news/mavni-fact-sheet.pdf (hereinafter, “DOD MAVNI Fact Sheet 2008”).

18 Eligible nonimmigrant visa categories included E (treaty traders and investors); F (academic students); H (temporary

workers); I (foreign media); J (exchange visitors); K (fiancé[e]s of U.S. citizens); L (intracompany transferees); M

(vocational students); O (persons with extraordinary ability in certain fields); P (athletes/entertainers); Q (cultural

exchange workers); R (religious workers); S (informants); T (trafficking victims); TC, TD, TN (U.S.-Mexico-Canada

Agreement professionals); U (crime victims); and V (spouses and children of LPRs awaiting immigrant visas). For

more information about these categories, see CRS Report R45938, Nonimmigrant and Immigrant Visa Categories:

Data Brief.

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eligibility to DACA beneficiaries.19 MAVNI applicants were required to have been in a qualifying

status (or statuses) for at least two years prior to enlistment, and without having left the United

States for a period of more than 90 days during that two-year period.

DOD initially set an annual cap of 1,000 accessions, which it later increased to 1,400.20 The Army

was allotted the largest number of accessions.21 MAVNI applicants were enlisted on a case-bycase basis and were required to commit to at least three years of active-duty service or six years

of service in the Selected Reserves.22 From 2008 to 2016, 10,400 individuals enlisted through the

MAVNI program.23

MAVNI was subject to national security concerns, including that some applicants were not

properly vetted and/or were enlisted under fraudulent bases, such as having received visas “to

attend universities that did not exist.”24 In September 2016, DOD issued a memorandum to renew

MAVNI through FY2017, but implemented additional background investigation and security

review requirements, which were required to be completed before any MAVNI applicant shipped

to basic training or served on active duty.25 These included a National Intelligence Agency Check,

CI-Security Interview, and Military Suitability Determination. The memorandum also required

continuous counterintelligence monitoring of MAVNI enlistees and related reporting. It

prohibited certain language/culture applicants from shipping to basic training or serving on active

duty “until the Military Service certifies in writing” to the relevant DOD undersecretaries “their

ability to meet administrative, security, and suitability protocols mandated herein.”26

In October 2017, DOD announced a new policy that required six months of active-duty service

that included completion of basic training to qualify for an honorable service determination (this

19 Jessica L. Wright, Under Secretary of Defense for Personnel and Readiness, “Military Accessions Vital to the

National Interest Program Changes,” Memorandum for Secretary of the Army, Secretary of the Navy, and Secretary of

the Air Force, September 25, 2014. According to USCIS, in July 2017 820 DACA recipients were serving in the

military or had signed contracts to serve. DHS, USCIS, “Deferred Action for Childhood Arrival (DACA) Recipients

Serving in the Military,” https://www.uscis.gov/sites/default/files/document/data/DACA_Military_Data.pdf.

20 See DOD MAVNI Fact Sheet 2008, and Peter Levine, Acting Under Secretary of Defense for Personnel and

Readiness, “Military Accessions Vital to the National Interest Pilot Program Extension,” Memorandum for Secretary of

the Army, Secretary of the Navy, and Secretary of the Air Force, September 30, 2016 (hereinafter, “DOD MAVNI

2016 Pilot Program Extension Memorandum”).

21 For example, in 2016, the Army was allocated 1,200 of 1,400 total accessions. See DOD MAVNI 2016 Pilot

Program Extension Memorandum.

22 Initially, MAVNI required four years of active-duty service for language recruits. However, DOD later changed the

requirement to match that of health care professionals. See DOD, “Military Accessions Vital to National Interest

(MAVNI) Recruitment Pilot,” fact sheet, 2008; and DOD MAVNI 2016 Pilot Program Extension Memorandum.

23 U.S. Government Accountability Office (GAO), Immigration Enforcement: Actions Needed to Better Handle,

Identify, and Track Cases Involving Veterans, GAO-19-416, June 2019, p. 7 (citing DOD data).

24 Tara Copp, “MAVNI troops falsified records, were security risk, DoD says,” Military Times, July 17, 2018. See also

Muzaffar Chishti, Austin Rose, and Stephen Yale-Loehr, “Noncitizens in the U.S. Military: Navigating National

Security Concerns and Recruitment Needs,” Migration Policy Institute, May 2019 (hereinafter, “Chishti et al., 2019”);;

James Rosen, “Pentagon investigators find ‘security risks’ in government’s immigrant recruitment program,

‘infiltration’ feared,” Fox News, August 1, 2017.

25 DOD MAVNI 2016 Pilot Program Extension Memorandum.

26 DOD MAVNI 2016 Pilot Program Extension Memorandum. Eligible languages changed over time. As of the 2016

memo, languages were divided into two categories; Category 1 included Albanian, Bengali, Bulgarian, Cebuano,

Czech, Dhivehi, Haitian-Creole, Hungarian, Malayalam, Polish, Portuguese, Sinhalese, Tagalog, Tamil, and Thai.

Category 2 included Amharic, Arabic, Azerbaijani, Burmese, Cambodian-Khmer, French (nationals of African

countries only), Georgian, Hausa, Hindi, Igbo, Indonesian, Kashmiri, Kurdish, Lao, Malay, Moro, Nepalese, Pahari,

Punjabi, Pushto (Pashto), Serbo-Croatian, Sindhi, Somali, Swahili, Taji, Turkish, Turkmen, Ukrainian, Urdu, Uzbek,

and Yoruba. This provision in the memo applied to Category 2 applicants only.

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policy was vacated in federal court in 2020).27 An honorable service determination is necessary to

apply for naturalization through provisions for military service (discussed further in the “U.S.

Citizenship through Military Service” section).

The services subsequently suspended MAVNI. During the 115th Congress, the House Committee

on Armed Services Subcommittee on Military Personnel reported on a July 2017 classified

briefing regarding a MAVNI investigation conducted by the DOD Inspector General:

The briefers provided an overview of the original purpose of the program, and how the

investigation uncovered several security issues, including the fact that several thousand

non-citizens were allowed to enter the military without completed background

investigations. As a result of the investigation, the Department of Defense suspended the

MAVNI program and tightened the policies related to background investigations. 28

Following the MAVNI program’s suspension, the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 codified new security standards for individuals who enlist

under the 10 U.S.C. §504(b)(2) “vital to the national interest” provision. Such individuals may

not report to initial training “until after the Secretary concerned has completed all required

background investigations and security and suitability screening as determined by the Secretary

of Defense regarding that person.”29 The amended statute states that a Service Secretary may not

authorize more than 1,000 enlistments per military department in a calendar year without written

notice to Congress.30 This legislation also amended the statute to require that such enlistees

possess a “critical skill or expertise” that they will use in their “primary daily duties” in the

Armed Forces. As of the cover date of this report, DOD has not resumed the MAVNI program.

Data on Non-U.S. National Servicemembers and

Veterans

As of February 2026, 49,709 non-U.S. citizens were serving in the U.S. Armed Forces within

active and reserve components in DOD military departments (Figure 1).31 The Army (active

component) accounted for the largest proportion (just under one-third) of such servicemembers.

27 DOD, “DoD Announces Policy Changes to Lawful Permanent Residents and the Military Accessions Vital to the

National Interest (MAVNI) Pilot Program,” press release, October 13, 2017, https://www.defense.gov/News/Releases/

Release/Article/1342317/dod-announces-policy-changes-to-lawful-permanent-residents-and-the-military-acc/; and

Patricia Kime and Richard Sisk, “Judge Strikes Down Minimum Service Requirement for Troops Applying for US

Citizenship,” Military.com, August 26, 2020, https://www.military.com/daily-news/2020/08/26/judge-strikes-downminimum-service-requirement-troops-applying-us-citizenship.html.

28

U.S. Congress, House Committee on Armed Services, Report on the Activities of the Committee on Armed Services

for the One Hundred Fifteenth Congress, 115th Cong., 2nd sess., December 21, 2018, 115-1100, p. 117. A redacted

version of the DOD Inspector General report is available at https://media.defense.gov/2022/Nov/14/2003114198/-1/-1/

1/DODIG-2017-089.PDF.

29 P.L. 115-232, §521, codified at 10 U.S.C. §504(b)(3). See also the “Military Accessions Vital to the National Interest

(MAVNI)” section in archived CRS Report R45343, FY2019 National Defense Authorization Act: Selected Military

Personnel Issues.

30 Ibid.

31 DOD reported an overall population of 2,022,141 servicemembers on active duty and in the selected reserves as of

2024. See DOD, Military OneSource, 2024 Demographics: Interactive Profile of the Military Community,

https://demographics.militaryonesource.mil/chapter-1-total-force-characteristics.

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Figure 1. Foreign Nationals Serving in the U.S. Armed Forces, February 2026

Source: Defense Manpower Data Center data provided to CRS by DOD on May 4, 2026.

Notes: Not shown: Space Force (zero servicemembers). Includes DOD data only; does not include service by

non-U.S. nationals in the U.S. Coast Guard, which is within DHS.

In addition to those currently serving, there were an estimated 125,440 veterans residing in the

United States who were not U.S. citizens or U.S. nationals as of 2024, the most recent year for

which estimates could be made.32 This includes individuals who had ever served, but were not

currently serving at the time they were interviewed, on active duty in the U.S. Armed Forces,

Reserves, or National Guard.33 This number does not include foreign nationals who may have

served and subsequently naturalized or were residing abroad.34

Table 1 shows the estimated number of foreign national veterans by period of service.35 Foreign

nationals residing in the United States (as of 2024) are estimated to have served in all periods of

32 CRS analysis of the U.S. Census Bureau’s American Community Survey (ACS), 2024 5-year sample. This number

measures those who reported having served on active duty in the past and excludes U.S. nationals born in American

Samoa. By statute (38 U.S.C. §101(2)), veteran is defined as a “person who served in the active military, naval, air, or

space service, and who was discharged or released therefrom under conditions other than dishonorable.” (For more

information, see CRS Report R47299, U.S. Department of Veterans Affairs: Who Is a Veteran?) “Veterans,” as

described in these estimates, may not meet this statutory definition because ACS data do not include information about

discharge status.

33 The estimate excludes those who served in the National Guard or Reserves and did not serve on active duty.

34 For a demographic analysis of all foreign-born veterans, including naturalized citizens, see Jeanne Batalova,

Immigrant Veterans in the United States, Migration Policy Institute, May 9, 2024, https://www.migrationpolicy.org/

article/immigrant-veterans-united-states.

35 This estimate is based on the number of individuals who reported to the ACS serving on active duty during specified

periods. Respondents could select more than one service period. CRS collapsed these categories into the five categories

presented in Table 1.

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military conflict since World War II.36 Approximately 46% of such veterans have served since

September 2001. Veterans who served during multiple periods are counted more than once.

Table 1. Estimated Number and Percentage of Noncitizen Veterans

by Service Period

(individuals serving during multiple periods are counted more than once)

Number of

Persons

Percentage

of Total

War on Terrorism (September 2001 or later)

57,778

46%

Gulf War Era (August 1990-August 2001)

38,481

31%

Vietnam Era

21,753

17%

Korean War or World War II

2,561

2%

Other service period(s)a

20,130

16%

125,440

100%

Period of Service

Total number who served during all service periods

Source: CRS analysis of U.S. Census Bureau’s American Community Survey (ACS), 2024 5-year sample.

Notes: Percentage is calculated as the number of servicemembers in a given period divided by the total number

of foreign national veterans (125,440). Some servicemembers served during multiple periods (e.g., both during

the War on Terrorism and the Gulf War Era); therefore, percentages do not add to 100%. These time periods,

as measured in the ACS, do not correspond exactly with the designated periods of hostilities for naturalization

purposes, which are defined in Table 2.

a. “Other service period(s)” include between the Gulf War period and Vietnam Era, between the Vietnam Era

and Korean War, and peacetime service before the Korean War.

U.S. Citizenship through Military Service

In general, an LPR may naturalize, or become a U.S. citizen, after five years of continuous U.S.

residence as an LPR, or three years of U.S. residence for the spouse of a U.S. citizen, with

physical presence in the country for at least half that period.37 The law also requires that

naturalization applicants demonstrate good moral character, knowledge of U.S. history and civics,

and English language ability.38 Eligible servicemembers may qualify to naturalize on an expedited

basis under special provisions in the INA. These provisions exempt individuals with qualifying

military service from certain requirements that are typically required of naturalization applicants.

Special naturalization provisions have provided foreign nationals with an expedited path to U.S.

citizenship through military service since at least the Civil War. In 1862, the 37th Congress passed

legislation allowing for alien enlistees and veterans to become U.S. citizens if they had at least

one year of U.S. residence.39 Such enlistees were also exempt from the requirement at that time to

file a declaration of intention for U.S. citizenship.40 Subsequent legislation has addressed the

naturalization of servicemembers during various periods of hostilities.41 For example, legislation

36 These estimates do not account for foreign nationals who are U.S. veterans and residing outside the United States.

37 INA §§316, 319; 8 U.S.C. §§1427, 1430.

38 Ibid. For more information about naturalization generally, see CRS Report R43366, U.S. Naturalization Policy.

39 Act of July 17, 1862, 12 Stat. 594, §21.

40 For more information about declarations of intention, see National Archives, “History of the Declaration of Intention

(1795-1952),” May 5, 2023, https://www.archives.gov/research/immigration/naturalization/history-dec-of-intent.

41 For an overview, see DHS, USCIS, Policy Manual, Vol. 12, Part I, Appendix: “Legislation Assisting Military

Members and their Families Obtain Immigration Benefits.”

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in 1918 exempted servicemembers from a required five-year period of U.S. residency, the English

language requirement, and history and civics exams.42 In 1942, the Second War Powers Act

provided similar exemptions for foreign nationals serving in the U.S. Armed Forces in World War

II.43 Subsequent legislation also provided for expedited naturalization for service during

hostilities in Korea and Vietnam.44

Currently, the law contains two provisions for expedited naturalization through military service.

One provision pertains to service during peacetime; the other pertains to service during

designated periods of military hostilities.45

Peacetime Provision (INA §328)

INA Section 328 provides for the naturalization of those who serve during a period that has not

been designated as a period of military hostilities for naturalization purposes (peacetime). During

peacetime, servicemembers may qualify to naturalize if they have served honorably for at least

one year.46 Qualifying service includes active or reserve service in the Army, Navy, Marine Corps,

Air Force, Coast Guard, Space Force, and National Guard.47 The service branch determines

whether the service and discharge (if applicable) were under honorable conditions.48

As mentioned above, LPRs typically must have five years of continuous U.S. residence and 30

months of U.S. physical presence to be eligible to naturalize. Those who qualify to naturalize

under INA Section 328 are exempt from these requirements if they file an application for

naturalization while still in service or within six months after separation from service.49 Those

who file an application more than six months after separation must meet the five-year U.S.

residence requirement and 30 months physical presence requirement for naturalization and may

count honorable service within that period toward the requirements.50

Applicants must meet other requirements for naturalization under the INA, including showing

good moral character for at least five years prior to filing the application, demonstrating

knowledge of the English language and U.S. government and history, showing attachment to the

principles of the U.S. Constitution, and taking the Oath of Allegiance. Applicants must be at least

18 years old.

42 Act of May 9, 1918, 40 Stat. 512. See also DHS, USCIS, “Citizenship and Immigration During the First World

War,” https://www.uscis.gov/sites/default/files/document/newsletters/WWI_18x24_USCIS.pdf.

43 Second War Powers Act, 1942, 50a U.S.C. §640.

44 P.L. 83-86 and P.L. 90-633, respectively.

45 For a side-by-side comparison of these requirements, see CRS Infographic IG10035, Expedited Naturalization

through Military Service.

46 Prior to 2003, naturalization under INA Section 328 (8 U.S.C. §1439) required three years of honorable service. The

FY2004 National Defense Authorization Act (NDAA, P.L. 108-136) reduced the required period of service to one year.

47 National Guard service must be at a time that the unit is federally recognized as a reserve component of the U.S.

Armed Forces. See DHS, USCIS, Policy Manual, Vol. 12, Part I, Chapter 2, “One Year of Military Service during

Peacetime (INA 328).”

48 Having served under honorable conditions includes Honorable and General-Under Honorable Conditions as

acceptable discharge characterizations per DOD. See DHS, USCIS, “Naturalization Guidance for Alien Service

Members,” Policy Alert PA-2025-22, September 26, 2025.

49 INA §316(a); 8 U.S.C. §1427(a).

50 INA §328(d); 8 U.S.C. §1439(d).

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Citizenship granted under INA Section 328 may be revoked if the person is separated from the

Armed Forces under other than honorable conditions before he or she has served honorably for a

period of five years.51

Wartime Provision (INA §329)

For service to qualify under INA Section 329, a period of hostilities for naturalization purposes

must be specified in the INA or by the President in an executive order. A period of hostilities for

naturalization purposes may also be terminated via executive order. Most recently, in 2002,

President George W. Bush designated a period of hostilities for expedited naturalization for

service in an active-duty status during the War on Terrorism beginning on September 11, 2001.

That executive order is still in effect (see Table 2).

Table 2. Periods of Military Hostilities Designated for Naturalization under

INA Section 329

Name

Qualifying Service Dates

Authority

World War I

April 6, 1917–November 11, 1918

INA §329(a), 8 C.F.R. §329.1

World War II

September 1, 1939–December 31, 1946

INA §329(a)

Korean War

June 25, 1950–July 1, 1955

INA §329(a)

Vietnam War

February 28, 1961–October 15, 1978

INA §329(a); Executive Order 12081a

Persian Gulf War

August 2, 1990–April 11, 1991

Executive Order 12939b

War on Terrorism

September 11, 2001–present

Executive Order 13269c

Source: DHS, U.S. Citizenship and Immigration Services (USCIS), Policy Manual, Vol. 12, Part I, Chapter 3,

“Military Service During Hostilities (INA 329).”

a. Executive Order 12081, “Termination of expeditious naturalization based on military service,” 43 Federal

Register 42237, September 18, 1978.

b. Executive Order 12939, “Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in an

Active-Duty Status During the Persian Gulf Conflict,” 59 Federal Register 61231, November 29, 1994.

c. Executive Order 13269, “Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an ActiveDuty Status During the War on Terrorism,” 67 Federal Register 45287, July 8, 2002.

Qualifying service during periods of hostilities includes active-duty service in the Army, Navy,

Marine Corps, Air Force, Space Force, and Coast Guard, or service in the Selected Reserve of the

Ready Reserve.

Individuals who serve during a period of hostilities may apply to naturalize immediately upon

establishing honorable service, as designated by the service branch.52 Such individuals may

naturalize without being LPRs as long as they were present in the United States at the time of

enlistment.53 That is, if the services use their discretion to allow the enlistment of foreign

nationals other than LPRs (as they did during MAVNI), those individuals may become U.S.

citizens without having first been LPRs.

51 INA §328(f); 8 U.S.C. §1439(f).

52 Those who served during multiple periods may qualify to naturalize under the INA Section 329 requirements if they

have at least one qualifying period of service during military hostilities. See DHS, USCIS, Policy Manual, Vol. 12, Part

I, Chapter 3, “Military Service during Hostilities (INA 329).”

53 This includes being present in “the [Panama] Canal Zone, American Samoa, or Swains Island, or on board a public

vessel owned or operated by the United States for noncommercial service.” INA §329(a); 8 U.S.C. §1440(a).

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Those applying to naturalize under INA Section 329 are exempt from the statutory U.S. residence

and physical presence requirements54 for naturalization and may be any age.55 They must

demonstrate good moral character for at least one year prior to filing their application. As under

the peacetime provision, applicants must demonstrate knowledge of the English language, U.S.

government, and history; show attachment to the principles of the U.S. Constitution; and take the

Oath of Allegiance.

As with those who serve during peacetime, INA Section 329 provides for the revocation of

citizenship if the servicemember separates from the Armed Forces under other than honorable

conditions before they have served honorably for a period of five years.56

Naturalization Process for Servicemembers

Upon meeting the eligibility criteria described above, servicemembers may apply to naturalize by

filing an Application for Naturalization (Form N-400) with U.S. Citizenship and Immigration

Services (USCIS).57 Unlike non-military naturalization applicants, servicemembers and veterans

applying to naturalize under INA Sections 328 and 329 do not pay filing fees.58

Both military naturalization provisions require the servicemember to have established honorable

service to be eligible to naturalize. Current servicemembers must submit USCIS Form N-426,

Request for Certification of Military or Naval Service, which must be completed by a certifying

official from the U.S. military branch in which they serve.59 The certifying official must attest to

the branch of service, date service started, whether the individual is currently serving honorably

or not honorably, and the type of service (i.e., Active Duty or Selected Reserve of the Ready

Reserve). Servicemembers may submit the N-426 after one day of service.60 Those who have

already separated from service must submit a copy of their official discharge document.61

Once candidates for naturalization have submitted their applications, USCIS conducts security

and background checks and collects fingerprints. As part of the background check process,

USCIS conducts a Defense Clearance Investigative Index query with DOD.62 P.L. 110-251,

enacted in 2008, requires USCIS to use enlistment fingerprints or fingerprints previously

54 Unlike the peacetime statute, under which applicants must apply while in service or within six months of discharge to

be exempt from U.S. residence and physical presence requirements, there is no time restriction on this exemption for

applicants who qualify under the wartime statute.

55 This allows for the naturalization of 17-year-olds, who may enlist with parental consent.

56 As enacted in the FY2004 NDAA (P.L. 108-136, §1701), INA §329(c); 8 U.S.C. §1440(c).

57 For a graphic representation of the naturalization application process for servicemembers, see GAO, Military

Naturalizations: Federal Agencies Assist with Naturalizations, but Additional Monitoring and Assessment Are Needed,

GAO-22-105021, September 2022, Figure 2, p. 12 (hereinafter, “GAO 2022”).

58 These fee exemptions were enacted in the FY2004 NDAA (P.L. 108-136). Currently, DOD reimburses USCIS for

military naturalization application processing costs. See DHS, USCIS, “U.S. Citizenship and Immigration Services Fee

Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 89 Federal Register 6205,

January 31, 2024.

59 See DHS, USCIS, “N-426, Request for Certification of Military or Naval Service,” https://www.uscis.gov/n-426.

60 For more information on the services’ policies for processing Form N-426, see GAO 2022, pp. 21-23.

61 DHS, USCIS, “Naturalization Through Military Service,” last updated October 11, 2024, https://www.uscis.gov/

military/naturalization-through-military-service.

62 See DHS, USCIS, Policy Manual, Vol. 12, Part I, Chapter 6, “Required Background Checks.”

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submitted to it for this purpose.63 USCIS then schedules a naturalization interview, during which

a USCIS officer reviews the application and administers English and civics exams.

If USCIS approves the application, the applicant must take an Oath of Allegiance in a public

ceremony. USCIS allows servicemembers serving overseas, and their qualifying relatives, to

complete their interviews and oath ceremonies over video, a policy that began in 2021 during the

COVID-19 pandemic and remains in place.64

Servicemembers may receive information about naturalization and assistance with their

applications from the military services, including from judge advocates.65 A 2022 U.S.

Government Accountability Office (GAO) report found that “the services offer assistance to

noncitizen servicemembers with the USCIS military naturalization process, but not all services

have processes to inform servicemembers of their ability to naturalize and what assistance is

available to them.”66 Specifically, GAO reported that the Navy, Air Force, and Coast Guard had

processes in place to inform servicemembers of naturalization eligibility and available assistance,

the Army had “taken some steps,” and the Marine Corps did not have such processes in place.67

GAO recommended that DOD ensure that the military services developed and maintained such

processes.68 GAO documented the status of that recommendation as open/partially addressed as

of the cover date of this report, stating, “In December 2024, DOD reported that it plans to issue a

follow-on directive to the services requiring them to inform the Office of the Secretary of

Defense of their process for notifying noncitizens. DOD intends to fulfill this directive by the end

of March 2026. To fully address the intent of this recommendation, DOD would need to follow

through with its intention to issue the follow-on directive to the services. We will continue to

monitor DOD’s efforts to address this recommendation.”

DHS has stated that it has heard of instances in which veterans have not applied to naturalize

because they incorrectly assumed that they automatically acquired citizenship through their

military service and did not realize they needed to file an application, but that “DHS and DOD are

working to correct this misperception.”69 DHS has also recognized challenges that enlistees may

face in completing the naturalization process during basic training, when they may “not have the

capacity or time to request certification of their military service from their commanding officer,

gather evidence, file a complex application, and study for their naturalization exam.”70

63 However, this law permits the submission of new biometric information, including fingerprints, if it “would result in

more timely and effective adjudication of the individual’s naturalization application.”

64 DHS, USCIS, “USCIS Announces FY2021 Accomplishments,” news release, December 16, 2021, and CRS

communication with USCIS, April 3, 2026. USCIS’s Strategic Plan for FY2023-FY2026 includes a “scalable videobased solution” in which servicemembers can complete naturalization interviews and oath ceremonies from military

bases in the United States and overseas; DHS, USCIS, “FYs 2023-2026 Strategic Plan,” p. 15.

65 For more information, see GAO 2022.

66 Ibid., p. 45.

67 Ibid., p. 30.

68 GAO subsequently reported on the status of this recommendation: “DOD issued a policy in September 2022 that

provides guidance to provide proper notice of options for naturalization for noncitizen recruits and servicemembers

transitioning out of service.... The development of this policy is a positive step to help ensure noncitizen recruits and

servicemembers are informed of the military naturalization process and related resources. DOD stated that they plan to

issue a follow-on directive to the services requiring them to inform the Office of the Secretary of Defense of their

process for notifying noncitizens. DOD intends to fulfill this directive by the end of September 2024.” See

“Recommendations for Executive Action” in GAO 2022.

69 Testimony of DHS Director of IMMVI Debra Rogers, in U.S. Congress, Senate Committee on the Judiciary,

Subcommittee on Immigration and Citizenship, Oversight of Immigrant Military Members and Veterans, hearings,

117th Cong., 2nd sess., June 29, 2022 (hereinafter, “Debra Rogers 2022 hearing testimony”).

70 Ibid.

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Servicemembers who do not naturalize may be subject to removal if they commit deportable

offenses (see the “Removals of Foreign National Veterans” section).

Military Naturalization Data

Figure 2 below shows annual military naturalizations from FY1918 (the earliest available data)

to FY2024. In total, 817,991 servicemembers naturalized through provisions for military service

during this period. Higher numbers of naturalizations generally corresponded to periods of

hostilities (including World War II, the Korean War, the Vietnam War, Persian Gulf War, and the

War on Terrorism); military naturalizations generally ebbed between periods of hostilities.

World War I accounted for the greatest number of naturalizations, with the largest annual number

of military naturalizations (over 128,000) occurring in FY1919 following the enactment of the

Naturalization Act of May 9, 1918 (P.L. 65-144), which allowed certain foreign national

servicemembers to naturalize without five years of U.S. residence. Service during the War on

Terrorism (the most recent period of hostilities, still designated as of this report’s cover date)

accounted for approximately 148,000 naturalizations.

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Figure 2. Military Naturalizations and Designated Periods of Hostilities, FY1918-FY2024

Sources: FY1918-FY2023: DHS, Office of Homeland Security Statistics, Yearbook of Immigration Statistics 2023, Table 20. FY2024: DHS, USCIS, “Naturalization Statistics,”

January 24, 2025. Periods of hostilities: DHS, USCIS, Policy Manual, Vol. 12, Part I, Chapter 3, “Military Service during Hostilities.”

Notes: 1918 is the earliest available year of data. Provisions for military naturalizations expired or were suspended in 1925 and 1935.

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Foreign Nationals in the U.S. Armed Forces: Immigration Issues

Figure 3 shows the last 10 fiscal years of military naturalization application data. The number of

military naturalization applications received by USCIS declined 72% from FY2017

(approximately 11,000) to FY2018 (3,000). GAO’s explanation of this decline in its 2022 report

cites 2017 DOD policy changes, including expanded background check requirements for LPRs

and MAVNI enlistees, the six-month requirement for honorable service (see the “MAVNI

Program” section), and a reduction in the number of noncitizens enlisting in the Armed Forces.71

In 2018, USCIS also suspended a “Naturalization at Basic Training” initiative, established in

2009, after MAVNI’s suspension.72 That program had allowed enlistees to provide biometrics,

complete their naturalization interview, and take the Oath of Allegiance on military installations

and naturalize before graduating from basic training.73

More recently, military naturalization applications have increased, reaching nearly 20,000 in

FY2025. This may reflect, in part, efforts under the Biden Administration to promote

naturalization;74 USCIS, DOD, and the Department of Veterans Affairs (VA) strategies to assist

servicemembers and their families with the naturalization process;75 targeted recruitment of

noncitizens by some service branches;76 and increased immigration enforcement, which may have

incentivized some recruits because of the possibility of facilitating discretionary protection for

unauthorized relatives (see the “Discretionary Options for Servicemembers and

Qualifying Relatives” section).77

Congress has enacted provisions within the annual National Defense Authorization Act (NDAA)

to require DOD to inform servicemembers of the availability of naturalization, including the

following:

•

•

•

FY2018 NDAA: required DOD to ensure that LPR servicemembers be informed

of naturalization availability.78

FY2020 NDAA: required the services to provide noncitizen servicemembers

with information on how to apply for naturalization.79

FY2022 NDAA: required each military department to notify noncitizen recruits

and servicemembers of naturalization availability upon enlistment and upon

71 GAO 2022, pp. 14-15.

72 Vera Bergengruen, “The US Army Promised Immigrants A Fast Track For Citizenship. That Fast Track Is Gone,”

BuzzFeed News, March 5, 2018; GAO 2022, p. 16.

73 DHS, USCIS, “Questions and Answers for Members of the Military” (archived), updated October 16, 2015,

https://www.uscis.gov/archive/questions-and-answers-for-members-of-the-military.

74 In February 2021, President Biden issued an executive order mandating an inter-agency working group and strategy

to promote naturalization, which directed federal agencies to “facilitate naturalization for eligible candidates born

abroad and members of the military, in consultation with the Department of Defense.” Executive Order 14012,

“Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New

Americans,” 86 Federal Register 8277, February 5, 2021 (hereinafter, “Executive Order 14012”).

75 GAO 2022; DHS, USCIS, “Interagency Strategy for Promoting Naturalization” (archived), https://www.uscis.gov/

archive/dhs-releases-interagency-strategy-for-promoting-naturalization; and DHS, “ImmVets,” https://www.dhs.gov/

immvets.

76 Lolita C. Baldor, “Join the military, become a US citizen: Uncle Sam wants you and vous and tu,” AP, June 11,

2023; Brigadier General Christopher Amrhein, Fiscal Year 2024-2025 Recruiting Media Roundtable With Service

Leaders, October 20, 2024, https://www.war.gov/News/Transcripts/Transcript/Article/3952493/fiscal-year-2024-2025recruiting-media-roundtable-with-service-leaders/.

77 Greg Jaffe, “U.S. Citizens Are Joining the Military to Protect Undocumented Parents,” The New York Times, January

12, 2026.

78 P.L. 115-91, §530.

79 P.L. 116-92, §570D.

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separation. This included “prescrib[ing] regulations that ensure that a military

recruit, who is not a citizen of the United States, receives proper notice of options

for naturalization” under the INA.80

Figure 3. Military Naturalization Applications Received and Approved, FY2016FY2025

Source: DHS, USCIS, “Number of Service-wide Forms by Quarter, Form Status, and Processing Time,”

Immigration and Citizenship Data, multiple years.

Note: Applications are not necessarily adjudicated in the same fiscal year they are received, which is why

approvals exceed applications in certain years.

Posthumous Citizenship (INA §329A)

Posthumous citizenship is available to foreign national servicemembers who died as a result of

injury or disease incurred while serving honorably in active-duty status during periods of military

hostilities and had met the requirements of INA Section 329.81

A deceased servicemember’s next-of-kin, the Secretary of Defense, or the Secretary’s USCIS

designee may request a grant of posthumous citizenship by filing an Application for Posthumous

Citizenship (Form N-644) with USCIS, along with relevant documentation of the

servicemember’s release or discharge and death. The request must be filed within two years of the

servicemember’s death.

80 P.L. 117-81, §523.

81 The Posthumous Citizenship for Active Duty Service Act of 1989 (P.L. 101-249) was enacted in 1990; it amended

the INA to add Section 329A (8 U.S.C. §1440-1). See also DHS, USCIS, Policy Manual, Vol. 12, Part I, Chapter 8,

“Posthumous Citizenship (INA 329A).”

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If USCIS approves the request, the servicemember’s next-of-kin is issued a Certificate of

Citizenship stating that the servicemember is considered to have been a U.S. citizen at the time of

death.

Immigration Benefits for Surviving Relatives

Surviving spouses, children, and parents of U.S. citizen servicemembers, including those granted

posthumous citizenship, may qualify to naturalize under provisions enacted in the FY2004

NDAA.82 Spouses, children, and parents of deceased servicemembers who are LPRs and are

otherwise eligible to naturalize are exempt from U.S. residence and physical presence

requirements.83

Removals of Foreign National Veterans

Some Members of Congress and veterans’ advocates have expressed concern regarding removals

(commonly called deportations) of foreign national veterans who separated from service without

naturalizing.84 All foreign nationals who violate immigration laws may be subject to removal

from the United States. This includes individuals who have been lawfully admitted to the country

and been convicted of certain crimes that fall under the INA grounds of deportability, such as

crimes involving moral turpitude, multiple criminal convictions, aggravated felonies, controlled

substance offenses, and certain firearm offenses.85 Some have tied the crimes associated with the

removals of foreign national veterans with behavioral health issues connected to injury or trauma

during their service (e.g., post-traumatic stress disorder [PTSD] and substance abuse disorders).86

Removal proceedings commence when DHS issues an individual a Notice to Appear (NTA)

charging document and files it with an immigration court (within the U.S. Department of Justice’s

Executive Office for Immigration Review).87 DHS’s Immigration and Customs Enforcement

(ICE) is generally responsible for immigration enforcement in the U.S. interior. During removal

82 P.L. 108-136, §1703.

83 INA §319(d); 8 U.S.C. §1430(d). Those who are not yet LPRs may self-petition to adjust to LPR status as immediate

relatives within two years of the servicemember’s death. Qualifying relatives may file USCIS Form I-360, Petition for

Amerasian, Widow(er), or Special Immigrant. Unlike other family-based immigration categories, immediate relatives

(spouses, minor unmarried children, and parents of U.S. citizens) are not subject to annual numerical limits under the

INA.

84 See, for example, U.S. Congress, House Committee on the Judiciary, Subcommittee on Immigration and Citizenship,

Oversight of Immigrant Military Members and Veterans, hearings, 117th Cong., 2nd sess., June 29, 2022; Letter from

Senator Elizabeth Warren, Senator Tammy Duckworth, Senator Richard J. Durbin et al. to Kristi Noem, Secretary of

Homeland Security, Pete Hegseth, Secretary of Defense, Rodney S. Scott, U.S. Customs and Border Protection

Commissioner, Joseph B. Edlow, U.S. Citizenship and Immigration Services Director, and Todd M. Lyons, U.S.

Immigration and Customs Enforcement Acting Director, September 2, 2025, https://www.warren.senate.gov/imo/

media/doc/letter_from_lawmakers_to_dhs_dod_on_deportations_of_military_families.pdf.

85 INA §237(a)(2); 8 U.S.C. §1227(a)(2). For more information, see CRS Report R45151, Immigration Consequences

of Criminal Activity.

86 See, for example, Suzanne Monyak, “Deported veterans who returned to US face uncertain futures,” Roll Call,

September 8, 2022; ACLU of Southern California, “Civil and Immigrants’ Rights Organizations Urge Federal

Clemency for Military Veterans Vulnerable to Deportation,” press release, January 18, 2024; Veterans Law Practicum,

UC Berkeley School of Law, Broken Promises: How America Deports its Veterans and Deprives them of Healthcare

and Benefits, March 2024; and Maria Sacchetti, “A U.S. Army veteran, deported almost 20 years ago, finds home,”

Washington Post, June 22, 2024.

87 INA §240; 8 U.S.C. §1229a. For more information about removal proceedings, see CRS In Focus IF11536, Formal

Removal Proceedings: An Introduction, and CRS Infographic IG10022, Immigration Court Proceedings: Process and

Data.

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proceedings, an immigration judge determines whether the individual (called a respondent) is

removeable as charged, and whether that individual may be eligible for any forms of relief or

protection from removal. Counsel from ICE’s Office of the Principal Legal Advisor (OPLA)

represent DHS in proceedings; the respondent may obtain counsel at his or her own expense.

ICE’s Enforcement and Removal Operations is responsible for executing removal orders issued

by an immigration judge.

DHS Enforcement Discretion and Enforcement Actions Data

DHS has the authority to exercise discretion in its enforcement actions, including its decisions to

pursue the removals of foreign nationals (prosecutorial discretion).88 DHS and its predecessor

agency, the former Immigration and Naturalization Service, have long instructed agents to

consider military service when issuing NTAs. In a 2004 memorandum, ICE instructed its agents

to take into account military service when pursuing an enforcement action, including determining

whether servicemembers may be eligible for U.S. citizenship under INA Sections 328 and 329,

and, in cases where the individual is not eligible for naturalization, to consider “the alien’s overall

criminal history, as well as any evidence of rehabilitation, family and financial ties to the United

States, employment history, health, community service, specifics of military service, and other

relevant factors.”89

A 2019 GAO report found that ICE had not consistently followed its policies to consider military

service during enforcement actions.90 At that time, GAO found that ICE did not “maintain

complete electronic data” on encounters with veterans and could not consistently track the

number of veterans who had been placed in removal proceedings or removed. Using available

information, from FY2013-FY2018, GAO identified 250 veterans who had been placed in

removal proceedings, 92 of whom had been removed. Some media reports and advocates claim

that the actual number of veteran removals far exceeds this.91 GAO subsequently reported that

ICE had developed mechanisms for tracking veteran status in its systems.92 DHS has stated that

since November 2020, ICE databases have included a field for military association and ICE had

directed OPLA attorneys to document veteran status in its case management system.93

In May 2022, ICE issued a directive that superseded its 2004 guidance on considering military

service in enforcement actions.94 The 2022 directive states:

88 For more information about prosecutorial discretion, see CRS Legal Sidebar LSB10578, The Biden Administration’s

Immigration Enforcement Priorities: Background and Legal Considerations.

89 Marcy M. Forman, Acting Director, Office of Investigations, ICE, “Issuance of Notices to Appear, Administrative

Orders of Removal, or Reinstatement of a Final Removal Order on Aliens with United States Military Service,”

memorandum, June 21, 2004, https://www.ice.gov/doclib/foia/prosecutorial-discretion/aliens-us-military-service.pdf.

90 GAO, Immigration Enforcement: Actions Needed to Better Handle, Identify, and Track Cases Involving Veterans,

GAO-19-416, June 6, 2019, https://www.gao.gov/products/gao-19-416.

91

See, for example, Sonner Kehrt, “He Served His Country. In Return, His Country Sent Him Into Exile 2024,” The

War Horse,” May 9, 2024 (“No one knows how many veterans have been deported over the years. Some estimates put

it in the hundreds; others in the thousands or even tens of thousands.”); and Camilo Montoya-Galvez, “Veteran returns

to the U.S. after 14-year exile under Biden effort to rectify ‘unjust’ deportations,” CBS News, April 21, 2023 (“The

U.S. government has no official accounting of how many deported veterans remain overseas, since it failed to record

these cases for many years. However, the number is believed to be at least in the hundreds.”)

92 See the “Recommendations” section of GAO, Immigration Enforcement: Actions Needed to Better Handle, Identify,

and Track Cases Involving Veterans, GAO-19-416, June 6, 2019, https://www.gao.gov/products/gao-19-416.

93 Debra Rogers 2022 hearing testimony.

94 DHS, ICE, “Consideration of U.S. Military Service When Making Discretionary Determinations with Regard to

(continued...)

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It is ICE policy to consider a noncitizen’s U.S. military service when deciding whether to

take civil immigration enforcement actions against them, what enforcement actions to take,

if any, whether to release an individual from ICE custody, in accordance with the law, and

the conditions of such release.

The directive instructed ICE officers and agents to ask about an individual’s military service

during intake interviews. It also stated that officers and agents “should generally not initiate

removal proceedings against noncitizens who are statutorily eligible for naturalization as a result

of their military service ... absent significant aggravating factors being present in the case.”95 The

directive also specified that active-duty service by a foreign national’s immediate relatives

(parents, spouses, or children) “is a significant mitigating factor” in enforcement decisions.96

In an April 2025 memorandum, ICE Acting Director Todd Lyons issued new guidance that

superseded the 2022 directive. Similar to the 2022 guidance, under the 2025 policy ICE generally

will not initiate removal proceedings against an active-duty service member “absent significant

aggravating factors,” or against veterans who “appear eligible” for naturalization under INA

Section 328 or Section 329. Unlike the 2022 directive, the 2025 memorandum does not mention

the active-duty service of an immediate family member as a mitigating factor for immigration

enforcement against servicemembers’ relatives. Media reports have documented recent instances

of enforcement actions against servicemembers’ and veterans’ immediate relatives amid ICE’s

increased focus on interior enforcement.97

ICE publishes data showing the annual numbers of immigration enforcement actions against

former servicemembers. The data include the number arrested, booked into immigration

detention, and removed from FY2018-FY2024 (Figure 4). During this seven-year period, 125

former servicemembers were arrested, 142 were detained, and 68 were removed.

In response to a congressional request, DHS separately reported enforcement actions against

servicemembers for the period beginning at the start of the second Trump Administration

(January 20, 2025) and ending January 26, 2026.98 These numbers indicate an uptick in the

number of enforcement actions against veterans, likely reflecting the broader increase in interior

immigration enforcement under the Administration. During that one-year period, 125 alien

veterans were arrested (the same number as were arrested between FY2018-FY2024), 73 were

detained, and 34 were issued an NTA and placed into removal proceedings (DHS did not provide

the number actually removed during that period).99 In the same response, DHS stated that while

ICE may arrest former servicemembers or family members of veterans, it is “rare” for active

Enforcement Actions against Noncitizens,” ICE Directive 10039.2, May 23, 2022, https://www.ice.gov/doclib/news/

releases/2022/10039.2.pdf (hereinafter, “ICE Directive 10039.2”).

95 The directive also instructs ICE Field Responsible Officials to consult with OPLA attorneys in instances when

removal proceedings were initiated by another DHS component (DHS components U.S. Customs and Border

Protection and USCIS may also issue NTAs.) OPLA attorneys may move to dismiss proceedings in immigration court.

96

ICE Directive 10039.2, p. 1.

97 See, for example, Miriam Jordan, “ICE Agents Detain Newlywed Spouse of Soldier Training to Deploy,” The New

York Times, April 5, 2026 and “He Raised Three Marines. His Wife Is American. The U.S. Wants to Deport Him,” The

New York Times, September 17, 2025; Shelby Bremer, “‘I kind of feel betrayed’: ICE arrests military spouses at San

Diego green card interviews,” NBC San Diego, November 28, 2025

98 Letter from Kristi Noem, Secretary of Homeland Security, to Senator Elizabeth Warren, February 18, 2026,

https://www.warren.senate.gov/imo/media/doc/

response_from_the_department_of_homeland_security_on_detention_of_noncitizen_veterans_and_family_members.p

df.

99 Detention management statistics data are provided for fiscal years (12 months, October through September) whereas

the other reported data cover 12 months January through January.

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servicemembers to be subject to removal and that “ICE does not statistically track active alien

service members.”100

Figure 4. Former U.S. Servicemembers Arrested, Booked into Custody, and

Removed, FY2018-FY2024

Source: DHS, ICE, Detention Management, “FY 2026 ICE Statistics.”

Notes: FY2024 is the most recent available year of data from the detention management statistics published by

DHS.

Discretionary Options for Servicemembers and

Qualifying Relatives

DHS has used discretionary authority to permit servicemembers and certain relatives to enter or

remain in the United States, including to facilitate family unity, adjustment to LPR status and

naturalization, and access to veterans’ benefits.101

100 Letter from Kristi Noem, Secretary of Homeland Security, to Senator Elizabeth Warren, February 18, 2026,

https://www.warren.senate.gov/imo/media/doc/

response_from_the_department_of_homeland_security_on_detention_of_noncitizen_veterans_and_family_members.p

df.

101 Eligible veterans, including those who live outside the United States, may be entitled to VA benefits regardless of

immigration status. See VA News, “The Immigrant Military Members and Veterans Initiative, and how VA supports

immigrant Veterans,” April 26, 2022.

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Parole in Place and Deferred Action (Individuals Residing Inside the

United States)

The INA provides the DHS Secretary discretionary authority to parole individuals into the United

States on a case-by-case basis based on “urgent humanitarian reasons or significant public

benefit.”102 Parole provides official permission to enter and/or remain temporarily in the United

States for an authorized period, which may vary. Individuals granted parole may apply for

employment authorization.103

Under that authority, since 2010, USCIS has granted parole in place to servicemembers’

qualifying relatives who are present in the United States without admission (i.e., those who

entered the United States unlawfully).104 Under the statute, such individuals are considered

applicants for admission.105 Parole in place allows qualifying relatives who may otherwise be

subject to removal to remain in the country; DHS has granted it in one-year increments.

Qualifying relatives include spouses, widow(er)s, parents, sons, and daughters of active-duty

members of the U.S. Armed Forces, those serving in the Selected Reserve of the Ready Reserve,

or veterans who were not dishonorably discharged.

While parole in place itself does not provide a path to permanent status, a grant of parole in place

may facilitate such relatives’ ability to adjust to LPR status through a qualifying family

relationship (e.g., with a servicemember who is a U.S. citizen or LPR).106 Under the statute, aliens

who are “present in the United States without being admitted or paroled” are inadmissible and

generally, in order to apply for a green card, must leave the United States to be inspected at a U.S.

embassy or consulate.107 However, if such individuals have been present unlawfully in the United

States for more than 180 days, depart, and again seek admission to the United States within 3 or

10 years (depending on the period of unlawful presence), they will be inadmissible to the United

States.108 Parole in place allows such individuals, who otherwise meet the requirements to do so,

to adjust their status without departing the country and triggering inadmissibility.109 Moreover,

such individuals, who are present without admission or parole, are ineligible for adjustment of

status to that of an LPR because adjustment requires that the applicant be inspected and admitted

or paroled.110 A grant of parole in place results in the alien meeting the inspected and admitted or

paroled requirement.

102 INA §212(d)(5); 8 U.S.C. §1182(d)(5). For more information about parole, see CRS Report R46570, Immigration

Parole.

103 8 C.F.R. §274a.12(c)(11). For more information, see the “Work Authorization for Parolees” section of CRS Report

R46570, Immigration Parole.

104 Letter from Janet Napolitano, DHS Secretary, to Representative Zoe Lofgren, U.S. House of Representatives,

August 30, 2010; and DHS, USCIS, “Parole of Spouses, Children and Parents of Active Duty Members of the U.S.

Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected

Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act §

212(a)(6)(A)(i),” Policy Memorandum PM-602-0091, November 15, 2013.

105 INA §235(a)(1); 8 U.S.C. §1225(a)(1).

106 For more information on family-based immigration pathways, see CRS Report R43145, U.S. Family-Based

Immigration Policy.

107 INA §212(a)(6)(A)(i); 8 U.S.C. §1182(a)(6)(A)(i).

108 INA §212(a)(9)(B); 8 U.S.C. §1182(a)(9)(B).

109 For more information, see CRS Legal Sidebar LSB11102, Humanitarian Parole Authority: A Legal Overview and

Recent Developments; and American Immigration Council, “The Biden Administration’s Parole-In-Place

Announcement: Helping Mixed-Status Families Stay Together and Avoid Bureaucratic Traps,” fact sheet, June 18,

2024.

110 INA §245(a); 8 U.S.C. §1255(a).

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As justification for providing parole in place, a 2013 DHS memorandum states:

Military preparedness can potentially be adversely affected if active members of the U.S.

Armed Forces and individuals serving in the Selected Reserve of the Ready Reserve, who

can be quickly called into active duty, worry about the immigration status of their spouses,

parents and children.

Similarly, our veterans, who have served and sacrificed for our nation, can face stress and

anxiety because of the immigration status of their family members in the United States. We

as a nation have made a commitment to our veterans, to support and care for them. It is a

commitment that begins at enlistment, and continues as they become veterans.111

Military spouses, widow(er)s, parents, sons, and daughters who were admitted to the United

States as nonimmigrants and stayed beyond their authorized stay (i.e., overstayed a visa) are not

eligible for parole in place, which is only available to individuals present in the United States

without admission. However, they may request deferred action, a form of prosecutorial discretion

that, if granted, protects them from removal for a specified period of time. If granted, the period

of deferred action is for up to two years. Those granted deferred action may apply for

employment authorization if they can establish “an economic necessity for employment.”112

IMMVI Parole (Individuals Residing Outside the United States)

In 2021, DHS, in collaboration with the VA and DOD, launched the Immigrant Military Members

and Veterans Initiative (IMMVI). The initiative responded to President Biden’s previously

mentioned 2021 executive order creating an inter-agency working group and strategy to promote

naturalization.113 IMMVI’s objectives include facilitating the return of those who have been

removed, establishing policies that take into account military service, tracking the outcomes of

military cases, improving access to naturalization and immigration services for servicemembers,

and engaging with relevant advocates and stakeholders.114

Under this initiative, DHS issued policy guidance in 2021 regarding naturalization for

servicemembers, including those who had been removed from the United States.115 Eligible

veterans residing outside the United States may file an Application for Naturalization together

with an Application for Travel Document to obtain a travel document allowing them to enter the

United States to attend a naturalization interview. During the Biden Administration, USCIS was

authorized to coordinate with DHS’s U.S. Customs and Border Protection to conduct

naturalization interviews for individuals qualifying under INA Section 329 at a land port of entry;

if such applicants were approved, they could be administered the Oath of Allegiance and become

naturalized citizens at the port of entry.116 In September 2025, USCIS issued guidance rescinding

111 DHS, USCIS, “Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the

Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the

Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act § 212(a)(6)(A)(i),”

Policy Memorandum PM-602-0091, November 15, 2013.

112 8 C.F.R. §274a.12(c)(14); see also DHS, USCIS, “Discretionary Options for Military Members, Enlistees and Their

Families,” updated May 2, 2024.

113 Executive Order 14012.

114 Debra Rogers 2022 hearing testimony and DHS, “DHS, VA Announce Initiative to Support Noncitizen Service

Members, Veterans, and Immediate Family Members,” press release, July 2, 2021.

115 DHS, USCIS, “Policy Alert: Clarifying Guidance on Military Service Members and Naturalization,” November 12,

2021.

116 The initiative also established an email address to respond to urgent inquiries regarding immigration and veterans’

benefits and an online resource center (https://www.dhs.gov/immvets) that provides information about naturalization

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the previous guidance on providing naturalization interviews and oath ceremonies at ports of

entry, based on Executive Order 14148,117 which was issued on the first day of the Trump

Administration. 118

Some deported veterans may be ineligible for naturalization. Under INA Sections 328 and 329,

applicants must demonstrate good moral character during the statutory period (five years or one

year prior to filing, respectively). The INA and federal regulations contain certain bars to good

moral character, such as violation of a controlled substance law during the statutory period.119

Some offenses bar a showing of good moral character even if they occurred before the statutory

period, such as the bar to good moral character for applicants convicted of aggravated felonies on

or after November 29, 1990.120 However, in some cases, individuals may have been issued

pardons that vacate their convictions,121 providing an opportunity to establish good moral

character if they meet requirements specified in the regulation.122

Since 2021, DHS has allowed for IMMVI-based parole requests for current and former

servicemembers and their qualifying relatives who reside outside the United States, including

those who have been removed. IMMVI parole allows these individuals to request a travel

document, which authorizes them to request parole at a U.S. port of entry. DHS has not specified

a standard period for IMMVI parole. The duration of the parole period is based on the purpose for

which it was granted.

According to DHS, this use of parole allows covered individuals “to better avail themselves of

U.S. legal counsel and systems and gain access to certain veterans’ benefits.”123 Regarding

qualifying relatives, DHS states, “Military service sacrifice is not limited to the alien current or

former service member alone” and that parole “recognize[s] that sacrifice and promote[s] family

unity.”124 Qualifying relatives include spouses and children of current and former

servicemembers.125 IMMVI parole requests are “adjudicated by immigration officers who have

received specialized training developed in coordination with the Department of Veterans Affairs”

and are “automatically processed with expedited handling.”126

and immigration services, VA benefits, DOD paperwork, and legal assistance. DHS, “DHS, VA Launch New Online

Services for Noncitizen Service Members, Veterans, and Their Families,” February 7, 2022; and Debra Rogers 2022

hearing testimony.

117 Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” 99 Federal Register,

January 28, 2025.

118 DHS, USCIS, Naturalization Guidance for Alien Service Members, Policy Alert, PA-2025-22, September 26, 2025.

119 8 C.F.R. §316.10(b)(2)(iii); also see generally 8 C.F.R. §316.10(b)(2).

120 INA §101(f)(8), 8 U.S.C. §1101(f)(8); 8 C.F.R. §316.10(b)(1)(ii).

121 See, for example, Amy Taxin, “Deported veteran sues to get naturalization interview in US,” AP, June 7, 2021; and

testimony by Howard Bailey, U.S. Congress, Senate Judiciary Committee, Immigration, Citizenship, and Border Safety

Subcommittee, Honoring Veterans and Military Families: An Examination of Immigration and Citizenship Policies for

US Military Service Members, Veterans, and their Families, 117th Cong., 1st sess., June 23, 2021.

122 See 8 C.F.R. §316.10(c)(2) and DHS, USCIS, Policy Manual, Vol. 12, Part F, Chapter 2, “Adjudicative Factors.”

123 DHS, USCIS, “Discretionary Options for Military Members, Enlistees and Their Families,” updated August 27,

2025.

124 Ibid.

125 Children include unmarried persons under age 21, as defined in INA §101(b); 8 U.S.C. §1101(b); unmarried sons

and daughters and their unmarried children under age 21 may also qualify.

126 DHS, USCIS, “Discretionary Options for Military Members, Enlistees and Their Families,” updated August 27,

2025.

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Issues for Congressional Consideration127

Expanding Enlistment: Immigration Considerations

Some observers have argued that allowing additional categories of foreign nationals to enlist

would help DOD address recruitment challenges128 during periods of recruiting shortfalls.129

Some Members of Congress have introduced measures that would expand the categories of

foreign nationals eligible to enlist in the U.S. Armed Forces. These measures generally are aimed

at increasing the population of individuals eligible to enlist and/or providing pathways to

citizenship through military service.

Such measures would amend Title 10 of the U.S. Code to allow for the enlistment of additional

non-U.S. nationals—typically, certain unauthorized childhood arrivals, including those who have

been granted DACA.130 Often, these measures have included mechanisms to provide for

adjustment to LPR status for individuals who enlist under their provisions. Some measures would

use the “registry” provision of the INA to allow for adjustment for those who entered the United

States unlawfully and meet certain U.S. residence requirements.131 Others would direct the DHS

Secretary to adjust the status of such individuals. These measures have typically also included

provisions to rescind the LPR status of those who have separated from the Armed Forces under

other than honorable conditions prior to serving for a specified period. In addition to introducing

these proposals in standalone bills, some Members proposed including enlistment expansion

provisions as an amendment to the NDAA.132

More recently, measures have been introduced that propose to expand enlistment categories and

do not include an LPR mechanism.133 Such measures would not provide a path to naturalization

for individuals who serve during peacetime because qualifying servicemembers must be LPRs to

qualify for naturalization under INA Section 328 (see the “Peacetime Provision (INA §328)”

section). Provisions that amend Title 10 enlistment categories without also amending Title 8

immigration law could potentially result in circumstances in which foreign nationals may enlist in

and serve in the U.S. Armed Forces but would not eligible for U.S. citizenship.134

127 Legislation cited in these sections is not intended to be exhaustive.

128 See, for example, Gil Guerra, “Military enlistment is in crisis. Immigrant recruitment can help,” Niskanen Center,

October 25, 2023; Margaret Stock, “What the U.S. military needs is an infusion of immigrants,” Washington Post,

Opinion, May 25, 2022; and Chishti et al., 2019.

129 See CRS In Focus IF11147, Defense Primer: Active Component Enlisted Recruiting; and David Vergun, “DOD

Addresses Recruiting Shortfall Challenges,” DOD, December 13, 2023.

130 See, for example, H.R. 2377 and H.R. 435 in the 113th Congress; H.R. 1989, H.R. 3698, and S. 2160 in the 114th

Congress; H.R. 60 in the 115th Congress; H.R. 3400 in the 116th Congress; H.R. 9052, S.Amdt. 6145, S.Amdt. 6144,

and S.Amdt. 6143 in the 117th Congress; H.R. 1451, S. 2401, and S.Amdt. 339 in the 118th Congress; and H.R. 4316

and S. 2526 in the 119th Congress.

131

INA §249; 8 U.S.C. §1259. Currently, this provision requires aliens to have entered the country prior to 1972 (there

were 40 adjustments to LPR status under this provision in FY2023, the most recent available data). Measures that

would provide LPR status through military enlistment allow an exemption to this entry date. For more information

about registry, see archived CRS Report RL30578, Immigration: Registry as Means of Obtaining Lawful Permanent

Residence.

132 See, for example, Jeremy Herb and Seung Min Kim, “Dems Consider Immigration in NDAA,” Politico, May 2,

2014; and Emma Dumain, “Rep. Denham to Continue to Push for ENLIST Act in NDAA,” Roll Call, May 19, 2014.

133 See S.Amdt. 339 and S. 2401 in the 118th Congress.

134 Congress has also recently proposed to consolidate the military naturalization provisions by striking INA Section

328 and amending INA Section 329. Under this proposal, qualifying servicemembers could naturalize without first

(continued...)

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Conversely, under the current INA Section 329 requirements (see the “Wartime Provision (INA

§329)” section), foreign nationals who would be newly eligible to serve under proposed Title 10

amendments and serve during periods of hostilities would be eligible to naturalize without having

to adjust first to LPR status.

In addition to proposals to amend Title 10, some Members have encouraged DOD to review its

existing discretionary Title 10 authority (10 U.S.C. §504(b)(2)) with regard to enlisting DACA

recipients.135

Other Members of Congress and advocates for immigration restrictions have opposed measures

that would allow the enlistment of additional categories of foreign nationals, including DACA

recipients, and have questioned whether it is appropriate to include immigration provisions in

defense legislation such as the NDAA.136 Some Members opposed the inclusion of DACA

recipients in the former MAVNI program because such individuals were unauthorized U.S.

arrivals.137 Some Members have also cited national security concerns that have been associated

with the MAVNI program (see the “MAVNI Program” section).138

As mentioned previously in the “MAVNI Program” section, after MAVNI was suspended the

FY2019 NDAA codified new security standards for individuals who enlist under 10 U.S.C.

§504(b)(2) specifying that a service secretary may not authorize more than 1,000 enlistments per

military department in a calendar year without written notice to Congress, and requires that such

an enlistee possess a “critical skill or expertise” that they will use in their “primary daily duties”

in the Armed Forces.

Addressing Veteran Removals and Facilitating Naturalization

Some Members have also introduced bills in recent Congresses addressing the removals of

servicemembers, veterans, and qualifying relatives. These bills include provisions that would

mitigate the possibility of removal for those with a military connection, establish greater

oversight of removal proceedings for such individuals, and facilitate deported veterans’ ability to

return to the United States and regularize their status.

Some bills would require DHS to establish mechanisms to identify veteran status among those

subject to removal and maintain information about noncitizen veterans that could be shared

across DHS components involved with the removal process. DHS would be required to use this

information in its decisions to commence removal proceedings. These bills would also establish

advisory committees to review removal proceedings for servicemembers, veterans, and certain

military relatives and provide recommendations to DHS regarding whether prosecutorial

being LPRs during either wartime or peacetime. See S.Amdt. 1386, §3404, in the 118th Congress and H.R. 4393, §3115

in the 119th Congress.

135

See, for example, H.Res. 468 in the 116th Congress, H.Res. 520 in the 117th Congress, H.Res. 516 in the 118th

Congress, and H.R. 4316 in the 119th Congress.

136 See, for example, Seung Min Kim, “McKeon: No ENLIST act in NDAA,” Politico, April 28, 2014; Seung Min

Kim, “Cantor to block immigration on NDAA,” Politico, May 16, 2014; Emma Dumain, “Rep. Denham to Continue to

Push for ENLIST Act in NDAA,” Roll Call, May 19, 2014; Cristina Marcos, “Divided GOP rejects allowing illegal

immigrants in the military,” The Hill, May 14, 2015; and Heritage Action for America, “ENLIST Act (H.R. 60) Claims

and Responses,” blog, June 27, 2017, https://heritageaction.com/blog/enlist-act-h-r-60-claims-responses.

137 H.Amdt. 1199 and H.Amdt. 1200 in the 114th Congress,

138 See, for example, U.S. Congress, Senate Committee on the Judiciary, Subcommittee on Immigration and

Citizenship, Oversight of Immigrant Military Members and Veterans, hearings, 117th Cong., 2nd sess., June 29, 2022

and

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discretion is warranted (i.e., whether individuals should be removed or granted relief from

removal).139

Bills have also been introduced that would provide a special designation to certain alien veterans

(i.e., those discharged under honorable conditions and who have not been convicted of certain

crimes), prohibit their removal from the United States, provide for the return of those who have

already been removed, and facilitate their naturalization or admission as LPRs.140 Certain bills

would make naturalization examinations and oath ceremonies available at U.S. ports of entry and

U.S. embassies or consulates.141 Some bills contain proposals focused on servicemembers’

qualifying relatives, including limiting their removal from the United States and facilitating their

adjustment to LPR status.142

Some Members have raised concerns about the potential of preventing the removal of or

facilitating the return of veterans who have committed serious offenses.143 For example, some

Members have raised concerns about provisions in certain bills that would provide for the

admission to the United States of eligible veterans who were removed for a serious offense that is

not considered a crime of violence. Some Members have contended that this could allow foreign

nationals to re-enter the United States who have committed other serious offenses, like drug

trafficking, which were not crimes of violence.144

Author Information

Holly Straut-Eppsteiner

Analyst in Immigration Policy

Acknowledgments

Tamar Breslauer, CRS Senior Research Librarian; Sylvia L. Bryan, CRS Research Assistant; and Tilly

Finnegan-Kennel, CRS Research Librarian, provided research assistance for this report. Brion Long, CRS

Visual Information Specialist, developed the graphic in Figure 2.

139 See H.R. 5151 in the 116th Congress; S. 5055, S. 3212, H.R. 7946, H.R. 1183, and H.R. 1182 in the 117th Congress;

H.R. 4569 in the 118th Congress; and H.R. 5535 in the 119th Congress.

140 See H.R. 4382, H.R. 4137, and S. 2265 in the 117th Congress; H.R. 717 in the 118th Congress; and S. 3144 in the

119th Congress.

141

See H.R. 6797 and S. 3227 in the 117th Congress; and H.R. 8851 and S. 4377 in the 118th Congress.

142See H.R. 8704, H.R. 2382, and S. 4526 in the 117th Congress.

143 See, for example, U.S. Congress, Senate Judiciary Committee, Immigration, Citizenship, and Border Safety

Subcommittee, Honoring Veterans and Military Families: An Examination of Immigration and Citizenship Policies for

US Military Service Members, Veterans, and their Families, 117th Cong., 1st sess., June 23, 2021; and U.S. Congress,

Senate Committee on the Judiciary, Subcommittee on Immigration and Citizenship, Oversight of Immigrant Military

Members and Veterans, hearings, 117th Cong., 2nd sess., June 29, 2022.

144 See remarks by Senator John Cornyn in response to S. 1041 in the 116th Congress, in U.S. Congress, Senate

Judiciary Committee, Immigration, Citizenship, and Border Safety Subcommittee, Honoring Veterans and Military

Families: An Examination of Immigration and Citizenship Policies for US Military Service Members, Veterans, and

their Families, 117th Cong., 1st sess., June 23, 2021.

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Disclaimer

This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan

shared staff to congressional committees and Members of Congress. It operates solely at the behest of and

under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other

than public understanding of information that has been provided by CRS to Members of Congress in

connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not

subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in

its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or

material from a third party, you may need to obtain the permission of the copyright holder if you wish to

copy or otherwise use copyrighted material.

Congressional Research Service

R48163 · VERSION 3 · UPDATED

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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