HR 5535
Veteran Service Recognition Act of 2025
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Bill overview
The Veteran Service Recognition Act of 2025 aims to improve the treatment of noncitizen veterans and their families within the U.S. immigration system. It directs the Department of Homeland Security to establish a system for identifying noncitizen veterans, conduct a study on removed noncitizen veterans, and create an advisory committee to review removal cases. The bill also seeks to streamline the naturalization process for eligible noncitizen veterans and their immediate relatives of U.S. service members or veterans.
Key provisions
- Conduct a study on noncitizen veterans removed from the U.S. since 1990, collecting detailed data on their service and removal reasons.
- Establish a system for identifying noncitizen veterans and maintaining related information.
- Create a Military Family Immigration Advisory Committee to review removal cases and recommend alternative actions.
- Implement a program to facilitate naturalization for eligible noncitizen veterans.
- Expand eligibility for adjustment of status for immediate relatives of U.S. citizen service members or veterans.
- Require U.S. Immigration and Customs Enforcement personnel to receive training on identifying noncitizen veterans.
- Require Homeland Security to consider veteran status in removal proceedings.
- Establish a protocol for identifying noncitizen veterans who are or may be veterans.
Who is affected
- Noncitizen veterans
- Noncitizen former members of the Armed Forces
- U.S. Immigration and Customs Enforcement
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Aumua Amata Coleman [R-AS-At Large] Radewagen
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119th CONGRESS — 1st Session
H. R. 5535
IN THE HOUSE OF REPRESENTATIVES
A BILL
To provide benefits for noncitizen members of the Armed Forces, and for other purposes.
This Act may be cited as the Veteran Service Recognition Act of 2025
.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly carry out a study on noncitizen veterans and noncitizen former members of the Armed Forces who were removed from the United States during the period beginning on January 1, 1990, and ending on the date of the enactment of this Act, which shall include the following:
The number of noncitizens removed by U.S. Immigration and Customs Enforcement or the Immigration and Naturalization Service during the period covered by the report who served in the Armed Forces for an aggregate period of more than 180 days.
For each noncitizen described in paragraph (1)—
the country of nationality or last habitual residence of the noncitizen;
the total length of time the noncitizen served as a member of the Armed Forces;
each ground on which the noncitizen was ordered removed under section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) or section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), as applicable; and
whether the noncitizen appealed the removal order to the Board of Immigration Appeals.
The number of noncitizens described in paragraph (1) who were discharged or released from service under honorable conditions.
A description of the reasons preventing any of the noncitizens who applied for benefits described in paragraph (3)(F) from receiving such benefits.
Not later than 90 days after the date of the completion of the study required under subsection (a), the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly submit a report containing the results of such study to the appropriate congressional committees.
a system for maintaining information about noncitizen veterans identified pursuant to the protocol created under paragraph (1) and information provided by the Under Secretary of Defense for Personnel and Readiness under section 4(d).
The Secretary of Homeland Security shall ensure that, in the case of any noncitizen veteran who is potentially removable, and in any removal proceeding against such a noncitizen veteran, information available under this system is taken into consideration, including for purposes of any adjudication on the immigration status of such veteran.
Beginning in the first fiscal year that begins after the Secretary of Homeland Security completes the requirements under subsection (a), personnel of U.S. Immigration and Customs Enforcement shall participate, on an annual basis, in a training on the protocol developed under this section.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an advisory committee, to be known as the Military Family Immigration Advisory Committee
, to provide recommendations to the Secretary of Homeland Security on the exercise of discretion in any case involving removal proceedings for—
a member of the Armed Forces;
a veteran; or
a covered family member.
The Advisory Committee shall be composed of 9 members, appointed by the Secretary of Homeland Security.
Not later than 30 days after the Advisory Committee identifies or is notified about the case of an individual described in subsection (a), the Advisory Committee shall meet to review the case and to provide a written recommendation to the Secretary of Homeland Security on whether—
an exercise of discretion is warranted, including—
termination of removal proceedings;
parole;
deferred action;
a stay of removal;
administrative closure; or
authorization to apply for any other form of relief; or
to continue seeking the removal of such individual.
An individual who is the subject of a case review under paragraph (1) may submit information to the Advisory Committee, and the Advisory Committee shall consider such information.
with respect to a member of the Armed Forces, whether the individual—
was an enlisted member or officer of the Armed Forces;
received a medal or decoration, was deployed, or was otherwise evaluated for merit in service during his or her service in the Armed Forces;
is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces; or
contributed to his or her local community during his or her service in the Armed Forces;
with respect to a veteran, whether the individual—
completed a period of service in the Armed Forces and was discharged under conditions other than dishonorable;
is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces of another country; or
contributed to his or her local community during or after his or her service in the Armed Forces; and
with respect to a covered family member, whether the individual—
supported a member of the Armed Forces serving on active duty or a veteran, including through financial support, emotional support, or caregiving; or
contributed to his or her local community during or after the military service of the member or of the veteran.
In conducting each case review under paragraph (1), the Advisory Committee shall consider, as a factor requiring a recommendation under paragraph (1)(B), whether the member of the Armed Forces, veteran, or covered family member has been convicted of 5 offenses for driving while intoxicated (including a conviction under the influence of or impaired by alcohol or drugs), unless the conviction is older than 25 years.
The Under Secretary of Defense for Personnel and Readiness shall provide detailed briefings to the Advisory Committee regarding the service of a noncitizen veteran when that individual’s case is being considered by the Advisory Committee.
Not less frequently than quarterly, the Secretary of Homeland Security shall provide detailed briefings to the Advisory Committee regarding actions taken in response to the recommendations of the Advisory Committee, including detailed explanations for any cases in which a recommendation of the Advisory Committee was not followed.
Notwithstanding any other provision of law, an individual described in subsection (a) may not be ordered removed until the Advisory Committee has provided a recommendation with respect to that individual to the Secretary of Homeland Security.
The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall jointly implement a program to ensure that—
eligible noncitizenmeans a noncitizen who serves or has served in the Armed Forces of the United States during any period that the President by Executive order designates as a period during which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force.
The Secretary of Defense shall ensure that appropriate members of the Judge Advocate General Corps of each Armed Force receive training to function as liaisons with U.S. Citizenship and Immigration Services with respect to applications for citizenship of noncitizen members of the Armed Forces.
The Secretary of Defense shall ensure that all recruiters in the Armed Forces receive training regarding—
the steps required for a noncitizen member of the Armed Forces to receive citizenship;
limitations on the path to citizenship for family members of such individuals; and
points of contact at the Department of Homeland Security to resolve emergency immigration-related situations with respect to such individuals and their family members.
Any person who has served honorably as a member of the Armed Forces of the United States in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), and who, if separated from the Armed Forces, was separated under honorable conditions, may be naturalized as provided in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as though the person had served during a period designated by the President under such section.
Section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended—
in subsection (a), by striking six months
and inserting one year
; and
in subsection (d), by striking six months
and inserting one year
.
The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall ensure that there is stationed or employed at each Military Entrance Processing Station—
an employee of U.S. Citizenship and Immigration Services; or
in the case that the Secretary determines that it is impracticable to station or employ a person described in paragraph (1) at a Military Entrance Processing Station, a member of the Armed Forces or an employee of the Department of Defense—
whom the Secretary determines is trained in the immigration laws; and
who shall inform each military recruit who is not a citizen of the United States processed at such Military Entrance Processing Station regarding naturalization through service in the Armed Forces under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439–1440).
In determining whether a waiver described in paragraph (1) is in the public interest, the Secretary of Homeland Security shall consider factors including the noncitizen’s service in the Armed Forces, and the recency and severity of any offense or conduct that forms the basis of a finding of inadmissibility under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall, by rule, establish procedures to carry out this section.
Individuals who are granted lawful permanent residence under this section shall not be subject to the numerical limitations under section 201, 202, or 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, or 1153).
A noncitizen who appears to be prima facie eligible for lawful permanent resident status under this section shall be given a reasonable opportunity to apply for such status. Such noncitizen shall not be removed from the United States until a final administrative decision establishing ineligibility for such status is rendered.
A noncitizen present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for lawful permanent resident status under this section. Such noncitizen shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary of Homeland Security approves the application, the Secretary shall notify the Attorney General of such approval, and the Attorney General shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted.
In this Act:
The term Advisory Committee means the Military Family Immigration Advisory Committee established pursuant to section 4.
The term appropriate congressional committees means—
the Committee on Armed Services of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on the Judiciary of the Senate;
the Committee on Veterans’ Affairs of the Senate;
the Committee on Armed Services of the House of Representatives;
the Committee on Homeland Security of the House of Representatives;
the Committee on the Judiciary of the House of Representatives; and
the Committee on Veterans’ Affairs of the House of Representatives.
The term Armed Forces has the meaning given the term armed forces in section 101 of title 10, United States Code.
The term covered family member means the noncitizen spouse or noncitizen child of—
a member of the Armed Forces; or
The term immigration laws has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
The term noncitizen means an individual who is not a citizen or national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))).