Calling for faster path to citizenship for those who serve

2022-07-05T13:07:49-04:00

On the Fourth of July, we celebrated the country’s 246th birthday — the day in 1776 that the Continental Congress adopted the Declaration of Independence — by attending fireworks displays, family gatherings, parades and other festivities.

This is also a traditional time for the U.S. Citizenship and Immigration Service (USCIS) to give a special welcome to new citizens through Independence Day-themed naturalization ceremonies.

Yet the path to citizenship is too difficult for the 25,000 noncitizens currently serving in the military and the 2.4 million Veterans of immigrant origin, Veterans and advocacy group representative testified at a late-June House oversight hearing.

The House Judiciary Committee’s Subcommittee on Immigration and Citizenship, chaired by California Democrat Rep. Zoe Lofgren, also requested testimony from senior leaders at the U.S. departments of Defense (DOD), Homeland Security (DHS) and Veterans Affairs (VA) on initiatives to support noncitizen service members and Veterans and their families and prevent Veterans from being wrongfully deported. (Some estimate that nearly 100,000 Veterans have been deported since 1996.)

Earlier this month, as part of the joint DHS-DOD-VA Immigrant Military Members and Veterans Initiative (IMMVI), which President Joe Biden established by executive order last year, the U.S. Immigration and Customs Enforcement (ICE) issued a directive for officials to consider U.S. military service by a noncitizen or their immediate family member when determining civil immigration enforcement.

DOD still hindering naturalizations, ACLU argues
But DOD has stymied the naturalization of immigrants who serve, according to a June 28 letter to Biden submitted to the subcommittee by the American Civil Liberties Union (ACLU). The letter criticized the president and DOD in particular for not rescinding a 2017 Trump administration policy that the ACLU said has slowed naturalizations for thousands of noncitizen service members.

“In the period since you took office,” the ACLU letter to Biden said, “service members have continued to report significant difficulties obtaining their certifications of honorable service and therefore in applying for naturalization.”

The letter also called on the Biden administration to drop its appeal of a district court decision that barred DOD from imposing the Trump-era preconditions on immigrant service members, which included a minimum service requirement.

Stephanie P. Miller, DOD’s director of Officer and Enlisted Personnel Policy, testified that the department is working to improve the naturalization process, including through secure virtual interviews with overseas service members seeking naturalization.

“The success of this program has recently led to offering ‘virtual’ interview and oath options to several domestic bases and installations with the U.S., which will further expedite the path to citizenship for members of the Armed Forces and their qualifying dependents,” Miller said in prepared remarks. She said DOD in June completed the 1,000th naturalization of an overseas service member.

Yet a still-confusing naturalization process leads to many of the 5,000 noncitizen immigrants who join the military each year to wrongly assume they earn citizenship automatically through service, according to testimony by the American Legion. The legion said that noncitizen service members often don’t know they have to start the naturalization process at the USCIS, and do not receive guidance from their service branch.

“The American Legion believes all noncitizen immigrant Veterans should be afforded every opportunity to complete the process toward citizenship before exiting the military,” the legion said in written testimony.

Miller said in her testimony that DOD is working to implement a requirement in the fiscal 2022 National Defense Authorization Act calling on the department to give service members proper notice of naturalization options, programs and services.

Bill would ease the naturalization process

Lofgren and a group of lawmakers introduced legislation on June 6 to do more to ease the naturalization process for active-duty service members and to prevent the deportation of Veterans.

The Veteran Service Recognition Act would direct DOD to allow noncitizen service members to file for naturalization during basic training. It would also establish a review process for noncitizen Veterans, service members and their families and create a way for deported Veterans to obtain legal permanent resident status.

“Throughout our history, immigrants have served in our military with bravery and distinction,” Lofgren said in a new release introducing the bill. “However, all too often, noncitizen Veterans … face barriers to accessing the care and benefits they’ve earned and have even been deported despite their service to our country.”

Jennifer MacDonald, VA senior adviser for Health, made clear in her testimony that the department does not consider citizenship, immigration or deportation status when determining Veterans’ eligibility for VA benefits and services.

Jan A. Ruhman, operations coordinator with National Veterans for Peace, Inc. and the Deported Veterans Advocacy Project, said the law should be changed to confer on service members the status of U.S. national when they take the oath of enlistment, a status that should be applied retroactively to service personnel who were deported.

Prospects for passage of either type of legislative fix are unclear, and so for now policies related to noncitizen service members remain in control of federal agencies operating under current law.

Some deported Veterans are coming back. A June 30 report by military.com said that DHS let 16 immigrant service members and their relatives who were deported back into the United States this year, and that four are now U.S. citizens.

Learn more

“Oversight of Immigrant Military Members and Veterans,” June 29, 2022: https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4935

“ICE to consider military service when determining civil immigration enforcement,” June 7, 2022: https://www.ice.gov/news/releases/ice-consider-military-service-when-determining-civil-immigration-enforcement

“Reps. Takano, Lofgren, Nadler, Correa, Vargas and Ruiz introduce legislation to prevent the deportation of Veterans,” June 6, 2022: https://lofgren.house.gov/media/press-releases/reps-takano-lofgren-nadler-correa-vargas-and-ruiz-introduce-legislation-prevent

Oversight of Immigrant Military Members and Veterans | U.S. House of Representatives Judiciary...

Response by SP5 Dennis Loberger made Jul 5 at 2022 9:39 PM

2022-07-05T21:39:02-04:00

I am a member who agrees with the American Legion. They should have citizenship before they leave the military

Response by LTC Jason Mackay made Jul 6 at 2022 12:10 PM

2022-07-06T12:10:29-04:00

From what I just read here: https://www.uscis.gov/military/naturalization-through-military-service

I do not see how DoD has a piece of this process except for the N426 o e small section Certifying the period of service for those currently serving. Even if there is no central office while deployed, a company commander who also can award GCMs could certify service once all other conditions are met. Recommend updating AR600-20 to reflect.

This is a USCIS process. The VA has even less of a touch point. Unclear what the legal mandate is that drops this process in DoD/VA laps.

An executive order could prevent veteran and veteran family deportations.

The N400 looks odious but even if you filled in one page a day, you’d be done in 20 days and ready to file. Provided you did everything else.

Naturalization Through Military Service

If you are serving or have served in the U.S. armed forces and are interested in becoming a U.S. citizen, you may be eligible to apply for naturalization under special provisions of the Immigration

Response by SFC Joe S. Davis Jr., MSM, DSL made Jul 10 at 2022 12:59 PM

2022-07-10T12:59:18-04:00

Sydney Glynn thanks for sharing.

Response by 1SG Private RallyPoint Member made Jul 10 at 2022 3:15 PM

2022-07-10T15:15:41-04:00

There should be a speedy pathway to citizenship period. There are so many other ways to serve our country other than the Armed forces.

Response by SGM Private RallyPoint Member made Jul 10 at 2022 6:26 PM

2022-07-10T18:26:24-04:00

There was the Military Accessions Vital to the National Interest Program (MAVNI) which was a pathway similar to what you spoke of. But the program apparently had some flaws and people were getting stuck in limbo. It was frozen then ultimately shuttered. But with adjustments, it may be viable again.

https://studyinthestates.dhs.gov/schools/additional-resources/what-is-mavni-information-for-designated-school-officials#:~:text=Military%20Accessions%20Vital%20to%20the,first%20obtaining%20lawful%20permanent%20residence.

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Response by Lt Col Charlie Brown made Jul 13 at 2022 6:29 AM

2022-07-13T06:29:47-04:00

If you serve in the military, you should be granted US citizenship

Response by SrA John Monette made Jul 13 at 2022 6:58 AM

2022-07-13T06:58:36-04:00

Citizenship should not be automatic just because you served. What if the individual is dishonorably discharged? Even if he/she receives an honorable, they still have to pass the Good Moral Character test. The process is accelerated for veterans. We at USCIS treat those application a lot differently than most other immigrant applications. The problem lies in getting the correct information out. If we could solve that problem (and we can) then service members and veterans would have a much straighter and shorter path to navigate.

Response by SFC Christopher Reising made Jul 13 at 2022 1:14 PM

2022-07-13T13:14:45-04:00

I agree that all who serve should be afforded a speedy and simplified path to citizenship. Those who have served and are serving have earned the right and privilege to be an American.

Response by LTC George Morgan made Jul 13 at 2022 3:38 PM

2022-07-13T15:38:26-04:00

A superb recognition of our, and their new country. Coming in our case from the United Kingdom, the birthplace of my family, and three of my extended family, the husband of one, and the father of two of four, born in England, when he served in the USAF, at Manston, Kent, UK. On my brother-in-law's return to the States, preparatory to his two deployments in Vietnam, he always said that his immigrant airmen, and their equivalents in all branches of the military who had served beyond four years, this, to ensure that they didn't just serve to get citizenship, should be given an expedited route to citizenship. As an immigrant myself, and a veteran of the Royal Army, I agree with his position, in part, as I feel, that four years is commitment itself.

Response by SGT Private RallyPoint Member made Jul 13 at 2022 5:23 PM

2022-07-13T17:23:17-04:00

Absolutely... and we need an updated Immigration Bill... way overdue.

Response by Deborah Gregson made Jul 14 at 2022 2:13 AM

2022-07-14T02:13:25-04:00

This would be a great first step toward reforming immigration law. It's insane that those who serve in the military aren't given aid in applying for and obtaining the citizenship they're promised. This Bill should be supported as the beginning of immigration reform.

Response by SMSgt Billy Cesarano made Jul 14 at 2022 6:49 PM

2022-07-14T18:49:03-04:00

The need for immigration to combat economic decline from inadequate population replacement is problematic. The extreme fortune of being born an American is no longer taught to today's youth as unique to this earth, quite the opposite. To combat that, we have in this country the ability to turn immigration on and off and have done so many times in the past. Emigrants from different countries should be examined on the individual level, based on the country of emigration. There are, believe it or not, countries, and therefore persons, that do not like the existence of the USA and culturally imbue their citizenry to embody those beliefs. Most truly desire a free society and a way to get to one. This is typical of many places considered non-western societies, such as the middle east where, we have had many a wonderful assimilation to citizenry and a few blood thirsty terrorist bent on our complete destruction. Western countries and societies that have absorbed large populations of legal migrants to avoid population demise must allow migrants adequate time (many, many years) in that country to fully assimilate before they or their descendants are accepted to the USA for citizenship or we start a country hopping effect. This process of reviewing applications is obviously time intensive and should be started as soon as possible, but at no time should the process be hurried for the benefit of the candidate. It can be and should be fast-tracked if in the investigation there have been no flags of any kind an documented support of dedication to the US, like abdicating all other allegiances (no dual citizenship). The entrance qualifications for legal migrants to join the US military does a good bit of the general vetting. Along with spotless community and military service, military services should provide applicants with courses, classes or online training and testing on our country's founding, formation of the constitution, composition of the federal government, states and military history of the US. With successful completion, applicants should then be fast tracked after the initial tour of duty completion. Anything else falls short of honesty and appreciation from both the candidate and our country. Maybe some of that gained knowledge will get passed on to natural born military members as well. In any case, we have strengthened our country with their addition.

Response by CWO4 Tim Hecht made Jul 15 at 2022 12:43 AM

2022-07-15T00:43:01-04:00

Sydney this my recollection from 50 years ago about Foreign Nationals in the US Military
- in addition to my 30 years of active duty I also spent 10-1/2 years on the US - Canadian Border as a Customs and Border Protection Officer.
When I was in the Navy (1070 - 1974) I served in the USS MIDWAY (CVA-41) Homeported both in Alameda, CA and Yokosuka, Japan. This was a transitional time for Citizens of the Philippines that enlisted in the Navy. Before, during, and after WWII Filipinos were allowed to enlist in the Navy but were restricted to the Steward Rating; essentially Servants for the officers. Their duties included cleaning Officer’s Staterooms and heads, ensuring that the officers they were assigned to had clean, pressed uniforms, shined shoes, proper haircuts, and that their meals were prepared and. Served. Almost sounds like they were personal servants to the officers but wait 1 minute - servants were not allowed by Title 10, U.S. Code. (https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleD-partII-chap849-sec8639).
I joined the Navy and went to Boot Camp in San Diego In July 1970. While there the first “All Filipino Citizen” CompNy went through boot camp at the same time. They represented “change” - they were all enlisted as members of the SeaBees - Iron Workers, Electricians, Plumbers, Carpenters, Heavy Equipment Operators, Builders, Pipefitters, Etc. One “Important Thing to Remember” was (and probably still is) that a Filipino Candidate for Enlistment into the US Armed Forces, was far more qualified to enlist they were the Creme de la Creme; the absolute top candidates. Competition for the limited jobs was stiff. Most enlistees had College Degrees and more then qualified; their enlistment requirements were much more stringent then for a U S Citizen enlisting for the same rating.

- Sydney sorry for the long introduction to my point but necessary -

During their first enlistment it was my understanding that in order to remain on Active Duty beyond that enlistment (and extensions) that the member had to apply and be conditionally granted citizenship. This may have also included becoming a Lawful Permanent Resident.

Here is a link to the current US Immigration Policy about Naturalization through Military Service: https://www.uscis.gov/military/naturalization-through-military-service

Hopefully this will answer more questions then creating more!

Official Publications from the U.S. Government Publishing Office.

Response by PO1 Sam Deel made Jul 17 at 2022 1:34 PM

2022-07-17T13:34:55-04:00

I will be the naysayer here and oppose this measure. While it is admirable of those foreign nationals that choose to Serve our Nation, Citizenship should NEVER be bestowed. Does the Military bestow Rank and Privilege as a a matter of fact? Of course not. The French, during their ancien régime (prior to the French Revolution), bestowed Rank and Privilege upon Officers based on their Familial connections and place in society. As such, the French Military could not even defeat the British, till they joined forces with the American Colonists against England. Citizenship must be earned, not handed out as political favors or self-serving interests of individual groups. To do otherwise, weakens that bond which ties all Americans together.

Another feather in the cap Right now, the politicians hand out citizenship to anyone born within our Borders, Air Space or Territorial Waters. However, this is not granted to those on political or Military missions within the US. Therefore, it is not an absolute. Few Americans realize the major crux to this type of "birth" citizenship. For one, that child is born with dual-citizenship. A Citizen born child is not. A child born to foreign nationals, in this modern America, is most likely to be raised in a Family of non-citizens and in a household, that is either apathetic towards assimilation or downright hostile towards it. The public education system is all that stands to ensure that these Children become an integral part of our American Experiment, not antithetical jurors. Unfortunately, we have seen self-serving political interests who cry for Open Borders and easy citizenship, almost completely erode that system. No longer is the Pledge of Allegiance welcomed. US Government education is an afterthought. US History and Culture under assault, historical Leaders, assassinated. Spanish, along with Arabic in some places, being thrust upon the students with the same brevity of English. One of our former Commander in Chiefs once stated that English is the tie that binds and it is the duty of every new citizen to master it.

I Served with many foreign nationals in the Navy. Most, if not all, earned their US Citizenship. what I can agree with is that there is a higher standard placed upon these individuals than those who come to the US by any other means. If you read the Combined Federal Regulations on the subject, you will see that the US Attorney General has the legal authority to bypass Immigration Law by their discretion. As such, the legal rules of obtaining US Citizenship have been diminished to outright subverted under this pretext. In fact, we have numerous individuals that have "earned" US Citizenship without being able to read, write or speak English, whatsoever. They are allowed to have an interpreter, even for the Citizenship Test. With mass Citizenship swearing in ceremonies, they don't even have to make that Pledge of Allegiance. They can just stand there. Now couple this with the fact that dual-citizenship (once illegal), there are persons in the US who have citizenship, yet pledged no loyalties to this Nation and/or hold the interests of a foreign government above that of America.

All of these issues on citizenship are directly related. They must be scrutinized as an entire subject on the matter, as they are inextricably connected. It is the Duty of all Americans to protect the sanctity of Citizenship, in order for, this Nation to remain strong, not divided.

Response by A1C Leslie Peer made Jul 26 at 2022 4:30 PM

2022-07-26T16:30:15-04:00

I thought you had to be a us citizen to serve active duty

Response by SSG Adrian Walker made Jul 27 at 2022 10:44 PM

2022-07-27T22:44:19-04:00

I personally know how rough it is to get your citizenship, I happened to receive my letter from I.N.S. as I was getting ready for my 2nd deployment to Iraq. I called them and the lady on the phone said that I would either have to cancel my flight ( like that was an option) or wait for another 5 years. I just hung up and went to my C.O and explained, he made 2 calls and the next thing I was on a hop to D.C. I was interviewed and asked 10 questions about the country that I had to get right from a book they never sent me to study, I passed and was the only person who was given citizenship then and there, no ceremony, I didn't care I was out the door and out country for another year.

Response by SPC Russell Nixon made Aug 11 at 2022 7:49 PM

2022-08-11T19:49:23-04:00

True patriotism is always distrusting a government that undermines it's citizenry. 1996 was when Bill Clinton signed the very laws everyone wants to change--election season must be around the corner.

Didn't one also gain citizenship AFTER their term of civil servitude? Oh well, I do know the constitution was ratified in 1788-89 under the Lee Resolution which resulted in our articles that outlined a foundation for civil justice soon thereafter changed to Amendments.

Unfortunately, that's not what rights are nor how they work.

Response by SSG Matt Wilson made Aug 17 at 2022 7:13 PM

2022-08-17T19:13:10-04:00

Last time I checked it’s done for some prior to enlisting and they get it quickly unless they fail make the 4 or 5 year service obligation so that number of deportation is misleading….also in is simple to do, my
Wife got her naturalization within a year or so of joining. Even deployed it can get done to some degree…even when one of guys got captured and murdered, his wife who wasn’t a citizen got helped out quickly…seems like this is just a uninformed knock on the services….well I know the Army makes it a priority…if the rest of the branches are slacking it’s on the chain of command and nco support channel failing them

Response by SPC Jason Hurst made Sep 14 at 2022 8:55 AM

2022-09-14T08:55:27-04:00

Citizenship is ridiculous to obtain for most people. Anyone who's willing to serve in our armed forces should be automatically granted citizenship upon ets without any cost. There'd be a lot more tax payers and less people living off of the government if they were granted an easier path to citizenship.

Response by Cpl James Pedersen made Sep 17 at 2022 8:24 AM

2022-09-17T08:24:20-04:00

Citizenship should be fast tracked after receiving and honorable discharge; However, folks still need to vetted because nowadays we have cartel members joining the military to obtain combat skills to bring back to the cartels.

Response by CPT Private RallyPoint Member made Sep 17 at 2022 3:52 PM

2022-09-17T15:52:53-04:00

I agree with reservations. Not to the primary goal of the bill, but to all the bad idea's that could find themselves attached to the bill prior to its passing.

Response by SFC Kevin Childers made Aug 21 at 2023 6:15 PM

2023-08-21T18:15:07-04:00

I never considered this until they had us do the Top Down check of security clearances while I was in 1/10 SFG(A) in Bad Tölz. A large percentage of our senior (E-8 & 9) NCOs were not citizens despite 20(+) years of service, years of combat service and held high level security clearances. We got plenty of queries about them, but it seems no body really cared about where the came from when it came time to fight.