Posted on Jul 5, 2022
Calling for faster path to citizenship for those who serve
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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
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
4th of July
Citizenship
Policy
Law
Patriotism
Posted >1 y ago
Responses: 20
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I am a member who agrees with the American Legion. They should have citizenship before they leave the military
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LTC George Morgan
That sounds good, nevertheless, I stand by my notation above that they should commit to four years of service, as anything less is insufficient.
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There should be a speedy pathway to citizenship period. There are so many other ways to serve our country other than the Armed forces.
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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.
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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!
- 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.
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SSG Matt Wilson
It’s hard for people to believe what you just educated us on…so embarrassing knowing we where that kind of military…even now undesignared get stuck working in hotels folding sheets…imagine trust to serve your country and ending up working in a navy hotel
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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.
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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.
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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.
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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.
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