This bill allows DACA recipients to enlist in the Armed Forces and modernizes the naturalization process for non-citizens serving in the military.
Salud Carbajal
Representative
CA-24
The Fight for the American Dream Act amends eligibility requirements to allow individuals with DACA status and an employment authorization document to enlist in the U.S. Armed Forces. The bill also modernizes and streamlines the naturalization process for non-citizens serving in the military by updating relevant sections of the Immigration and Nationality Act. These changes simplify service requirements and update terminology for military naturalization benefits.
The “Fight for the American Dream Act” tackles two major policy areas, both centered on expanding opportunities within the U.S. military. First, it explicitly allows individuals with Deferred Action for Childhood Arrivals (DACA) status, evidenced by a valid Employment Authorization Document (EAD card) from USCIS, to enlist in the U.S. Armed Forces (SEC. 2). This creates a specific exception to the standard citizenship or residency requirements typically found in 10 U.S.C. § 504(b)(1), significantly widening the potential recruitment pool for the military.
For DACA recipients—many of whom have lived in the U.S. since childhood and are already working legally—this provision offers a clear pathway to military service that was previously blocked. Think of a young person who graduated high school here, maybe even went to college, and wants to serve but couldn't because of their immigration status. This bill removes that barrier, recognizing their legal presence and work authorization as sufficient for enlistment. This change is straightforward and immediately impactful, linking an existing federal document (the EAD card) directly to military eligibility.
Section 3 of the Act focuses on modernizing the naturalization process for non-citizens who serve in the military. It cleans up and streamlines the rules in the Immigration and Nationality Act. Crucially, it removes an entire section (Section 328 of Title III, Chapter 2) and updates Section 329, which governs naturalization through military service. The goal here is clarity and efficiency.
For those currently serving, this means less bureaucratic red tape. The bill updates the requirements by removing confusing language about when service must have occurred and clarifies the eligible locations for service, replacing “America Samoa, or Swains Island” with the more comprehensive “American Samoa, Swains Island, or any of the freely associated States.” It also updates the language to be gender-neutral, swapping “he” for “such person” in several places (SEC. 3).
These updates simplify the requirements for non-citizen service members applying for citizenship based on their time in uniform. For example, a non-citizen serving in the Selected Reserve or on active duty now benefits from clearer definitions regarding their service status. The bill replaces vague descriptions of separation from service with a direct reference to clear requirements in subsection (b)(3), making the process more transparent for the service member trying to navigate the citizenship application. In short, the bill makes the military a more viable path to citizenship for those who commit to serving, while also allowing a new group of legally present residents—DACA recipients—to join up.