This bill expedites naturalization for military personnel, ensures timely family reunification, provides status adjustment relief for active duty families, and limits removal proceedings against service members and veterans.
Mike Thompson
Representative
CA-4
The Support and Defend Our Military Personnel and Their Families Act aims to improve immigration pathways for service members and their families. It facilitates expedited naturalization for those who served in contingency operations and adjusts service requirements for others seeking citizenship. Furthermore, the bill provides mechanisms for the timely reunification and status adjustment of immediate family members of active duty personnel, and establishes protective factors to consider before initiating removal proceedings against service members and veterans.
This bill, titled the Support and Defend Our Military Personnel and Their Families Act, is designed to significantly streamline the immigration process for service members and their immediate families. It focuses on making naturalization faster for veterans who served in contingency operations and creating new, direct pathways for the spouses, children, and even parents and siblings of active duty personnel to secure their legal status in the U.S. In short, it’s a major effort to reduce the stress of immigration uncertainty for those serving the country.
For service members seeking citizenship, the bill makes two key changes (Sec. 2). First, it creates an expedited path for anyone who served honorably in a contingency operation—think deployments or major missions—even if they have since separated from the service honorably. For these veterans, the service is treated as if it occurred during a Presidentially designated period, which is a big deal for speeding up the timeline for naturalization under the Immigration and Nationality Act. Second, it slightly adjusts the standard service requirement for naturalization in other areas, raising the required period of honorable service from six months to one year under sections 328(a) and 328(d). While this is a minor increase, it means those relying on shorter service periods for eligibility will now need to meet the full 12 months.
Sections 3 and 4 tackle family reunification, which is often a massive source of anxiety for military families. Section 3 adds a new category of eligibility for immigrant visas specifically for the spouses, children, sons, or daughters of an alien currently serving in the Armed Forces. This is about making sure military families aren't stuck in years-long queues waiting for a visa. Section 4 goes further, granting the Secretary of Homeland Security the authority to adjust the status of a broader range of immediate family members—parent, spouse, child, son, daughter, or minor sibling—of an eligible service member to that of a lawful permanent resident, provided they are already in the U.S. and meet most admissibility standards.
Think about a service member whose spouse is currently in the U.S. on a temporary visa or perhaps without legal status. This provision allows the family to apply for a green card without having to leave the country, which is often required under current law. This status adjustment is contingent on paying a processing fee and having an immigrant visa immediately available. Critically, this protection extends for two years after a service member's death if it resulted from a service-related injury or disease, ensuring that the surviving family doesn't lose their path to legal status due to tragedy.
Perhaps one of the most impactful changes involves protecting service members and veterans from removal proceedings (Sec. 5). The bill mandates that before the Department of Homeland Security (DHS) can issue a Notice to Appear (the first step in removal proceedings) against anyone who served honorably in the Armed Forces, the Secretary of Homeland Security must personally approve it. This isn't just a rubber stamp; the Secretary must consider several factors, including the alien's eligibility for naturalization, their military service record, and any hardship that removal would cause to the military, the service member, and their family.
Furthermore, the bill explicitly prohibits the removal of honorably serving military personnel or veterans under several specific, common grounds for deportation. This creates a significant layer of defense for veterans who might otherwise face deportation due to minor infractions or issues from their past, acknowledging their service as a crucial mitigating factor. This provision recognizes the unique commitment of military service and adds a necessary layer of protection for those who put their lives on the line.