This resolution urges the Secretary of Defense to review the law governing the enlistment of aliens, specifically those with DACA status, into the Armed Forces.
Bill Foster
Representative
IL-11
This resolution expresses the sense of the House that the Secretary of Defense should review current law regarding the enlistment of non-citizens in the Armed Forces. Specifically, it calls for a review concerning the eligibility of aliens holding Deferred Action for Childhood Arrivals (DACA) status to serve.
This House resolution expresses the “sense of the House” that the Secretary of Defense needs to take a fresh look at military enlistment rules. Specifically, it asks the Secretary to review Section 504 of Title 10, U.S. Code, to determine if individuals covered by the Deferred Action for Childhood Arrivals (DACA) program should be allowed to join the Armed Forces.
For those who don't spend their weekends reading federal code (which is most of us), 10 U.S.C. 504 governs who can enlist. Generally, it requires recruits to be U.S. citizens or permanent residents. However, subsection (b)(2) allows the Secretary of a military department to authorize the enlistment of certain non-citizens if it is deemed “vital to the national interest.”
This resolution is essentially asking the Department of Defense (DoD) to use that existing authority for DACA recipients. DACA holders are non-citizens who have received employment authorization documents (EADs) under the 2012 program. If the DoD review concludes that recruiting this group is vital to national security—perhaps due to specific skill sets or to meet recruitment goals—it could open up a new pathway to service.
It’s important to understand that this resolution doesn't change the law, nor does it immediately open the floodgates for enlistment. It’s a formal request for a policy review. Think of it like a company’s board of directors asking the CEO to study the feasibility of a new product line—it’s a strong signal, but not a done deal.
For DACA recipients, many of whom have lived in the U.S. since childhood, this review represents a potential opportunity to serve the country they call home. If the review is favorable, it could provide a path to military service and potentially, eventual citizenship. For the military, which often struggles to meet recruitment targets, it could mean tapping into a pool of highly motivated, U.S.-educated individuals.
Because this is a non-binding resolution expressing the “sense of the House,” the Secretary of Defense is not legally required to act. However, a formal request from Congress carries significant weight. The resolution focuses narrowly on whether an authorization can be made under existing law (10 U.S.C. 504(b)(2)), meaning the DoD wouldn't need new legislation to move forward if the review supports the change. This keeps the focus squarely on policy analysis and national interest determination, rather than a legislative overhaul.