S.Amdt. 6145

1. Adds SEC. ___. ENLISTMENT OF CERTAIN ALIENS AND LEGAL STATUS FOR SUCH ALIEN ENLISTEES wherever appropriate

   Adds a section

   Inserted: SEC. ___. ENLISTMENT OF CERTAIN ALIENS AND LEGAL STATUS FOR SUCH ALIEN ENLISTEES.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) In general.--Except as otherwise specifically provided, any term used in this section that is used in the immigration laws shall have the meaning given such term in the immigration laws.

   Inserted: (2) Armed forces.--The term "Armed Forces" has the meaning given the term "armed forces" in section 101 of title 10, United States Code.

   Inserted: (3) Immigration laws.--The term "immigration laws" has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).

   Inserted: (b) Enlistment in the Armed Forces for Certain Aliens.--Subsection (b)(1) of section 504 of title 10, United States Code, is amended by adding at the end the following:

   Inserted: "(D)(i) An alien who--

   Inserted: "(I) subject to clause (ii), has been continuously physically present in the United States for five years;

   Inserted: "(II) has completed, to the satisfaction of the Secretary of Defense, the same background investigation process as is required of qualified individuals seeking enlistment in an armed force;

   Inserted: "(III) meets all other standards set forth for enlistment in an armed force; and

   Inserted: "(IV) has been granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012.

   Inserted: "(ii) An alien described in clause (i) who has departed the United States during the five-year period referred to in subclause (I) of that clause shall be eligible to enlist if the alien so departed pursuant to an approved travel document.".

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   Inserted: (c) Lawful Permanent Residence for Certain Alien Enlistees of the Armed Forces.--

   Inserted: (1) Adjustment of status.--

   Inserted: (A) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General shall adjust the status of an alien to that of lawfully admitted for permanent residence if the alien--

   Inserted: (i)(I) subject to subparagraph (C), is not inadmissible under paragraph (1), (6)(E), or (8) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));

   Inserted: (II) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and

   Inserted: (III) is not barred from adjustment of status under this Act based on the criminal and national security grounds described under paragraph (2), subject to the provisions of such paragraph;

   Inserted: (ii) has taken an enlistment oath under section 502 of title 10, United States Code; and

   Inserted: (iii) has reported to and, subject to subparagraph (B), has successfully completed initial entry training.

   Inserted: (B) Medical exception.--The Secretary of Homeland Security or the Attorney General shall adjust the status of an alien to that of lawfully admitted for permanent residence an alien who meets the qualifications under clauses (i) and (ii) of subparagraph (A), but who has not successfully completed initial entry training for medical reasons, if such medical reasons are certified by the Secretary of the applicable military department.

   Inserted: (C) Waiver of grounds of inadmissibility.--With respect to any benefit under this subsection, and in addition to the waivers under paragraph (2)(C), the Secretary of Homeland Security may waive the grounds of inadmissibility under paragraph (1) or (6)(E) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest.

   Inserted: (D) Application fee.--

   Inserted: (i) In general.--The Secretary of Homeland Security may, subject to an exemption under clause (ii), require an alien applying under this subsection to pay a reasonable fee that is commensurate with the cost of processing the application, but does not exceed $495.

   Inserted: (ii) Exemption.--An applicant may be exempted from paying an application fee required under this subsection if the applicant--

   Inserted: (I) is 18 years of age or younger;

   Inserted: (II) received total household income, during the 1-year period immediately preceding the date on which the applicant files an application under this subsection, that is at or below 150 percent of the Federal poverty line; or

   Inserted: (III) is in foster care or otherwise lacks any parental or other familial support.

   Inserted: (E) Submission of biometric and biographic data; background checks.--

   Inserted: (i) Submission of biometric and biographic data.--The Secretary of Homeland Security may not grant an alien adjustment of status under this subsection unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary of Homeland Security. The Secretary of Homeland Security shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.

   Inserted: (ii) Background checks.--The Secretary of Homeland Security shall use biometric, biographic, and other data that the Secretary of Homeland Security determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this subsection. The status of an alien may not be adjusted unless security and law enforcement background checks are completed to the satisfaction of the Secretary of Homeland Security.

   Inserted: (2) Criminal and national security bars.--

   Inserted: (A) Definitions.--In this paragraph:

   Inserted: (i) Crime of domestic violence.--The term "crime of domestic violence" means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, a Tribal government, or a unit of local government.

   Inserted: (ii) Felony offense.--The term "felony offense" means an offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year.

   Inserted: (iii) Misdemeanor offense.--The term "misdemeanor offense" means an offense under Federal or State law that is punishable by a term of imprisonment of more than 5 days but not more than 1 year.

   Inserted: (B) Grounds of ineligibility.--Except as provided in subparagraph (C), an alien is ineligible for adjustment of status under this subsection if any of the following apply:

   Inserted: (i) The alien is inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).

   Inserted: (ii) Excluding any offense under State law for which an essential element is the alien's immigration status, and any minor traffic offense, the alien has been convicted of--

   Inserted: (I) any felony offense;

   Inserted: (II) 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or

   Inserted: (III) a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been--

   Inserted: (aa) a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking;

   Inserted: (bb) battered or subjected to extreme cruelty; or

   Inserted: (cc) a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)).

   Inserted: (C) Waivers for certain misdemeanors.--For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary of Homeland Security may--

   Inserted: (i) waive the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under subparagraph (B)(ii) (subject to clause (ii)); and

   Inserted: (ii) for purposes of subclauses (II) and (III) of subparagraph (B)(ii), waive consideration of--

   Inserted: (I) one misdemeanor offense if the alien has not been convicted of any offense in the 5-year period preceding the date on which the alien applies for adjustment of status under this subsection; or

   Inserted: (II) up to 2 misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this subsection.

   Inserted: (3) Rescission.--

   Inserted: (A) In general.--Section 246 of the Immigration and Nationality Act (8 U.S.C. 1256) shall apply to an alien whose status is adjusted under paragraph (1).

   Inserted: (B) Other grounds applicable.--

   Inserted: (i) In general.--The Secretary of Homeland Security may rescind the lawful permanent resident status of an alien whose status was adjusted under paragraph (1) if, during the 5-year period beginning on the date on which such status was granted, the Secretary of Defense characterizes any period of the alien's service in the Armed Forces as other than honorable, bad conduct, or dishonorable.

   Inserted: (ii) Exception.--The Secretary of Homeland Security may not rescind the lawful permanent resident status of an alien under this subparagraph based on any period of an alien's service in the Armed Forces that is uncharacterized by the Secretary of Defense.

   Inserted: (C) Proof of service characterization.--For purposes of this paragraph, proof of characterization of service in the Armed Forces shall be authenticated by the Secretary of Defense.

   Inserted: (4) Confidentiality of information.--

   Inserted: (A) In general.--The Secretary of Homeland Security or the Secretary of Defense may not disclose or use for purposes of immigration enforcement information provided in--

   Inserted: (i) documentation filed under this subsection; or

   Inserted: (ii) enlistment applications filed, or inquiries made, under section 504(b)(1)(D) of title 10, United States Code.

   Inserted: (B) Treatment of records.--

   Inserted: (i) In general.--Documentation filed under this subsection--

   Inserted: (I) shall be collected pursuant to section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"); and

   Inserted: (II) may not be disclosed under subsection (b)(7) of that section for purposes of immigration enforcement.

   Inserted: (ii) Destruction.--In the cases of individuals who attempt to enlist but do not successfully do so, the Secretary of Homeland Security and the Secretary of Defense shall destroy information provided in documentation filed under this subsection not later than 60 days after the date on which the individual concerned is denied enlistment or fails to complete basic training, as applicable, except in the case of an alien described in paragraph (1)(B).

   Inserted: (C) Referrals prohibited.--The Secretary of Homeland Security or the Secretary of Defense (or any designee of the Secretary of Homeland Security or the Secretary of Defense) based solely on information provided in an application for adjustment of status under this subsection or an enlistment application filed, or an inquiry made, under section 504(b)(1)(D) of title 10, United States Code, may not refer an individual to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection.

   Inserted: (D) Limited exception.--Notwithstanding subparagraphs (A) through (C), information provided in an application for adjustment of status under this subsection may be shared with Federal security and law enforcement agencies--

   Inserted: (i) for assistance in the consideration of an application for adjustment of status under this subsection;

   Inserted: (ii) to identify or prevent fraudulent claims;

   Inserted: (iii) for national security purposes pursuant to section 6611 of the National Defense Authorization Act for Fiscal Year 2020 (50 U.S.C. 3352f); or

   Inserted: (iv) for the investigation or prosecution of any Federal crime, except any offense, other than a fraud or false statement offense, that is--

   Inserted: (I) related to immigration status; or

   Inserted: (II) a petty offense (as defined in section 19 of title 18, United States Code).

   Inserted: (E) Penalty.--Any person who knowingly and willfully uses, publishes, or examines, or permits such use, publication, or examination of, any information produced or provided by, or collected from, any source or person under this section and in violation of this subsection shall be guilty of a misdemeanor and fined not more than $5,000.

   Inserted: (5) Rule of construction.--Nothing in this section, or an amendment made by this section, may be construed to modify--

   Inserted: (A) the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 1440-1) by which a person may naturalize through service in the Armed Forces; or

   Inserted: (B) the qualifications for original enlistment in any component of the Armed Forces otherwise prescribed by law or the Secretary of Defense.

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As printed