S.Amdt. 663

SA 663. Mr. ROUNDS (for himself and Mr. King) submitted an amendment
intended to be proposed by him to the bill S. 2226, to authorize
appropriations for fiscal year 2024 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel

[[Page S2756]]

strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1083. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.

(a) Additional Qualified Persons.--Section 504(b) of title
10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(D) A Dreamer student.''; and
(2) by adding at the end the following new paragraph:
``(4) In this subsection, the term `Dreamer student' means
an individual who--
``(A) is not a national of the United States (as defined in
section 101(a)(21) of the Immigration and Nationality Act (8
U.S.C. 1101(21)));
``(B) maintains a residence in the United States (as
defined in section 101(a)(33) of such Act (8 U.S.C.
1101(33)));
``(C)(i) is not authorized to be temporarily in the United
States under subparagraph (F), (J), (M), or (Q) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)); or
``(ii) does not have an application pending for the purpose
of seeking such authorization;
``(D)(i) possesses a valid document or documents
demonstrating that the individual is in a lawful immigration
status in the United States (excluding a nonimmigrant status
under subparagraph (F), (J), (M), or (Q) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)));
``(ii) possesses a valid document or documents
demonstrating that the individual is lawfully present in the
United States (excluding lawful presence, or a pending
application, under any of such subparagraphs);
``(iii) possesses an expired document or documents
demonstrating that the individual, in the past, was granted--
``(I) deferred action pursuant to the Deferred Action for
Childhood Arrivals policy announced by the Secretary of
Homeland Security on June 15, 2012; or
``(II) status as a son or daughter of an alien admitted as
a nonimmigrant authorized to engage in employment in the
United States (other than a nonimmigrant described in
subparagraph (A), (G), (N), or (S) of section 101(a)(15) of
such Act (8 U.S.C. 1101(a)(15));
``(iv) would have been eligible for deferred action
pursuant to the Deferred Action for Childhood Arrivals policy
announced by the Secretary of Homeland Security on June 15,
2012, if not for the court orders of the United States Court
of Appeals for the Fifth Circuit in Texas et al. v. United
States of America et al., No. 21-40680 (Oct. 5, 2022) and the
United States District Court for the Southern District of
Texas in Texas, et al., v. United States of America, et al.,
1:18-CV-00068, (July 16, 2021), and has never engaged in
conduct that would render the individual ineligible for that
relief; or
``(E) was 18 years of age or younger on the date on which
the individual initially entered the United States;
``(F) has provided a list of each secondary school that the
student attended in the United States; and
``(G)(i) has earned a high school diploma, the recognized
equivalent of such diploma from a secondary school, or a high
school equivalency diploma in the United States or is
scheduled to complete the requirements for such a diploma or
equivalent before the next academic year begins; or
``(ii) has acquired a degree from an institution of higher
education or is enrolled in a program for a baccalaureate
degree or higher degree at an institution of higher education
in the United States.''.
(b) Admission to Permanent Residence of Enlisted Persons.--
Such section is further amended by adding at the end the
following new subsection:
``(c) Admission to Permanent Residence of Certain Enlisted
Persons.--(1) Notwithstanding any other provision of law, the
Secretary of Homeland Security shall adjust the status of an
individual described in subparagraph (D) of subsection (b)(1)
to the status of an alien lawfully admitted for permanent
residence if such individual--
``(A) has completed 5 years of honorable service, and if
separated from such service, was never separated except under
honorable conditions; and
``(B) is otherwise eligible for adjustment of status under
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255).
``(2) For purposes of adjustment of status under this
subsection, a person described in paragraph (1)--
``(A) shall be considered inspected and admitted to the
United States; and
``(B) shall not be subject to paragraph (6)(A), (6)(C),
(7)(A), or (9) of section 212(a) of such Act (8 U.S.C.
1182(a)).
``(3) An individual in lawful permanent resident status
whose status was so adjusted under this subsection shall not
be eligible to submit a petition for an alien relative (other
than a spouse, child, or son or daughter).
``(4) Nothing in this subsection may be construed to modify
the process set forth in sections 328, 329, and 329A of the
Immigration and Nationality Act (8 U.S.C. 1439, 1440, 1440-1)
by which an individual may naturalize through service in the
armed forces.''.
(c) Clerical Amendments.--
(1) Section heading.--Such section is further amended by
inserting ``: citizenship or residency requirements;
exceptions'' after ``qualified''.
(2) Table of sections.--The table of sections at the
beginning of chapter 31 of title 10, United States Code, is
amended by striking the item relating to section 504 and
inserting the following new item:

``504. Persons not qualified: citizenship or residency requirements;
exceptions.''.
______