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.....................................................................
(Original Signature of Member)
H. R. ll
114TH CONGRESS
2D SESSION
To amend title 10, United States Code, to prevent unlawful aliens from
enlisting in the United States Armed Forces, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES

Mr. GOSAR introduced the following bill; which was referred to the Committee
on llllllllllllll
A BILL
To amend title 10, United States Code, to prevent unlawful
aliens from enlisting in the United States Armed Forces,
and for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

3
SECTION 1. SHORT TITLE.
This Act may be cited as the Military Amnesty Pre-
5 vention Act.
6
SEC. 2. FINDING; PURPOSE.
(a) FINDINGS.Congress makes the following find-
8 ings:
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1
(1) The Undersecretary of Defense for Per-
sonnel and Readiness signed a memorandum entitled
Military Accessions Vital to the National Interest
Program Changes and dated September 25, 2014.
(2) The September 25, 2014 memorandum un-
lawfully expanded eligibility in the Military Acces-
sions Vital to the National Interest (MAVNI) pilot
program to include unlawful aliens.
(3) Prior to this memo, the Department of De-
10
fense never attempted to enlist aliens granted de-
11
ferred action by the Department of Homeland Secu-
12
rity pursuant to the memorandum of the Secretary
13
of Homeland Security entitled Exercising Prosecu-
14
torial Discretion with Respect to Individuals Who
15
Came to the United States as Children and dated
16
June 15, 2012.
17
(4) Department of Defense enlistment rules
18
prohibit unlawful aliens from enlisting in the Armed
19
Forces.
20
(5) MAVNI is a military pilot program intended
21
for lawful immigrants and lawful nonimmigrants ini-
22
tially approved by the Department of Defense in
23
2008.
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1
(6) The Department of Defense has stated that
the authority for the MAVNI program is found in
section 504(b)(2) of title 10, United States Code.
(7) MAVNI was intended to be a one-year pilot
program and initially began with a cap of 1,000 re-
cruits for all branches of the Armed Forces.
7
8
(8) The pilot program expired on December 21,

2009.
(9) On August 17, 2010, the Department of
10
Defense issued guidance extending MAVNI through
11
December 31, 2011.
12
(10) However, in order to assure the safety and
13
security of Department of Defense personnel, equip-
14
ment, and operations, implementation of the August
15
17, 2010 guidance was delayed until the Deputy
16
Secretary of Defense issued a memorandum entitled
17
Reinstatement of Military Accessions Vital to Na-
18
tional Interest Pilot Program and dated May 16,
19
2012.
20
(11) The May 16, 2012 memorandum extended
21
the pilot program for two years and increased the
22
cap for the pilot program to 1,500 recruits for all
23
branches of the Armed Forces.
24
(12) As a result of a request from the Army,
25
the Department of Defense in March of 2015 in-
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1
creased the cap for MAVNI to 3,000 recruits for all
branches of the Armed Forces for fiscal year 2015
and 5,200 recruits for all branches of the Armed
Forces for fiscal year 2016.
(13) The Department of Defense relies on the
United States Citizenship and Immigration Services
(USCIS) to validate self-declared recruits and
documents for unlawful aliens participating in
MAVNI.
10
(14) In fiscal year 2015, every branch of the
11
Armed Services met their enlistment goal. In fact,
12
the Army, Navy, Air Force, and Marine Corps have
13
all met their enlistment goals every year since 2003,
14
with the exception of one branch missing its target
15
in 2006.
16
(15) In recent years, approximately 80 percent
17
of individuals who have sought to enlist in the
18
Armed Forces have been rejected.
19
(16) There is currently no shortage of qualified
20
applicants for service in the Armed Forces, and the
21
Department of Defense is in the midst of elimi-
22
nating 160,000 uniformed personnel positions over a
23
nine-year period.
24
(17) MAVNI is a pilot program created by the
25
Executive Branch that allows participants to receive
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1
United States citizenship after one day of wartime
service.
(18) The Department of Defense has stated the
agencys intent to renew the MAVNI program pend-
ing a reevaluation and final decision.
(19) The changes to the program that allowed
unlawful aliens to be eligible for enlistment were
never authorized by Congress.
(20) Article I, section 8, clause 4 of the United
10
States Constitution grants Congress exclusive juris-
11
diction with regard to United States citizenship and
12
immigration matters.
13
(b) PURPOSE.It is the purpose of this Act to pre-
14 vent amnesty within the Department of Defense by

15 amending section 504(b)(2) of title 10, United States
16 Code, to ensure that unlawful aliens are not eligible to
17 enlist in the Armed Forces.
18
SEC. 3. ADMISSION AND LAWFUL STATUS REQUIRED FOR
19
ELIGIBILITY
20
STATES ARMED FORCES.
21
TO
ENLIST
IN
THE
UNITED
Paragraph (2) of section 504(b) of title 10, United
22 States Code, is amended to read as follows:

23
(2) Notwithstanding paragraph (1), the Secretary
24 concerned may authorize the enlistment of a person not
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1 described in such paragraph if the Secretary determines
2 that
3
(A) the person is an alien in a lawful immigra-
tion status who was admitted and inspected pursu-
ant to the immigration laws, as defined in section
101(a)(17) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(17)); and
8
9
(B) the enlistment of the alien is vital to the

national interest..
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F:\M14\GOSAR\GOSAR_244.

IN THE HOUSE OF REPRESENTATIVES

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Military Amnesty Pre-

SEC. 2. FINDING; PURPOSE.

(a) FINDINGS.Congress makes the following find-

10:27 Jun 21, 2016

(1) The Undersecretary of Defense for Per-

sonnel and Readiness signed a memorandum entitled

Military Accessions Vital to the National Interest

Program Changes and dated September 25, 2014.

(2) The September 25, 2014 memorandum un-

lawfully expanded eligibility in the Military Acces-

sions Vital to the National Interest (MAVNI) pilot

program to include unlawful aliens.

(3) Prior to this memo, the Department of De-

fense never attempted to enlist aliens granted de-

ferred action by the Department of Homeland Secu-

rity pursuant to the memorandum of the Secretary

of Homeland Security entitled Exercising Prosecu-

torial Discretion with Respect to Individuals Who

Came to the United States as Children and dated

June 15, 2012.

(4) Department of Defense enlistment rules

prohibit unlawful aliens from enlisting in the Armed

(5) MAVNI is a military pilot program intended

for lawful immigrants and lawful nonimmigrants ini-

tially approved by the Department of Defense in

10:27 Jun 21, 2016

(6) The Department of Defense has stated that

the authority for the MAVNI program is found in

section 504(b)(2) of title 10, United States Code.

(7) MAVNI was intended to be a one-year pilot

program and initially began with a cap of 1,000 re-

cruits for all branches of the Armed Forces.

(8) The pilot program expired on December 21,

(9) On August 17, 2010, the Department of

Defense issued guidance extending MAVNI through

December 31, 2011.

(10) However, in order to assure the safety and

security of Department of Defense personnel, equip-

ment, and operations, implementation of the August

17, 2010 guidance was delayed until the Deputy

Secretary of Defense issued a memorandum entitled

Reinstatement of Military Accessions Vital to Na-

tional Interest Pilot Program and dated May 16,

(11) The May 16, 2012 memorandum extended

the pilot program for two years and increased the

cap for the pilot program to 1,500 recruits for all

branches of the Armed Forces.

(12) As a result of a request from the Army,

the Department of Defense in March of 2015 in-

10:27 Jun 21, 2016

creased the cap for MAVNI to 3,000 recruits for all

branches of the Armed Forces for fiscal year 2015

and 5,200 recruits for all branches of the Armed