Restoring Respect For Immigrant Service in Uniform Act

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.....................................................................
(Original Signature of Member)

H. R. ll
114TH CONGRESS
2D SESSION
To amend the Immigration and Nationality Act to limit the grounds of

deportability for certain alien members of the United States Armed
Forces, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES

Mr. GALLEGO introduced the following bill; which was referred to the
Committee on llllllllllllll
A BILL
To amend the Immigration and Nationality Act to limit
the grounds of deportability for certain alien members
of 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 Restoring Respect for
5 Immigrant Service in Uniform Act.
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1
SEC. 2. READMISSION OF DEPORTED VETERANS.
(a) IN GENERAL.It is the sense of Congress that
3 the Secretary of Homeland Security should exercise the

4 Secretarys
discretion,
including
under
subsections
5 (a)(9)(A)(iii), (a)(9)(B)(v), (d)(3)(A), and (d)(5)(A) of

6 section 212 of the Immigration and Nationality Act (8
7 U.S.C. 1182) in order to admit to the United States an
8 alien who is inadmissible under such section 212, was pre9 viously subject to an order of removal or has been re10 moved, is outside of the United States, and is seeking ad11 mission to the United States, if the alien
12
(1) has been a member of the United States
13
Armed Forces for a period of not less 180 days, and
14
has not received a discharge other than an honorable
15
discharge;
16
(2) has not been convicted of
17
(A) a felony;
18
(B) a significant misdemeanor; or
19
(C) 3 or more misdemeanors that are not
20
significant misdemeanors, each of which oc-
21
curred on a different date, and arose out of sep-
22
arate conduct; and
23
(3) is not otherwise a threat to national secu-
24
rity or public safety.
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1
(b) SIGNIFICANT MISDEMEANOR DEFINED.In this
2 section, the term significant misdemeanor means a mis3 demeanor

4
(1) which is a crime of domestic violence (as
such term is defined in section 237(a)(2)(E)(i) of
the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(E)(i)));
(2) which is a sexual assault (as such term is
defined in section 40002(a) of the Violent Crime
10
Control and Law Enforcement Act of 1994 (42
11
U.S.C. 13925(a)));
12
(3) which involved the unlawful possession of a
13
firearm (as such term is defined in section 921 of
14
title 18, United States Code); or
15
(4) for which the alien was sentenced to a term
16
17
of imprisonment of longer than 90 days.

SEC. 3. LIMITING GROUNDS OF DEPORTABILITY FOR SERV-
18
19
ICE MEMBERS AND VETERANS.
Section 237 of the Immigration and Nationality Act
20 (8 U.S.C. 1227) is amended by adding at the end the fol21 lowing:

22
(e) ALIEN MEMBERS
OF THE
UNITED STATES
23 ARMED FORCES.The provisions of this section shall not

24 apply to an alien who has been a member of the United
25 States Armed Forces for a period of not less than 180
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1 days, and who has not received a discharge other than an
2 honorable discharge, except in the case of an alien who
3
(1) has been convicted of
(A) a felony;
(B) a significant misdemeanor (as such
term is defined in section 2 of the Restoring
Respect for Immigrant Service in Uniform Act);
or
(C) 3 or more misdemeanors that are not
10
significant misdemeanors, each of which oc-
11
curred on a different date, and arose out of sep-
12
arate conduct; and
13
(2) is otherwise a threat to national security
14
or public safety..
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F:\M14\GALLAZ\GALLAZ_030.

To amend the Immigration and Nationality Act to limit the grounds of

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 Restoring Respect for

5 Immigrant Service in Uniform Act.

10:08 Feb 23, 2016

SEC. 2. READMISSION OF DEPORTED VETERANS.

(a) IN GENERAL.It is the sense of Congress that

3 the Secretary of Homeland Security should exercise the

5 (a)(9)(A)(iii), (a)(9)(B)(v), (d)(3)(A), and (d)(5)(A) of

(1) has been a member of the United States

Armed Forces for a period of not less 180 days, and

has not received a discharge other than an honorable

(2) has not been convicted of

(B) a significant misdemeanor; or

(C) 3 or more misdemeanors that are not

significant misdemeanors, each of which oc-

curred on a different date, and arose out of sep-

arate conduct; and

(3) is not otherwise a threat to national secu-

rity or public safety.

10:08 Feb 23, 2016

(b) SIGNIFICANT MISDEMEANOR DEFINED.In this

2 section, the term significant misdemeanor means a mis3 demeanor

(1) which is a crime of domestic violence (as

such term is defined in section 237(a)(2)(E)(i) of

the Immigration and Nationality Act (8 U.S.C.

(2) which is a sexual assault (as such term is

defined in section 40002(a) of the Violent Crime

Control and Law Enforcement Act of 1994 (42

(3) which involved the unlawful possession of a

firearm (as such term is defined in section 921 of

title 18, United States Code); or

(4) for which the alien was sentenced to a term

of imprisonment of longer than 90 days.

ICE MEMBERS AND VETERANS.

Section 237 of the Immigration and Nationality Act

20 (8 U.S.C. 1227) is amended by adding at the end the fol21 lowing:

(e) ALIEN MEMBERS

23 ARMED FORCES.The provisions of this section shall not

10:08 Feb 23, 2016

(1) has been convicted of

(B) a significant misdemeanor (as such

term is defined in section 2 of the Restoring

Respect for Immigrant Service in Uniform Act);

(C) 3 or more misdemeanors that are not

significant misdemeanors, each of which oc-

curred on a different date, and arose out of sep-

arate conduct; and

(2) is otherwise a threat to national security

10:08 Feb 23, 2016

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