BILL ANALYSIS Ó
AJR 19
Page 1
Date of Hearing: June 23, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AJR 19
(Alejo) - As Introduced May 27, 2015
SUBJECT: MILITARY SERVICE
KEY ISSUE: SHOULD THE LEGISLATURE URGE CONGRESS TO ALLOW
IMMIGRANTS WHO ARE ELIGIBLE UNDER THE PRESIDENT'S EXECUTIVE
ORDERS FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS OR DEFFERRED
ACTION FOR PARENTS OF AMERICANS AND LAWFUL PERMANENT RESIDENTS
TO SERVE IN THE U.S. MILITARY?
SYNOPSIS
Since the September 11th attacks, more than 53,000 immigrants
have enlisted in the U.S. military and have received wartime
military naturalization. Federal legislation is necessary to
grant undocumented immigrants the opportunity to serve the
country in which they live, by enlisting and serving in the U.S.
armed forces. In this resolution, the Legislature urges
Congress to allow immigrants who are eligible under the
President's Executive Orders for Deferred Action for Childhood
Arrivals (DACA) and Deferred Action for Parents of Americans and
Lawful Permanent Residents (DAPA) programs to serve in the U.S.
military. There is no known opposition to this resolution.
SUMMARY: Urges Congress to allow immigrants who are eligible
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under the Deferred Action for Childhood Arrivals (DACA) and
Deferred Action for Parents of Americans and Lawful Permanent
Residents (DAPA) to serve in the military. Specifically, this
measure makes the following findings:
1)Since the end of the last draft in 1973, Americans have not
been obligated to enlist in the U.S. armed services. During
World War II up to twelve percent of the population served in
the armed forces, but currently less than one percent of the
U.S. population serves in the armed forces.
2)Thousands of immigrants have served and continue serving in
vital military roles, including intelligence, information
operations such as foreign language translators, interpreters
and cultural experts, making them an essential resource to our
national defense.
3)The U.S. Army has recently expanded its Military Accessions
Vital to the National Interest (MAVNI) program to allow
immigrants with certain in-demand skills to enlist in exchange
for expedited U.S. citizenship.
4)Since 2009, over 14,500 U.S. military personnel on active duty
in our armed forces are immigrants who are not U.S. citizens;
and since the September 11th attacks, more than 53,000
immigrants have enlisted in the U.S. military and have
received wartime military naturalization.
5)One of the first casualties of the U.S. intervention in Iraq
was an immigrant from Guatemala who had a green card, Lance
Cpl. Jose Gutierrez, who was granted American citizenship
posthumously. Subsequently, more than 100 immigrant soldiers
have been granted posthumous citizenship after dying in
defense of the U.S. during combat in Iraq and Afghanistan.
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6)As of 2008, the highest percentage of foreign-born U.S.
military personnel was from Latin America and the Caribbean,
with 39 percent originating from Latin America and 36 percent
from Asia.
7)Over 5 million immigrants in the U.S. and over 1.5 million
immigrants in California are eligible under the President's
Executive Orders for DACA and DAPA programs and could, at the
appropriate age, join the military in defense of their nation.
8)Recently, an amendment to the National Defense Authorization
Act (NDAA) that would allow some young immigrants with DACA
status to serve in the military was passed out of the House
Armed Services Committee with bipartisan support.
EXISTING LAW:
1)Provides that a person may be enlisted in the armed force only
if the person is one of the following:
a) A national of the United States, as defined in the
Immigration and Nationality Act.
b) An alien who is lawfully admitted for permanent
residence, as defined in the Immigration and Nationality
Act. (10 U.S.C. Section 504(b)(1).)
2)The Secretary of the Defense may authorize the enlistment of a
person not described in # 1), above, if the Secretary
determines that such enlistment is vital to the national
interest. (10 U.S.C. Section 504(b)(2).)
FISCAL EFFECT: As currently in print this measure is keyed
non-fiscal.
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COMMENTS: According to the author:
Currently, undocumented immigrants are not allowed to
enlist in our U.S. Armed Forces. Over 5 million
immigrants in the United States and over 1.5 million
immigrants in California are eligible under the
President's Executive Orders for Deferred Action for
Childhood Arrivals program and Deferred Action for
Parents of Americans and Lawful Permanent Residents
program and could, at the appropriate age, join the
military in defense of their nation.
The majority of immigrants covered by the President's
Executive Orders . . . are Americans for all intents
and purposes, and all this resolution requests is that
Congress give them the opportunity to serve their
country in the Armed Forces.
The History of Immigrants Serving in the United States Military.
To most people who have some knowledge of U.S. history, it is a
known fact that foreigners have fought in the American military
since French and Polish-born soldiers assisted George Washington
in winning the Revolutionary War. Accordingly, a 2009 report by
Retired Lieutenant Colonel Margaret Stock, Essential to the
Fight: Immigrants in the Military Eight Years After 9/11, states
that ever since the Revolutionary War, immigrants have been
eligible to enlist in the U.S. military and have done so with
great distinction. Many immigrants have gone on to win this
nation's highest military decoration, the Congressional Medal of
Honor. Two examples of immigrants who have served in the U.S.
military and achieved great honors in the process are Alfred
Rascon, an undocumented immigrant from Mexico, and John
Shalikashvili, who came to the U.S. from Poland shortly after
World War II. These two men are exemplary examples of the
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contributions immigrants can make to the U.S. both during and
after serving in the U.S. military. Alfred Rascon won the Medal
of Honor during the Vietnam War and eventually became the
Director of the Selective Service. John Shalikashvili
eventually served as the Chairman of the Joint Chiefs of Staff.
(Margaret D. Stock, Essential to the Fight: Immigrants in the
Military Eight Years After 9/11, Immigrant Policy Center Special
Report, November 2009.)
The Military Accessions Vital to the National Interest Program
is Limited in the Number of Immigrants it can Help Attain
Citizenship. In September 2014, the Pentagon publicly announced
that the MAVNI program would accept applications from
undocumented immigrants, if they qualified as "Dreamers."
Dreamers are young people who entered this country illegally,
have lived most of their lives in America, have graduated from
high school or earned a GED, and have maintained a clean legal
record. Enlistment in the MAVNI program has been limited to
1500 recruits annually. However in April 2015, the Army
announced plans to double its enlistments in the MAVNI program
from 1500 to 3000 recruits by the end of fiscal year 2015; and
to 5000 recruits in fiscal year 2016.
The current MAVNI program criteria requires that an applicant,
at the time of his or her enlistment: 1) must qualify under one
of 19 non-immigrant categories, have Asylee, refugee, or
temporary protected status (TPS), or be eligible under DACA; 2)
must legally reside in the U.S. for at least two years prior to
joining the Army (excluding DACA applicants); 3) must have a
high school diploma; 4) must have a qualifying score on the
Armed Forces Qualification Test; and 5) must have a proficiency
in his or her native language. The in-demand skills currently
being sought for applicants to the MAVNI program include
proficiency in more than one language or specific medical
specialties. The program is currently recruiting applicants
with proficiency in at least two of 49 languages, including such
rare languages as Cebuano, Igbo, and Uzbek. The MAVNI program
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is also recruiting in a number of medical specialties, including
rare specialties such as otolaryngologist, entomologist, and
prosthodontist.
(http://www.goarmy.com/benefits/additional-incentives/mavni.html.
)
Pending Federal Legislation Encourages Military Eligibility for
Persons Eligible Under DACA. Arizona Rep. Ruben Gallego serves
on the House Armed Services Committee and has successfully
pushed for amendment language to be included in the 2015
National Defense Authorization Act (NDAA). This amendment
requires the Secretary of Defense to review 10 U.S.C. Section
504(b)(1) for the purposes of making a determination and
authorization whether or not to allow the enlistment of persons
with employment authorization under the DACA program, into the
Armed Forces. The amendment passed out of the House Armed
Services Committee with bipartisan support, but final approval
is far from guaranteed. More than two dozen House Republicans,
led by Alabama Rep. Mo Brooks, have threatened to oppose the
$612 billion defense authorization bill if the immigration
provision is not stripped from the bill. On June 18, 2015, the
U.S. Senate passed its version of NDAA, without an immigration
provision. Both versions of NDAA must be reconciled by Congress
before the final version can proceed to the president's desk for
signature or veto.
The U.S. Military Has Granted Citizenship to Soldiers
Posthumously. There are many soldiers who have died in military
service to our country, even though they had not been granted
U.S. citizenship before their deaths. In 2002, President George
W. Bush proclaimed in an Executive Order that all immigrants who
have served honorable on active duty in the armed forces after
September 11, 2001, would be eligible to apply for expedited
U.S. citizenship. (Executive Order No. 13269, 67 FR 45287 (July
8, 2002).) As a result, more than 53,000 immigrants have taken
advantage of this expedited citizen provision to become U.S.
citizens as of October 2009. As a result of this executive
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order, more U.S. citizenships were granted under INA Section
329A, 8 U.S.C. Section 1440-1, the federal statute that allows
citizenship to be granted to immigrants who die on active duty
during periods of conflict.
One of the most well-known soldiers to die in military service
without attaining U.S. citizenship is Lance Cpl. Jose Gutierrez,
who was one of the first service members to die during Operation
Iraqi Freedom on March 21, 2003. His life story was broadcast
internationally after his death because of the fact that he was
killed while fighting for the U.S. military, but had never been
granted U.S. citizenship (he immigrated illegally from Guatemala
at the age of 22, but was able to secure a green card). He is
now regarded as a national hero who symbolizes the heroism and
sacrifice of non-citizens who are willing to give their lives in
service to a country that they love even if they are not
citizens. He was granted American citizenship posthumously.
(www.cbsnews.com/news/the-death-of-lance-cpl-gutierrez.)
According to an Immigration Policy Center fact sheet, as of
"mid-2009, more than 119 immigrant military members had earned
their citizenship posthumously after dying in combat in
Afghanistan and Iraq." (Immigration Policy Center America's
Voice Education Fund, Immigration and the Military, September
2010.)
Previous Related Legislation. SJR 13 (Florez), Res. Ch. 19,
Stats. of 2003 urged the President and Congress to amend federal
selective service and immigration laws to grant the right of
citizenship to any and all immigrants who honorably serve in the
military.
REGISTERED SUPPORT / OPPOSITION:
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Support
None on file
Opposition
None on file
Analysis Prepared by:Khadijah Hargett / JUD. / (916) 319-2334