BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AJR 19| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AJR 19 Author: Alejo (D), et al. Amended: 6/25/15 in Assembly Vote: 21 ASSEMBLY FLOOR: 70-2, 6/25/15 - See last page for vote SUBJECT: Military service SOURCE: Author DIGEST: This resolution urges the Congress of the United States to enact legislation allowing immigrants to serve in the military if they are eligible under the Presidents Executive Order for Deferred Action for Childhood Arrivals or Executive Order for Deferred Action for Parents of Americans and Lawful Permanent Residents. ANALYSIS: This resolution makes the following legislative findings: 1)Since the end of the last United States military draft in 1973, Americans have not been obligated to enlist, and currently less than 1% of the United States population serves in the armed forces. During World War II, up to 12% of the population served 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, AJR 19 Page 2 and cultural experts, making them an essential resource to our national defense. 3)The United States Army has recently expanded its Military Accessions Vital to the National Interest program to allow immigrants with certain skills that are in demand to join the Army in exchange for expedited United States citizenship. 4)Over five million immigrants in the United States and over 1.5 million immigrants in California are eligible under the President's Executive Order for Deferred Action for Childhood Arrivals (DACA) program and Executive Order for 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. 5)Currently, an amendment to the National Defense Authorization Act 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. This resolution urges the Congress of the United States to enact legislation allowing immigrants to serve in the military if they are eligible under the President's Executive Order for Deferred Action for Childhood Arrivals or Executive Order for Deferred Action for Parents of Americans and Lawful Permanent Residents. Background 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 AJR 19 Page 3 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 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 (MAVNI) 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 1,500 recruits annually. However in April 2015, the Army announced plans to double its enlistments in the MAVNI program from 1,500 to 3,000 recruits by the end of fiscal year 2015; and to 5,000 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, 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 AJR 19 Page 4 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 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. Comments According to the Assembly Judiciary Committee, 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 AJR 19 Page 5 which they live, by enlisting and serving in the U.S. Armed Forces. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified7/1/15) None received OPPOSITION: (Verified7/1/15) None received ARGUMENTS IN SUPPORT: 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. ASSEMBLY FLOOR: 70-2, 6/25/15 AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, AJR 19 Page 6 Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Weber, Wilk, Williams, Wood, Atkins NOES: Gallagher, Harper NO VOTE RECORDED: Travis Allen, Bigelow, Beth Gaines, Jones, Melendez, Obernolte, Patterson, Waldron Prepared by: Karen Chow / SFA / (916) 651-1520 7/1/15 16:51:32 **** END ****