Clearing the Air on Immigrants, the Military, and Deferred Action

Clearing the Air on Immigrants, the Military, and Deferred Action

laprogressive
By Michele Waslin

President Obama’s June 15 announcement on deferred action for DREAMers raised a number of questions about what it means and how it will be administered. One of the biggest questions is regarding military service. According to the DHS memo, among those eligible to be granted deferred action are an individual who is an “honorably discharged veteran of the Coast Guard or Armed Forces of the United States.”Then, during his speech to NALEO, GOP presidential candidate Mitt Romney stated that he would support a path to legal residency for “those who have risked their lives in defense of America.” The language of the DHS memo compounded by Romney’s remarks led some to believe that undocumented immigrants could serve in the military and therefore qualify for deferred action or some sort of legalization program. But this is not the case.

There are serious questions about whom and how many would qualify for deferred action through the military route. Some suggested that as many as 30,000 people would qualify. However, in reality, the answer is closer to zero.

The U.S. military does not knowingly allow unauthorized immigrants to serve. According to Margaret Stock, author of Immigration Law and the Military, U.S. law limits military enlistments to US citizens; US nationals; lawful permanent residents; certain lawfully present persons from Palau, Micronesia, and the Republic of the Marshall Islands; and certain other persons whose enlistment has been determined by a Service Secretary to be “vital to the national interest.”

There may be a few undocumented immigrants who served in the military when the system for checking documentation was more lenient. However, they are likely to be over 31 years old and therefore ineligible for deferred action. Furthermore, non-citizens who have served in the military since September 11, 2001 are automatically eligible to naturalize and therefore generally don’t need deferred action.

The Obama administration has acknowledged that “few, if any, individuals will fall into this category.” The 30,000 number, instead, refers to the estimated number of immigrants who would join the military and qualify for legal status under the DREAM Act. Unlike deferred action, if it were to pass, the DREAM Act would grant conditional residence to qualified immigrants who could then join the military or go to college and earn permanent lawful residence.

According to Stock, there may be a handful of people who would qualify for deferred action under the June 15 announcement–for example a person who joined the military before 9/11, did not naturalize, was honorably discharged, lost his immigration status, and is still not 31 years old–but these are few and far between. Non-citizens who served in the military, were honorably discharged, and have questions about whether they qualify for deferred action should contact an immigration attorney.

source: Clearing the Air on Immigrants, the Military, and Deferred Action

RELATED ILLEGALS AND THE U.S. MILITARY ..

Shift leads to confusion on status within military

THIS STORY APPEARED IN
http://articles.boston.com/images/image-bg.gif

June 23, 2012

WASHINGTON — President Obama’s decision last week to immediately halt the deportation of certain young illegal immigrants generated widespread joy and relief among the undocumented and their advocates.

But the major policy shift, which Obama said included those who have served in the military, also stirred confusion. Mitt Romney did not help matters Thursday when he, too, said he would support a path to legal residency for “those who have risked their lives in defense of America.”

One thing is clear: The military will not knowingly allow illegal immigrants to serve.

“Unless the current law were to be changed, or an individual were declared by the services to be vital to the national interest, the services are not permitted to enlist illegal immigrants,” said a Department of Defense spokesperson, who did not know why Obama had included military service as a condition.

An official with the Department of Homeland Security acknowledged that “few, if any, individuals will fall into this category” that Obama referred to last week.

The official said that the department chose to include undocumented servicemen and women “out of an abundance of caution” to ensure that those who may have lost their legal status while enlisted would be covered. The new policy would grant two-year work permits to young immigrants who qualify instead of deporting them.

The president appeared to clarify his earlier statement during a speech Friday to a group of Latino government officials, lamenting that current immigration law “denies innocent young people the chance to . . . serve in the uniform of the country they love.”

A Romney spokesperson said the former Massachusetts governor would favor legislation that would allow illegal immigrants to enlist in the military as a path toward permanent residency, but the spokesperson did not specify whom Romney was referring to in Thursday’s address to the same group of Latino officials.

Illegal immigrants have managed to get into the military using fake papers .

“A lot of these undocumented youth grew up and educated themselves feeling American,” said Antonio Albizures-Lopez, a 21-year-old undocumented immigrant from Guatemala whose parents brought him to the United States when he was 1. Lopez, a community college student in Rhode Island, said he knows of several friends who are illegal immigrants currently enlisted in the military. “A lot of them take a patriotic sentiment to being an American and they want to serve the country in which they grew up.”

source: Shift leads to confusion on status within military - Boston.com

RELATED CITIZENSHIP REQUIREMENTS ..

US Military Enlistment Standards


By Rod Powers, About.com Guide

In order to join the US Military, you must either be a US citizen, or you must be a legal permanent immigrant, physically living in the United States, with a green card. The US military cannot and will not assist with the immigration process. If you are not a US citizen, you must legally and permanently immigrate to the United States first, via the regular immigration procedures and quotas, establish a residence, and then (if you meet the other qualifying criteria), visit a military recruiter's office and apply for enlistment.

For enlistment purposes, citizens of the United States include citizens of: Guam, Puerto Rico, The U.S. Virgin Islands,The Northern Marianas Islands, American Samoa, The Federated States of Micronesia, and The Republic of the Marshall Islands.

Not all legal immigrants may be eligible to enlist. Applicants who have been residents of countries considered hostile to the interests of the United States require a waiver. See your local recruiter for the most current list of countries considered hostile to the interests of the United States.

While non-citizens may enlist, they will find their job choices extremely limited. DOD policy prohibits granting security clearances to non-U.S. Citizens. Therefore, non-Citizens. who enlist in the United States military will be limited to those jobs which do not require a security clearance.

For legal immigrants who do enlist, there are accelerated citizenship procedures for non-citizens on active duty. For details, see our article, Becoming a Citizen in the US Military.

source: US Military Enlistment Standards -- Citizenship

ADDED TO ALIPAC HOMEPAGE News with amended title ..

http://www.alipac.us/content.php?r=7...eferred-Action

Quote:

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Originally Posted by HAPPY2BME

RELATED CITIZENSHIP REQUIREMENTS ..

US Military Enlistment Standards


By Rod Powers, About.com Guide

In order to join the US Military, you must either be a US citizen, or you must be a legal permanent immigrant, physically living in the United States, with a green card. The US military cannot and will not assist with the immigration process. If you are not a US citizen, you must legally and permanently immigrate to the United States first, via the regular immigration procedures and quotas, establish a residence, and then (if you meet the other qualifying criteria), visit a military recruiter's office and apply for enlistment.

For enlistment purposes, citizens of the United States include citizens of: Guam, Puerto Rico, The U.S. Virgin Islands,The Northern Marianas Islands, American Samoa, The Federated States of Micronesia, and The Republic of the Marshall Islands.

Not all legal immigrants may be eligible to enlist. Applicants who have been residents of countries considered hostile to the interests of the United States require a waiver. See your local recruiter for the most current list of countries considered hostile to the interests of the United States.

While non-citizens may enlist, they will find their job choices extremely limited. DOD policy prohibits granting security clearances to non-U.S. Citizens. Therefore, non-Citizens. who enlist in the United States military will be limited to those jobs which do not require a security clearance.

For legal immigrants who do enlist, there are accelerated citizenship procedures for non-citizens on active duty. For details, see our article, Becoming a Citizen in the US Military.

source: US Military Enlistment Standards -- Citizenship

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Besides all the other reasons illegals can't join, we are currently experiencing a reduction in our military forces. Many people are now being forced out because reenlistment requirements have gotten stiffer.

I'm glad somebody straightened this out.

http://www.alipac.us/f12/romney-wont...ml#post1287325

Quote:

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Originally Posted by MW

Besides all the other reasons illegals can't join, we are currently experiencing a reduction in our military forces. Many people are now being forced out because reenlistment requirements have gotten stiffer.

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With homosexuality being forced down their throats, political correctness ruling every thought, Chaplains not even being able to mention the Name of Jesus Christ during prayer, and their own border completely overrun by Mexico, and lastly their own CINC's birthright credentials and eligibility in question, there is nothing left for a normal young man or woman to want to serve their country.