Thread: The Dream Act/Selective Service Registration

How does this fit into the Dream Act.

Who must register

Under current law, all male U.S. citizens are required to register with Selective Service within 30 days of their 18th birthday. In addition, foreign males between the ages of 18 and 25 living in the United States must register. This includes permanent residents (holders of Green Cards), refugees, asylees, dual citizens, and illegal aliens.[2] Foreign males in the United States as lawful non-immigrants (international students, visitors, diplomats, etc.) are not required to register.[2] Failure to register as required is grounds for denying a petition for US citizenship.

In the current registration system a man cannot indicate that he is a conscientious objector (CO) to war when registering, but he can make such a claim when being drafted. Some men choose to write on the registration card "I am a conscientious objector to war" to document their conviction, even though the government will not have such a classification until there is a draft.[13] Several religious, nonsectarian, and secular organizations allow conscientious objectors to file a written record stating their beliefs.[14][15][16][17][18]

In 1987, Congress ordered the Selective Service System to put in place a system capable of drafting "persons qualified for practice or employment in a health care occupation", if such a special-skills draft should be ordered by Congress. In response, Selective Service published plans for the "Health Care Personnel Delivery System" (HCPDS) in 1989 and has had them ready ever since. The concept underwent a preliminary field exercise in Fiscal Year 1998, followed by a more extensive nationwide readiness exercise in Fiscal Year 1999.[19] The HCPDS plans include women and men age 20–54 in 57 job categories.[20]

Men who were female at birth and have changed sex are not required to register.[21] There is no consistent policy as to whether registration is allowed when not required. Failure to register can cause problems such as denial of Pell Grants, even when registration is not allowed.[22]

Failure to register
In 1980, men who knew they were required to register and did not do so could face up to five years in jail or a fine up to $50,000 if convicted. The potential fine was later increased to $250,000. Despite these possible penalties, government records indicate that from 1980 through 1986 there were only 20 indictments, of which 19 were instigated in part by self-publicized and self-reported non-registration.[23] As one of the elements of the offense, the government must prove that a violation of the Military Selective Service Act was knowing and willful. This is almost impossible unless the prospective defendant has publicly stated that he knew he was required to register or report for induction, or unless he has been visited by the FBI, personally served with notice to register or report for induction, and given another chance to comply. The last prosecution for non-registration was in January 1986, after which many believed the government declined to continue enforcing that law when it became apparent that the trials were themselves causing a decline in registration. Unlike the situation at the time when the draft was in effect, routine checks for identification virtually never include a request for draft card.

As an alternative method of encouraging registration, federal legislators passed laws requiring that to receive financial aid, federal grants and loans, certain government benefits, eligibility for most federal employment, and (if the person is an immigrant) eligibility for citizenship, a young man had to be registered (or had to have been registered, if they are over 26 but were required to register between 18 and 26) with Selective Service. Those who were required to register, but failed to do so before they turn 26, are no longer allowed to register, and thus may be permanently barred from federal jobs and other benefits, unless they can show to the Selective Service that their failure was not knowing and willful.[4] While there is a procedure to provide an "information letter" by the SSS[24] for those in these situations, for example recent citizens who entered the US after their 26th birthday, the "turnaround time for such letter from Selective Service is approximately 135 days" as indicated in their website, an additional burden, not required of other applicants, that could result in a form of employment discrimination.

Most states, as well as the District of Columbia, Guam, Northern Mariana Islands, and Virgin Islands, have passed laws requiring registration in order for men 18–25 to be eligible for programs that vary on a per-jurisdiction basis but typically include driver's licenses, state-funded higher education benefits, and state government jobs.[25] Alaska also requires registration in order to receive an Alaska Permanent Fund dividend.[25] Eight states (Connecticut, Indiana, Nebraska, Oregon, Pennsylvania, Vermont, Washington, and Wyoming) have no such requirements, though Indiana does give men 18–25 the option of registering with Selective Service when obtaining a drivers license or an identification card.[25]

There are some third-party organized efforts to compensate financial aid for those students losing benefits, including the Fund for Education and Training (FEAT) and Student Aid Fund for Non-registrants.[26][27]

Alien Registrant Status
Some registrants are not American citizens; they fall instead into one of the following categories:

Alien: A person who is not a citizen of the United States. They are defined in four classes.
A registrant who has resided in the United States for less than one year. When two or more periods of U.S. residency are involved which total one year or more, the registrant will be deemed to have resided in the United States for one year and will be ineligible for Class 4-C. In computing the length of such periods, any portion of one day shall be counted as a day. He will be eligible for this class only until he has resided in the United States for one year. To support this claim he must submit his Immigration and Naturalization Service Form 1-151 (Alien Registration Receipt Card), showing his date of entry into the United States. If he has resided in the United States for two or more periods, he must furnish documentation for each period of residence. A registrant who receives this classification will be exempt from military training and service during his first year's residence in the US, but will become liable for service following his cumulative one year residence.
A registrant who left the United States before his Order to Report for Induction was issued and whose order has not been canceled. He may be classified in Class 4-C only for the period he resides outside of the United States. Upon his return to the United States, he must report the date of return and his current address to the Selective Service Area Office.
A registrant who registered at a time required by Selective Service law and thereafter acquired status within one of its groups of persons exempt from registration. He will be eligible for this class only during the period of his exempt status. To support this claim, the registrant must submit documentation from the diplomatic agency of the country of which he is a subject verifying his exempt status.
A registrant, lawfully admitted for permanent residence, as defined in Paragraph (2) of Section 101(a) of the Immigration and Nationality Act of 1952, as amended (66 Stat. 163, 8 U.S.C. 1101) who, by reason of their occupational status, is subject to adjustment to nonimmigrant status under paragraph (15)(A), (15)(E), or (15)(G) or section 101(a). In this case, the person must also have executed a waiver of all rights, privileges, exemptions, and immunities which would otherwise accrue to him as a result of his occupational status. To support this claim, the registrant must submit documentation from the diplomatic agency of the country of which he is a subject verifying his occupational status.
Dual National: The person is a citizen of both the United States and another country at the same time. The country must be one that allows its citizens Dual-Citizenship and the registrant must be able to obtain and produce the proper papers to affirm this status.
Treaty Alien: Due to a treaty or international arrangement with the alien's country of origin, the registrant can choose to be ineligible for military training and service in the armed forces of the United States. However, once this exemption is taken, they can never apply for US citizenship.

http://www.answers.com/topic/selective-service-system

MontereySherry

Since Kennedy-McCain bill just let them pay a fine the Dream Act should require payment up front.

Illegals are supposed to register for the draft. That will make sure anyone who was illegal and received amnesty back in the 80-90's, didn't get away from the draft.

Dixie

I bet a huge percent don't and won't

Remember , Most of them are more mexican than American and always will be.

Even if there was a full amnesty a huge percent of them would not register for it.

They have it to good now , they don't want to pay taxes , follow any laws or identify with this country , they are pure and simple citizens of whatever country they are from

They are here for the work , the freebies and whatever they can steal from Americans

well all I know this Dream act is all BS In my Book all of American said no this is all Obama doing . we are going to fight this that what i say how does this fit into Dream Act to Me it just like a kids game we are said no toAmnesty & no to Illigal Immigrant & Not citizen ship to baby what the hell Part don't they understand ? Gov jan you did the right thing to sign that bill obama put the block on you. in every thing you did . & now all Of American is with you on this he don't like it to bad goiod Luck to Joe & Gov Jan & THank you ALIPAC for the news

I am so sick of this double standard. Americans have to obey the law but illegals don't. It says plain and simple failure to register is grounds to deny citizenship.

I am sick and tired of the blame game. It's my parents fault, don't punish me. Well once they turned 18 they are adults and responsible for their own actions. If the male illegal alien didn't register for Seclective Service then it is evident they don't really care for this country and should automatically be denied any sort of Dream Act. Now they are going to rush to enlist in the military - not to defend this country, not because it is their duty - no just as a means to beat the system.