H.R. 8971

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8971 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8971

To require the Secretary of Homeland Security to establish a veterans 
visa program to permit veterans who have been removed from the United 
States to return as immigrants, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 21, 2026

Mrs. Grijalva (for herself, Mr. Correa, Mrs. McIver, Mr. Larson of 
Connecticut, Mr. Carson, Ms. Titus, Mr. Jackson of Illinois, Mr. Davis 
of Illinois, Mr. Krishnamoorthi, Ms. Moore of Wisconsin, Ms. Norton, 
Ms. Strickland, and Mr. Green of Texas) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Armed Services, and Veterans' Affairs, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
committee concerned

_______________________________________________________________________

A BILL

To require the Secretary of Homeland Security to establish a veterans 
visa program to permit veterans who have been removed from the United 
States to return as immigrants, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Veterans Visa and Protection Act of 
2026''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Armed forces.--The term ``Armed Forces'' has the 
meaning given the term ``armed forces'' in section 101 of title 
10, United States Code.
(2) Crime of violence.--The term ``crime of violence'' 
means an offense defined in section 16(a) of title 18, United 
States Code--
(A) that is not a purely political offense; and
(B) for which a noncitizen has served a term of 
imprisonment of at least 5 years.
(3) Eligible veteran.--
(A) In general.--The term ``eligible veteran'' 
means a veteran who--
(i) is a noncitizen; and
(ii) meets the criteria described in 
section 3(e).
(B) Inclusion.--The term ``eligible veteran'' 
includes a veteran who--
(i) was removed from the United States; or
(ii) is abroad and is inadmissible under 
section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)).
(4) Noncitizen.--The term ``noncitizen'' means an 
individual who is not a citizen or national of the United 
States.
(5) Secretary.--The term ``Secretary'' means the Secretary 
of Homeland Security.
(6) Service member.--The term ``service member'' means an 
individual who is serving as a member of--
(A) a regular or reserve component of the Armed 
Forces on active duty; or
(B) a reserve component of the Armed Forces in an 
active status.
(7) Veteran.--The term ``veteran'' has the meaning given 
the term in section 101 of title 38, United States Code.

SEC. 3. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES; 
ADJUSTMENT OF STATUS.

(a) Program for Admission and Adjustment of Status.--Not later than 
180 days after the date of the enactment of this Act, the Secretary 
shall establish a program and an application procedure that allow--
(1) eligible veterans outside the United States to be 
admitted to the United States as aliens lawfully admitted for 
permanent residence (as defined in section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a))); and
(2) eligible veterans in the United States to adjust status 
to that of aliens lawfully admitted for permanent residence.
(b) Veterans Ordered Removed.--
(1) In general.--With respect to noncitizen veterans who 
are the subjects of final orders of removal, including 
noncitizen veterans who are outside the United States, not 
later than 180 days after the date of the enactment of this 
Act, the Attorney General shall--
(A) reopen the removal proceedings of each such 
noncitizen veteran; and
(B) make a determination with respect to whether 
each such noncitizen veteran is an eligible veteran.
(2) Rescission of removal order.--In the case of a 
determination under paragraph (1)(B) that a noncitizen veteran 
is an eligible veteran, the Attorney General shall--
(A) rescind the order of removal;
(B) adjust the status of the eligible veteran to 
that of an alien lawfully admitted for permanent 
residence; and
(C) terminate removal proceedings.
(c) Veterans in Removal Proceedings.--
(1) In general.--With respect to noncitizen veterans, the 
removal proceedings of whom are pending as of the date of the 
enactment of this Act, not later than 180 days after the date 
of the enactment of this Act, the Attorney General shall make a 
determination with respect to whether each such noncitizen 
veteran is an eligible veteran.
(2) Termination of proceedings.--In the case of a 
determination under paragraph (1), that a noncitizen veteran is 
an eligible veteran, the Attorney General shall--
(A) adjust the status of the eligible veteran to 
that of an alien lawfully admitted for permanent 
residence; and
(B) terminate removal proceedings.
(d) No Numerical Limitations.--Nothing in this section or in any 
other provision of law may be construed to apply a numerical limitation 
to the number of veterans who may be eligible to receive a benefit 
under this section.
(e) Eligibility.--
(1) In general.--Notwithstanding any other provision of 
law, including sections 212 and 237 of the Immigration and 
Nationality Act (8 U.S.C. 1182 and 1227), a noncitizen veteran 
shall be eligible to participate in the program established 
under subsection (a) or for adjustment of status under 
subsection (b) or (c), as applicable, if the Secretary or the 
Attorney General, as applicable, determines that the noncitizen 
veteran--
(A) was not removed or ordered removed from the 
United States based on a conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national 
security of the United States for which the 
noncitizen veteran has served a term of 
imprisonment of at least 5 years; and
(B) is not inadmissible to, or deportable from, the 
United States based on a conviction for a crime 
described in subparagraph (A).
(2) Waiver.--The Secretary may waive the application of 
subparagraph (A) or (B) of paragraph (1)--
(A) for humanitarian purposes;
(B) to ensure family unity;
(C) based on exceptional service in the Armed 
Forces; or
(D) if a waiver is otherwise in the public 
interest.

SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS FROM REMOVAL.

Notwithstanding any other provision of law, including section 237 
of the Immigration and Nationality Act (8 U.S.C. 1227), a noncitizen 
who is a veteran or service member may not be removed from the United 
States unless the noncitizen has been convicted for a crime of 
violence.

SEC. 5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES.

(a) In General.--Subject to subsection (b), a noncitizen who has 
obtained the status of an alien lawfully admitted for permanent 
residence pursuant to section 3 shall be eligible for naturalization 
through service in the Armed Forces under sections 328 and 329 of the 
Immigration and Nationality Act (8 U.S.C. 1439 and 1440).
(b) Special Rules.--
(1) Good moral character.--In determining whether a 
noncitizen described in subsection (a) is a person of good 
moral character, the Secretary shall disregard the one or more 
grounds on which the noncitizen was--
(A) removed or ordered removed from the United 
States; or
(B) rendered inadmissible to, or deportable from, 
the United States.
(2) Periods of absence.--The Secretary shall disregard any 
period of absence from the United States of a noncitizen 
described in subsection (a) due to the noncitizen having been 
removed from, or being inadmissible to, the United States if 
the noncitizen satisfies the applicable requirement relating to 
continuous residence or physical presence.

SEC. 6. ACCESS TO MILITARY BENEFITS.

A noncitizen who has obtained the status of an alien lawfully 
admitted for permanent residence pursuant to section 3 shall be 
eligible for all military and veterans benefits for which the 
noncitizen would have been eligible had the noncitizen not been ordered 
removed or removed from the United States, voluntarily departed the 
United States, or rendered inadmissible to, or deportable from, the 
United States, as applicable.

SEC. 7. IMPLEMENTATION.

(a) Identification.--The Secretary shall identify noncitizen 
service members and veterans at risk of removal from the United States 
by--
(1) before initiating a removal proceeding against a 
noncitizen, asking the noncitizen whether he or she is serving, 
or has served, as a member of--
(A) a regular or reserve component of the Armed 
Forces on active duty; or
(B) a reserve component of the Armed Forces in an 
active status;
(2) requiring U.S. Immigration and Customs Enforcement 
personnel to seek supervisory approval before initiating a 
removal proceeding against a service member or veteran; and
(3) keeping records of any service member or veteran who 
has been--
(A) the subject of a removal proceeding;
(B) detained by the Director of U.S. Immigration 
and Customs Enforcement; or
(C) removed from the United States.
(b) Record Annotation.--
(1) In general.--In the case of a noncitizen service member 
or veteran identified under subsection (a), the Secretary shall 
annotate all immigration and naturalization records of the 
Department of Homeland Security relating to the noncitizen--
(A) to reflect that the noncitizen is a service 
member or veteran; and
(B) to afford an opportunity to track the outcomes 
for the noncitizen.
(2) Contents of annotation.--Each annotation under 
paragraph (1) shall include--
(A) the branch of military service in which the 
noncitizen is serving or has served;
(B) whether the noncitizen is serving, or has 
served, during a period of military hostilities 
described in section 329 of the Immigration and 
Nationality Act (8 U.S.C. 1440);
(C) the immigration status of the noncitizen on the 
date of enlistment;
(D) whether the noncitizen is serving honorably or 
was separated under honorable conditions;
(E) the ground on which removal of the noncitizen 
from the United States was sought; and
(F) in the case of a noncitizen, the removal 
proceedings of whom were initiated on the basis of a 
criminal conviction, the crime for which the noncitizen 
was convicted.

SEC. 8. REGULATIONS.

Not later than 90 days after the date of the enactment of this Act, 
the Secretary shall promulgate regulations to implement this Act.
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