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Kurt Faulhammer

Vinick 1 Amendment Vote For Border Security and Immigration Reform

Vinick 1 Amendment Vote For Border Security and Immigration Reform  

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  1. 1. Shall the House pass the amendment proposed?



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I offer the following amendment on behalf of myself and Congressman Burch of Nevada. Together we drafted this amendment to protect our veterans 


SEC. X. DEFINITIONS.
(a) For the purpose of this act
     (1) The term "current undocumented serviceman" means any undocumented immigrant who—
          (A) Is currently serving in the United States Military or National Guard,
          (B) Will be or has been honorably discharged from service or released therefrom under conditions other than dishonorable,
          (C) Has not previously been deported at or above the age of 18 and illegally re-entered the United States; and 
          (D)  Has not been duly convicted of—
                (i) A felony,
                (ii) A violent misdemeanor,
                (iii) A non-violent but drug-related or gang-related misdemeanor; and
                (iv) A more than two non-violent misdemeanors that were not drug-related or gang-related.
     (2) The term "future undocumented enlistee" means any undocumented immigrant who—
          (A) Has applied and been accepted into any branch of the military or National Guard,
          (B) Has completed basic training within the military branch applied and accepted,
          (C) Has not previously been deported at or above the age of 18 and illegally re-entered the United States; and 
          (D) Has not been duly convicted of the crimes outlined in sub-paragraph (1)(D)(i) through (iv) of this section.
     (3) The term "undocumented veteran" means any undocumented immigrant who—
          (A) Served in active-duty or reserved-duty service in the United States Military or National Guard,
          (B) Has been honorably discharged from service or released therefrom under conditions other than dishonorable,
          (C) Has not previously been deported after military service and illegally re-entered the United States; and 
          (D) Has not been duly convicted of the crimes outlined in sub-paragraph (1)(D)(i) through (iv) of this section.

SEC. X. ENDING DEPORTATION OF UNDOCUMENTED IMMIGRANTS SERVING IN THE MILITARY.
(a) No undocumented veteran or current undocumented serviceman whether active or reserved in the United States Military or National Guard shall be deported unless they have been duly convicted of a crime as outlined in Section 3(a)(1)(D)(i) through (iv). 
(b) No future undocumented enlistee shall be deported unless they have been duly convicted of a crime as outlined in Section 3(a)(1)(D)(i) through (iv). 

SEC. X. FOREIGN VETERAN PROTECTION AGAINST DEPORTATION.
(a) Granting of Permanent Resident Status--The Secretary of Homeland Security and the Director of the United States Citizenship and Immigration Services shall provide permanent resident status to those who—
     (1) Are undocumented veterans who—
          (A) Resides within the United States; or
          (B) Have been deported and wish to return.
               (i) Spouse and children of the undocumented veteran shall receive permanent status if not already citizens of the United States. 
     (2) Are current undocumented service members who—
          (A) Is serving or will serve one full tour or 4 years; and 
          (B) Wish to reside in the United States.
               (i) Spouse and children of the undocumented veteran shall receive permanent status if not already citizens of the United States. 
     (3) Are future undocumented enlistees who—
          (A) Will serve one full tour or four years.
               (i) The Department of Defense shall accept at least 5,000 future undocumented enlistees each year.

(b) The Department of Defense and the Department of Veterans Affairs shall provide, and continue to provide, records of undocumented veterans, undocumented active and reserve servicemen, and future undocumented enlistee to the Department of Homeland Security and the United States Citizenship and Immigration Services for the purposes of—
     (1) Maintaining an organized database of undocumented veterans, current undocumented servicemen, and future undocumented enlistees separate from other immigration databases,
     (2) Granting permanent resident status as outlined in paragraph (a) of this section; and
     (3) Informing the Immigration and Customs Enforcement of the permanent resident status of those who are undocumented veterans, current undocumented servicemen, and future enlistees of the United States Military and the National Guard.

(c) The Departments of Defense and Veteran Affairs nor local National Guard offices shall provide records of undocumented veterans, current undocumented servicemen and future undocumented enlistees to the Immigration and Customs Enforcement and the United States Customs and Border Protection except those mentioned who have been duly convicted of crimes as outlined in Section 3(a)(1)(D)(i) through (iv).

Edited by Kurt Faulhammer

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