# Understanding the Honoring the Oath Act of 2021

This bill creates a new system to protect noncitizen military members and veterans from being deported without special consideration. Essentially, it says that if you've served in the U.S. Armed Forces but aren't yet a citizen, the government needs to think carefully before removing you from the country.

Here's what happens in practice: If immigration authorities start removal proceedings against someone who is or was in the military, they must first identify that person and send their case to a new advisory committee made up of military officials from all five branches. This committee has 30 days to review the case and make a recommendation about whether the person should be allowed to stay, get deferred action (a temporary reprieve from deportation), or be removed. Importantly, the person cannot actually be deported until this committee has weighed in. The committee considers factors like whether the person took the military oath, received medals or decorations, was deployed, or contributed to their community. For family members of military personnel or veterans, the committee also looks at whether they supported the service member or helped their community.

The bill also creates a faster path to citizenship for noncitizens serving on active duty. It requires the military to help these service members apply for citizenship during their recruitment process and ensures their applications are decided before they leave the service. The bill also directs the government to study how many noncitizen veterans have been deported since 1990 and to compile a list of countries that refuse to take back their own citizens after they've served in the U.S. military. Additionally, if a noncitizen veteran does end up being deported, they should receive the same veterans' benefits as a citizen veteran would get.

Honoring the Oath Act of 2021

Takano, Mark

Honoring the Oath Act of 2021&nbsp; This bill establishes the Military Family Immigration Advisory Committee and modifies the naturalization procedures for a noncitizen in the Armed Forces. U.S. Immigration and Customs Enforcement shall notify the committee when any individual in removal proceedings is a (1) member of the Armed Forces, (2) veteran, or (3) noncitizen spouse or minor child of such an Armed Forces member or veteran. The committee shall review the case of any such individual and make recommendations to the Department of Homeland Security (DHS) and the Department of Justice as to how the case should be resolved. Such an individual shall not be removed until the committee has provided its recommendations. DHS and the Department of Defense shall jointly carry out a program allowing a noncitizen individual who serves on active duty in the Armed Forces (and any noncitizen spouse or minor children of the individual) to become a U.S. citizen if the individual is not otherwise ineligible for citizenship. The Armed Forces member shall be given the opportunity to apply for citizenship during the accession process into the Armed Forces. DHS shall adjudicate such an individual's application by the last day of the individual's active service in the Armed Forces.