Deported Veterans Deserve a Fair Shake at U.S. Citizenship

It seems straightforward. Anyone who has served in the United States military is also worthy of U.S. citizenship. But it's not always that easy. In fact, hundreds of U.S. veterans who have served honorably in the armed forces have also been removed from the U.S. Many deported veterans are also separated from their families and their children who live in the U.S. Deported veterans are literally accumulating across the border in Mexico, hoping that America will give them greater consideration.

Since the Revolutionary War, immigrants have been a vital part of the United States military. In fact, each year about 5,000 non-citizens enlist in the U.S. armed forces. According to the U.S. Defense Department, there are approximately 40,000 non-citizens serving on active duty. More than 4,100 of these dedicated soldiers deployed to Iraq and Afghanistan in all branches of the U.S. military. Since September 2001, U.S. Citizenship and Immigration Services has naturalized over 130,000 members of the military. The top two countries of origin with immigrants in the military are the Philippines and Mexico. Many immigrants volunteer for service out of true patriotism. They appreciate the opportunity to live in the United States and want a way to give back. What's more, immigrants will likely play a larger role in America's volunteer military in future years.

Immigrants are Vital to the U.S. Military

For the first time since 2005, the Army fell short of its recruiting goal in 2018. That's only expected to worsen. The pool of candidates for an all-volunteer military is shrinking. In many cases, immigrants are the first to step up and serve. During Senate testimony in 2006, the Joint Chiefs of Staff chairman, Marine General Peter Pace, reported that 200 awards or medals have gone to non-U.S. citizens in the wars in Afghanistan and Iraq, and that 101 non-U.S. citizens have died in military action since the 2001 terrorist attacks. As the son of Italian immigrants himself, General Pace recognized the sacrifices that immigrants have made to the U.S. military saying that, "[Immigrant soldiers and marines] are extremely dependable … some 8, 9, or 10 percent fewer immigrants wash out of our initial training programs than do those who are currently citizens. Some 10 percent or more than those who are currently citizens complete their first initial period of obligated service to the country."

RECOMMENDED: Immigrants in the Military

The Number of Veterans Being Deported

No one knows for certain how many military veterans have been deported or ordered removed from the United States. That's because the U.S. government has failed to track it. There is no electronic system for tracking the veterans that ICE comes into contact with. However, the government admits that approximately 250 veterans were placed in removal proceedings or removed from the United States from fiscal years 2013 through 2018.

Why Veterans are Removed

Veterans are being deported for a variety of immigration violations and criminal offenses. Some individuals served while unlawfully present in America. The U.S. government allowed them to serve, but it wants to remove them afterwards. Other service members may have been arrested for a non-violent crime. In many cases, this stems from drug use. While serious violent crimes should certainly be considered removal offenses, smaller infractions must be weighed against the total of the circumstances. Military service is a significant factor in weighing in favor of a person's good moral character.

Worse yet, these veterans are rarely given the opportunity to fight deportation. It's not a "Trump" problem. In fact, the problem really began under the Clinton administration and has persisted since. The Immigration Reform Act of 1996 made certain crimes deportable. More people became eligible for deportation. No doubt, the current administration has accelerated this policy. While previous administrations put a focus on violent offenders, the Trump administration has worked diligently to remove any immigrant with a violation or offense, despite family ties or other contributing factors.

Recently, deported veterans were featured in an episode of the Immigration Nation docu-series on Netflix. Cesar, whose parents brought him to the United States as a small child, served in the U.S. marines as a way to serve his adopted country. Despite making the same sacrifices as citizens, undocumented soldiers aren't afforded the same benefits. When speaking about the United States, Cesar says, "I'm okay to die for it but I'm not okay to live in it."

ICE Does Not Adhere to Policies for Removable Veterans

Policies are in place that govern the handling of cases involving potentially removable veterans. When enforcement officers learn that they have encountered a veteran, these policies require they conduct additional assessments, create additional documentation, and obtain management approval in order to proceed with the case. According to a recent GAO report, "ICE does not consistently adhere to those policies." Investigators found that 70 percent of cases involving the deportation of non-citizen veterans didn't get required reviews. The report also concluded that ICE lacks a policy to identify and document all military veterans it encounters. As a result, many veterans don't get the additional attention and consideration that they deserve.

Citizenship through Military Service

Naturalization is the process in which a person not born in the United States voluntarily becomes a U.S. citizen. One of the many benefits of U.S. citizenship is protection from deportation. Most deported veterans were eligible for naturalization when they were in the military. Unfortunately, the U.S. government has often failed to prioritize assisting non-citizen service members with completing the naturalization process.

RECOMMENDED: 3 Practical Benefits of U.S. Citizenship That Shouldn't Be Overlooked

Military Naturalization through Section 328

Under §328 of the Immigration and Nationality Act (INA), immigrants get a special path to citizenship. Generally, an individual in the U.S. armed forces may qualify for naturalization if he or she meets all of the following requirements:

Must be age 18 or older Has good moral character Is ready and willing to take an Oath of Allegiance to the U.S. Constitution Has the ability to read, write and speak the English language Has knowledge of U.S. government and history (civics) Obtained lawful permanent resident status before the citizenship interview/test Served honorably in the U.S. armed forces for at least one year Filed an application while still in the service or within six months of separation

Note that the continuous residence and physical presence requirements typically required for permanent residence is waived. What's more, the government waives the filing fees.

Expedited Citizenship under Section 329

U.S. President George W. Bush issued an executive order in 2002 that fast-tracked service members' application for citizenship based on §329 of the INA. Expedited citizenship gives certain military applicants the ability to naturalize immediately during periods of hostility. We are currently in a designated period of hostility. The applicant must have served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve, for any amount of time (even one day) during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably. For a service member headed into a conflict, this is significant as it could affect surviving family members.

Declining Naturalizations

U.S. Citizenship and Immigration Services approved military-based applications for naturalization (Form N-400) at a consistent rate from fiscal years 2013 through 2018. However, significantly fewer applications were received in fiscal years 2017 and 2018. This resulted in a decrease in the number of service members approved for naturalization in fiscal year 2018. From fiscal years 2013 through 2018, 54,617 military naturalization applications were received; 46,835 (86 percent) were approved and 3,410 (6 percent) were denied. Officials attributed the decline in military naturalization applications to various policy changes and phenomena:

Suspension of the Military Accessions Vital to the National Interest (MAVNI) program, a program that encouraged the recruitment of immigrants with certain language and medical skills. Expansion of background check requirements for lawful permanent resident recruits. LPRs must now complete a background check and receive a favorable military service suitability determination prior to entering any component of the U.S. armed forces. Increased the amount of time non-citizens must serve before the Department of Defense will certify their honorable service for naturalization purposes. Under the new policy, non-citizens must complete security screening, basic military training, and serve 180 days for a characterization of service determination. Increase in processing times for N-400 applications.

Veterans Unaware of Naturalization Benefits

Unfortunately, many immigrant service members aren't even aware of this benefit. According to the ACLU, the majority of deported veterans did not have legal representation. An attorney would ensure that deportation administrators were aware of the individual's military service. Service in the U.S. armed forces is viewed as a positive factor when determining if prosecutorial discretion should be used. But the ACLU says enforcement officials are not asking about military service.

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Deported Veterans Legislation

Army veteran Senator Tammy Duckworth (D-Illinois) has been a consistent advocate for immigrant service members. Last year, she introduced the Veterans Visa and Protection Act of 2019. The proposed legislation would:

Prohibit the deportation of veterans who are not violent offenders; Establish a visa program through which deported veterans may enter the United States as legal permanent residents; Enable legal permanent residents to become naturalized citizens through military service; and Extend military and veterans benefits to those who would be eligible for those benefits if they were not deported.

Senator Duckworth also introduced the Immigrant Veterans Eligibility Tracking System Act. "Men and women willing to wear our uniform shouldn't be deported by the same nation they risked their lives to defend," Duckworth said.

As it is now, many deported veterans must depend on a gubernatorial (governor's) pardon. Cesar, the veteran featured in the Netflix docu-series, had to seek a pardon for a non-violent drug offense. His criminal lawyer instructed him to plead guilty to the charge. He paid a fine and wasn't required to serve any jail time. But immigration law doesn't always see criminal offenses in the same light. Cesar made a business trip abroad. Upon reentry to the United States, Customs and Border Protection officers stopped him. They saw his past conviction and subsequently deported him to Mexico, a country he had not been to since he was four years old.

Deported Veterans Support House

An unofficial refuge has emerged in Mexico to help some of these deported veterans. The Deported Veteran Support House is a shelter in Tijuana, Mexico, just across the border from San Diego. As the problem persists, the number of veterans deported from the U.S. grows. As you thank veterans for their service and sacrifice this year, consider donating to the support house and asking your local representative to take action on this problem.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through U.S. immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that the application or petition will be approved. We provide support for Adjustment of Status (Form I-485), the Citizenship Application (Form N-400), Permanent Residency Renewal (Form I-90), and several other immigration services.

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Trump Administration Pushes through Massive Immigration Fee Increase

The next wave of Trump administration policy designed to reduce immigration is here. U.S. Citizenship and Immigration Services (IMMIGRATION SERVICES) will impose major increases in the immigration fee structure. The IMMIGRATION SERVICES immigration fee increase would nearly double the cost of some applications. However, there are some minor reductions for other types of applications. The Trump administration is simultaneously squeezing immigrants with a new public charge rule and changes to the fee waiver rules that make it more difficult for low-income immigrants and their families. To add insult to injury, some of the new fees will go to pay for Immigration and Customs Enforcement (ICE). The new immigration fee schedule increases the costs for several family-based petitions and applications and would even add new types of fees.

Fee Increase Effect on Adjustment Applicants

At a glance, the fee for Form I-485 will go down by $10, but this can be deceiving. Currently, IMMIGRATION SERVICES waives certain fees for adjustment of status applicants. In most cases, the fee for Form I-765 (employment authorization document) and I-131 (advance parole travel document) are waived with a pending I-485 application. The agency's immigration fee increase returns to a model of charging separate fees for Forms I-485, I-765, and I-131. Unfortunately, this is drastically increasing the cost for nonimmigrant visitors to adjust status to permanent resident. Instead of paying $1,760 in fees for the typical family-based adjustment case, the combined fees are hiked to $2,860 (if an EAD and advance parole document are needed). This will also affect many U.S. citizens. A large percentage of adjustment cases are for the foreign national spouses of U.S. citizens.

What's more, IMMIGRATION SERVICES has removed the reduced fee for children filing with parents. In the previous fee schedule, children receive a reduced fee if filing Form I-485 with a parent. IMMIGRATION SERVICES is removing the $390 savings. Child applicants must now pay the same fees as adults.

RECOMMENDED: Permanent residency through Adjustment of Status

Naturalization Fee Hike

Applicants for U.S. citizenship are some of the hardest hit by the IMMIGRATION SERVICES immigration fee increases. The new fee for Form N-400, Application for Naturalization, is $1,170. That's 83% more than the current $640 fee. Additionally, fee waivers could be taken away in the future. The $530 increase will make it increasingly difficult for permanent residents to become citizens through the naturalization process. The move could reverse the efforts made in previous years to make the process more accessible. In the 1990s, the naturalization filing fee was under $100.

DACA Fee Increase Averted

The administration's initial rule had proposed a new $275 fee for requests to renew DACA (Deferred Action for Childhood Arrivals). However, the final rule did not include this fee. Thus, the fee for DACA renewal will continue to be a combined $495. The combined fee includes a $410 filing fee for Form I-765 plus an $85 biometrics services fee. If your DACA status expires within the next six months, you are already encouraged to renew as soon as possible.

New IMMIGRATION SERVICES Filing Fees for Common Forms

The immigration fee increase affects most forms. In some cases, there is actually a small improvement in the fee. We've listed some of the most commonly used IMMIGRATION SERVICES forms:

Form Current Fee New Fee $ Change % Change I-90 $455 $415 ($40) (9%) I-129F $535 $510 ($25) (5%) I-130 $535 $560 $25 5% I-131 $575 $590 $15 3% I-131A $575 $1,010 $435 76% I-485 1 $1,140 $1,130 ($10) (1%) I-751 $595 $760 $165 28% I-765 2 $410 $550 $140 34% N-400 $640 $1,170 $530 83% N-565 $555 $545 ($10) (2%) N-600 $1,170 $1,000 ($170) (15%)

1 Final rule also removes reduced fee for children under 14. Additionally, there is a $1,080 fee for certain asylum applicants. 2 Increase in filing fee does not apply to EAD requests based on a grant of DACA.

This is not a comprehensive list of all forms or fee changes. For the complete list of all forms, please refer to the final rule in the Federal Register.

IMMIGRATION SERVICES Fees Will Not Pay for ICE

IMMIGRATION SERVICES officials have said that the immigration fee increase would help pay for an "overextended system." Generally, the purpose of fee increases is to fund the operations of IMMIGRATION SERVICES. However, the proposed rule gave the agency room to use the fee hike for other activities. The IMMIGRATION SERVICES immigration fee proposal was written to allocate more than $207 million in filing fees to ICE operations, including ICE immigration benefit fraud investigations and enforcement. This is counter to how IMMIGRATION SERVICES has previously operated. The immigration agency charges fees to pay for the services provided to petitioners and applicants. Fortunately, the final rule declined to use funds collected by IMMIGRATION SERVICES for enforcement operations.

Other Obstacles for Immigrants

Over the last year, the Trump administration introduced other measures to limit legal immigration. All appear designed to make it more difficult for lower income immigrants to qualify for benefits. IMMIGRATION SERVICES finalized changes to a new public charge rule. The modification requires intending immigrants to submit a new, onerous form that dives into the financial background of permanent residency applicants. Combined with stricter guidelines, it would make it more difficult for low-income applicants to qualify. Multiple court injunctions temporarily halted this policy. However, the administration may be able to implement it in the future.

RECOMMENDED: Public Charge Rule, Explained

Additionally, the agency removed one of the principal methods to qualify for a IMMIGRATION SERVICES fee waiver. Fee waivers enable certain immigrants to obtain benefits for a reduced fee or no fee at all. Many applicants have used means-tested benefits as a qualifying factor. IMMIGRATION SERVICES took away this criterion, meaning that applicants may generally qualify only after submitting substantial amounts of tax return information or other documents to prove income level. Consequently, this measure puts a larger burden of work hours on IMMIGRATION SERVICES to screen applicants. The increased costs get passed on to everyone else.

Online Filing

IMMIGRATION SERVICES is offering a small incentive to those who use the efile system for certain forms. Individuals who file online will receive $10 off the filing fee.

IMMIGRATION SERVICES Immigration Fee Increase

Applicants still have time to seek immigration benefits prior to the new immigration fee increase. IMMIGRATION SERVICES is providing a grace period of up to 60 days in which they will accept both the previous and the new versions of certain forms as long as payment of the new, correct fees accompanies the forms. The fee changes arrive as IMMIGRATION SERVICES is facing a significant budget shortfall and possible furloughs for employees. Unlike most federal agencies, IMMIGRATION SERVICES receives most of its funding from fee collection. The agency closed offices and paused most in-person services due to the COVID-19 pandemic.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through IMMIGRATION SERVICES immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that IMMIGRATION SERVICES will approve the application or petition. We provide support for Adjustment of Status (Form I-485), the Citizenship Application (Form N-400), Permanent Residency Renewal (Form I-90), and several other immigration services.

Source: Federal Register

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