Section 1 Short title
This Act may be cited as the “Fight for the American Dream Act”.
Fight for the American Dream Act
A BILL
To amend title 10, United States Code, to authorize the enlistment of certain aliens in the Armed Forces, and for other purposes.
Sec. 2 Qualifications for enlistment in the Armed Forces
Additional qualified persons— Paragraph (1) of subsection (b) of section 504 of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(D) A person who, at the time of enlistment in an armed force, possesses an employment authorization document issued by United States Citizenship and Immigration Services under the requirements of the Department of Homeland Security policy entitled “Deferred Action for Childhood Arrivals”.”
Admission to permanent residence of enlisted persons— Such section is further amended by adding at the end the following new subsection:
“(c) Admission to permanent residence of certain enlisted persons
“(1) Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust the status of a person described in subparagraph (D) of paragraph (1) of subsection (b) to the status of an alien lawfully admitted for permanent residence if such person is otherwise eligible under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255). For purposes of such adjustment, a person described in such subparagraph shall—
“(A) be considered inspected and admitted into the United States; and
“(B) not be subject to paragraph (6)(A), (6)(C), (7)(A), or (9) of section 212(a) of such Act (8 U.S.C. 1182(a)).
“(2) The Secretary of Homeland Security shall rescind the lawful permanent resident status of a person whose status was adjusted under paragraph (1) if, before the person completes a period of obligated service, the person receives a discharge from the Armed Forces that is not an honorable discharge.
“(3) Nothing in this subsection shall be construed to alter the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 1440–1) by which a person may naturalize through service in the Armed Forces.”
Clerical amendments—
Section heading— The heading of such section is amended to read as follows:
“504. Persons not qualified: citizenship or residency requirements; exceptions”
Table of sections— The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 504 and inserting the following new item: