[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] THE IMPACT OF CURRENT IMMIGRATION POLICIES ON SERVICE MEMBERS AND VETERANS, AND THEIR FAMILIES ======================================================================= HEARING before the SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ OCTOBER 29, 2019 __________ Serial No. 116-62 __________ Printed for the use of the Committee on the Judiciary Available via the World Wide Web: http://judiciary.house.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 38-752 WASHINGTON : 2020 COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, SHEILA JACKSON LEE, Texas Ranking Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, Jr. HENRY C. HANK JOHNSON, Jr., Georgia Wisconsin THEODORE E. DEUTCH, Florida STEVE CHABOT, Ohio KAREN BASS, California LOUIE GOHMERT, Texas CEDRIC L. RICHMOND, Louisiana JIM JORDAN, Ohio HAKEEM S. JEFFRIES, New York KEN BUCK, Colorado DAVID N. CICILLINE, Rhode Island JOHN RATCLIFFE, Texas ERIC SWALWELL, California MARTHA ROBY, Alabama TED LIEU, California MATT GAETZ, Florida JAMIE RASKIN, Maryland MIKE JOHNSON, Louisiana PRAMILA JAYAPAL, Washington ANDY BIGGS, Arizona VAL BUTLER DEMINGS, Florida TOM McCLINTOCK, California J. LUIS CORREA, California DEBBIE LESKO, Arizona MARY GAY SCANLON, Pennsylvania, GUY RESCHENTHALER, Pennsylvania Vice-Chair BEN CLINE, Virginia SYLVIA R. GARCIA, Texas KELLY ARMSTRONG, North Dakota JOE NEGUSE, Colorado W. GREGORY STEUBE, Florida LUCY McBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas Perry Apelbaum, Majority Staff Director & Chief Counsel Brendan Belair, Minority Staff Director ------ SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP ZOE LOFGREN, California, Chair PRAMILA JAYAPAL, Washington, Vice-Chair J. LUIS CORREA, California KEN BUCK, Colorado, Ranking Member SYLVIA R. GARCIA, Texas ANDY BIGGS, Arizona JOE NEGUSE, Colorado TOM McCLINTOCK, California DEBBIE MUCARSEL-POWELL, Florida DEBBIE LESKO, Arizona VERONICA ESCOBAR, Texas KELLY ARMSTRONG, North Dakota SHEILA JACKSON LEE, Texas W. GREGORY STEUBE, Florida MARY GAY SCANLON, Pennsylvania David Shahoulian, Chief Counsel Andrea Loving, Minority Counsel C O N T E N T S ---------- OCTOBER 29, 2019 OPENING STATEMENTS Page The Honorable Lou Correa, California, Subcommittee on Immigration and Citizenship, Committee on the Judiciary.................... 3 The Honorable Ken Buck, Colorado, Ranking Member, Subcommittee on Immigration and Citizenship, Committee on the Judiciary........ 32 The Honorable Jerrold Nadler, New York, Chairman, Committee on the Judiciary.................................................. 33 The Honorable Doug Collins, Georgia, Ranking Member, Committee on the Judiciary.................................................. 34 WITNESSES Mr. Hector Barajas-Varela, Director and Founder, Deported Veterans Support House Oral Statement............................................... 37 Prepared Statement........................................... 39 Ms. Jennie Pasquarella, Director of Immigrants' Rights, ACLU of California and Senior Staff Attorney, ACLU of Southern California Oral Statement............................................... 45 Prepared Statement........................................... 47 Ms. Margaret D. Stock, Immigration Attorney and Lieutenant Colonel (Retired), Military Police Corps, U.S. Army Reserve Oral Statement............................................... 62 Prepared Statement........................................... 65 The Honorable Mark Metcalf, Former Immigration Judge, Lieutenant Colonel, Army National Guard Oral Statement............................................... 100 Prepared Statement........................................... 102 LETTERS, STATEMENTS, ETC. SUBMITTED FOR THE HEARING Prepared Statements from Asian American Advancing Justice; the Center for Law and Military Policy; the Military Officers Association of America; the National Federation of Filipino American Associations; a Statement from Mario Antonio Martinez, U.S. Army Veteran facing deportation; a Statement from Pablo Dilbert, a Deported U.S. Marine Corps Veteran; a Statement from Salomon Loayzo, a Deported U.S. Navy Veteran, and; a Statement from Beverly W. Cutler, Former Superior Court Judge for the Third Judicial District in Alaska; Submitted by the Honorable Lou Correa..................................................... 4 Letter to U.S. Citizenship and Immigration Services Acting Director Cuccinelli from Members of Congress; Submitted by the Honorable Lou Correa........................................... 26 U.S. Department of Justice Press Release entitled, ``Chinese National Arrested for Allegedly Acting Within the United States as an Illegal Agent of the People's Republic of China''; U.S. Department of Defense Memorandum on the Certification of Honorable Service for Members of the Selected Reserve of the Ready Reserve and Members of the Active Components of the Military of Naval Forces for Purposes of Naturalization, and; U.S. Citizenship and Immigration Services web pages on Naturalization Through Military Service and ``Military Help Line''; Submitted by the Honorable Andy Biggs.................. 110 Texas Civil Rights Project Report entitled, ``Land of the Free, No Home to the Brave: A Report on the Social, Economic, and Moral Cost of Deporting Veterans''; Submitted by the Honorable Sylvia Garcia.................................................. 129 APPENDIX Ms. Margaret Stock Response to the Testimony of the Honorable Mark Metcalf................................................... 143 Prepared Statement from the American GI Forum of the United States; Submitted by the Honorable Zoe Lofgren................. 150 Letter from LULAC Council #5310: Green Card Veterans; Submitted by the Honorable Zoe Lofgren................................... 151 Statements and Letters from Deported Veterans and their Families, including those from: Alejandra Juarez, Augie Garcia, Carlos Paniagua, Cuauhtemoc Juarez, David Bariu, Edwin Melendez, Erasmo Apodaca M., the American GI Forum in support of Frank De La Cruz, Howard Deann Bailey, Ivan Ocan, Elizabeth Perez, Luis Andres Puentes Romero, Richard Avila, Ronald Mervyn Dale Cruickshank; Submitted by Mr. Hector Barajas-Varela............ 154 The Hill article entitled, Filipino war veterans deserve better; Submitted by the Honorable Zoe Lofgren on behalf of Asian Americans Advancing Justice.................................... 188 Letter from Boundless Immigration; Submitted by the Honorable Zoe Lofgren........................................................ 190 THE IMPACT OF CURRENT IMMIGRATION POLICIES ON SERVICE MEMBERS AND VETERANS, AND THEIR FAMILIES ---------- TUESDAY, OCTOBER 29, 2019 House of Representatives Subcommittee on Immigration and Citizenship Committee on the Judiciary Washington, DC. The subcommittee met, pursuant to call, at 2:32 p.m., in Room 2141, Rayburn House Office Building, Hon. Zoe Lofgren [chairman of the subcommittee] presiding. Present: Representatives Lofgren, Nadler, Jayapal, Correa, Garcia, Neguse, Mucarsel-Powell, Escobar, Jackson Lee, Scanlon, Buck, Collins, Biggs, and Steube. Staff Present: Betsy Lawrence, Counsel; Joshua Breisblatt, Counsel; Rachel Calanni, Professional Staff Member; Andrea Loving, Minority Counsel; and Andrea Woodard, Minority Professional Staff Member. Ms. Lofgren. We will now ask the Subcommittee on Immigration and Citizenship to come---- Staff. We need to bring out the witnesses. Ms. Lofgren. Oh. We're going to bring out the witnesses before I start this. We moved too fast. Mr. Buck. We like fast. Ms. Lofgren. The subcommittee will come to order and with the indulgence of our witnesses before we proceed to the hearing, I think many of us would like to say a comment or two about the late John Conyers, who was a member of this committee for many decades, who gave his life to public service, and who loved this committee very greatly. He passed away just a few days ago, having served his country, both in the Armed Forces and in the Congress, and so we do mourn his passing, and it would be not in keeping with our traditions to proceed without at least giving our condolences to his family and to those who sent him to Congress for so many decades to represent them. At this point, I would like to recognize Mr. Nadler, the chairman of the full committee, for remarks on Mr. Conyers. Chairman Nadler. Thank you, Madam Chairperson. Americans across the country are mourning the loss of John Conyers today, but nowhere is his loss felt more deeply than here in the Judiciary Committee, which he served for more than 50 years as a member of this committee, including more than 20 years as either as chairman or ranking member. John Conyers was a true champion for civil rights and justice for the oppressed and the disenfranchised. Prior to his service in Congress, he was on the forefront of the civil rights movement, and was in Selma, Alabama, for the Freedom Day voter drive in 1963. He also holds the distinction of being the only Member of Congress to be endorsed by Dr. Martin Luther King, Jr. Once in office, he hired Rosa Parks to work on his staff when her civil rights activism caused other employers to shun her. Throughout his career, John was a leader of progressive causes, even when doing so was a lonely pursuit. He authored universal healthcare legislation long before it became a mainstream idea, and he first introduced H.R. 40, legislation to study reparations for the legacy of slavery and Jim Crow back in 1989. At the same time, he had a long track record of working across the aisle to enact important bipartisan legislation, such as the Violence Against Women Act, the Fair Sentencing Act, the USA Freedom Act, and the Voting Rights Act. As a leader in the Judiciary Committee, Congressman Conyers spearheaded and passed such important legislation as the Martin Luther King, Jr. Holiday Act, hate crimes legislation, and the Innocence Protection Act. But his impact in the House cannot just be measured in terms of how many bills he sponsored or considered in committee. He was a founding member of the Congressional Black Caucus, and he was a mentor to many members, including me, who benefited from his wisdom and grace. John was my colleague, my friend, and my chairman. I'm honored and humbled to serve in his footsteps leading this committee, and I'm comforted by the portrait that hangs above me knowing that he is watching us and hopefully approving as we attempt to carry on his legacy. My thoughts are with his family, and all those whose hearts are heavy today because of his loss. My hearts are with the country, which has lost the benefit of his leadership. May his memory be a blessing. Ms. Lofgren. The gentleman yields back. I now recognize the ranking member of the full committee, Mr. Collins, for his statement. Mr. Collins. Thank you, Madam Chair. I echo the chairman's statements about the accomplishments and the long list of accomplishments that have been listed out. Mr. Conyers was amazing in the length and breadth and statements of what he made, but I choose to emphasize also the--what he accomplished from his time as chair, and also as ranking member when I worked with him on many occasions before his leaving the House. But the thing that I remember the most is just his kindness, his sense of humor, his dress. He's the sharpest dresser always in the room, and especially on codels, and especially when we got together at one of the highlights of my time in Congress was a few years ago working on the police working group. We went to Detroit, and he was host for that, and it was just a really neat time to let him show his city and where he came from, and I was pleased at that. But the last memory that I will hold dearest for me was is when you get to Washington, you're amazed, and still I am by everything. But I can remember one day leaving this committee, and we were going to the floor for a vote, and we went down to the trains that take us to the Capitol for this vote, and we're coming back to the hearing room and it just happened to be me and him, and I had only been here about a month or two. So I was introducing myself and I introduced and he said, now, you're from Georgia, right? And I said, yes, sir. And we talked back and forth. I said, just curious, I said, you've been here a long time, I said, what brought you--I said, I'm going to ask this question a lot, what brought you to Congress? And he starts chuckling a little bit and he looks at me and says, Well, I really wanted to come be a part of the Judiciary Committee to work on the Voting Rights Act of 1964. And I stopped for a second and I looked at him and said, you do realize that was 2-1/2 years before I was born? And he laughed and he said, Yep, I've been here a while. He said, if you stick around, you'll see a lot of things. That was the gentleman that I got to know and it's--the Nation mourns that and this committee mourns that, and it would be, as the chairwoman said, it would be remiss if we did not recognize that today. And with that, I yield back. Ms. Lofgren. The gentleman yields back and all other members will be invited to submit whatever comments they might wish on Mr. Conyers at this time. It's now my pleasure to welcome everyone to this afternoon's hearing on the Impact of Current Immigration Policies on Servicemembers and Veterans and Their Families. Over the last 2-1/2 years, the administration has implemented numerous policy changes that have made life more difficult for noncitizen members, of the United States Armed Forces veterans and their families. In addition, the administration's heavy emphasis on immigration enforcement, as well as the elimination of prosecutorial discretion when it comes to immigration enforcement, has resulted in the removal, or attempted removal, of far too many lawful permanent resident veterans who honorably served our country, but struggled with the transition back into civilian life, some who were disabled by PTSD. This hearing will allow the subcommittee to explore how these policy changes and the unforgiving nature of our immigration laws have impacted Active Duty servicemembers, veterans, and their families. At this point I would like to, without objection, recognize my colleague, Representative Correa as a champion of this very important issue who will preside over this hearing, and to whom I yield the remainder of my time for his opening statement. Mr. Correa [presiding]. Good afternoon and welcome. Without objection, first, I'd like to request permission to submit these letters as part of the record. These are letters on the impact of current immigration policies on servicemembers, veterans, and their families. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Correa. First of all, let me thank my colleague, Representative Lofgren, chairwoman of the Immigration Citizenship Subcommittee for her leadership, and I appreciate the opportunity to preside over this most important hearing today. And as we approach Veterans Day, we have to recognize and honor all our veterans, including immigrant veterans who have served our country honorably in the Armed Forces from the Revolutionary War to the recent conflicts in Afghanistan and Iraq. And today, there are over half a million foreign-born veterans in the United States. As recently as 2012, there were 24,000 immigrants as part of our Active Duty force. The Philippines, Mexico, Jamaica, and South Korea, account for the greatest number of these foreign- born veterans, and regardless of where they were born, immigrant servicemembers are Americans in every sense of the word. More than once, I've shared the story of Marine Corporal Jose Garibay, who was born in Mexico. Corporal Garibay was killed in action in 2003, after Iraqi forces pretending to surrender ambushed him and his fellow Marines. He was one of Orange County's first combat casualties in the Iraq War, and Corporal Garibay was posthumously given American citizenship. He chose to defend his country as a Marine and made the ultimate sacrifice, and he was a dreamer. When foreign-born servicemembers and veterans are willing to defend the United States, a country they love, we have an obligation to uphold their promise to provide for these patriots American citizenship. Sadly, since 1996, thousands of noncitizen veterans who took the oath of allegiance and were honorably discharged have been deported. No one puts the uniform on and who is honorably discharged should be subject to deportation. And as every soldier knows, you never leave a soldier behind. Sadly, the U.S. Immigration and Custom Enforcement, or ICE, does not follow policies for solving cases of potentially removable veterans, and does not always identify and track such veterans. As a result, ICE does not know how many veterans it has deported. And recently, the administration has adopted policies that affect the naturalization process for military servicemembers and veterans. As a result, military naturalizations have decreased by 44 percent, from 7,300 in fiscal year 2017, to about 4,000 in fiscal year 2018. And in August of 2019, U.S. Citizenship and Immigration Service announced a change to the definition of the term ``residents.'' And, in fact, children born to certain U.S. servicemembers stationed abroad will now be required to naturalize under a lengthier and more complicated application process. Together with my colleague, Representative Veronica Escobar of Texas, we wrote a letter to the U.S. Citizenship and Immigration Service, Acting Director Ken Cuccinelli, asking for reconsideration of this policy. And without objection, I'd like to submit that letter as part of this record. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Correa. In total, these policy changes negatively affect military recruitment and effectiveness, and turn our back on immigrant servicemembers, veterans, and their families. This is unacceptable, and we need to correct the situation. And I look forward to hearing the testimony of the witnesses today. And it's now my pleasure to recognize the ranking member of the subcommittee, the gentle member from Colorado, Mr. Buck, for an opening statement. Mr. Buck. Thank you, Mr. Chairman. Immigrants have served in our Armed Forces throughout our country's history. Recognizing their sacrifice, Congress has provided, in law, for the expedited naturalization of foreign nationals who serve honorably in the U.S. Armed Forces. In periods of hostility, which includes September 11, 2001, to present, a noncitizen member of the Armed Forces may apply to become a U.S. citizen if the individual has served honorably in an Active Duty status. Naturalization is voluntary, not automatic, and noncitizen members of the military who qualify for naturalization must apply for it, receive a favorable adjudication, then take the oath of allegiance to become a naturalized U.S. citizen. As part of this process, the Department of Defense must certify honorable service, which they often do after background checks have been completed, and the alien has met the time and service requirements, in most cases, 180 days. This policy is a reasonable requirement to ensure an informed determination that the servicemember has served honorably as required by statute. Since October 1, 2001, the United States Citizen and Immigration Services Agency has naturalized approximately 130,000 members of the military, many of those members naturalizing while deployed abroad. Today, we will discuss the difficult issue of noncitizen veterans of the U.S. military who have been removed from the United States. It's important to note that no one is above the legal consequences, criminal or otherwise, of their behavior. The cases of veterans in removal proceedings should be handled according to guidance that has been in place through several administrations, and with sensitivity to those who may have suffered from mental health problems due to their service. I am also honored to be an original cosponsor with Ranking Member Collins, Chairman Nadler, Chairman Lofgren of H.R. 4803, the Citizenship For Children of Military Members and Civil Servants Act. This bipartisan bill makes a technical change to the residency requirements of Section 320 of the Immigration and Nationality Act. This will ensure that children of the U.S. Armed Forces, members stationed abroad, can automatically acquire citizenship where all other requirements are met. It will make sure they are not disadvantaged simply because their U.S. citizen parent is stationed abroad. We introduced H.R. 4803 earlier this month. I am proud of our work on this bill, since it shows that when a change in the law is necessary, it is possible for us to work together to get it done. I look forward to hearing from the witnesses today. And I yield back the balance of my time. Mr. Correa. Thank you, Mr. Buck. I will now recognize the chairman of the Judiciary Committee and gentle member from New York, Mr. Nadler, for his opening statement. Chairman Nadler. Thank you, Mr. Chairman. Immigrants have served in the U.S. Armed Forces in every major conflict since the Revolutionary War. According to the bipartisan policy center in 2016, there are approximately 511,000 foreign-born veterans of the Armed Forces residing in the United States. The children of immigrants also make up a substantial portion of today's veteran population. Every day, these great men and women risk their lives in service to our country. We rely on them to keep our Nation safe, to provide stability in politically fragile regions, and to protect U.S. global interests. In return, we must honor their sacrifices, ensure that they and their families are supported, and give them every opportunity to become U.S. citizens. Unfortunately, as a result of the unforgiving nature of our immigration laws and numerous policy changes implemented by the Trump administration, it appears that the opposite is happening. Under the Trump administration, the Department of Defense and U.S. Citizenship and Immigration Services, USCIS, have implemented numerous policy changes that have undermined Congress's clear intent to provide an expedited naturalization process for military servicemembers and veterans. For example, in October 2017, the Pentagon made it more difficult for military servicemembers to receive a certification of honorable service, a document which is essential to expedite the naturalization process. Previously, certifications could be issued as soon as individual began Active Duty. Now, however, one must first complete at least 180 consecutive days of such service, or one year in the selected reserve of the ready reserve. In addition, where certifications could previously be issued by any supervising officer, they must now be certified by the secretary of the applicable military branch, or a commissioned officer serving in a specific pay grade. These changes are unnecessary and cruel. They serve no purpose but to make it harder for individuals serving our country to become citizens, and they've had a measurable impact. The total number of military authorizations declined 44 percent from 7,360 in fiscal year 2017 to just 4,135 in fiscal year 2018. In addition, because USCIS has dramatically cut the number of its international offices, naturalization services for those who are stationed overseas have become much more limited. USCIS used to provide such services at 23 international offices in 20 countries. The change that took effect last month, this was cut from 23 international offices to just four offices. With USCIS personnel on site to conduct naturalization interviews, only 1 week per calendar quarter. Why would we make it more difficult for the men and women who are risking their lives in service of this country to become permanent members of our society? This is both short-sighted and cold-hearted. During this hearing, we will also discuss the plight of U.S. veterans who struggle with the transition back to civilian life, and who are eventually deported to the country they so nobly served. Many of these veterans have been removed from the United States as a result of convictions or other transgressions tied to Post-Traumatic Stress Disorder, PTSD, brain injury, and other physical traumas suffered while on Active Duty that make the transition back to civilian life extremely difficult. In other words, they served this country; they had a medical condition as a result of it, which impaired their judgment; they committed some crime as a result of that medical condition; and, therefore, they're deported. We can all agree that individuals who are rightfully convicted of a crime should serve any reasonable sentence imposed, but once that sentence has been served, we should not simply turn our backs on those who sacrificed so much in service to our country, especially if that may have been service-related. There must be a better way to address these cases. Our veterans deserve better, and we owe it to them to find a way to bring compassion and discretion back into our immigration laws. I want to end on a positive note. Last week, I introduced the Citizenship for Children of Military Members and Civil Servants Act, along with Ranking Member Collins, who has served honorably in the Armed Forces himself, as well as several of my esteemed colleagues, including Subcommittee Chair Lofgren and Ranking Member Buck. This bill will fix the problem that resulted from a policy change announced in August that takes effect today, which makes it more difficult for children of U.S. citizens serving our country abroad to be recognized as U.S. citizens. Our bill would reverse this misguided policy, and would make it easier for such children to be granted automatic citizenship. I'm glad we were able to work together across the aisle to introduce this important legislation. I look forward to advancing our efforts in the coming weeks. I want to thank Chair Lofgren and Representative Correa for holding this important hearing. I thank all of today's witnesses for testifying. I look forward to their testimony. And I yield back the balance of my time. Mr. Correa. Thank you, Chairman Nadler. I would now like to recognize the ranking member of the Judiciary Committee, the gentle member from Georgia, Mr. Collins, for his opening statement. Mr. Collins. Thank you, Mr. Chairman. I am pleased to have the opportunity to discuss military issues today because of the lieutenant colonel in the U.S. Air Force reserve command. I understand the issues surrounding military service. It is Congress's place to determine if changes should be made to U.S. law governing the treatment of men and women who have served us. Last week, as the chairman just mentioned, he and I, along with Chairperson Lofgren and Ranking Member Buck, and other colleagues from across the political spectrum, introduced H.R. 4803, the Citizenship for Children of Military Members and Civil Servants Act. The U.S. Citizenship and Immigration Services recently aligned a technical interpretation of the law with the Department of State's correct interpretation. This exposed a loophole. Some children of the U.S. Armed Forces members would not automatically acquire citizenship merely because their parents' deployment abroad prevents them from meeting the residency requirement imposed in the statute. H.R. 4803 would fix this unfortunate loophole. It's important to remember that immigrants also wear the uniform, and have since the founding of our Nation. In fact, historically, the average number of foreign national enlistees has been around 5,000 a year. That number jumped to 7,000 in 2019. Many of these patriots will go on to be naturalized for their service, and from fiscal year 2001 to fiscal year 2018, U.S. Citizenship and Immigration Services naturalized 129,587 members of the military, including more than 11,000, who, at the time, were deployed abroad protecting our country. Our immigration laws recognize the sacrifice made by the immigrant members of our military, and lay out provisions for the expedited naturalization of foreign nationals. Any foreign national who serves in the military during hostilities, including the time period after September 11 attacks is eligible to apply to naturalize upon honorable service. The Department of Defense issued a policy memo in 2017 to require servicemembers to have served at least 180 days for the Department to certify honorable service, which is required to apply--which is required to apply to naturalize. This aligns with long-standing Department of Defense policy that the Department does not issue a characterization of service for any one citizen, or noncitizen alike, who has not served for 180 days. Not all foreign nationals who serve in the military will choose to naturalize, and those who do not remain subject to our immigration laws. Although, we should not shield servicemembers or veterans from the necessary and lawful consequences of their actions, agencies handling rule cases should be particularly sensitive to a veteran's honorable service. To that end, I expect Immigration and Customs Enforcement to consistently apply policies that impose special handling procedures on removal cases for veterans and take into account the nature of that veteran's services in the Armed Forces. We must be vigilant about any enlistee, citizen or foreign national alike, to ensure that they do not intend harm. To that end, the Department of Defense, under the Obama administration, became aware of risk presented by some individuals recruited through the Military Accessions Vital to the National Interests program, and halted enlistment, but Military Accessions Vital to a Natural Interest program permitted foreign nationals with language or health skills vital to the national interest to enlist in the Armed Services, even though they were only here on temporary visas. While well-intentioned, the security screening processes were simply not up to the challenge of vetting a population who had spent very little time in the U.S., in addition to lacking verifiable records, investigators discovered security issues with many applicants, including questionable allegiance to the U.S., a preference for a foreign country. Susceptibility of foreign influence and unexplained affluence. There's an even one publicly known case in which a Chinese spy enlisted through the Military Accessions Vital to the National Interests program. I know the Department of Defense is improving its security screening procedures, but I remain concerned about vulnerabilities that could be presented by enlisting individuals here on temporary status, and I have supported the Obama administration's decision to halt the Military Accessions Vital to National Interest program. I believe it would be extremely helpful to have the Department of Defense representative testify here today in order to hear the Department's reasoning behind the halting of Military Accessions Vital to the National Interests program enlistments, this time in service requirement and the other policies we will discuss today. I look forward to the witnesses' testimony and thank them very much for being here. And with that, Mr. Chair, I'll yield back my time. Mr. Correa. Thank you very much, Ranking Member Collins. It's now my pleasure to introduce today's witnesses. Mr. Hector Barajas-Varela, good to see you again, sir, is a U.S. army veteran and the Director and founder of the Deported Veteran Support House in Tijuana, Baja, California. Mr. Barajas was born in Mexico, grew up in California, and enlisted in the Army in 1995. He served for 6 years, during which time he received multiple awards, such as the Army Commendation Medal, Humanitarian Service Medal, and despite his service to his country, he has been deported twice since honorable discharge from the Army in 2001. Last year, Mr. Barajas-Varela became a U.S. citizen and remains committed to his organization in providing support to other deported veterans. We thank him for his service and for being here today to share your story, sir. Second witness, Jennie Pasquarella is the Director of Immigrant Rights of the ACLU of California, and serves as a senior staff attorney at the ACLU of Southern California, where she has worked since 2008. She specializes in immigrant rights and litigation in policy advocacy related to immigration enforcement and policy. She received her B.A. from Bernard College, and her J.D. from Georgetown University Law Center. Margaret Stock is a retired lieutenant colonel in the military police, U.S. Army Reserve, and principal immigration attorney with the Cascadia Cross Border Law Group in Anchorage, Alaska. In 2013, she received the distinguished MacArthur Foundation Fellowship for her outstanding work in immigration and national security. She has testified before both Chambers of Congress, including this very subcommittee, to discuss the issues ranging from DREAM Act to the effects of immigration law on the military. She holds three degrees from Harvard, including her J.D., M.P.A., and holds a master's in strategic studies from the U.S. Army War College. We welcome her as well. Welcome back, ma'am, to this committee. The Honorable Mark Metcalf is a former immigration judge on immigration court in Miami, Florida, and a former Federal and State prosecutor in his home State of Kentucky. Mr. Metcalf also held various positions with the U.S. Department of Justice and the Department of Defense from 2002 to 2008. He's worked as a private practitioner. He is a Lieutenant Colonel in the Army National Guard, and served as command judge advocate for the 149th Maneuver Enhancement Brigade in Kentucky. Like Ms. Stock, Mr. Metcalf has previously testified before Congress, and is an expert on immigration law. Including his testimony before this subcommittee and the 111th Congress, he received his B.A. and J.D. from the university of Kentucky. We welcome him back to the subcommittee and look forward to your testimony, sir. Mr. Metcalf. It's a pleasure, sir. Thank you. Mr. Correa. We welcome all of our distinguished witnesses and thank you for your participation. Now, if you could please rise, I'm going to swear you in. Please raise your hand. Do you swear or affirm under penalty of perjury that the testimony you're about to give is true and correct to the best of your knowledge, information, and belief, so help you God? Thank you. Let the record show that the witnesses answered in the affirmative, and thank you and please be seated. Please note that each of your written statements will be entered into the record and I will ask each one of you to summarize your testimony in 5 minutes. And to help you stay within that time limit, please look at those clocks in front of you. And we'll begin with Mr. Barajas, welcome. TESTIMONIES OF HECTOR BARAJAS-VARELA, DIRECTOR AND FOUNDER, DEPORTED VETERANS SUPPORT HOUSE, JENNIE PASQUARELLA, DIRECTOR OF IMMIGRANTS' RIGHTS, ACLU OF CALIFORNIA AND SENIOR STAFF ATTORNEY, ACLU OF SOUTHERN CALIFORNIA; MARGARET D. STOCK, IMMIGRATION ATTORNEY AND LIEUTENANT COLONEL (RETIRED), MILITARY POLICE CORPS, U.S. ARMY RESERVE; AND HON. MARK METCALF, FORMER IMMIGRATION JUDGE AND LIEUTENANT COLONEL, ARMY NATIONAL GUARD TESTIMONY OF HECTOR BARAJAS-VARELA Mr. Barajas-Varela. Hello? Okay. Chairman Lofgren, Congressman Correa, Ranking Member Buck, and other distinguished members of the committee, thank you for the opportunity to appear before the subcommittee to testify about these important issues. My name is Hector Barajas. I am a U.S. veteran who was deported to Mexico in 2004. I'm honored to join you today to speak on behalf of my fellow deported veterans about my personal experience. I would like to acknowledge that some formerly deported veterans and supporters have joined us in the room today, including Miguel Perez, Jorge Salcerro, AGC (ph), and the Green Card veterans that are supporters. I am not proud of what led to my deportation, but I am proud of my military service and the positive accomplishments in my life, including starting the Deported Veterans Support House in Tijuana. I grew up in Compton, California. My family and I moved to the U.S. when I was 7 years old. As a child, I remember pledging allegiance to our American flag every school morning. I enlisted in the U.S. Army in 1995 when I was 17 years old. I was a lawful permanent resident at the time. I wanted to serve my adopted country, and I saw service as a way to leave the environment in Compton and possibly to afford to go to college. I arrived in Ft. Bragg and soon volunteered for airborne school, serving in the 82nd airborne from 1996 to 1999. I re- enlisted for another 3 years and left the service with an honorable discharge in October of 2001. After I left the service, I had some troubles adjusting and made mistakes. I eventually found myself in prison for an incident where a firearm was discharged at a vehicle. I was sentenced to 3-1/2 years in the State of California, and served my prison sentence. I was deported in 2004 due to my criminal record, and because I was not a U.S. citizen. I came back to the U.S. illegally that same year, started a family, and worked as a roofer. Eventually, I was deported in 2010 for a traffic incident that I had, and they reinstated my deportation. I made the toughest decision in my life in 2010. I decided to stay in Tijuana and fight to return to the U.S. legally. I wanted to reunite with my daughter and live in America without the fear of deportation. In 2013, through a combination of hard work and determination, I opened up the Deported Veterans Support House. I wanted a place that could help deported veterans in situations like mine navigate the hardship of deportation, the separation from our families, and the country we loved and served. The Support House is a lifeline for many deported veterans living in Tijuana and around the world. We provide housing, help them find jobs, file for their V.A. benefits, and connect with pro bono attorneys. We also help with burial details so that our veterans who died can return to their families in America. Under today's laws, most deported veterans will only come home to America with an American flag draped around their casket, like Enrique Salas and Jose Lopez. There's no honor in bringing deported veterans home to be recognized or thanked for their service only when they die. I proudly became an American citizen on April 13 of 2018. I qualified for citizenship due to my military service and a pardon from Governor Jerry Brown of California. I am blessed to be back home in America, and to be a father to my daughter. Once again, I want to emphasize that I am a firm believer in people being held accountable. Being a veteran does not mean that you get a free pass and never have to pay the consequences for your actions. At the same time, it does not make sense to me to deport our veterans after they have completed their sentence and paid for their actions. For veterans, deportation is a double punishment. As an example, my friend, Roberto Salazar, is a former U.S. Marine who was deported. Today he runs a men's drug rehab center in Tijuana. Roberto's daughter and his son also joined the U.S. Marine Corps. Roberto's daughter was a lively and inspiring young woman, but she passed away in an accident in 2017. We held a funeral service and burial in Tijuana, because Roberto was unable to go to San Diego to bury his daughter. I have a few recommendations on how to ensure we protect our veterans from deportation and encourage all servicemembers and veterans to naturalize. I am blessed to be a U.S. citizen today, but I believe U.S. citizenship only acknowledges what many deported veterans already believe in their hearts. We believe ourselves to be Americans. I know current law requires us to deport our veterans. I do not think it makes it morally right. We must find a solution to protect our veterans. Thank you again for the opportunity to testify, and may God bless you and may God bless America. [The statement of Mr. Barajas-Varela follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Correa. Thank you, Mr. Barajas. I'd like to call on Ms. Pasquarella for her statement. TESTIMONY OF JENNIE PASQUARELLA Ms. Pasquarella. Congressman Correa, Chairwoman Lofgren, Ranking Member Buck, and distinguished members of the subcommittee. For more than 200 years, Congress has promised immigrant recruits expedited citizenship in exchange for their military service. But since 1996, the United States has betrayed that promise. We've, instead, deported thousands of our veterans, and every day we deport more. Just last week, ICE deported Jose Segovia Benitez, a two- time Iraq and Afghanistan war veteran, combat veteran, who suffered a traumatic brain injury, and who, like many, struggled with severe PTSD and substance abuse. Jose came to the U.S. as a 3-year-old child. He knows no other home than the United States. Now he fears for his life in El Salvador. These deportations are unconscionable and immoral. They are the result of three forces working together: first, the punishing and unforgiving 1996 laws that created lifetime bars to naturalization and mandatory deportation; second, the failure of the U.S. Government to naturalize noncitizen servicemembers while they are serving; and third, hyperaggressive immigration enforcement, particularly over the past decade. Deported veterans are nearly all former lawful permanent residents. Of those we interviewed for our 2016 policy report, half of them served during periods of war, and most came to the U.S. under the age of 10, meaning the United States is the only country they know as home. Changes made to our immigration laws in 1996 were so excessively punitive that certain criminal convictions, even convictions, such as writing a bad check or possession for the sale of marijuana, even convictions for which a person may serve no time in jail at all, required deportation and bar naturalization for life. The 1996 laws dramatically expanded the definition of the category of deportable offenses known as aggravated felonies. Today, that term encompasses a whole host of nonviolent misdemeanors that are neither aggravated, nor are they felonies. The law made deportation mandatory for any LPO with an aggravated felony by eliminating all forms of judicial discretion, meaning a single criminal conviction, one mistake, can equal a lifetime of banishment with no exceptions. It means that when Mario Martinez, who wrote a statement for the record of this hearing, when he goes before an immigration judge in March, the judge will not be permitted to consider whether deportation for his domestic violence conviction that occurred more than 10 years ago, is a fair outcome. The judge will not be able to consider whether it's a fair outcome for a man who served honorably in the U.S. Army, earning the rank of Sergeant, for 6 years he served, who has lived in the United States for 52 years since he was 4 years old, who has a successful engineering career, two grown sons, a granddaughter, and an extended family who are all U.S. citizens. The judge will not be able to consider that deportation means forcing him to live the remainder of his life estranged from everything he knows and loves, because the law says one mistake and you're out. Citizen and noncitizen veterans equally struggle with reentry into civilian life following discharge. Substance abuse, mental health issues, and anger can lead to contact with the criminal justice system. And as a society, we look to rehabilitative solutions to address the scars of war, to address the trauma that inflicts our veterans, but our immigration policy looks the other way. Jorge Salcedo, who is here today and sitting beside--behind me with his daughter, was deported for the crime of spitting on a police officer, which the law at the time defined as an aggravated felony. He paid for that crime. He served 1 year in Connecticut prison. But at the conclusion of his sentence, ICE was at the prison door. ICE arrested him and detained him for 3\1/2\ years, 3\1/2\ years without the right to be released on bail while he fought his deportation case, and then it deported him. It didn't matter that he served 8 honorable years in the Army; it didn't matter that deportation denied his two young daughters their father. One mistake. Jorge sits here today because a change in law allowed him to get his green card back. He's one of the lucky few. Most deported veterans have no such option for return. The U.S. would not be deporting its veterans had the government kept its promise to them in the first place, and made them citizens while they were in the military. But over the years, numerous obstacles have stood in the way of servicemembers naturalizing. None of those obstacles, none are greater than the obstacle servicemembers are facing today, due to Department of Defense and U.S. citizenship and immigration service policies. The repatriated and naturalized veterans in this Chamber today, Hector, Jorge, Miguel Perez, who sits behind me, the AGC who sits behind me, embody the hope of deported veterans around the world, that one day too they will get the chance to come home. Their hopes lay at the feet of Congress. They did not turn their backs on our country in its time of need. We must not turn our backs on them. Thank you. [The statement of Ms. Pasquarella follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Correa. Thank you very much. Ms. Stock, welcome. TESTIMONY OF MARGARET D. STOCK Ms. Stock. Thank you. Congressman Correa, Chairwoman Lofgren---- Mr. Correa. Can you hit your microphone? Ms. Stock. Sorry about that. Mr. Correa. Thank you. Ms. Stock. Congressman Correa, Chairwoman Lofgren, Ranking Member Buck, and distinguished members of the subcommittee. My name is Margaret Stock, and I'm honored to testify today. The last 3 years have witnessed the administration using internal memos to undermine long-standing laws, in an effort to stop immigrants from joining the military, stalling their naturalization when they do join, and preventing them from continuing to serve. The new policies do not make our country safer. They harm military recruiting, they hurt military readiness, and they prevent the United States Armed Forces from utilizing talented immigrants. The new policies hide behind false national security rationales to conceal xenophobic motives. They also represent broken promises made to those who would put their lives on the line for the United States. The previous efforts of Congress to help noncitizen military members become citizens, and the improvements to the process for expediting military naturalization cases, have been practically eradicated. In 2018, the media reported that there had been a 65 percent drop in the numbers of servicemembers applying for naturalization after DOD issued a new policy memo preventing them from applying. A follow-on story explained that immigrants serving in the military were more likely to be denied citizenship than civilians. Military members cannot file for citizenship unless they receive a certified Form N-426, stating that they are serving honorably. Three years ago, getting the formed signed merely required a trip to the nearest military personnel office and spending a few minutes with any official who could verify one's service. Recently, however, the Department of Defense has changed the rules whereby this form can be certified. DOD now requires an officer in the grade of O-6 to certify the form. Enlisted soldiers report they have grave difficulty finding an officer of this grade who is willing to sign their forms. Under the 2008 Military Personnel Citizenship Processing Act, USCIS was required to process military naturalization applications within 6 months. However, the law contained a sunset date. When the law was in effect, USCIS processed military naturalization applications very quickly. Today, however, USCIS takes the position that there is no deadline for processing these cases, and they are now often taking years to process. In mid-2009, USCIS had started a highly successful program whereby noncitizen military recruits filed for naturalization when they reported to training, and in accordance with previous, long-standing wartime practice, these applications were processed so that the soldiers graduated from training, and became U.S. citizens at the same time. The current administration terminated this program in early 2018. Last Thursday, I was at the USCIS office at 26 Federal Plaza in New York City, only a few short blocks from the World Trade Center in one direction, and in the other, Chatham Square with its eye-catching monument to Chinese Americans who have fought in the U.S. military. While I was waiting, a TV monitor on the wall played a continuous loop of a USCIS film promising expedited citizenship to immigrants who enlist. The promises made in that film are false. There is no more expedited military naturalization. Today, it takes much longer for a military member to naturalize than his or her civilian counterpart, and a military member's application is much more likely to be denied. Military members have had to resort increasingly to the courts just to get the agencies to follow the law. Last week, Alina Kaliuzhna, an Active Duty soldier with no criminal record, had to sue DHS because the agency refused to make a decision on her naturalization. The law mandates that decisions must be made within 120 days of an interview. Alina was interviewed more than 3 years ago. USCIS officials told her that they had decided not to naturalize her until she was discharged, citing new DOD policies. She was discharged honorably last month without her citizenship. As I said earlier, it's now much easier for a civilian green card holder to naturalize than for similarly situated green card holders to naturalize through their military service. As a result, immigration lawyers are now advising green card holders not to join the military because it will make their naturalization process more difficult. DOD has also made it much more difficult for noncitizens to join the military in the first place. While immigrants make up about 13.5 percent of the U.S. population, they are now less than 4 percent of the military. Military recruiters report to me that they are meeting recruiting quotas by enlisting less qualified, native born Americans. In some cases, the Armed Forces just simply can't find enough qualified candidates among the native-born population, so the billets go unfilled. USCIS has also recently changed certain policies, or has plans to change certain policies in ways that harm the family members of military personnel and veterans. Policy changes are being made without transparency or accountability, and without asking key stakeholders first. I would be remiss if I did not mention the broken promises made to certain foreign nationals who worked with the U.S. Government in Iraq or Afghanistan. Many of these workers have tried to get the special immigrant visas promised to them by Congress, but they remain in danger while they await background checks that drag on for years. When the United States Government breaks the promises that it made to these individuals who put their lives on the line for the United States, and previously passed rigorous background checks, American foreign policy and the lives of American military members are put at risk. Our national security depends on keeping the promises that America makes to the immigrants who come here and keeping the promises we make when someone stands before an American flag, raises her right hand, and takes an oath of allegiance to the United States. Our security depends on keeping the promise that America is a Nation of immigrants. Given that DOD and DHS together show no interest in reversing their misguided policy changes, Congress must act. In my written testimony, I make 10 suggestions for things that Congress can do to force the bureaucrats to keep the promises that the U.S. Government has made to America's fighting men and women. I thank you for the opportunity to testify, and I'm ready to take your questions. Mr. Correa. Thank you very much, Ms. Stock, for your comments. [The statement of Ms. Stock follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Metcalf, welcome. TESTIMONY OF HON. MARK H. METCALF Mr. Metcalf. Mr. Correa, thank you. It's an honor to be here. Members of the committee, it's an honor to be here. I thank all of you, and I thank the panelists for their statements. I'm a Lieutenant Colonel, a soldier in my 28th year of service, and a combat veteran of Iraq. I served a victory-based complex as garrison Command Judge Advocate. My unit, the 149th Maneuvering Enhancement Brigade, better known as the MEB, closed American operations in Iraq and did the handover of all military installations to the Government of Iraq. With us were soldiers born in Jamaica, Cameroon, and Ukraine. In at least one case, a naturalized citizen served as a combat arms company commander. All had earned their citizenship. Thorough background checks were the rule, and this brings me to the points I believe critical to good policy. First of all, we may have differences of opinions today, but all of us are Americans. The policies conceived to advance the experience of immigrants is wide, large, and it is generous. I favor a 180-day Active Duty service requirement for noncitizens. This allows basic, yet thorough background checks to be completed that can better identify individuals whose histories require further investigation before they continue to more rigorous and sensitive training. This requirement is not onerous in light of the great responsibilities and opportunities service in the American military offers. Time in service requirement permits suitability assessments as financial, criminal, and loyalty issues are raised. I agree with policies that make this service possible that military service by the foreign-born, and the consequent American citizenship received are conferred upon those for whom no credible doubts about their suitability exists. I'll turn now, if I may, please, Mr. Chairman, to the MAVNI program. It was created to enhance force readiness. Medical and language skills were augmented through its application, and through it, some 10,400 foreign nationals were enlisted. Still, MAVNI was halted by the Obama administration in the fall of 2016. Generally, U.S.-born recruits have verifiable public and private records; recruits from outside the U.S. do not, making the need to scrutinize their histories all the more important, so that no worthy candidate is denied membership in our Armed Services and moves on to citizenship. I favor approaches to scrutiny already put in place by DOD. Recent Army experiences with the MAVNI program justifies this rigor and this flexibility. And I want to point out in my more illustrated statement to you, the incidents involving fraudulent applications. In one case, a Chinese national posing as a MAVNI recruit, only to be found as a Chinese espionage asset. I want to move on to the removal of veterans. First of all, if I had been an immigration judge sitting on Mr. Barajas' case, I would have canceled his removal from the United States. As a judge in Miami, I awarded 75 -- granted 75 to 80 percent of all cancellation applications. His was a perfect case, in my opinion, for the grant of cancellation. And, by the way, my grant of 75 to 80 percent cancellations was not unusual. The numbers from the immigration courts, if you start parsing them, Mr. Chairman, will show our immigration judges are very generous with the grant of cancellation, both the LPRs as well as NPRs. And that's something that we can talk about at further hearings, but I want to point out that Mr. Barajas is a perfect example of what cancellation was intended to relieve. I also want to point out that the cancellation process takes into consideration the kind of deep dive into the facts that the elements now being used by ICE should have been using all along. I note veteran's overall criminal history, his rehabilitation, or her rehabilitation, family and financial ties to the U.S., employment history, health and community service, in addition to the duty status, whether active or reserve, war zone duty, years in service, and decorations awarded. All of these are proper considerations. To remove one veteran who should not be removed is one too many. To consider each case on a case-by-case basis, looking at all the facts applicable, is the right approach and will always be the right approach. I thank you for your time today, Mr. Chairman. I'm happy to answer any questions you and members of the panel will have. [The statement of Mr. Metcalf follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Correa. Thank you, Mr. Metcalf, for your testimony. And now I'd like to proceed under the 5-minute rule for questions, and I'll begin by recognizing myself. First of all, Mr. Metcalf, you're absolutely right; this is not a Democrat or Republican issue. This is an issue about justice for all our veterans who have served their country, have put, essentially, their life on the line for our country. And if I may respectfully ask the deported veterans, could you just please raise your hand, please, that are here today? I just want to thank you very much for your service to our country. And my question is the basic one, Senor Barajas, which is: Why, when these soldiers are in the service, why do you not become citizens? Are those resources not given to you? Is that not an issue? Or were you promised automatic citizenship when you enlisted? Mr. Barajas-Varela. Thank you, Congressman, for that important question. There's two things that happen. I think the government needs to be held accountable when they promise citizenship, and there needs to be some kind of program in place---- Mr. Correa. When you say the government promise citizenship, what does that mean? Mr. Barajas-Varela. The recruiters. Mr. Correa. The recruiters promise---- Mr. Barajas-Varela. They promise you citizenship. And, basically, one of the things that doesn't happen is nobody sits down with you and actually makes sure that you know what kind of forms needs to be filled out. And, also, it's an individual responsibility, but definitely the U.S. Government needs to make sure that there is some kind of program in place, that they set aside either time or have somebody that can show you what path needs to be done. Mr. Correa. Thank you. Ms. Stock, you mentioned the program they terminated, that when you graduate, you know, from training, in terms of putting you on a fast track to become a citizen, you said that problem has been canceled or suspended? Ms. Stock. The problem has been canceled. It's a problem that existed during World War I, World War II, the Korean War, the Vietnam War. It makes sense legally for the United States not to deploy people overseas when those people are not American citizens and they're fighting in our Armed Forces. The background checks, by the way, that are done on military members are done before they enter the service, or they---- Mr. Correa. Right. Ms. Stock [continuing]. Should be done before they enter the service. Mr. Correa. So let me ask you, is there a difference right now, quantifiable difference, if you're a Marine, Air Force, Army, in terms of level of citizenships that may--folks that may become citizens after they are discharged? Ms. Stock. Well, all of the services had basic training naturalization until January 2018, when it was canceled. So now we have chaos. And we have service---- Mr. Correa. Can you be more specific, when you say ``chaos''? Ms. Stock. Yes. Every day, I get a call from a green-card holder in the military who says, ``Nobody will help me file for citizenship. I don't know how to file. I can't get anybody to sign my N-426. They're telling me I'm not eligible for citizenship. Nobody's willing to assist me.'' Mr. Correa. So when you mention it's harder for a green- card holder in the military than a green-card holder outside the military to become a citizen, how is that? Ms. Stock. Well, civilians don't need to go through convoluted, multiyear background checks by the Department of Defense before they become citizens. They don't need to get an N-426 certified. They don't need to find an officer in the rank of 06---- Mr. Correa. And I asked you that because--I bet in my district--I bet I have the most Latino district in the country. These kids I know from my high schools that are residents don't ask, how hard is it going to be for me to become a citizen? They just enlist. Ms. Stock. That's true. Mr. Correa. Marine recruiters are in their high school, and these kids with honors say, ``I'm going to sign up,'' and I don't think the thought of becoming a citizen is there. They're there to serve their country. And this concerns me because we need to move ahead and revert back to that program that was just canceled to make sure that these soldiers that are serving with honor have the right to become a citizen and that right is a meaningful one. Ms. Stock. The program was highly successful---- Mr. Correa. So where do we go here? Do we present some legislation, something that maybe my colleagues can also support us, to move in that direction? Ms. Stock. Well, the law allows programs like this to exist, and they were common, as I said. World War I, World War II, the Vietnam War, the Korean War, this was the standard practice of the United States Government. It was only reversed by the Department of Defense through internal memos that undermined the express intent of Congress in a statute passed by Congress more than 100 years ago. We have here lawlessness by the Department of Defense. They're simply undermining a statute with internal executive memos. Mr. Correa. Judicial discretion, did you mention that? Or was that you, Ms. Pasquarella? Did you mention that? Did the 1996 act take away some judicial discretion? I know Mr. Metcalf had a different perspective on that. Tell me. Ms. Pasquarella. Yes. And that is one of the most troubling aspects of the 1996 changes that were made to the immigration law, that it removed all forms of judicial discretion for any person who has an aggravated felony and, again, expanded the definition of aggravated felony. So you have more people who are subject to deportation, even for misdemeanors, for things we don't classify as actual--as aggravated---- Mr. Correa. I'm out of time, but I just want to say, in Orange County, we were the first--one of the first pioneers on creating veterans courts. I know these issues are very complex, so I look forward to working with you on this issue. And now I'd like to recognize Mr. Biggs for 5 minutes of questions. Mr. Biggs. Thanks, Mr. Chairman. I think we all understand that many of our veterans have struggled with reintegration due to TBI or PTSD issues. And that's why I've introduced a bill and a piece of legislation to advocate for--I advocate today for my colleagues across the aisle to join me to make access to HBOT therapy more available--that is--and more easily. It is coldhearted to withhold support for this important therapy for our veterans. So when I see Mr. Barajas-Varela indicate that he was struggling to reintegrate, I don't think that's unusual for many of our servicemen and -women who come back. HBOT therapy is going to be helpful for that. But you also said that there's no free pass and that deportation is a double punishment. Let me explain why that's not so. There's no free pass because you did serve the time for shooting at a vehicle. I mean, that was the charge, you were convicted, you served your time. It became a specific as well as a general deterrent. You were later deported because of that because you were not a citizen. There's nobody else that would get an exception to that who is here because of any other rationale. They would still be deportable, as you were. And you left, were deported, and then you reentered illegally and were deported again. And I'm happy for you that you received a pardon and now you've received your citizenship. But to say it's a double punishment is illogical. The first punishment for violating the crime--or committing the crime is the actual criminal sentence itself. The deportation is applicable to any person who's in the country that is not a citizen who is engaged in criminal conduct. That is not a second penalty. That is just--that's the penalty that comes for failing to obtain citizenship. And I read your statement and listened to you testify. You might have had a misunderstanding of what you needed to do to obtain citizenship. That's fair. That's a fair comment. But I also want to point out some data that I think is absolutely mind-boggling that it--this wasn't brought out. Ms. Pasquarella pointed out a person named Jose Segovia Benitez. And yet this individual--who was deported after being a combat veteran. This person was convicted of, among other things, corporal injury to a spouse, for which he received an 8-year sentence, assault with a deadly weapon, and false imprisonment. Well, you know what? He didn't naturalize when he was in the military; thus, he is subject to deportability. That's the way the law works. That type of criminal conduct do constitute aggravated felonies. They aren't the misdemeanors that you said are a result of this expansion of the term ``aggravated felonies.'' We've also heard about the higher denial rate for U.S. military applications for citizenship. That rate is 17 percent. Overall it's 11 percent, but for military it's 17 percent. But you need to understand you're talking apples and oranges here. Because from April 1 to June 30, 2019, there were only 2,353 pending military naturalization applications, compared to 683,000 civilian applications. USCIS had received 875 military applications, compared to 209,000 civilian applications. So there are some interesting things when you manipulate statistics in the way that I heard here today. GAO reviewed the cases involving 87 of the 92 veterans who were ultimately deported from 2013 through 2018. Eighteen of those veterans, 21 percent of the total, were convicted for sexually abusing a minor. Two others were convicted of sexual abuse. Twenty-one were convicted of a violent felony such as homicide, assault, or attempted homicide or assault. That's 24 percent of the total. Nine were deported for having been convicted of firearms- or explosives-related crimes. And those cases that I'm talking about, over half of them were removals during the Obama administration and not under the Trump administration, as so many of you want to focus on. So, Mr. Chairman, I ask unanimous consent to enter into the record the following documents: the Department of Justice press release from September 25, 2018, entitled, quote, ``Chinese National Arrested for Allegedly Acting Within the United States as an Illegal Agent of the People's Republic of China,'' close quote, which summarizes the alleged facts surrounding the case of Ji Chaoqun, who enlisted in the U.S. Army through the MAVNI program and who was subsequently believed to be working at the direction of a high-level intelligence officer at the Chinese Ministry of State. Also, the October 2017 Department of Defense memo specifying that the certification of honorable service may not take place until security checks are complete and at least 180 days of Active Duty service has been completed, demonstrating that DOD takes seriously its role in the naturalization of those who serve our country honorably. And, three, USCIS publicly available web pages outlining, one, the process for naturalization through military service and, two, the military helpline number. And I see my time has expired. Thank you, Mr. Chairman. Mr. Correa. Without objection, we'll receive that letter. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Correa. I'd now like to call on our chairman, Mr. Nadler, for 5 minutes of questions. Chairman Nadler. Thank you, Mr. Chairman. Mr. Barajas, thank you for coming here and sharing your story. It appears stories like yours are all too common. A June 2019 GAO report identified 250 veterans placed in removal proceedings from fiscal years 2013 through 2018 and at least 92 veterans who were deported. As I mentioned in my opening statement, many of these veterans have been removed from the United States as a result of transgressions tied to PTSD, brain injury, and other physical trauma suffered while on Active Duty. How could the government, especially the Department of Defense, better inform military servicemembers and our Nation's veterans about their eligibility for naturalization? Mr. Barajas-Varela. Could you say that question again? Chairman Nadler. How could the government, especially DOD, the Department of Defense, better inform military servicemembers and veterans about their eligibility for naturalization? Mr. Barajas-Varela. We need to have some kind of program in place, again, where they can explain the forms that need to be done or--that's my suggestion for that. Chairman Nadler. Okay. Now, Ms. Stock, let me turn to you. In your testimony today, you laid out how the Trump administration has made life more difficult for green-card holders who join the military and then apply for naturalization. Were military servicemembers and/or immigration attorneys working on military naturalizations informed about these changes ahead of time or able to provide any input before the changes were implemented? Ms. Stock. No, they were not. Chairman Nadler. Was there any outreach? Ms. Stock. No. And there was no cost-benefit analysis. Chairman Nadler. That was my next question. There's no cost-benefit analysis to support this with the---- Ms. Stock. None. In fact, the services have pushed back at the requirements because they say they're unreasonable and they're making it hard to recruit people. Chairman Nadler. They've pushed back on the requirements that DOD has imposed. Ms. Stock. Against DOD. The services have sent emails to DOD saying they don't agree with these new requirements. Chairman Nadler. So this didn't come from the services; it came from DOD upper levels. Ms. Stock. It came from DOD, which did not do any cost- benefit analysis. There was no congressional hearing, no discussion about it externally with stakeholders, no cost- benefit analysis on the impact it was going to have on the force or on military recruiting. Chairman Nadler. Was there a process in place for LPRs serving in the military to have their Form N-426, the Request for Certification of Military or Naval Service, which is essential to the naturalization process, signed by the proper authorities, as required by the October 13, 2017, DOD policy changes? Ms. Stock. They put out the memo, but they didn't do anything to educate people generally about what should be done. There was kind of haphazard memos put out that didn't reach to the lowest levels. In fact, if you talk to recruiters today, they'll still tell you that, oh, soldiers can be naturalized at basic training. They don't even realize things have changed. People are told that it's easy to get your N-426 certified but you have to wait till you get to your first unit. And then when you get there, you can't find anybody who will certify it, because there's no public education effort to tell people how to get it certified. Chairman Nadler. From your experience, what's the average time it takes for a servicemember to receive a response to a request for certification of honorable service once they complete the N-426? Ms. Stock. It's taking months, the exception being that if they email it to me, I have a special email and I can send it to somebody who will get one signed in a couple of weeks if you're in the Army. Chairman Nadler. A couple of weeks. Ms. Stock. But it's only if you know enough to email me your N-246 that that happens. Chairman Nadler. And if you don't, it takes months. Ms. Stock. It can take months. The forms are getting lost. People just never hear back after they submit them. Chairman Nadler. Now, what signal do you think that these DOD policy changes send to LPRs who are thinking about joining the military, and what signal do they send to LPRs currently serving in the military or who are veterans? Ms. Stock. Unfortunately, they send a signal that their service is not valued, that they are not welcome in the military. And they also send a signal that they should not join the military until after they get their citizenship, because they're going to face a very long haul to get their citizenship if they try to do it after joining the military. Chairman Nadler. And what DOD or USCIS support services are available to servicemembers seeking citizenship while in the military? Ms. Stock. There used to be very strong services because the basic training naturalization sites had teams that were dedicated to handling military cases on each of the basic training sites throughout the country. Those have been dismantled, so now it's rather ad hoc. There is a military helpline you can call, but you often get wrong information when you call the military helpline. Chairman Nadler. So, in other words, the bureaucratic requirements are increased, and the resources were decreased at the same time. Ms. Stock. That's correct. Chairman Nadler. Now, from your experience, what's the average length of time it takes to process a military naturalization application? Ms. Stock. It used to only take a few months when they had basic training naturalization in place. Now, in many cases, it's taking upwards of a year or 2 or sometimes 3 or 4 years. Chairman Nadler. And USCIS plans on closing most of its international field offices and consolidated overseas military naturalization--consolidating them into four hubs. I think they had 26 field offices; they're now going down to 4 hubs. How will these changes impact servicemembers and their families who are seeking citizenship while stationed abroad? Ms. Stock. Those closures will make it much harder for individuals to get United States citizenship. Chairman Nadler. And one more question. How can we stop the deportations of military veterans? Ms. Stock. Restore basic training naturalization. We will not have any deported vets if everyone gets naturalized before they leave the military. And I should point out that Congress put an important safeguard in the law allowing expedited naturalization. The law says that if you don't serve honorably for a period or periods aggregating 5 years, you can lose your citizenship that you gained through military service. So there is no reason for these misguided policies, because the legal means already is in the law to take care of anybody who's a bad actor and misbehaves after they get their citizenship. Chairman Nadler. No reason other than ill will. I thank you. I yield back. Mr. Correa. Thank you, Mr. Chairman. I'll recognize Mr. Buck, the ranking member, for 5 minutes of questions. Mr. Buck. Thank you. Ms. Stock, do you have a security clearance currently? Ms. Stock. Currently? No. I'm retired. Mr. Buck. Do you have any access to classified information that was involved in making the decisions about who would receive--which veterans would receive citizenship? Ms. Stock. I only reviewed unclassified summaries. Mr. Buck. And would you be surprised to know that there were thousands of folks who for classified reasons were not allowed to receive citizenship because they had ties to foreign countries? Ms. Stock. That's not correct. Mr. Buck. You don't believe that? Ms. Stock. No. The citizenship applications are actually not classified, so---- Mr. Buck. No, it's classified information as to why they did not receive citizenship. Ms. Stock. It's not classified. They give you a written decision telling you why you're being denied citizenship. Mr. Buck. And so you believe that if someone has ties to China, to Chinese intelligence services, that there will be a public statement identifying that person as having ties to Chinese intelligence services. Is that what you're saying? Ms. Stock. No. What I'm saying is, when you go through the naturalization process, you have to complete a form, you have an interview, and if you're denied naturalization, you are given a written statement in writing explaining why you're denied naturalization. Mr. Buck. And that written statement in writing may not include the reasons for--the classified reasons for you not to be given that privilege of becoming a U.S. citizen. Ms. Stock. No, they will tell you directly why you're being denied. Mr. Buck. So, seriously, you're saying here today that a top-secret relationship--a top-secret information that has been developed during the Obama administration, by the way, that identifies an individual as having a relationship with a Chinese intelligence service, that that is going to be identified in a public document. That's what you're saying? Ms. Stock. No, that's not what I'm saying, Congressman. What I'm saying is, when you apply for citizenship, there is a form that asks you questions, including things like, you know, whether you've done this, that, or the other thing, and you have to answer those questions under oath. And if you lie under oath, they will deny you naturalization, and they will say, ``We're denying you naturalization because you lied to us and said X, and X wasn't true.'' It's given to the individual. They don't need to rely on classified information, and they don't. Mr. Buck. Well, they certainly have access to classified information when they make a decision about whether to grant someone citizenship or not. Ms. Stock. They don't normally, no. Mr. Buck. The Department of Defense doesn't have access to classified information? Ms. Stock. The Department of Defense doesn't naturalize people. It's DHS. Mr. Buck. I understand, but---- Ms. Stock. It's the United States Citizenship and Immigration Services. Mr. Buck [continuing]. One agency of the government will work with another agency of the government to determine whether someone has a relationship that would be threatening to this government. Ms. Stock. Interestingly, DOD doesn't pass that information along to USCIS. This came out in a court proceeding recently, that DOD, if they have that information, they don't give it to USCIS anyway. Mr. Buck. Okay. So---- Ms. Stock. But the naturalization proceeding is not classified. Mr. Buck. So it's your understanding that no one has been denied a--no veteran has been denied citizenship based on a relationship with a foreign intelligence service. Ms. Stock. Well, I think the case that was raised earlier, Chaoqun Ji, he was never naturalized. Mr. Buck. But that's not my question. My question is, your understanding is that there has never been an individual denied citizenship--a veteran denied citizenship as a result of relationship with a foreign intelligence service. Ms. Stock. I can't answer that because the country's been fighting wars since 1775 and I don't know every single case of somebody being denied citizenship for more than 200 years. But I do know that the concerns about national security that have been raised regarding the MAVNI program are overblown. And that was proven in a court case in Seattle where the Department of Defense came into court and presented the facts to the judge and the judge dismissed these concerns and said they were not valid. Mr. Buck. Well, let's get to a real simple question. Would you be in favor of naturalizing an individual--or for an individual to become a naturalized citizen if that individual had a relationship with a foreign intelligence service? Ms. Stock. Well, I'm not sure what you mean by a relationship with a foreign intelligence service, but---- Mr. Buck. How about they worked for and received money from a foreign intelligence service to provide information about the United States of America? Ms. Stock. If the individual was a spy and they failed to reveal that information in their naturalization application and they got naturalized by accident, they could be denaturalized as soon as the government found out that information. They could be prosecuted and deported. And I'm certainly in favor of that. Mr. Buck. Again, that isn't my question. My question is, would you be in favor of naturalizing that person? Ms. Stock. I'm not in favor of naturalizing anybody who doesn't meet the requirements to become an American citizen, and certainly a foreign spy does not meet the requirements to become an American citizen. Mr. Buck. I appreciate the answer. Thank you very much. I yield back. Mr. Correa. Thank you. Ms. Jayapal, you're recognized for 5 minutes, ma'am. Ms. Jayapal. Thank you, Mr. Chairman. And I thank the witnesses for being here. The U.S. military has long relied on immigrants to protect our country. Within the United States, we have 2.4 million veterans with immigrant ties. But we also rely on assistance from foreign nationals abroad, including in Afghanistan and Iraq. In January of 2006, Congress created a Special Immigrant Visa, or an SIV, to provide a path to safety in the United States for Iraqi and Afghani translators who worked for the U.S. military and are subsequently facing danger. This is simple common sense, in my view. When people put their lives on the lines to defend our country, the only right thing to do is make sure that they and their families are protected. For over a year now, I have worked with Congressman Raskin and a number of Republican offices to advocate for a gentleman that I will call Muhammad Kamran, a translator who worked with the U.S. military and several national and international agencies for nearly a decade in Afghanistan. Ms. Stock, in your experience as a lieutenant colonel in the Military Police Corps and U.S. Army Reserve, would you agree that the assistance of native translators in countries like Afghanistan and Iraq have been critical to U.S. military operations in those countries? Ms. Stock. Yes, they're absolutely critical. Ms. Jayapal. And what it is that makes them so critical? Ms. Stock. We can't operate in those countries effectively if we don't have people by our side who speak the local language and understand the local culture. Ms. Jayapal. And what level of danger are those translators putting themselves in when they agree to do that job? Ms. Stock. They're putting themselves in extreme danger. Many of them have been killed, their family members have been murdered because they've sided with the United States in a conflict overseas. Ms. Jayapal. Unsurprisingly, people like Mr. Kamran face persecution and retaliation, as you mentioned, due to their service. In fact, Mr. Kamran and his family have faced persistent persecution, including assassination threats from the Taliban. Just 1 week ago, Mr. Kamran was arrested by military police, and there's a possibility that he will be disappeared. And yet State has denied Mr. Kamran's application on a, quote, ``discretionary basis.'' His case is part of a larger trend. State Department data shows a 60-percent drop in SIVs issued to Afghanis. The drop among Iraqis is even worse, from 2,500 in 2017 to 181 in 2019, a drop of over 90 percent. Ms. Stock, in your opinion, what is causing these delays and drops in admission? Ms. Stock. A lot of it is fear on the part of the bureaucrats who are supposed to be conducting background checks on these individuals. They're afraid to approve anyone. And it's also a lack of resources and a lack of attention by the leadership, who doesn't seem to want to focus on the essential process of saving folks who put their lives on the line for America. Ms. Jayapal. How do we improve those programs to ensure access to safety for our Iraqi and Afghani allies under the SIV program? Ms. Stock. Well, Congress did pass a statute that set a deadline, but unfortunately the bureaucracy is ignoring the deadline. So I think Congress needs to provide strong oversight to ensure that those statutes are followed. Ms. Jayapal. And what does the vetting process currently look like for SIV applicants? They've already been vetted to serve alongside our troops. Isn't that quite a bit of heavy vetting that has already been done for these individuals? Ms. Stock. They're already heavily vetted. And they have huge files filled with testimonials about their loyal service to the United States, sometimes over a period of many, many years. It's unclear what exactly is going on in the subsequent vetting that seems to take years and years. From what I can tell, most of it is simply a file being put on a shelf and nothing happening. Ms. Jayapal. And beyond the immediate humanitarian concerns to protect those who have risked their lives for us, another thing that concerns me is the message that we're sending to potential future allies. So how does this failure to protect these people impact our national security interests and the ability of our troops to safely do their jobs in Iraq and Afghanistan today? Ms. Stock. It's quite bad. The people who are potentially out there that might be willing to help us in the future are going to turn and look at how Muhammad was treated and say, ``I don't want to take a chance. I'm not going to help you next time.'' Ms. Jayapal. Mr. Chairman, the treatment of people who have put their lives on the line defending our country is just unacceptable. Whether it's immigrants living here who have signed up to protect our country or people abroad who have done so despite significant threats to their and their families' lives, it is our duty to stand alongside these communities and demand justice. I thank you for holding this hearing, and I yield back. Mr. Correa. Thank you, Ms. Jayapal. I fully agree with you. And now I'd like to call on Ms. Garcia from the good State of Texas. Ms. Garcia. Thank you, Mr. Chairman. And thank you for convening this hearing on this very important topic. I know that this is something that many of us in Texas are very concerned about. Over 20 percent of people who have been awarded the Medal of Honor were not born in the United States. My State of Texas is home to both the second-highest number of noncitizens and the second-highest number of veterans in the Nation. Therefore, Texas is home to a high number of noncitizen veterans, making this topic especially important to many of us, particularly many of my constituents. According to a 2017 report from the National Immigration Forum, about 40,000 immigrants currently serve in the Armed Forces and about 5,000 noncitizens enlist each year. We must not forget the people behind these numbers, like Mr. Frank de la Cruz, who came to the United States as a young boy with his family in 1978 and settled in Texas. De la Cruz graduated from high school and joined the Navy, as he says, out of pride for his country. Following an honorable discharge, de la Cruz went on to serve in the Army National Guard. He also worked at his local Department of Veterans Affairs office. While serving in the Navy during the Persian Gulf War, de la Cruz and the ship crew would do what many do when they would dock: They would go out drinking, perhaps using it as a way to cope with their anxiety about the war. Later in life, unfortunately, he was convicted of a DWI. He was unable to afford an attorney. He was deported back to Mexico. When his wife asked him why he can't adjust to life in Mexico, de la Cruz responds simply with, ``This isn't my life.'' It is true that immigrants are often the most patriotic Americans, as they have experienced different places and are able to truly appreciate the contrast of how wonderful it is to live in the United States. As has been noted, noncitizens have in fact joined the Armed Services since the Revolutionary War and, since then, have likewise joined ranks and fought alongside their citizen counterparts during every major conflict, from World War--not ``World War,'' but War of 1812 to the current conflicts in the Middle East. So I thank our witness here today who speaks for the veterans that have been deported and all those that join him today. Muchisimas gracias. And I begin my question with you, sir, Mr. Barajas. You said that you don't really get the details about the process. Do you get any legal assistance? Mr. Barajas-Varela. Unfortunately, when I was in the military, there was--actually, there was. There was, I believe, JAG that you could go through. But, again, there was nobody that really directed me towards the path. And then a failure on my part. But I really think that we need to make sure either our squad leaders or somebody at some point, you know, makes sure that that happens. Ms. Garcia. But do you know if they get legal assistance now? Mr. Barajas-Varela. I'm not sure what the--what it is right now, if there's JAG or some kind of department that the military has. I've been out for almost 20 years. Ms. Garcia. All right. Well, my colleague, Congressman Vicente Gonzalez, also a Texan, introduced the Repatriate Our Patriots Act, a simple bill that would allow special veterans a path to citizenship. These special veterans include those individuals who are honorably discharged from the Armed Forces, have not been convicted of a voluntary manslaughter, murder, rape, sexual abuse of a minor, or any offense related to terrorism. Do you support passage of this bill? Mr. Barajas-Varela. Yes. Ms. Garcia. That's good. Do you, Ms.--is it ``Baquelera''? Ms. Pasquarella. Thank you. ``Pasquarella.'' Ms. Garcia. ``Pasquarella.'' Okay. I didn't need Spanish for that. Ms. Pasquarella. I have not reviewed the bill, so I can't give you an affirmative ``yes'' or ``no,'' but it sounds like something I'd support. Ms. Garcia. Right. And there was something said by one of my colleagues about how this wasn't really double punishment, but I'm going to read straight out of ``The Land of the Free, No Home to the Brave.'' It's a report from the Texas Civil Rights Project, which I'd like to be entered into the record. I ask for unanimous consent. Mr. Correa. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Ms. Garcia. And it says noncitizens have, in fact, joined the Armed Forces, and it says that it really is a double punishment, because you do go through the criminal justice system and you are convicted; then that conviction then is used to deport you, and then you're deported. So it's double punishment. And he said--I forget what my colleague said, but he said that there was no logic to that. And do you agree or disagree that that is double punishment? You, ma'am. Ms. Pasquarella. Thank you. Absolutely agree. It is 100 percent double punishment. People serve their time in criminal custody, they pay the price for that crime, and they should go home, the same way that citizen veterans go home. Instead, they face lifetime banishment. It's as if they're serving a life sentence, because they can't be with their families, they can't be with everything they know in life, which is here in the United States. Ms. Garcia. Thank you. I yield back, Mr. Chairman. Mr. Correa. I thank you very much. And now I'd like to call on Mr. Neguse from the State of Colorado. Mr. Neguse. Thank you, Mr. Chair, and thank you for hosting this important hearing. Also, I want to start by thanking our veterans in the room for your bravery and service to our country. It is thanks to you and others fighting for our country's security that we can be here today. As has been said by many of my colleagues, under this administration, in my view, immigrants have been under constant attack, including those fighting for our freedom. Immigrants have served in the U.S. military since the Revolutionary War and continue to serve today. Most are lawful permanent residents. About 511,000 foreign-born veterans are residing in the U.S. and represent 3 percent of the total veteran population of 18.8 million. They fill vital roles in the military when there are not enough U.S. citizen recruits. For example, certain nationals of Iraq and Afghanistan, as has been mentioned, serve as translators or interpreters. They would be allowed to apply for LPR status through a Special Immigrant Visa, but their applications are being delayed, which can make them at risk of being targeted for assisting the U.S. The changes in numerous policies are atrocious and hurting veterans and their families. They have made it harder for military servicemembers to naturalize, for their families to adjust status, and to receive protection for deportation. Instead, in my view, we should be focusing on ensuring that veterans receive the medical care they earned, as well as help them with their immigration cases. The U.S. Immigration and Customs Enforcement have policies that require them to take additional steps when handling cases of potentially removable noncitizen veterans. However, a report by the U.S. GAO found that agencies were unaware of the policies in place for veterans in removal proceedings. It is beyond disheartening to hear that our veterans are not being given the appropriate level of review on their immigration cases. And let us be clear: It is un-American to deport immigrants fighting for our safety and our freedom. We should not leave them to feel abandoned and to feel hopeless. Mr. Hector Barajas-Varela, I want to first thank you for your service to our country. Mr. Barajas-Varela. Thank you. Mr. Neguse. You chose to enlist in the Army at age 17. You served for 5 years, and you earned an honorable discharge in 2001. As a veteran and as a green-card holder, you lacked the protection of citizenship, and you were deported after serving time for a criminal charge after discharge. Could you please walk us through how this may have been different if you would have received guidance from the U.S. military on how to apply for citizenship, either during or after your service to this country? Mr. Barajas-Varela. I firmly believe that if, you know, my squad leader would have sat me down and--you know, some people say that we shouldn't hold your hands to, you know--that we're not there to hold your hands. But, literally, we're there to show you how to march; we make sure that your power of attorney is done. So why not make sure we sit down with our soldiers and make sure that that's taken care of so before they go off to Afghanistan or Vietnam that they're already U.S. citizens? So it's very important to take care of our soldiers. Mr. Neguse. Thank you. Lieutenant Colonel Stock, thank you for your service as well, and thank you for being here today. In your testimony, I believe--certainly in your written testimony, which I reviewed, but I suspect in your oral testimony as well, you mentioned that the Department of Defense issued two significant policy changes on October 13, 2017, that made it harder for military servicemembers to naturalize. From your experience, what is the average time that it takes for a servicemember to receive a response to a request for certification of honorable service once they complete their USCIS Form N-426? Ms. Stock. As I mentioned earlier, it varies dramatically, but right now--sometimes they don't get a response at all, but it's taking many, many months since the policy change. It used to happen in a matter of minutes. You could walk into your local military personnel office, hand them the one- page form and say, could you please certify that I'm serving honorably? A clerk would look up your record on the system, and you would get an officer signing your form almost immediately. But now it's taking months and months. Mr. Neguse. A matter of minutes---- Ms. Stock. Previously. Mr. Neguse [continuing]. To, now, a matter of months, to potentially never receiving an answer. Ms. Stock. A lot of people tell me they never get an answer. They send the form in, and they never hear anything. Mr. Neguse. What message does that send to LPRs who are thinking about joining the military? Ms. Stock. It sends a terrible message. And it's one of the reasons why a lot of LPRs are now contacting me and telling me they've decided not to join the military. They're going to wait until they get their citizenship as a civilian, which takes less than 6 months right now in many parts of the country. They can file electronically if they're civilians. They can't do that if they're in the military. They have to send a paper packet in to Chicago through the mail, which gets lost. Military people are often told their packet's been lost. I was in Sacramento a few weeks ago with a green-card holder who had finished all his training, was supposedly eligible for citizenship. He walked into the building for his naturalization interview, and the officer said, ``I'm sorry your lawyer flew here several thousand miles to be with you today, but we can't find your packet in the building. It was barcoded into the building, and we've lost it. And we'll let you know when we find it.'' We have not heard from them ever since. Mr. Neguse. Thank you, Lieutenant Colonel. And the stories you share today are stories we certainly need to hear, and I hope that the administration is listening. And thank you, Mr. Chairman. Mr. Correa. Thank you, Mr. Neguse. Now I'd like to call on Ms. Mucarsel-Powell from Florida. Ms. Mucarsel-Powell. Thank you, Mr. Chairman. And thank you, for all the witnesses, for being here this afternoon and sharing your stories. Florida is home to one of the largest veteran populations in the country. We actually have the third-largest population of veterans in Florida in the country, around 1.5 million who live there. My district is also home to some veterans that have been waiting for the naturalization process. And one of the things that I just want to make very clear is that, for those members that have served our country, several of you here today, we owe you our deepest respect and our gratitude. But I also hear from servicemembers and veterans about the stress that serving our country puts on their families and their children. Servicemembers sacrifice a great deal, and so do their loved ones. We should not be making the lives of servicemembers, veterans, and their families any harder. Our men and women in uniform put their lives on the line and have earned the privilege to live and work in our country. And I am a naturalized citizen myself, and I know how arduous the process is to become a legal U.S. citizen. But if we're asking our servicemembers to put their lives on the line to fight for our freedom, we need to make sure that the naturalization process is much easier for them. But, under this administration, we've seen that the number of military naturalizations has declined by 44 percent, almost half. And it's just unacceptable. We should not be making it more difficult for honorable members of our military service to naturalize. And my first question: Ms. Stock, can you explain to us why those numbers have dropped significantly in these past 2 years? Ms. Stock. Well, they've dropped for a couple of reasons. One is DOD has made it harder for green-card holders to join the military. Second--and if you don't join, you can't apply for naturalization. Second, they've made it harder for them to get the form signed that they need in order to apply. And you can't apply without this form, and if you can't get it signed, then you're not eligible to apply. And then they've made it more difficult to get citizenship. They're applying different standards to military people that are inappropriate. An example is a woman who's sitting in the audience today, Yea Ji Sea. She was wrongly denied naturalization by U.S. Citizenship and Immigration Services. They denied her application while she was serving on Active Duty in the military. She then reapplied for naturalization. She was discharged from the military and approved for naturalization after the ACLU took her case and filed a lawsuit against the government. So we have a case of somebody serving honorably on Active Duty who gets wrongly denied citizenship; she leaves Active Duty and is approved for citizenship. This makes no sense. Ms. Mucarsel-Powell. And I'm assuming she wasn't a Chinese spy. Ms. Stock. Well, I think she's from South Korea. Ms. MuCarsel-Powell. Oh. Okay. But was there a reason given to her when she was serving that her citizenship was denied? Ms. Stock. Yes. They said she lacked good moral character. She was serving honorably on Active Duty, and she was told that she lacked good moral character. This is a catchall term they use when they have come up with some excuse for you're in the military and we don't think you should be a citizen, so we're going to accuse you of lacking good moral character. Ms. Mucarsel-Powell. Okay. Well, it seems like a lot of these changes in these procedures are just cruel, without an explanation to that. So what's the purpose of changing this policy, do you think? Ms. Stock. As I said earlier, it's driven by xenophobia. Ms. Mucarsel-Powell. And how--can you prove that to us right now? Ms. Stock. I can prove it. Ms. Mucarsel-Powell. Can you give us---- Ms. Stock. In fact, I'm hoping---- Ms. Mucarsel-Powell [continuing]. Some clear evidence of that? Ms. Stock. I can prove it. Ms. Mucarsel-Powell. Because I don't think my colleagues sometimes understand that that exists in this country. Ms. Stock. It does exist. And I can prove it by directing the distinguished members of the subcommittee to start taking a look at some of the so-called background checks that DOD is doing on immigrants who join the military. They are laughable and bizarre. And they say things like, you have a relative who served in the South Korean military; therefore, this is derogatory information and requires your discharge from the military, making you ineligible for American citizenship. They say things like, your parents are from a foreign country; that's derogatory information. Now, of course, DOD, when these individuals got recruited, knew they were immigrants. By definition, all of their parents are foreign. Ms. Mucarsel-Powell. Yeah. Ms. Stock. If their parents were citizens, they wouldn't be immigrants. And yet they're being told that this is derogatory information requiring their discharge from the military. Ms. Mucarsel-Powell. Thank you, Ms. Stock. One last question. I want to ask you, if you could, speak a little bit about what just happened with the USCIS decision to no longer consider children of military servicemembers and other government employees as residing in the U.S., for purposes of acquiring U.S. citizenship. So kids that are born outside of the United States but their parents are U.S. citizens are now being denied U.S. citizenship. Can you talk briefly about that? I'm very concerned about this new rule. Ms. Stock. Yes. This was not something that the agency warned anybody about ahead of time, although I'm told internally within DOD they floated it, but they didn't float it with anybody who understood immigration law. If they had floated it ahead of time, they would've learned that lots and lots of children were going to be affected by this. But because the agency doesn't understand immigration law, they didn't realize -- they claimed there were only 25 children affected, when that's not true. So what happened was they said basically they're going to punish people who choose to be stationed overseas or who are sent overseas. If they lived in the U.S., their kids would automatically get citizenship, but because they're not living in the U.S., the kids are not going to get automatic citizenship, and the parents are going to have to file convoluted and expensive applications to get them recognized as citizens. Ms. Mucarsel-Powell. And this is for kids of servicemembers who are American citizens. Thank you. I've run out of time. Thank you so much. Ms. Stock. That's correct. Mr. Correa. Thank you very much. I'd like to call on Ms. Escobar from the good State of Texas. Ms. Escobar. Thank you, Mr. Chairman. And thank you for having this very important hearing today. Many thanks to our witnesses. Really appreciate the time that you've spent helping educate this subcommittee on these issues. I want to thank the veterans and their families who are in the audience, who flew all the way to Washington, D.C., to make sure that it wasn't just your voices that were heard but the voices that you bring with you of all veterans who have had to endure, really, the trauma that you all have endured after having served our country and protected our Nation. Thank you for your service. And please share my gratitude and the gratitude that so many of us have with your fellow servicemembers who have had to endure the same kind of trauma. Please tell them we're grateful for their service. I represent El Paso, Texas, which is a great, safe, secure community on the U.S.-Mexico border, which is also a home to Fort Bliss, one of the most important military installations in the country. And so, many of these issues, for me--El Paso is an intersection of those issues, of immigration and, really, the attacks on migrants that we've seen under this administration, but also trying to uplift and support veterans and military personnel. And it is--really, it's been very difficult to watch how our country has turned our backs not just on allies but turned our backs on servicemembers who have fought honorably for our country. And, yes, this is a double punishment; there is absolutely no doubt. You know, I just--I want to remind some of my colleagues that we seem to have come a long way in recognizing how veterans, after they have served honorably, face these really incredible challenges reentering into communities after-- especially after being in-theater and serving in war. And so we go the extra step. We've created veterans services programs. We've created specialty courts for veterans convicted or being tried for DWI or for drug-related offenses so that we can be there for veterans who have been there for us. But it's a different story when the veteran is an immigrant, it appears. Ms. Stock, you mentioned something that I kind of--I want to touch a little bit on. You mentioned the DOD background checks. And you said some really interesting things about the challenges with those DOD background checks. Is there an appeals process for personnel who want to appeal some of the things that you outlined when Ms. Mucarsel- Powell was questioning you? Ms. Stock. There wasn't until some of the immigrants filed a lawsuit, and now there's a lawsuit pending in the District Court for the District of Columbia. The Army, in response to the lawsuit, has decided to institute some sort of process, due process. Because the immigrants were being kicked out of the military without being told why they were being kicked out, and now the Army has agreed that it will provide some due process. And, again, if you look at these backgrounds checks, they're not--they don't have anything to do with citizenship eligibility. The military is applying the top-secret adjudicative guidelines to immigrants, and the top-secret adjudicative guidelines say that anything foreign is derogatory. So it's a mismatch and a mistake to apply those adjudicative guidelines to determine whether an immigrant is eligible to serve in the military. It causes massive failure rates of the background checks, because all the immigrants have foreign parents. They have foreign bank accounts because they emigrated from a foreign country and they had a foreign bank account. They have foreign relatives who served in the South Korean military, one of our allies, for example, and that's something that causes a failure. So DOD internally has acknowledged that they have a problem, but they can't get out of it because there's a bureaucratic struggle going on between the folks at the consolidated adjudications facility, who cling to their adjudicative guidelines even though they don't apply to immigrants--and there is now supposed to be some due process, but it's spotty. And there are still immigrants being discharged who are not being told why they're being discharged. They're not given a chance to refute wrong information in the record. It is a travesty, and it's something I hope Congress will look into. I think it's ripe for a GAO investigation into these background checks. And I would add that they're costing the government thousands upon thousands of dollars. They are spending thousands of dollars to figure out that immigrants have foreign parents. Mr. Correa. Thank you, Ms. Escobar. Ms. Escobar. Thank you. I yield back. Mr. Correa. I'd like to call on Ms. Jackson Lee from Texas. Ms. Jackson Lee. Thank you very much, Mr. Chairman. Thank you to the witnesses that are here. If I might have those who have served in the United States military raise their hands? Let me thank you so very much for your service. My applause to you, if my hands could go. Are there men and women here that have served in combat? Thank you so very much. I recall being here for 9/11, and I'm not trying to give ancient stories, but I remember, as the call came for individuals with a passion and commitment to one's country, Mr. Chairman, there were numbers and numbers of legal permanents residents who heeded the cry, both for the war in Afghanistan and the war in Iraq. Interestingly enough, I have no recollection of any ICE involvement on anything. I do remember a series of legislative initiatives to provide for opportunities for soldiers in- theater to be naturalized. Naturalization ceremonies were going on. Isn't it interesting? The country was in need. Men and women who were either immigrants themselves or immigrant parents took the oath, put on the uniform unselfishly, and offered their lives. There are legal permanent residents who are in the Nation's military cemeteries or in cemeteries today from the Iraq and Afghan war. So I am baffled about where we are today. And I think this is a very important hearing, but I also believe that this should be brought to the attention of the Armed Services Committee. Because if there is joint legislation, it would have to be in combination with the Armed Services Committee so the Department of Defense can wake up. So let me just--and forgive me if these questions have been asked and answered. But there is a standard that ICE is supposed to utilize when they're addressing veterans. They need to consider criminal history, evidence of rehabilitation, family and financial ties to the United States, employment history, health, and community service. And it's come my attention, with our report, that some of the folk in ICE don't even know they're supposed to do that or have the list of criteria to even address. So if I could ask both Hector Barajas-Varela and Jennie Pasquarella--first, Hector, if you can tell me what kind of complexity that puts your members or who you interact with, when they're not given any fair assessment by the local ICE officer. Because they're not seeing Washington; they're seeing ICE where they are. Could you answer that, please? Mr. Barajas-Varela. Sure. I mean, it creates a problem where--one of the things that--the way it could be fixed is where--you know, when I went to L.A. County jail, they actually asked me whether I was a veteran or not, and then they go through certain procedures. And definitely in immigration there's, you know--they don't even ask you if you're a veteran or not. So they probably don't even--you know, they don't know what procedures to take. So they definitely need to make sure that we hold the government accountable to that. Ms. Jackson Lee. So we need to put in a separate construct for veterans. We should require both Immigration Services, our ICE component, ``You have to ask the question. And you have to prioritize veteran immigrants in your assessment of naturalization or processing,'' rather than, ``I've lost your packet. It's so insignificant that I've lost your packet.'' Jennie, can you help us with the work that you do and the frustration, I guess, that you face? Ms. Pasquarella. Thank you, Congressman. Yes. We have to address it on two fronts. First, on the front end, when a person is encountering ICE, there should be a requirement that, at a minimum, ICE asks every person they encounter whether or not they are either serving in the military or are a veteran. That's the first thing that we know they're not doing. Second, they should actually implement the policies that they have and, ideally, improve the policies to actually do that assessment--once they know the person is a veteran, to do that assessment to determine, by weighing all the equities, their service, everything else about their life, whether removal actually is a sensible policy decision. But then on the back end, we also have to ensure that, even if ICE is putting somebody into proceedings, that our law accounts for the fact that somebody may have served our country and deserves to remain in the United States. And I want to correct something that was said earlier by Mr. Metcalf because it's very important. The law in 1996 eliminated all judicial discretion, including cancellation of removal. Cancellation of removal was not available for Hector when he was being deported from this country because the law in 1996 eliminated any ability for a judge to consider military service as well as any other equities in a person's life. So we have to address it with ICE through sensible policy, but we also have to reform the law. Ms. Jackson Lee. Okay. Mr. Metcalf. Ms. Jackson Lee. Mr. Correa. Mr. Metcalf, do you want to respond to that? Mr. Metcalf. Thank you. I do. I really do. Thank you, Mr. Chairman. Ms. Jackson Lee, I just want to tell you, I was a judge in Miami. I can't tell you that every case that would've come before me under the rubric that's been testified to would have survived a challenge on cancellation from the government. I know that I granted 75 percent to 80 percent of the applications that came before me. And let me also add, I was typical of judges across the country. Now, when you add--and if you may, ma'am--or, if I may, ma'am, when you add the veteran's overall criminal history, his or her rehabilitation, family and financial ties to the U.S., his employment history, his health, his community service, in addition to duty status, war zone duty, years in service, and decorated--decorations awarded, that is calling on the judge to do a much deeper dive. It calls also on the agency looking at that person to do a deeper dive. Now, I suggest to you that when judges have that kind of blush in front of them on an administrative take, they're going to consider that and be informed by that in their judgments. It certainly informed mine on people who were not in front of me as veterans but as people who had had a host of problems which prompted the U.S. to seek their removal. So I want to--I want to balance---- Ms. Jackson Lee. Thank you, Mr. Metcalf. Mr. Metcalf [continuing]. The opinion of Ms. Pasquarella by that information. Mr. Correa. Thank you. Ms. Jackson Lee. Thank you. Mr. Correa. If I can---- Ms. Jackson Lee. Are you going to yield to this gentlelady in---- Mr. Correa. Yes. I would like to yield to Ms. Stock to--you raised your hand? Ms. Stock. I think the disconnect here is that the statute bars judges from granting any relief under cancellation of removal to green-card holders who are convicted of a so-called aggravated felony. And, if I may, I can give you an example. I know of an individual serving currently on Active Duty in the Navy. He's a career Navy person who, long ago, got convicted of something called obstruction of justice in Virginia--at the time, a very minor offense. He was told that it would not have any impact on his military career, and he went on to serve a full career in the United States Navy. When he applied for citizenship, he was told that this is an aggravated felony under immigration law and he's not eligible for citizenship. They told him he would not be deported until he leaves the Navy. So he's trying to put off his retirement. But if he were in front of the Honorable Mark Metcalf, he would not be eligible for cancellation of removal because the government considers his conviction to be an aggravated felony and makes him ineligible for cancellation. Mr. Metcalf. I would take that deeper dive, Mr. Chairman. Mr. Correa. Thank you very much. With that---- Ms. Jackson Lee. Due process, Mr. Chairman, requires us to look to the options of the individual who's being victimized. So I yield back. I thank you. Mr. Correa. Thank you. If I can, I call on Ms. Scanlon from Pennsylvania. Ms. Scanlon. Thank you very much. And thank you for your testimony, all of you, on this important issue, the impact of current immigration policies on servicemembers and their families. I think it's really important that we look at the impact of the--and the cost to our national security and our national honor of the current administration's policies and the impact they're having on our Armed Forces and those who work with us. The fact that we are breaking our word to men and women who've put their lives on the line for this country is profoundly disturbing to me. I also want to note the irony that, of the two portraits that hang on the floor of the House of Representatives, one is George Washington, and another is a foreign national who fought for us, and that would be the Marquis de Lafayette. So, certainly, we have a very long history in this country of relying upon persons of goodwill who may not be American citizens. But with respect to the impact on our national security, I have some familiarity with the issue of the SIV applicants, the Iraqi and Afghani nationals who have worked with our Armed Forces. Before I came here almost a year ago, I worked with the IRAP group, which was a coalition of law students and law firm volunteers who would represent Iraqi and Afghani translators and drivers who worked with our Armed Forces. And, in particular, I recall one gentleman who had worked with our Armed Forces in Afghani, who had worked with our Armed Forces as a translator for 5 years. And when he recognized a Taliban member on one of our bases and reported him, thereby saving the lives of many of our forces, he then had to go into hiding. And he remained in hiding with his family for 4 years while his application was processed. He did finally get here, but it was a long process. And I've certainly heard of additional folks who have had more difficulty and that have been unable to get their applications processed. So just the, you know, impact on national security is huge. And I can't recall if you had figures on what the processing rates are at this point. If you could respond to that? Ms. Stock. It's in my written testimony. Ms. Scanlon. Okay. Ms. Stock. I would refer to that. Ms. Scanlon. And those processing rates have gone down? Ms. Stock. They have dropped significantly. And the travel ban has also affected the ability of Special Immigrant Visa applicants. We're also seeing an uptick in people who have been approved initially but now suddenly, for mysterious reasons unknown to anyone, they've been--approvals have been revoked. And there's an appeal process that doesn't work. They send in their requests for information to rebut the allegations, and they never hear anything again. In fact, I got an email today, right before the hearing, from somebody who had sent in a response to completely erroneous allegations made against him after he was granted a visa but then they revoked it, and he sent in his rebuttal, proving conclusively that these allegations were incorrect, and he hasn't heard anything. Ms. Scanlon. All right. Our case was very similar. We had to do a FOIA request to various officials and take it all the way up to the court of appeals. Yes. With respect, I was also concerned about the testimony concerning folks who join our military with the expectation that they would become citizens and the fact that our military is now having trouble recruiting citizens to fill those slots. Can anyone on the panel speak that? Ms. Stock. Special Operations Command has conveyed to me that they are having trouble finding people that speak the languages of the countries in which they're operating and that this has reached a critical point. They can't find people. The other group of people that were helpful are the folks that know about cyber war. It's just a fact that we have a lot of legal immigrants in the United States who have great cyber skills. But they can't put them to work for the United States unless they're American citizens, because you have to be an American citizen to get a security clearance. And if they can't get into the military and can't get their citizenship, then they can't fill the ranks of Cyber Command. And Cyber Command is short of skilled people right now. Ms. Scanlon. So, in a country that has always relied upon the skills and talents of immigrants, we're turning folks away for one of our highest and most important duties. Ms. Stock. That's correct. Ms. Scanlon. Thank you. I yield back. Mr. Correa. Thank you very much, Ms. Scanlon. Let me, first of all, conclude today's hearing, but, first, I wanted to make a couple of comments, which is: A lot of the policies we're talking about here, it's not a Democrat or Republican issue. A lot of the policies we're fighting today precede the current administration and go back to Democratic administrations. And I'm hoping my colleagues from the other side of the aisle will join us in coming up with some good, commonsense legislation. You witnesses here today, you identified some very solid public policy decisions, proposals that we need to move forward. And I hope we can, because this is about America. It's about keeping our commitment to our veterans and making sure that no soldier is left behind. So I'm hoping we can move forward. And let me thank all of the witnesses here today, our veterans that are here today. We can never thank you enough for your service to our country. And I want to conclude this hearing by once again thanking the panelists, our witnesses. And, without objection, all members will have 5 legislative days to submit additional written questions for the witnesses or additional materials for the record. Mr. Correa. And look forward to continuing to work with you. And, without objection, this committee is now concluded. [Whereupon, at 4:31 p.m., the subcommittee was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]