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  • 2017-10-25 (xsd:date)
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  • Did the United States Military Ban Green Card Holders From Enlisting? (en)
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  • Lawful permanent residents of the U.S. (popularly known as green card holders) enlisting in the Army or any other service branch will face an extended delay before entering active duty as of October 2017. U.S. Army Recruiting Command (USAREC) said in a statement on 24 October that enlistees holding a Form I-551 card (a green card) will be placed in the Army's existing delayed entry program for recruits awaiting their boot camp assignment dates. According to USAREC, green card holders who enlist will now have to complete their background checks, which could take up to a year, before being allowed to begin boot camp. Previously they were eligible to begin their training as soon as their background check began. Stephanie Miller, director of accessions for the Department of Defense, is quoted as saying: Enlistments by green card holders into the Army Reserve, however, are temporarily on hold, according to USAREC's statement, while a separate delayed entry pool is created for those recruits to be placed in while their background checks are completed. Jennie Pasquarella, director of immigrants' rights for the American Civil Liberties Union (ACLU) of California, told us that while the policy is not an outright ban, it would discourage enlistment on the part of green card holders. She also said that even if enlistees' background checks took less than a year, it represented a significant delay: A Pentagon spokesperson, Maj. David Eastburn, told us on 26 October 2017 that the policy shift would provide better continuity of service for enlistees: On 13 October 2017, the Department of Defense (DOD) said that green card holders enlisted in military reserve components like the Army Reserve and National Guard would be eligible to apply for U.S. citizenship if they completed their background checks and served for one year: Current green card holders, USAREC said, can still enlist for active duty with the understanding that they will be part of the Delayed Entry Pool until the screening process is complete. Before that statement, a Mic.com article reported that the Army Reserve had banned green card holders from enlisting entirely, quoting from an email sent to recruiters by Gregory C. Williamson, chief of the Accessions Suitability Office Guard Strength Division: Such a ban would have violated federal law allowing for any alien who is lawfully admitted for permanent residence to enlist for military service. On 18 October 2017, it published the following update: According to the Immigration and Naturalization Act, active and retired U.S. service members are eligible to become naturalized citizens if they served for at least one year and, if applicable, were discharged honorably. In 2016 the Pentagon suspended the Military Accessions Vital to the National Interest program (MAVNI), which offered an expedited path to U.S. citizenship for green card holders in exchange for six years of service. Two separate lawsuits have been filed by recruits in connection with the move, and some recruits have reported that their enlistment contracts have been terminated. On 25 October 2017, the United States District Court for the District of Columbia granted a preliminary injunction to the three plaintiffs in one suit. The court determined that Mahlon Kirwa, Santhosh Meenhallimath, and Ashok Viswanathan are suffering, and will continue to suffer, irreparable harm due to DOD's inaction and stated that DOD may not refuse to certify MAVNI enlistees who have served for one day or more in the Selected Reserve as having honorable service. Defense Secretary Jim Mattis said on 13 October 2017 that the MAVNI program may be revived: We contacted U.S. Army Recruiting Command seeking further comment. A spokesperson for the U.S. Navy, Lt. Cmdr. Nick Sherrouse, told us: (en)
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