S. 3144 — Veterans Visa and Protection Act of 2025

This section provides definitions for terms used in the Act, including (1) Armed Forces, as defined in 10 U.S.C. §101; (2) crime of violence, as an offense under 18 U.S.C. §16(a) that is not a purely political offense and for which a noncitizen served a term of imprisonment of at least five years; (3) eligible veteran, as a noncitizen veteran meeting criteria in section 3(e) or who was removed from the United States or is abroad and inadmissible under INA §212(a) (8 U.S.C. §1182(a)); (4) noncitizen; (5) Secretary, meaning the Secretary of Homeland Security; (6) service member, as a member of a regular or reserve component of the Armed Forces on active duty or in active status; and (7) veteran, as defined in 38 U.S.C. §101.

This section directs the Secretary of Homeland Security to establish, within 180 days of enactment, a program and application process to (1) admit eligible noncitizen veterans outside the United States as lawful permanent residents and (2) adjust the status of eligible noncitizen veterans inside the United States to that of lawful permanent residents, with no numerical limitations on such adjustments. It further requires the Attorney General, within 180 days of enactment, to (1) reopen removal proceedings for noncitizen veterans subject to final removal orders (including those outside the United States), determine eligibility, and if eligible, rescind the order, adjust status to lawful permanent resident, and terminate proceedings; and (2) for noncitizen veterans with pending removal proceedings, determine eligibility and if eligible, adjust status to lawful permanent resident and terminate proceedings. Eligibility applies notwithstanding INA grounds of inadmissibility (sec. 212) or deportability (sec. 237)—specifically, a noncitizen veteran qualifies unless removed or ordered removed, or inadmissible or deportable, due to a conviction for a crime of violence or a national security crime for which the individual served at least five years' imprisonment. (As background, noncitizen veterans are non-U.S. citizens who served in the U.S. Armed Forces and are otherwise subject to deportation for many criminal convictions.) The Secretary may waive ineligibility for humanitarian purposes, family unity, exceptional Armed Forces service, or public interest.

This section prohibits the removal of noncitizen veterans and service members from the United States unless the noncitizen has been convicted of a crime of violence, notwithstanding any other provision of law including INA §237 (8 U.S.C. 1227). (Thus, such individuals are shielded from deportation for non-criminal grounds such as visa overstays, status violations, or unlawful entry.)

This section establishes eligibility for naturalization through service in the Armed Forces for noncitizens who obtain lawful permanent resident status under section 3 of this Act, applying INA sections 328 and 329 (8 U.S.C. 1439, 1440). (Sections 328 and 329 expedite naturalization for honorable military service by waiving or shortening civilian naturalization's five-year residency requirement.) It further directs the Secretary of Homeland Security (1) to disregard, for good moral character determinations, any prior grounds of removal, inadmissibility, or deportability; and (2) to disregard periods of U.S. absence due to such grounds if continuous residence or physical presence requirements are otherwise met.

This section establishes eligibility for all military and veterans benefits for noncitizens granted lawful permanent resident status under section 3, as if they had not been subject to prior removal orders, removals, voluntary departures, or grounds of inadmissibility or deportability.

This section directs the Secretary of Homeland Security to identify noncitizen service members and veterans (i.e., those serving or having served in a regular or reserve component of the Armed Forces on active duty or in a reserve component in an active status) at risk of removal by (1) inquiring about such service before initiating removal proceedings, (2) requiring supervisory approval from U.S. Immigration and Customs Enforcement personnel before initiating proceedings against them, and (3) maintaining records of any who are subject to proceedings, detained, or removed. The section further requires the Secretary to annotate Department of Homeland Security immigration and naturalization records for identified individuals to reflect their military status and track outcomes, including details on military branch, service during designated hostilities under INA §329 (8 U.S.C. 1440), immigration status at enlistment, honorable service or separation, grounds for removal sought, and any underlying criminal conviction.