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Original Date Announced
October 13, 2017DOD requires military branches to certify that the non-citizen service member has: (1) passed security screening, (2) completed basic military training, and (3) served for at least 180 days of active duty before they are eligible for honorable service characterization. Service members must receive this honorable service characterization to submit USCIS Form N-426 (Request for Certification of Military or Naval Service), which qualifies them for an expedited path to U.S. citizenship. The memoranda also requires decertification for service members awaiting citizenship who have not met these new requirements.
[ID #612]
DoD News Release: DoD Announces Policy Changes to Lawful Permanent Residents and the Military Accessions Vital to the National Interest (MANVI) Pilot Program DOD Memorandum: Certification of Honorable Service for Members of the Selected Reserve of the Ready Reserve and Members of the Active Components of the Military or Naval Forces for Purposes of NaturalizationEffective Date
October 13, 2017Subsequent Trump-Era and Court Action(s)
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March 5, 2018
BuzzFeed News: The US Army Promised Immigrants A Fast Track For Citizenship. That Fast Track Is Gone.
Beginning January 2018, DOD and DHS reportedly terminated the Basic Training Naturalization Initiative at all military basic training sites nationwide, making it more difficult for military members to naturalize.
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October 11, 2018
Report: Army expelled 500 immigrant recruits in 1 year
A report by the Associated Press noted that the U.S. Army had discharged over 500 immigrant recruits between July 2017 and July 2018, who had enlisted under the Military Accessions Vital to the National Interest (MAVNI) program.
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November 16, 2018
Northern District of California: Order Granting Class Certification, Denying Motion to Dismiss, and Granting Preliminary Injunction
A preliminary injunction was issued against this new policy in *Kirwa et al. v. DOD* for all applicants prior to October 13, 2017. On October 27, 2017, DOD rescinded this guidance and stated that it would certify all applicants who have served at least one day in active service. On Nov. 16, 2018, N.D. Cal. granted a preliminary injunction in *Jiahao Kuang et al. v. DOD*, enjoining DOD from continuing to implement the October 13 Memo and ordering DOD to return to the pre-October 13, 2017 practices for the accession of Lawful Permanent Residents into the military.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
August 25, 2020
Samma v. DOD
Summary judgment in Samma v. DOD case held DOD's Minimum Service Requirement for certification of N-426's is unlawful.
View Document
Biden Administration Action: Modified
March 22, 2023USCIS Form and Policy Updates for Applying for Naturalization Based on Military Service
On March 22, 2023, USCIS announced updated policy guidance to clarify and conform with the revision of Form N-426. The guidance states that only applicants filing for naturalization based on military service (INA 328 or 329) who are currently serving in the U.S. armed forces are required to file Form N-426 with their naturalization application. Former service members are no longer required to submit an N-426 but must submit a photocopy of their Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official discharge document for all periods of service that provides information on the type of separation and character of service.
The guidance applies to all currently pending applications as well as to applications filed on or after March 22, 2023.
View DocumentCurrent Status
Not in effectMost Recent Action
March 22, 2023 Action: Modified USCIS Form and Policy Updates for Applying for Naturalization Based on Military ServiceMarch 22, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: In Litigation Enjoined/VacatedTrump Administration Action: Agency DirectiveSubject Matter: CitizenshipAssociated or Derivative Policies
Pre Trump-Era Policies
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October 13, 2017
Previously, DOD practice had been to certify service members' service requirements for the purposes of USCIS Form N-426 following enlistment and after "as little a few days in boot camp." Past policy allowed service members to naturalize more quickly. In addition, lawful permanent residents used to be able to ship to initial miltiary training as long as they had initiated their background security check. Now that check must be completed before they start training.
DOD News Article: DoD Announces Policies Affecting Foreign Nationals Entering Military
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
DOD News Release
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New Policy
Original Source:
DOD Memorandum: Certification of Honorable Service
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Prior Policy
- Subsequent Action
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Subsequent Action
Original Source:
APNewsBreak: Army expelled 500 immigrant recruits in 1 year
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Subsequent Action
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Subsequent Action
Original Source:
Samma v. DOD (D.D.C.) Decision