Support and Defend Our Military Personnel and Their Families Act

Bill Number

H.R. 6118

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-11-18: Referred to the House Committee on the Judiciary.

Last Updated

2025-12-01T16:58:12Z

AI-Generated Summary

Purpose

The "Support and Defend Our Military Personnel and Their Families Act" (H.R. 6118) aims to amend the Immigration and Nationality Act (INA) to make it easier for non-citizen members of the U.S. Armed Forces, veterans, and their immediate family members to gain legal immigration benefits. It focuses on speeding up citizenship, family reunification, status adjustments, and protections from deportation to support military service and family stability.

Key Provisions

• Naturalization for Military Personnel (Section 2): Allows non-citizens who have served honorably in the U.S. Armed Forces during a "contingency operation" (a military mission declared by the Department of Defense, such as active combat support) to apply for U.S. citizenship as if they served during a wartime period. This treats their service like designated wartime service under INA Section 329, which fast-tracks naturalization. It also amends INA Section 328 to extend the required U.S. residency period for naturalization through military service from 6 months to 1 year.

• Exemption from Visa Limits for Military Families (Section 3): Adds spouses, children, sons, and daughters of active-duty U.S. military members to the list of "immediate relatives" under INA Section 201(b)(1). This exempts them from annual numerical caps on family-based immigrant visas, allowing faster processing.

• Adjustment of Status for Family Members (Section 4): Creates a new pathway under INA Section 245(o) for the Department of Homeland Security (DHS) to adjust the immigration status of immediate family members (parents, spouses, children, sons, daughters, or minor siblings) of active-duty military personnel to lawful permanent residents (green card holders). Eligibility requires the family member to be in the U.S., eligible for a visa, and pay a processing fee. It waives certain grounds of inadmissibility (reasons someone might be barred from immigrating, like public charge concerns or minor criminal issues). Posthumous benefits extend eligibility for 2 years after the service member's death if the death was service-related.

• Protections from Removal Proceedings (Section 5): Amends INA Section 239 to prohibit DHS from issuing a "notice to appear" (the document starting deportation proceedings) against honorably served military personnel or veterans without prior DHS Secretary approval. DHS must consider factors like eligibility for citizenship, military service record, deportation grounds, and potential hardships to the military, the individual, or their family. It also bans expedited removal (fast-track deportation without a hearing) for these individuals under specific INA sections.

Significant Changes to Existing Law

• Expands naturalization benefits under INA Sections 328 and 329 by equating contingency operation service to wartime service and lengthening the residency requirement for peacetime service naturalization.
• Introduces a new exemption from visa numerical limits for military families, previously reserved for narrower categories like U.S. citizens' immediate relatives.
• Adds a dedicated adjustment-of-status provision (INA Section 245(o)) for military families, including waivers for specific inadmissibility bars and posthumous eligibility, which did not exist before.
• Imposes new restrictions on deportation processes for military personnel and veterans, requiring higher-level approval and consideration of service-related factors, while prohibiting certain expedited removals.

Potential Impacts

• On Government Agencies: Increases workload for U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) due to more naturalization, visa, and status adjustment applications. DHS gains discretion in deportation decisions but must follow new guidelines, potentially slowing some removal cases.
• On Citizens and Immigrants: Provides faster paths to citizenship and family unity for non-citizen service members (about 40,000 active-duty immigrants) and their families, reducing separations caused by immigration delays or deportations. Veterans and families may face less fear of removal, improving mental health and stability.
• On International Relations: Could enhance U.S. military recruitment of immigrants from allied nations by signaling support for their families, but has minimal direct effect on foreign policy.
• Broader Effects: May boost military retention and morale, as service members worry less about family immigration issues during deployments.

Main Stakeholders Affected

• Immigrant Military Personnel and Veterans: Gain easier citizenship and deportation protections, directly benefiting their legal status and family security.
• Families of Service Members: Spouses, children, and other relatives receive priority visa processing, status adjustments, and posthumous benefits.
• U.S. Armed Forces: Improved support for non-citizen recruits could aid recruitment and retention in diverse branches like the Army and Marines.
• Federal Agencies: DHS (including USCIS and ICE) must implement new processes, approvals, and fee structures; the Department of Defense may provide input on service records.
• Immigration Advocacy Groups and Legal Aid Organizations: Likely to assist with increased applications, while facing potential backlogs.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens INA provisions for military immigrants, potentially leading to more court challenges if waivers or approvals are inconsistently applied. It clarifies "honorable service" (good conduct during and after military duty) as a key eligibility factor, reducing ambiguity in deportation cases.
• Constitutional Implications: Aligns with due process protections under the Fifth Amendment by requiring consideration of hardships before deportation, and supports equal protection by treating military families similarly to citizen families. No direct conflicts with constitutional limits on immigration authority.
• Political Implications: Reflects congressional emphasis on military support, potentially appealing across party lines as a pro-veteran measure. Referred to the House Judiciary Committee, it could influence broader immigration debates by prioritizing service-based benefits over general enforcement.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Thompson, Mike [D-CA-4]

Recent Actions

• 2025-11-18: Referred to the House Committee on the Judiciary.
• 2025-11-18: Introduced in House
• 2025-11-18: Introduced in House

Bill Versions

• Support and Defend Our Military Personnel and Their Families Act — issued 2025-11-18 — PDF (6 pages)