Veterans Visa and Protection Act of 2026
- Bill Number
- H.R. 8971
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-05-21: Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-05T08:23:34Z
AI-Generated Summary
Veterans Visa and Protection Act of 2026 (H.R. 8971)
Purpose
This legislation requires the Secretary of Homeland Security to create a program allowing eligible noncitizen veterans who have been removed from the United States to return as lawful permanent residents. It also aims to protect current service members and veterans from removal and restore access to certain benefits and naturalization pathways.
Key Provisions
- Definitions: Establishes terms including "eligible veteran" (a noncitizen veteran meeting specific criteria), "crime of violence" (an offense under 18 U.S.C. § 16(a) with at least five years imprisonment, excluding purely political offenses), "service member," and "veteran."
- Veterans Visa Program: Directs the Secretary to set up an application process within 180 days for eligible veterans abroad to gain permanent residency or for those in the U.S. to adjust status.
- Removal Proceedings: Requires the Attorney General to reopen cases for veterans with final removal orders, determine eligibility, rescind orders, and grant permanent residency if eligible. Pending cases must also be reviewed and terminated for eligible veterans.
- Eligibility Criteria: Veterans qualify if not removed or ordered removed for a crime of violence or certain national security crimes with five-plus years imprisonment, and not currently inadmissible or deportable on those grounds. The Secretary may waive these bars for humanitarian reasons, family unity, exceptional military service, or public interest.
- Removal Protections: Prohibits removal of noncitizen veterans or service members unless convicted of a crime of violence.
- Naturalization and Benefits: Allows permanent residents under this Act to pursue naturalization via military service under the Immigration and Nationality Act (INA) §§ 328–329, with special rules disregarding prior removal grounds for good moral character and continuous residence. Restores eligibility for military and veterans benefits as if removal had not occurred.
- Implementation: Mandates identification of at-risk service members and veterans before removal actions, supervisory approval for proceedings, record-keeping, and annotation of immigration records with military details. Regulations must be issued within 90 days.
- No Numerical Limits: Removes any cap on the number of veterans who may benefit.
Significant Changes to Existing Law
- Amends application of INA §§ 212 and 237 by creating exceptions and waivers for veterans, overriding standard inadmissibility and deportability grounds tied to certain convictions.
- Introduces mandatory reopening of removal cases and status adjustments outside normal immigration processes.
- Limits removal authority for veterans/service members to only "crimes of violence," narrowing broader criminal grounds in existing law.
- Provides retroactive access to naturalization and benefits previously unavailable due to removal or inadmissibility.
Potential Impacts
- Government Agencies: Requires DHS and the Department of Justice to reopen potentially thousands of cases, develop new procedures, train personnel, and maintain detailed records, increasing administrative workload.
- Citizens and Veterans: Enables eligible noncitizen veterans to return or remain, potentially reuniting families and restoring benefits, while restricting removals for most criminal convictions short of violence.
- International Relations: Could affect U.S. relations with countries whose nationals served in the U.S. military, as it facilitates return of removed veterans.
Main Stakeholders Affected
- Noncitizen veterans and active service members, particularly those previously removed or facing proceedings.
- Department of Homeland Security (including ICE), the Attorney General, and the Department of Defense.
- Veterans' advocacy groups and immigrant communities with military ties.
- U.S. citizens who are family members of affected veterans.
Notable Legal, Constitutional, or Political Implications
- Modifies core provisions of the Immigration and Nationality Act, raising questions about consistency with existing removal and admissibility frameworks.
- Involves due process considerations in mandatory case reopenings and status adjustments.
- Creates a specialized immigration pathway tied to military service, which may intersect with equal protection or national security considerations in application of waivers.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Grijalva, Adelita S. [D-AZ-7]
Cosponsors (12)
Rep. Correa, J. Luis [D-CA-46], Rep. McIver, LaMonica [D-NJ-10], Rep. Larson, John B. [D-CT-1], Rep. Carson, André [D-IN-7], Rep. Titus, Dina [D-NV-1], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Davis, Danny K. [D-IL-7], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Moore, Gwen [D-WI-4], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Strickland, Marilyn [D-WA-10], Rep. Green, Al [D-TX-9]
Recent Actions
- 2026-05-21: Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-05-21: Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-05-21: Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-05-21: Introduced in House
- 2026-05-21: Introduced in House
Bill Versions
- Veterans Visa and Protection Act of 2026 — issued 2026-05-21 — PDF (11 pages)