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R48163 — Foreign Nationals in the U.S. Armed Forces: Immigration Issues

Reports · published 2026-05-13 · v2 · Active · crsreports.congress.gov ↗

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Authors
Holly Straut-Eppsteiner
Report id
R48163
Summary

Enlistment and appointment in the U.S. Armed Forces is currently limited to U.S. citizens and U.S. nationals, lawful permanent residents (LPRs), and residents of certain Pacific Islands (Freely Associated States). The U.S. Department of Defense (DOD) may also authorize the enlistment of other categories of foreign nationals (aliens) under certain circumstances, which was the basis for the now-suspended Military Accessions Vital to the National Interest (MAVNI) program. As of February 2026, nearly 50,000 foreign nationals were serving in active and reserve components of the Armed Forces. An estimated additional 125,000 foreign nationals residing in the United States in 2024 were veterans who have previously served on active duty. This report focuses on immigration considerations related to foreign nationals in the U.S. Armed Forces, including U.S. citizenship eligibility through military service and the removal of foreign nationals who have served in the Armed Forces. Foreign national servicemembers have long been able to become U.S. citizens under special provisions in law for naturalization through military service. The Immigration and Nationality Act provides for expedited naturalization through military service with requirements contingent on whether qualifying service was during peacetime or designated periods of hostilities. U.S. military veterans who have not naturalized as U.S. citizens may be subject to removal from the United States. Instances of such removals have raised concerns among some Members of Congress and advocates. Observers have also raised concerns regarding whether the potential removal of servicemembers’ immediate relatives may pose a threat to military readiness. The U.S. Department of Homeland Security (DHS) has long used its discretionary authority to consider military service as a mitigating factor in its enforcement actions. Specific policy guidance has changed over time and under different Administrations. In 2021, DHS and the Department of Veterans Affairs introduced the Immigrant Military Members and Veterans Initiative (IMMVI). Under IMMVI, DHS has implemented policies to facilitate access to naturalization for veterans residing abroad (including those who have been removed) and implemented options for servicemembers and their qualifying relatives to return to the United States to access veterans’ benefits and legal services, including through immigration parole. In recent Congresses, some Members have introduced measures related to foreign national servicemembers and veterans, including some that would expand enlistment to additional categories of non-U.S. nationals, such as Deferred Action for Childhood Arrival (DACA) recipients. Some Members have also introduced measures addressing the removals of servicemembers, veterans, and qualifying relatives. These include provisions that would mitigate the possibility of removal for those with a military connection, establish greater oversight of removal proceedings for such individuals, and facilitate deported veterans’ ability to return to the United States and regularize their status. Some Members have opposed expansions of enlistment eligibility and raised concerns regarding the possible return of foreign national veterans who were removed because they committed serious offenses.

Bills cited (12)

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

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