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DAP Forums > DREAM Act > The News Room

National Defense Authorization Act for Fiscal Year 2006

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#1
01-12-2012, 02:15 PM
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Joined in Sep 2011
92 posts
waterwise12
0 AP
The National Defense Authorization Act for Fiscal Year 2006 amended U.S. Code 504 of title 10 (10 U.S.C. § 504). That section deals with persons qualified to join the military. Previously, only Permanent Residents and U.S. citizens could join the military.

Quote:
(b) Citizenship or Residency. - (1) A person may be enlisted in
any armed force only if the person is one of the following:
(A) A national of the United States, as defined in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
(B) An alien who is lawfully admitted for permanent residence,
as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
In 2006, Section 504 was amended to include the following:-

Quote:
‘‘(2) Notwithstanding paragraph (1), the Secretary concerned
may authorize the enlistment of a person not described in paragraph
(1) if the Secretary determines that such enlistment is vital to
the national interest.’
Meaning non-citizens could join if the secretary of their branch of the military deemed it vital to the national interests. This means that the secretary of the Army, Navy, Coast-Guard could legally enlist undocumented aliens if they wished.

When Jeff Sessions mentioned that their was already a legal way for undocumented students to join the military to gain citizenship, this is what he was talking about. As you know, anyone serving for even a day in the military are eligible for naturalization according to the 2002 Executive Order 13269 stating

Quote:
Those persons serving honorably in active-duty status in the Armed Forces of the United States, during the period beginning on September11, 2001, and terminating on the date to be so designated, are eligible for naturalization in accordance with the statutory exception to the naturalization requirements, as provided in section 329 of the Act
The military used this authority in 2009 when they started the MAVNI program, allowing legal non-citizens, non-permanent residents to join the army. People with valid temporary visas could join the military for the first time. According to the Department of Defense website

Quote:
The Defense Department authorized the U.S. Army to implement, under the Military Accessions Vital to the National Interest (MAVNI) program, a test that permits the enlistment of certain legal aliens into the U.S. Army.
So, what do you guys think? Will the military soon exercise it's power and allow illegals to join without the need for the Dream Act. Could this be one of the steps the President will take in 2012 in line with his new "We Can't Wait" mantra?

2006 Defense Bill for reference.
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#2
01-12-2012, 03:02 PM
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iDream
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Non-citizen means Temporary Residents meaning Green card holder.

Non-citizens and undocumented are totally different thing.

There's no way in hell the military will recruit someone without proper documentations.
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#3
01-12-2012, 03:19 PM
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waterwise12
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Quote:
Originally Posted by iDream View Post
Non-citizen means Temporary Residents meaning Green card holder.

Non-citizens and undocumented are totally different thing.

There's no way in hell the military will recruit someone without proper documentations.
The main point was the amended version of 10 U.S.C. § 504.

Quote:
the Secretary concerned
may authorize the enlistment of a person not described in paragraph
(1)
Paragraph one listed Permanent Residents and Citizens as eligible for military service. The Secretary may authorize enlistment of people not described in paragraph 1, thus authorizing non-citizens to serve. The MAVNI was an example of how the secretary has already used this power to enlist people not described in 1. My question was, would he extend it to illegals, considering he has no limitations.
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#4
01-12-2012, 05:48 PM
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DamianLeon
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They will get you if you are like a super humanoid super soldier with Psychokinesis
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#5
01-12-2012, 10:14 PM
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CB124
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Yeah but that was 2006. It says 'vital to national interests'. Now they are cutting the size of the army down 40,000 and both wars are ending, and back then they weren't meeting recruiting goals.
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#6
01-12-2012, 11:05 PM
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waterwise12
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Quote:
Originally Posted by CB124 View Post
Yeah but that was 2006. It says 'vital to national interests'. Now they are cutting the size of the army down 40,000 and both wars are ending, and back then they weren't meeting recruiting goals.
True. And the Iraq war just ended so I doubt Department of Defense will push for it. Afghanistan is winding down. I remember back in '06 when I was in high school and recruiters were everywhere, trying to fill quotas. Now they easily reach their monthly limits and don't need us anymore.
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