National Defense Authorization Act for Fiscal Year 2006

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.

In 2006, Section 504 was amended to include the following:-

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

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

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.

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.

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.

They will get you if you are like a super humanoid super soldier with Psychokinesis

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.