Yesterday Rep. Paul Gosar (R-Ariz.) introduced The Military Amnesty Prevention Act (H.R. 5710), which would prohibit DACA recipients and other illegal aliens from enlisting in the Armed Forces. This bill is similar to the NDAA appropriations amendment that Reps. Gosar, Steve King (R-Iowa), and Pete Sessions (R-Texas) pushed for last week that was narrowly defeated 210-211.
This bill would reverse Pres. Obama’s September 2014 memo that allowed illegal aliens, specifically DACA recipients, to enlist in the military through the Military Accessions Vital to the National Interest (MAVNI) program.
The MAVNI program allows the Secretary of Defense to waive enlistment requirements if it serves in the national interest. The program also grants citizenship to any enlistee who serves at least one day of wartime service, essentially granting amnesty to any illegal alien in the program.
According to the Department of Defense as of April 30, 2016, 141 DACA recipients have enlisted in in the military through the MAVNI program. Neither the MAVNI program nor the DACA amnesty have ever been authorized by Congress.
“Article I, Section 8, Clause 4 of the Constitution grants Congress clear jurisdiction with regard to U.S. citizenship and immigration matters. Congress has consistently rejected policies that aim to allow illegal aliens to serve in the military. Furthermore, MAVNI is a pilot program created by executive order and the changes that allowed DACA aliens to enlist were never authorized by Congress,” Rep. Gosar said in a press release.
“At a time when we are in the midst of eliminating 160,000 uniformed personnel positions over a nine-year stretch, we cannot afford to let the Pentagon reduce more opportunities for American soldiers through an unconstitutional executive memorandum,” he continued.
NumbersUSA has endorsed this bill.
The Gosar bill would continue to allow all lawful aliens and nonimmigrants to enlist through the MAVNI program.
Read Rep. Gosar’s full press release here.
