S. 2401: Enlist Act of 2023

This bill authorizes certain non-U.S. nationals (aliens under federal law) to enlist in the Armed Forces, including individuals who are beneficiaries of the Deferred Action for Childhood Arrivals (DACA) policy. (DACA provides eligible individuals, generally individuals who unlawfully entered the United States as a child, with protection from deportation.)

Under this bill, a non-U.S. national may be eligible to enlist in the Armed Forces if the individual (1) is a beneficiary of DACA or a successor policy, even if a court terminates such a policy; (2) has temporary protected status; or (3) has an approved immigrant visa application but has been unable to adjust to lawful permanent resident status because a visa is not available (or the individual turned 21 years old before a visa became available). Furthermore, to be eligible to enlist under this bill, the individual must also (1) meet the security and suitability requirements related to enlistment; and (2) have been continuously physically present in the United States for five years, with certain exceptions.

The Department of Homeland Security (DHS) must stay removal proceedings against an individual who has enlisted under this bill if the individual (1) has served honorably in the Armed Forces, or (2) is a veteran and was not separated from service except under honorable conditions.

Written by the Congressional Research Service, Library of Congress.