Non-citizen soldiers

Why is all of this happening, when the enlistment and expedited naturalization of illegal immigrants serving in the armed forces is specifically authorized in U.S. law? An Executive Order signed by President Bush on July 3, 2002, provided for the "expedited naturalization for aliens and noncitizen nationals serving in an active-duty status in the Armed Forces of the United States during the period of the war against terrorists of global reach." Under this order, any noncitizen in the military can apply for expedited citizenship on his first day of active duty. Not only is this order still in effect, but it has been codified in the National Defense Authorization Act (NDAA) of 2006, that authorizes the enlistment of (1) nationals of the United States; (2) aliens who have been lawfully admitted for permanent residence (green card); (3) residents of several former U.S. territories; and (4) any other person "if the Secretary of Defense determines that such enlistment is vital to the national interest."

With the law so clear on this issue, the treatment of illegal immigrants in the military, both by the Pentagon and by ICE, is difficult to understand. "Apparently," says Lt. Col. Margaret Stock, a nationally known immigration attorney and professor of military law at West Point, "nobody at the Pentagon reviewed the [regulations] on immigrants when the war started." She adds, "If the Pentagon has any immigration attorneys, I haven't met them."

Stock speculates that if the Pentagon is aware of the law, it might be "afraid there would be a political backlash" if the use of immigrant labor for the war were discussed openly. In a later e-mail, she added, "And by the way, the Pentagon has ALWAYS had the authority to recruit foreigners in wartime. ... The only thing that changed in January 2006 [when Bush signed the NDAA] was that Congress made it HARDER for the Pentagon to recruit foreigners who are not Lawful Permanent Residents. It used to be that ANYONE could join the military in wartime--even undocumented immigrants--but now the Service Secretaries have to find that an undocumented person's enlistment is `in the vital interest' of the United States."

To illustrate her point, Stock noted that a section of the 2006 Immigration and Nationalization Law locates the naturalization of immigrants serving in Iraq firmly in the tradition of naturalizations "during World War I, World War II, Korean hostilities, Vietnam hostilities, [and] other periods of military hostilities." During these wars, citizenship was granted solely on the basis of three years of honorable service or honorable separation from service (discharge), whether or not the person ever lived in the United States."

Click Me

A while back they started recruiting temporary residents as well into the military as well:

February 15, 2009
U.S. Military Will Offer Path to Citizenship
By JULIA PRESTON

Stretched thin in Afghanistan and Iraq, the American military will begin recruiting skilled immigrants who are living in this country with temporary visas, offering them the chance to become United States citizens in as little as six months.

Immigrants who are permanent residents, with documents commonly known as green cards, have long been eligible to enlist. But the new effort, for the first time since the Vietnam War, will open the armed forces to temporary immigrants if they have lived in the United States for a minimum of two years, according to military officials familiar with the plan.

Recruiters expect that the temporary immigrants will have more education, foreign language skills and professional expertise than many Americans who enlist, helping the military to fill shortages in medical care, language interpretation and field intelligence analysis

Click Me

Reid to finish defense bill in lame-duck, drawing GOP rebukes