Immigrants in the U.S. Military: The Case for Citizenship

Introduction

One of the major issues facing the U.S. Department of Defense concerns permitting immigrants to serve in the U.S. military. This issue has become increasingly controversial because of ongoing immigration debates and the continuing need to enhance homeland security. Central questions include whether illegal immigrants should be allowed to serve in the U.S. military and whether legal immigrants who do serve should be granted citizenship. Currently, the United States permits only legal immigrants to serve in the military. This paper examines both questions and argues that immigrants — legal and illegal alike — should be permitted to serve in the U.S. military and be granted citizenship in return.

The main argument presented here is that immigrants should be permitted to serve in the U.S. military and be granted citizenship. Currently, only legal immigrants holding a Green Card or Alien Registration Card are eligible to enlist. However, if illegal immigrants are willing to fight and die for the country they live in, there is no compelling reason to bar them from serving or from gaining citizenship in the process. Moreover, legal immigrants who already serve in the U.S. armed forces should be awarded citizenship because they are defending a country they wish to make their home. As long as an individual is willing to fight and die for the country, that person should be allowed to serve in the military and be granted citizenship regardless of immigration status. Watson (2007) contends that "expedited acquisition of citizenship is connected to a willingness to engage in national military service for the United States" (p. 35).

Literature Review: Immigrants and Military Service

The issue of permitting immigrants to serve in the U.S. military and granting them citizenship has been the subject of numerous studies and publications. It has received considerable attention in recent years because of the proliferation of immigration concerns that have generated security debates and affected the status of immigrants in the United States. Existing literature and evidence demonstrate that immigrants should be allowed to join U.S. armed forces and be granted citizenship in the process.

Increase in the Number of Foreign-Born Individuals Serving in the U.S. Armed Forces

Batalova (2008) conducted an analysis of immigrants in the country's armed forces to demonstrate why they should be allowed to serve and be granted citizenship. Drawing on data from the U.S. Department of Defense, she found that as of February 2008 there were 65,000 non-U.S. citizens and naturalized citizens actively serving in the U.S. Armed Forces. The U.S. Citizenship and Immigration Services (USCIS) naturalized over 37,250 immigrant members of the U.S. Armed Forces between September 2001 and that date, including 111 who received posthumous citizenship. According to 2008 statistics, more than two-thirds of foreign-born individuals serving in the U.S. Armed Forces — 68.7% — were naturalized citizens, reflecting a significant increase since May 2006 (Batalova, 2008).

The United States Government, Department of Homeland Security (n.d.) reports that from 2002 to 2015, the number of naturalized service members in the U.S. military increased from 2,434 to 7,534. Even though there was a slight decline after 2012, the figures increased steadily over those fifteen years. In total, USCIS naturalized 109,321 members of the U.S. armed forces since October 1, 2001, and 11,069 of those individuals received citizenship through USCIS naturalization ceremonies conducted in 34 foreign countries.

The increase in the number of naturalized and non-citizen service members is also documented by McIntosh, Sayala, and Gregory (2011). Through a review of enlistment figures, they found that approximately 70,000 non-prior-service non-citizens accessed into the active-duty enlisted military between fiscal years 1999 and 2008. They attribute this increase to three major factors: the large pool of eligible non-citizens in the United States (roughly 1.2 million); a significant share of that population possessing diverse language and cultural skills of strategic value to the military; and the finding that non-citizen recruits are less likely to attrite in their first term than citizen recruits, even after controlling for demographic characteristics and service-related factors.

Existing Regulations Supporting Military Naturalization

According to the United States Government, Department of Homeland Security (n.d.), the growth in naturalized citizens serving in the U.S. Armed Forces is partly attributable to special provisions of the Immigration and Nationality Act (INA), which require USCIS to expedite the application and naturalization procedure for active members and veterans of the U.S. armed forces. McIntosh, Sayala, and Gregory (2011) support this view, arguing that regulatory and policy changes have streamlined naturalization processes for non-citizen service members, increasing citizenship attainment and decreasing time-to-citizenship.

Plascencia (2015) notes that a modern federal statute (8 U.S.C. §1440) was enacted to permit non-citizens serving in the military to be granted citizenship. The statute expanded the citizenship offer to migrants who did not comply with visa terms or who entered the United States illegally. Tracing the history of military amnesty for immigrants from the Civil War to the present, Plascencia (2015) suggests the statute provides a framework in which migrants' visa compliance issues are set aside in favor of their demonstrated willingness to fight and die for the country — that willingness becoming the basis for both military enlistment and citizenship.

Sohoni and Vafa (2010) argue that military naturalization is supported by longstanding regulations, including legislation enacted by Congress in 1862 that permitted foreigners to serve in the U.S. armed forces through the right to expedited naturalization. That legislation rests on the symbolic principle that people willing to fight and die for a country are worthy of its citizenship. Policy changes since 1862 have repeatedly expanded those regulations: whereas the original legislation was limited to whites and blacks, provisions of the INA have extended military naturalization to service members from countries including China and other Asian nations (United States Government, Department of Homeland Security, n.d.).

Conclusion

The question of whether immigrants — particularly illegal immigrants — should be permitted to serve in the U.S. military and be granted citizenship has been controversial and has attracted considerable scholarly and public attention. An evaluation of existing literature demonstrates that immigrants should be permitted to serve and obtain citizenship on several grounds: their demonstrated willingness to fight and die for the country, the existence of a supportive and evolving regulatory framework, and their contribution to the enhanced efficiency and diversity of the U.S. military. Watson (2007) aptly captures the underlying principle: "acquisition of citizenship is connected to a willingness to engage in national military service for the United States" (p. 35). These three grounds together provide a compelling and well-supported case for expanding military service eligibility to all immigrants and ensuring that those who serve are rewarded with the citizenship they have earned.

References

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McIntosh, M. F., Sayala, S., & Gregory, D. (2011, November). Non-citizens in the enlisted US military. CNA.

Plascencia, L. (2015). The military gates to U.S. citizenship: Latina/o "aliens and non-citizen nationals" and military work. Latino Studies, 13(2), 162–184.

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United States Government, Department of Homeland Security. (n.d.). Naturalization through military service: Fact sheet [Press release]. Retrieved September 12, 2017, from https://www.uscis.gov/news/fact-sheets/naturalization-through-military-service-fact-sheet

Watson, C. A. (2007). U.S. military service: A reference handbook. Santa Barbara, CA: ABC-CLIO.

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