	Background

Since the beginning of Operation Iraqi Freedom in March 2003, there has been considerable interest in legislation to expand the citizenship benefits of aliens serving in the military. The reported deaths in action of noncitizen soldiers drew attention to provisions of the Immigration and Nationality Act (INA) that grant posthumous citizenship to those who die as a result of active-duty service during a period of hostilities and to the advantages of further expediting naturalization for noncitizens serving in the United States military, beyond the former special naturalization rules for aliens with service in the U.S. military. Title XVII of P.L. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security (DHS). Executive Order 13269

On July 3, 2002, President George W. Bush officially designated the period beginning on September 11, 2001, the War on Terrorism, as a "period of hostilities," which triggered immediate naturalization eligibility for active-duty U.S. military service members. There continues to be congressional interest in further streamlining and expediting the naturalization process for military personnel and in providing immigration benefits specifically for immediate relatives of such personnel. 108-136

P.L. 1588 , the National Defense Authorization Act for Fiscal Year 2004, became P.L. 108-136 on November 24, 2003. 1588 , entitled "Naturalization and Other Immigration Benefits for Military Personnel and Families," amended existing military naturalization statutes by:
reducing the period of service required for naturalization based on peacetime service from three years to one year; waiving fees for naturalization based on military service during peacetime or wartime; permitting discretionary revocation of naturalization granted on or after the date of enactment through peacetime or wartime service if the citizen were discharged from military service under other than honorable conditions before serving honorably for an aggregate period of five years; permitting naturalization processing overseas in U.S. embassies, consulates, and military bases; providing for priority consideration for military leave and transport to finalize naturalization; extending naturalization based on wartime service to members of the Selected Reserve of the Ready Reserve. Additionally, the Secretary of Defense or the Secretary's designee within the USCIS is authorized to request posthumous citizenship immediately upon obtaining permission from the next-of-kin. The law also expanded immigration benefits available to the immediate relatives of citizens, including posthumous citizens, who die from injuries or illnesses resulting from or aggravated by serving in combat. The effective date of the provisions is retroactive to September 11, 2001, except for the fee waivers and provision for naturalization proceedings abroad, which took effect on October 1, 2004. Legislation in the 110th Congress

Sections 673 and 674 of P.L. 110-181 , the National Defense Authorization Act for Fiscal Year 2008 (January 28, 2008), respectively, (1) ensure reentry into the United States by LPRs who are spouses and children accompanying a military service member abroad who might otherwise be deemed to have abandoned their LPR status and (2) provide for the treatment of periods abroad accompanying the service member as periods in the United States for residence and physical presence purposes and also provide for overseas naturalization for such spouses and children. P.L. 110-382 , the Military Personnel Citizenship Processing Act, expedites certain military service-related applications by establishing a FBI liaison office in USCIS to monitor the completion of FBI background checks and setting a deadline for processing such naturalization applications.
Since the beginning of Operation Iraqi Freedom in March 2003, there has been and continues to be considerable congressional interest in further streamlining and expediting the naturalization process for military personnel and in providing immigration benefits specifically for immediate relatives of such personnel. The reported deaths in action of noncitizen soldiers drew attention to the immigration laws that grant posthumous citizenship and to the advantages of further expediting naturalization for noncitizens serving in the United States military. President George W. Bush officially designated the period beginning on September 11, 2001, as a "period of hostilities," which triggered immediate naturalization eligibility for active-duty U.S. military service members. The Department of Defense and the U.S. Citizenship and Immigration Services (USCIS) are cooperating to ensure that military naturalization applications are processed expeditiously.
Title XVII of P.L. 108-136, the National Defense Authorization Act for Fiscal Year 2004 (November 24, 2003), amended existing military naturalization statutes by reducing the period of service required for naturalization based on peacetime service from three years to one year; waiving fees for naturalization based on military service during peacetime or wartime; permitting naturalization processing overseas in U.S. embassies, consulates, and military bases; providing for priority consideration for military leave and transport to finalize naturalization; and by extending naturalization based on wartime service to members of the Selected Reserve of the Ready Reserve. The Secretary of Defense or the Secretary's designee within the U.S. Citizenship and Immigration Services was authorized to request posthumous citizenship with permission from the next-of-kin. The law also expanded immigration benefits available to the immediate relatives (spouses, children, and parents) of citizens, including posthumous citizens, who die from injuries or illnesses resulting from or aggravated by serving in combat. The effective date was retroactive to September 11, 2001, except for the fee waivers and provision for naturalization proceedings abroad, effective October 1, 2004.
Efforts since P.L. 108-136 have focused on further streamlining procedures or extending immigration benefits to immediate relatives of U.S. service members. Most recently, P.L. 110-382, the Military Personnel Citizenship Processing Act, expedited certain military service-related applications by establishing a Federal Bureau of Investigation (FBI) liaison office in USCIS to monitor the completion of FBI background checks and by setting a deadline for processing such naturalization applications. P.L. 110-251, the Kendell Frederick Citizenship Assistance Act, streamlined background checks, particularly regarding biometric data. Sections 673 and 674 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008 (January 28, 2008), ensured reentry into the United States by lawful permanent residents (LPRs) who are spouses and children accompanying a military service member abroad (whose presence abroad might otherwise be deemed as abandonment of LPR status) and also provided for overseas naturalization for such LPRs. This report will be updated as legislative activity occurs or other events warrant.