Existing law requires, by July 1, 2015, the Department of Veterans Affairs to develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state, as specified.

This bill would require the transition assistance program for veterans to provide information to noncitizens who are leaving military service in California or who have already been discharged from military service in California on how to become citizens, including information on where to acquire state legal assistance.

Existing law establishes the militia of the state, consisting of the National Guard, State Military Reserve, and the Naval Militia. Under existing law, the militia of the state consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, who are between 18 and 45 years of age, and who are residents of the state.

This bill would require the California National Guard to inform its members that it will assist noncitizen members in acquiring United States citizenship as soon as they are eligible. The bill would additionally require the California National Guard to, upon request of a noncitizen member, assist the member in filing all forms and paperwork necessary to become a United States Citizen.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires, by July 1, 2015, the Department of Veterans Affairs to develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state, as specified.

This bill would require the transition assistance program for veterans to provide information to noncitizens who are leaving military service in California or who have already been discharged from military service in California on how to become citizens, including information on where to acquire state legal assistance.

Existing law establishes the militia of the state, consisting of the National Guard, State Military Reserve, and the Naval Militia. Under existing law, the militia of the state consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, who are between 18 and 45 years of age, and who are residents of the state.

This bill would require the California National Guard to inform its members that it will assist noncitizen members in acquiring United States citizenship as soon as they are eligible. The bill would additionally require the California National Guard to, upon request of a noncitizen member, assist the member in filing all forms and paperwork necessary to become a United States Citizen.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires, by July 1, 2015, the Department of Veterans Affairs to develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state, as specified.

This bill would require the transition assistance program for veterans to provide information to noncitizens who are leaving military service in California or who have already been discharged from military service in California on how to become citizens, and to assist these noncitizens in filling out the necessary forms and paperwork. including information on where to acquire state legal assistance.

Existing law establishes the militia of the state, consisting of the National Guard, State Military Reserve, and the Naval Militia. Under existing law, the militia of the state consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, who are between 18 and 45 years of age, and who are residents of the state.

This bill would require the California National Guard to inform its members that it will assist noncitizen members in acquiring United States citizenship as soon as they are eligible. The bill would additionally require the California National Guard to, upon request of a noncitizen member, assist the member in filing all forms and paperwork necessary to become a United States Citizen.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires, by July 1, 2015, the Department of Veterans Affairs to develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state, as specified.

This bill would require the transition assistance program for veterans to provide information to noncitizens who are leaving military service in California or who have already been discharged from military service in California on how to become citizens, and to assist these noncitizens in filling out the necessary forms and paperwork.

Existing law establishes the militia of the State, state, consisting of the National Guard, State Military Reserve, and the Naval Militia. Under existing law, the militia of the State state consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, who are between the ages of 18 and 45, 45 years of age, and who are residents of the state.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires, by July 1, 2015, the Department of Veterans Affairs to develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state, as specified.

Existing law requires, by July 1, 2015, the Department of Veterans Affairs to develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state, as specified.

This bill would make a technical, nonsubstantive change to those provisions.

 UNFINISHED BUSINESS  

Bill No: SB 156

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 4/25/17

AYES: Newman, Nielsen, Dodd, Hueso, Roth, Wilk

NO VOTE RECORDED: Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 40-0, 5/30/17

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 73-2, 9/7/17 - See last page for vote

SUBJECT:

SOURCE: American Legion – Department of California

AMVETS – Department of California

Military Officers Association of America, California Council of Chapters

DIGEST:

This bill requires the California Department of Veterans Affairs (CalVet) and California National Guard (CNG) to provide specified assistance to military-affiliated noncitizens, as specified, to help them acquire United States citizenship.

Assembly Amendments remove requirement that CalVet provide direct assistance in filling out the necessary citizenship forms and paperwork, and insert an alternate requirement that the CalVet provide information on where to acquire state legal assistance.

ANALYSIS: Existing federal law establishes the National Guard of the United States as part of the reserve components of the U.S. Armed Forces:

1. Provides that the National Guard comprises subordinate units and citizen-soldier personnel assigned to and located within the U.S. states and territories – including CNG units and personnel assigned to and located within California.
2. Provides that control and use of units and personnel is shared between the federal and state governments in order to fulfill federal missions, such as national defense, and state missions, such as providing local disaster assistance.

Existing state law:

1. Requires CalVet to develop a transition assistance program (CalTAP) to help California veterans successfully transition from military to civilian life.
2. Requires the CalTAP program to include, but not be limited to, the following California-specific information: higher education benefits, vocational training assistance, small business resources, health care programs and services, mental health resources, military sexual trauma resources, and housing information.
3. Establishes the California Military Department (CMD) and administratively places the CNG within and under the CMD in order to provide state control.

This bill:

1. Requires CalVet to manage its CalTAP program so as to provide information on how to acquire U.S. citizenship, including information on where to acquire state legal assistance, to specified classes of persons:
   1. Noncitizens who are serving on active duty in California and are discharged from the service while stationed in California.
   2. Noncitizens, who previously have been discharged from military service.
2. Requires the CNG to inform its members that it will assist noncitizen members in acquiring U.S. citizenship as soon as they are eligible; and, if a noncitizen member requests such assistance, to assist the member in filing all forms and paperwork necessary to become a U.S. citizen.

Background

The U.S. Department of Defense's Transition Assistance Program (TAP) was developed in 1990 to assist separating and retiring military members in preparing for their transition back to civilian life. A big criticism of the TAP program was that it was not available to all separating service members and often did not support National Guard or reserve members. Through enactment of the Vow to Hire Heroes Act of 2011 (VOW Act), Congress mandated a new TAP for exiting service members, which is an improvement, but has not met all prior concerns.

California long has supplemented the federal government in delivering veterans benefits, but has lacked a dedicated, comprehensive, uniform program focused on transition. In 2014, the Legislature enacted Assembly Bill 1509 (Fox, Chapter 647, Statutes of 2014), which required CalVet to develop a state-level transition assistance program (Cal-TAP) plan to help veterans recently discharged from the military, including the National Guard of any state. AB 1509 required the program plan to include certain California-specific transition assistance information.

CalVet currently is rolling out a newly modified version of the CalTAP. CalTAP is designed to educate veterans and their families about benefits available to them. The main mission of CalTAP is outreach to and education of veterans not yet seeking or aware of benefits. Currently in its implementation phase, the newly modified program will offer online and in–person presentations from state, federal, and community-based partner organizations to inform and connect veterans to available benefits. Outreach through CalTAP will focus on younger veterans as they leave military service, but presentations will also be available for veterans at all stages of life.

For many non-citizens, serving in the U.S. Armed Forces long has provided an expedited route to acquiring U.S. citizenship. Special provisions of the Immigration and Nationality Act (INA) authorize the U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for current members of the U.S. armed forces and former servicemembers, as specified. Generally, qualifying military service includes service with one of the following: Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard. In addition, spouses of members of the U.S. armed forces who are or will be deployed may be eligible for expedited naturalization. According to USCIS, the basic eligibility is as follows:

1. Service in Peacetime: Section 328 of the INA applies to all members of the U.S. armed forces and those already discharged from service. An individual may qualify for naturalization if he or she has:
   1. Served honorably in the U.S. armed forces for at least one year,
   2. Obtained lawful permanent resident status, and
   3. Filed an application while still in service or within six months of separation.
2. Service during Periods of Hostilities: Under special provisions in Section 329 of the INA, the President signed an executive order on July 3, 2002, authorizing all non-citizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

Once lawfully enlisted in the military, non-citizens are eligible to naturalize as U.S. citizens more rapidly than their civilian counterparts. Under both the wartime and peacetime naturalization laws, the person naturalized can lose his or her citizenship if he or she fails to serve honorably for a period or periods aggregating five years. The five years of honorable service necessary to retain citizenship need not be all active duty service, but can include any Reserve or National Guard service. Persons applying for naturalization under these statutes must demonstrate a year of "good moral character" and must pass a civics and English test. Unlike other immigrants, they may also naturalize even if the government has brought deportation or removal proceedings against them; if their naturalization application is granted, the deportation or removal proceedings are terminated.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, the bill, as amended in the Assembly, has minor and absorbable costs to CalVet and the CMD.

SUPPORT: (Verified 9/8/17)

American Legion – Department of California (co-source)

AMVETS – Department of California (co-source)

Military Officers Association of America, California Council of Chapters (co-source)

American G.I. Forum of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Vietnam Veterans of America-California State Council

OPPOSITION: (Verified 9/8/17)

None received

ASSEMBLY FLOOR: 73-2, 9/7/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Burke, Caballero, Calderon, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Brough, Chávez

NO VOTE RECORDED: Travis Allen, Bonta, Mayes, McCarty

Prepared by:

9/8/17 10:51:19

**** END ****

SENATE THIRD READING

STR Bill Id:SB 156

Author:(Anderson)

As Amended Ver:August 28, 2017

2/3 vote. Urgency

SENATE VOTE: 40-0

SUMMARY: An urgency measure, this bill requires the California Department of Veterans Affairs (CalVet) and the California National Guard (CNG) to provide specified assistance to non-citizen military-affiliated members, as defined, to obtain United States citizenship. Specifically, this bill:

1. Requires CalVet to provide, through its transition assistance program, information about how to obtain United States citizenship and where to obtain state legal assistance to the following classes of persons:
   1. Noncitizens currently serving on active duty, who are leaving military service while stationed in California.
   2. Noncitizens, who have previously been discharged from military service.
2. Requires the CNG to inform its members that it will assist noncitizen members in acquiring U.S. citizenship as soon as they are eligible; and, if a noncitizen member requests such assistance, to assist the member in filing all forms and paperwork necessary to become a U.S. citizen.

EXISTING LAW:

Existing federal law establishes the National Guard of the United States as part of the reserve components of the U.S. Armed Forces:

1. Provides that the National Guard comprises subordinate units and citizen-soldier personnel assigned to and located within the U.S. states and territories – including CNG units and personnel assigned to and located within California.
2. Provides that control and use of units and personnel is shared between the federal and state governments in order to fulfill federal missions, such as national defense, and state missions, such as providing local disaster assistance.

Existing state law:

1. Requires CalVet to develop a transition assistance program to help California veterans successfully transition from military to civilian life.
2. Requires the transition assistance program to include, but not be limited to, the following California-specific information: higher education benefits, vocational training assistance, small business resources, health care programs and services, mental health resources, military sexual trauma resources, and housing information.
3. Establishes the California Military Department (CMD) and administratively places the CNG within and under the CMD in order to provide state control.

FISCAL EFFECT: Minor and absorbable costs to CalVet and the California Military Department.

COMMENTS: The U.S. Department of Defense's (DoD) Transition Assistance Program (TAP) was developed in 1990 to assist separating and retiring military members in preparing for their transition back to civilian life. One of the biggest criticisms of the TAP program was that it was not available to all separating service members and often did not support the needs of National Guard or Reserve members. Through its enactment of the Vow to Hire Heroes Act of 2011 (VOW Act), Congress mandated a new transition program for exiting service members, which is an improvement, but has not met all prior concerns.

The State of California long has supplemented the federal government in delivering veterans benefits, but has lacked a dedicated, comprehensive, uniform program focused on transition. In 2014, the Legislature enacted Assembly Bill 1509 (Fox), Chapter 647, Statutes of 2014, which required CalVet to develop a state-level transition assistance program (Cal-TAP) plan to help veterans recently discharged from the military, including the National Guard of any state. AB 1509 required the program plan to include certain California-specific transition assistance information.

CalVet currently is rolling out a newly modified version of the California Transition Assistance Program (Cal-TAP). Cal-TAP is designed to educate veterans and their families about benefits available to them. The main mission of Cal-TAP is outreach to and education of veterans not yet seeking or aware of benefits. Currently in its implementation phase, the newly modified program will offer online and in–person presentations from state, federal, and community-based partner organizations to inform and connect veterans to available benefits. Outreach through Cal-TAP will focus on younger veterans as they leave military service, but presentations will also be available for veterans at all stages of life.

For many non-citizens, serving in the U.S. Armed Forces long has provided an expedited route to acquiring U.S. citizenship.

Special provisions of the Immigration and Nationality Act (INA) authorize the U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for current members of the U.S. armed forces and former servicemembers, as specified. Generally, qualifying military service includes service with one of the following: Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard. In addition, spouses of members of the U.S. armed forces who are or will be deployed may be eligible for expedited naturalization. According to USCIS, the basic eligibility is as follows:

1. Service in Peacetime: Section 328 of the INA applies to all members of the U.S. armed forces and those already discharged from service. An individual may qualify for naturalization if he or she has:
   1. Served honorably in the U.S. armed forces for at least one year,
   2. Obtained lawful permanent resident status, and
   3. Filed an application while still in the service or within six months of separation.
2. Service during Periods of Hostilities: Under special provisions in Section 329 of the INA, the President signed an executive order on July 3, 2002, authorizing all non-citizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

Once lawfully enlisted in the military, non-citizens are eligible to naturalize as U.S. citizens more rapidly than their civilian counterparts. Under both the wartime and peacetime naturalization laws, the person naturalized can lose his or her citizenship if he or she fails to serve honorably for a period or periods aggregating five years. The five years of honorable service necessary to retain citizenship need not be all active duty service, but can include any Reserve or National Guard service. Persons applying for naturalization under these statutes must demonstrate a year of "good moral character" and must pass a civics and English test. Unlike other immigrants, they may also naturalize even if the government has brought deportation or removal proceedings against them; if their naturalization application is granted, the deportation or removal proceedings are terminated.

Author's Statement:

SB156 would require the California National Guard and CalVet to ensure the military service members are educated and informed of their right to become a citizen of the United States. SB 156 would require the military service member to sign documents if they decline to accept the assistance filing the necessary forms and paperwork. These men and women enlist and defend the rights of all United States citizens and deserve to be informed of their rights. It is not right to let these individuals serve this country and then deport them because of offenses, possibly caused by their service connected disability. They deserve the right to benefits like the U.S. citizens that they served with. If SB156 becomes law, it would dramatically reduce the cases of veterans being deported and many more men and women can start to receive help and remain in the United States with their Brothers and Sisters in Arms.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550 FN: 0001561

Date of Hearing: August 30, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 156

Author:(Anderson) – As Amended Ver:August 28, 2017

Urgency: Yes State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill, an urgency measure, requires the California Department of Veterans Affairs (CalVet) and the California National Guard (CNG) to provide specified assistance to military-affiliated noncitizens, as defined, to help them acquire United States citizenship. Specifically, this bill:

1. Requires CalVet to provide information to noncitizens currently serving on active duty, who are leaving military service while stationed in California, or who have previously been discharged from military service in California, on how to acquire U.S. citizenship, including information on where to acquire state legal assistance.
2. Requires the CNG to inform its members that it will assist noncitizen members in acquiring U.S. citizenship as soon as they are eligible; and assist these members in filing all forms and paperwork necessary to become a U.S. citizen, if they request such assistance.

FISCAL EFFECT:

Minor and absorbable costs to CalVet and the California Military Department.

COMMENTS:

1. Purpose. According to the Author, this bill "would require the California National Guard and CalVet to ensure the military service members are educated and informed of their right to become a citizen of the United States. SB 156 would require the military service member to sign documents if they decline to accept the assistance filing the necessary forms and paperwork. These men and women enlist and defend the rights of all United States citizens and deserve to be informed of their rights. It is not right to let these individuals serve this country and then deport them because of offenses, possibly caused by their service connected disability. They deserve the right to benefits like the U.S. citizens that they served with. If SB156 becomes law, it would dramatically reduce the cases of veterans being deported and many more men and women can start to receive help and remain in the United States with their Brothers and Sisters in Arms."
2. Background. Special provisions of the Immigration and Nationality Act (INA) authorize the U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for current members of the U.S. armed forces and former servicemembers. Generally, qualifying military service includes service with one of the following: Army, Navy, Air Force, Marine Corps, Coast Guard, or National Guard. In addition, spouses of members of the U.S. armed forces who are or will be deployed may be eligible for expedited naturalization. According to USCIS, the basic eligibility is as follows:

Service in Peacetime: An individual may qualify for naturalization if he or she has:

1. Served honorably in the U.S. armed forces for at least one year,
2. Obtained lawful permanent resident status, and
3. Filed an application while still in the service or within six months of separation.

Service during Periods of Hostilities: President George W. Bush signed an executive order on July 3, 2002, authorizing all non-citizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

Once lawfully enlisted in the military, non-citizens are eligible to naturalize as U.S. citizens more rapidly than their civilian counterparts. Under both the wartime and peacetime naturalization laws, the person naturalized can lose his or her citizenship if he or she fails to serve honorably for a period or periods aggregating five years. The five years of honorable service necessary to retain citizenship need not be all active duty service, but can include any Reserve or National Guard service. Persons applying for naturalization under these statutes must demonstrate a year of “good moral character” and must pass a civics and English test. Unlike other immigrants, they may also naturalize even if the government has brought deportation or removal proceedings against them; if their naturalization application is granted, the deportation or removal proceedings are terminated.

California is home to more than 1.8 million military veterans, approximately 11% of the national total. During the recent downsizing of the active force, approximately 30,000 separating troops have been returning to California annually.

1. Prior Legislation. AB 1509 (Fox), Chapter 647, Statutes of 2014 required, by July 1, 2015, CalVet to develop a transition assistance program (Cal-TAP) for veterans discharged from the U.S. Armed Forces or the National Guard of any state as specified.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: June 27, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

SBPCA Bill Id:SB 156

Author:(Anderson) – As Amended Ver:May 2, 2017

SENATE VOTE: 40-0

SUBJECT: Military and veterans: transition assistance: citizenship

SUMMARY: Requires the California Department of Veterans Affairs (CalVet) and the California National Guard (CNG) to provide specified assistance to military-affiliated noncitizens, as defined, to support their acquisition of United States citizenship. Specifically, this bill:

1. Requires CalVet:
   1. To manage its transition assistance program so as to provide information to the specified classes of persons on how to acquire U.S. citizenship:
      1. Noncitizens currently serving on active duty, who are leaving military service while stationed in California.
      2. Noncitizens, who have previously been discharged from military service.
   2. To assist these noncitizens who request this assistance in filling out the necessary forms and paperwork to become United States citizens.
2. Requires the CNG to inform its members that it will assist noncitizen members in acquiring U.S. citizenship as soon as they are eligible; and, if a noncitizen member requests such assistance, to assist the member in filing all forms and paperwork necessary to become a U.S. citizen.

EXISTING LAW:

Existing federal law establishes the National Guard of the United States as part of the reserve components of the U.S. Armed Forces:

1. Provides that the National Guard comprises subordinate units and citizen-soldier personnel assigned to and located within the U.S. states and territories – including CNG units and personnel assigned to and located within California.
2. Provides that control and use of units and personnel is shared between the federal and state governments in order to fulfill federal missions, such as national defense, and state missions, such as providing local disaster assistance.

Existing state law:

1. Requires CalVet to develop a transition assistance program to help California veterans successfully transition from military to civilian life.
2. Requires the transition assistance program to include, but not be limited to, the following California-specific information: higher education benefits, vocational training assistance, small business resources, health care programs and services, mental health resources, military sexual trauma resources, and housing information.
3. Establishes the California Military Department (CMD) and administratively places the CNG within and under the CMD in order to provide state control.

FISCAL EFFECT: This bill is keyed fiscal but was not analyzed by the Senate Appropriations Committee.

COMMENTS: The U.S. Department of Defense’s (DoD) Transition Assistance Program (TAP) was developed in 1990 to assist separating and retiring military members in preparing for their transition back to civilian life. One of the biggest criticisms of the TAP program was that it was not available to all separating service members and often did not support the needs of National Guard or Reserve members. Through its enactment of the Vow to Hire Heroes Act of 2011 (VOW Act), Congress mandated a new transition program for exiting service members, which is an improvement, but has not met all prior concerns.

The State of California long has supplemented the federal government in delivering veterans benefits, but has lacked a dedicated, comprehensive, uniform program focused on transition. In 2014, the Legislature enacted Assembly Bill 1509 (Fox, Ch. 647, Stats. 2014), which required CalVet to develop a state-level transition assistance program (Cal-TAP) plan to help veterans recently discharged from the military, including the National Guard of any state. AB 1509 required the program plan to include certain California-specific transition assistance information.

CalVet currently is rolling out a newly modified version of the California Transition Assistance Program (Cal-TAP). Cal-TAP is designed to educate veterans and their families about benefits available to them. The main mission of Cal-TAP is outreach to and education of veterans not yet seeking or aware of benefits. Currently in its implementation phase, the newly modified program will offer online and in–person presentations from state, federal, and community-based partner organizations to inform and connect veterans to available benefits. Outreach through Cal-TAP will focus on younger veterans as they leave military service, but presentations will also be available for veterans at all stages of life.

For many non-citizens, serving in the U.S. Armed Forces long has provided an expedited route to acquiring U.S. citizenship.

Special provisions of the Immigration and Nationality Act (INA) authorize the U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for current members of the U.S. armed forces and former servicemembers, as specified. Generally, qualifying military service includes service with one of the following: Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard. In addition, spouses of members of the U.S. armed forces who are or will be deployed may be eligible for expedited naturalization. According to USCIS, the basic eligibility is as follows:

1. Service in Peacetime: Section 328 of the INA applies to all members of the U.S. armed forces and those already discharged from service. An individual may qualify for naturalization if he or she has:
   1. Served honorably in the U.S. armed forces for at least one year,
   2. Obtained lawful permanent resident status, and
   3. Filed an application while still in the service or within six months of separation.
2. Service during Periods of Hostilities: Under special provisions in Section 329 of the INA, the President signed an executive order on July 3, 2002, authorizing all non-citizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

Once lawfully enlisted in the military, non-citizens are eligible to naturalize as U.S. citizens more rapidly than their civilian counterparts. Under both the wartime and peacetime naturalization laws, the person naturalized can lose his or her citizenship if he or she fails to serve honorably for a period or periods aggregating five years. The five years of honorable service necessary to retain citizenship need not be all active duty service, but can include any Reserve or National Guard service. Persons applying for naturalization under these statutes must demonstrate a year of “good moral character” and must pass a civics and English test. Unlike other immigrants, they may also naturalize even if the government has brought deportation or removal proceedings against them; if their naturalization application is granted, the deportation or removal proceedings are terminated.

Author’s Statement:

SB156 would require the California National Guard and CalVet to ensure the military service members are educated and informed of their right to become a citizen of the United States. SB 156 would require the military service member to sign documents if they decline to accept the assistance filing the necessary forms and paperwork. These men and women enlist and defend the rights of all United States citizens and deserve to be informed of their rights. It is not right to let these individuals serve this country and then deport them because of offenses, possibly caused by their service connected disability. They deserve the right to benefits like the U.S. citizens that they served with. If SB156 becomes law, it would dramatically reduce the cases of veterans being deported and many more men and women can start to receive help and remain in the United States with their Brothers and Sisters in Arms

REGISTERED SUPPORT / OPPOSITION:

Support

American Legion – Department of California (co-sponsor)

AMVETS – Department of California (co-sponsor)

Military Officers Association of America, California Council of Chapters (co-sponsor)

American G.I. Forum of California

California Association of County Veterans Service Officers

Military Officers Association of America-CA council of chapters

Vietnam Veterans of America-California state council

California State Commanders Council

Opposition

None on File.

Analysis Prepared by: Jenny Callison / V.A. / (916) 319-3550

 THIRD READING  

Bill No: SB 156

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 4/25/17

AYES: Newman, Nielsen, Dodd, Hueso, Roth, Wilk

NO VOTE RECORDED: Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: American Legion – Department of California

AMVETS – Department of California

Military Officers Association of America, California Council of Chapter

DIGEST:

This bill requires the California Department of Veterans Affairs (CalVet) and the California National Guard (CNG) to provide specified assistance to military-affiliated noncitizens, as defined, to support their acquisition of United States citizenship.

ANALYSIS: Existing federal law establishes the National Guard of the United States as part of the reserve components of the U.S. Armed Forces:

1. Provides that the National Guard comprises subordinate units and citizen-soldier personnel assigned to and located within the U.S. states and territories – including CNG units and personnel assigned to and located within California.
2. Provides that control and use of units and personnel is shared between the federal and state governments in order to fulfill federal missions, such as national defense, and state missions, such as providing local disaster assistance.

Existing state law:

1. Requires CalVet to develop a transition assistance program to help California veterans successfully transition from military to civilian life.
2. Requires the transition assistance program to include, but not be limited to, the following California-specific information: higher education benefits, vocational training assistance, small business resources, health care programs and services, mental health resources, military sexual trauma resources, and housing information.
3. Establishes the California Military Department (CMD) and administratively places the CNG within and under the CMD in order to provide state control.

This bill:

1. Requires CalVet:
   1. To manage its transition assistance program so as to provide information to the specified classes of persons on how to acquire U.S. citizenship:
      1. Noncitizens currently serving on active duty, who are leaving military service while stationed in California.
      2. Noncitizens, who have previously been discharged from military service.
   2. To assist these noncitizens who request this assistance in filling out the necessary forms and paperwork to become United States citizens.
2. Requires the CNG to inform its members that it will assist noncitizen members in acquiring U.S. citizenship as soon as they are eligible; and, if a noncitizen member requests such assistance, to assist the member in filing all forms and paperwork necessary to become a U.S. citizen.

Background

Transition assistance for veterans. Historically, veterans have faced transitional challenges after returning from active military service and continue to be disproportionately represented among the homeless and unemployed.

The U.S. Department of Defense’s Transition Assistance Program (TAP) was developed in 1990 to assist separating and retiring military members in preparing for their transition back to civilian life. One of the biggest criticisms of the TAP program was that it was not available to all separating service members and often did not support the needs of National Guard or Reserve members. Through its enactment of the Vow to Hire Heroes Act of 2011, Congress mandated a new transition program for exiting service members, which is an improvement, but has not met all prior concerns.

The State of California supplements the federal government in delivering veterans benefits, but has lacked a dedicated, comprehensive, uniform program focused on transition. In 2014, the Legislature enacted AB 1509 (Fox, Chapter 647, Statutes of 2014), which required CalVet to develop a state-level transition assistance program (Cal-TAP) plan to help veterans recently discharged from the military, including the National Guard of any state. AB 1509 required the program plan to include certain California-specific transition assistance information.

CalVet currently is rolling out a newly modified version of Cal-TAP. Cal-TAP is designed to educate veterans and their families about benefits available to them. The main mission of Cal-TAP is outreach to and education of veterans not yet seeking or aware of benefits. Currently in its implementation phase, the newly modified program will offer online and in–person presentations from state, federal, and community-based partner organizations to inform and connect veterans to available benefits. Outreach through Cal-TAP will focus on younger veterans as they leave military service, but presentations will also be available for veterans at all stages of life.

Military service and citizenship. Noncitizens are not prohibited from serving in the U.S. Armed Forces, and, for many, such service has provided an expedited route to acquiring U.S. citizenship.

Special provisions of the Immigration and Nationality Act (INA) authorize the U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for current members of the U.S. Armed Forces and former servicemembers, as specified. Generally, qualifying military service includes service with one of the following: Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard. In addition, spouses of members of the U.S. Armed Forces who are or will be deployed may be eligible for expedited naturalization. According to USCIS, the basic eligibility is as follows:

1. Service in Peacetime

Section 328 of the INA applies to all members of the U.S. Armed Forces and those already discharged from service. An individual may qualify for naturalization if he or she has:

• Served honorably in the U.S. Armed Forces for at least one year,
• Obtained lawful permanent resident status, and
• Filed an application while still in the service or within six months of separation.

1. Service during Periods of Hostilities

Under special provisions in Section 329 of the INA, the President signed an executive order on July 3, 2002, authorizing all noncitizens who have served honorably in the U.S. armed forces on or after September 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

The American Bar Association’s online publication, “GP Solo,” which is produced for members of its Solo, Small Firm, and General Practice Division, reviewed relevant law in its September/October 2013 issue. The follow is taken verbatim:

Requirements for Enlistment

Having the proper immigration status is of course a basic requirement for enlistment in the U.S. military. Generally speaking, the armed forces require enlistees to be U.S. citizens, U.S. nationals, or lawful permanent residents (“green card” holders), although there are exceptions for citizens of the Republic of the Marshall Islands, Palau, and Micronesia, who may enlist owing to a treaty between the United States and their countries. Some foreigners who are present legally in the United States and have a valid Social Security Number may enlist if their enlistment is “vital to the national interest”; one such enlistee, Saral Shrestha of Nepal, a former computer science student at the University of Nebraska, became the U.S. Army Soldier of the Year for 2012 after enlisting while in foreign student status.

Unauthorized immigrants are not permitted to enlist in the U.S. Armed Forces—although they are required to register for Selective Service and are subject to the military draft, if there is one.

Naturalization Procedures

Once lawfully enlisted in the military, noncitizens are eligible to naturalize as U.S. citizens more rapidly than their civilian counterparts. Two separate laws allow for a “wartime” military naturalization procedure as well as a “peacetime” military naturalization procedure.

Under the wartime statute, Immigration and Nationality Act, Section 329, any noncitizen who serves honorably during specified periods of conflict may naturalize as a U.S. citizen, even if he or she does not yet have a green card. This law allows enlistees to naturalize almost immediately upon joining the military if they serve during a specified period of conflict. The post-9/11 period of conflict allows for these expedited naturalizations as a result of an executive order issued by President George W. Bush; since 2009, the U.S. Army, Navy, Air Force, and Marine Corps have therefore facilitated the naturalization of most recruits upon graduation from basic training (the Coast Guard, although it is one of the five branches of the armed services, does not yet have boot camp naturalizations). To be eligible for expedited wartime naturalization, an enlistee must be serving on active duty or in the Selected Reserve (including the National Guard of the United States). Since 9/11, more than 85,000 noncitizens have naturalized through service in the military under this law and its corresponding executive order.

The peacetime naturalization law, Immigration and Nationality Act, Section 328, allows anyone with a green card and one year of military service to naturalize, even if he or she has not served on active duty or in the Selected Reserve.

Under both the wartime and peacetime naturalization laws, the person naturalized can lose his or her citizenship if he or she fails to serve honorably for a period or periods aggregating five years. The five years of honorable service necessary to retain citizenship need not be all active duty service, but can include any Reserve or National Guard service. Persons applying for naturalization under these statutes must demonstrate a year of “good moral character” and must pass a civics and English test. Unlike other immigrants, they may also naturalize even if the government has brought deportation or removal proceedings against them; if their naturalization application is granted, the deportation or removal proceedings are terminated.

President Bush’s 2002 executive order declaring that immigrants in the military were eligible for expedited naturalization also triggered the application of another statute: Immigration and Nationality Act, Section 329A, which allows for posthumous U.S. citizenship to be granted to noncitizens who are serving honorably on active duty during periods of conflict when they die “as a result of injury or disease incurred in or aggravated by” military service. A deceased immigrant may be granted posthumous citizenship under this statute regardless of his or her immigration status, and the granting of posthumous citizenship can confer immigration benefits on his or her parents, spouse, and children. The next of kin or other approved representative of the deceased must file an application for posthumous citizenship within two years of the date of the death.

The military services themselves do not accept and approve applications for military naturalization and posthumous citizenship. Instead, the U.S. Department of Homeland Security, through its sub-agency the U.S. Citizenship and Immigration Services (USCIS), accepts and processes the applications; USCIS also works cooperatively with the military to schedule military naturalization ceremonies, which may be conducted anywhere in the world.

Military family members also benefit from special laws that allow for their overseas naturalization when they are accompanying a military member on an overseas tour of duty. Spouses and children of service members often participate in overseas naturalization ceremonies alongside service members.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/16/17)

American Legion – Department of California (co-source)

AMVETS – Department of California (co-source)

Military Officers Association of America, California Council of Chapters (co-source)

American G.I. Forum of California

OPPOSITION: (Verified 5/16/17)

None received

Prepared by:

5/22/17 9:26:27

**** END ****

SENATE COMMITTEE ON

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 4/25/17

Subject:

DESCRIPTION

Summary:

This bill requires the California Department of Veterans Affairs (CalVet) and the California National Guard (CNG) to provide specified assistance to military-affiliated noncitizens, as defined, to support their acquisition of United States citizenship.

1. Establishes CalVet to provide services and support to eligible veterans of the U.S. Armed Forces, who reside in California.
2. Requires CalVet to develop a transition assistance program to help California veterans successfully transition from military to civilian life.
3. Requires the transition assistance program to include, but not be limited to, the following California-specific information: Higher education benefits, vocational training assistance, small business resources, health care programs and services, mental health resources, military sexual trauma resources, and housing information.
4. (Federal law) Establishes the National Guard of the United States as part of the reserve components of the U.S. Armed Forces.
   1. Provides that the National Guard comprises subordinate units and citizen-soldier personnel assigned to and located within the U.S. states and territories – including CNG units and personnel assigned to and located within California.
   2. Provides that control and use of units and personnel is shared between the federal and state governments in order to fulfill federal missions, such as national defense, and state missions, such as providing local disaster assistance.
5. Establishes the California Military Department (CMD) and administratively places the CNG within and under the CMD in order to provide state control.

This bill:

1. Requires CalVet:
   1. To manage its transition assistance program for veterans so as to provide information to noncitizens, who are leaving military service in California, on how to become United States citizens; and
   2. Assist these noncitizens who request this assistance in filling out the necessary forms and paperwork to become United States citizens.
2. Requires the CNG to ensure that each noncitizen Guard member is assisted in filing all forms and paperwork necessary to become a United States citizen as soon the member is eligible, unless the member declines assistance in writing.

BACKGROUND

Transition Assistance for Veterans. California is home to more than 1.8 million military veterans, approximately 11% of the national total. During the recent downsizing of the active force, approximately 30,000 separating troops have been returning to California annually.

Historically, veterans have faced transitional challenges after returning from active military service and continue to be disproportionately represented among the homeless and unemployed.

The U.S. Department of Defense’s (DoD) Transition Assistance Program (TAP) was developed in 1990 to assist separating and retiring military members in preparing for their transition back to civilian life. One of the biggest criticisms of the TAP program was that it was not available to all separating service members and often did not support the needs of National Guard or Reserve members. Through its enactment of the Vow to Hire Heroes Act of 2011 (VOW Act), Congress mandated a new transition program for exiting service members, which is an improvement, but has not met all prior concerns.

The State of California long has supplemented the federal government in delivering veterans benefits, but has lacked a dedicated, comprehensive, uniform program focused on transition. In 2014, the Legislature enacted Assembly Bill 1509 (Fox, Ch. 647, Stats. 2014), which required CalVet to develop a state-level transition assistance program (Cal-TAP) plan to help veterans recently discharged from the military, including the National Guard of any state. AB 1509 required the program plan to include certain California-specific transition assistance information.

CalVet currently is rolling out a newly modified version of the California Transition Assistance Program (Cal-TAP). Cal-TAP is designed to educate veterans and their families about benefits available to them. The main mission of Cal-TAP is outreach to and education of veterans not yet seeking or aware of benefits. Currently in its implementation phase, the newly modified program will offer online and in–person presentations from state, federal, and community-based partner organizations to inform and connect veterans to available benefits. Outreach through Cal-TAP will focus on younger veterans as they leave military service, but presentations will also be available for veterans at all stages of life.

Military Service and Citizenship. For many non-citizens, serving in the U.S. Armed Forces long has provided an expedited route to acquiring U.S. citizenship.

Special provisions of the Immigration and Nationality Act (INA) authorize the U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for current members of the U.S. armed forces and former servicemembers, as specified. Generally, qualifying military service includes service with one of the following: Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard. In addition, spouses of members of the U.S. armed forces who are or will be deployed may be eligible for expedited naturalization. According to USCIS, the basic eligibility is as follows:

Service in Peacetime

Section 328 of the INA applies to all members of the U.S. armed forces and those already discharged from service. An individual may qualify for naturalization if he or she has:

• Served honorably in the U.S. armed forces for at least one year,
• Obtained lawful permanent resident status, and
• Filed an application while still in the service or within six months of separation.

Service during Periods of Hostilities

Under special provisions in Section 329 of the INA, the President signed an executive order on July 3, 2002, authorizing all non-citizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

The American Bar Association’s online publication, “GP Solo,” which is produced for members of its Solo, Small Firm, and General Practice Division, reviewed relevant law in its September/October 2013 issue^[1]:

Requirements for Enlistment

Having the proper immigration status is of course a basic requirement for enlistment in the U.S. military. Generally speaking, the armed forces require enlistees to be U.S. citizens, U.S. nationals, or lawful permanent residents (“green card” holders), although there are exceptions for citizens of the Republic of the Marshall Islands, Palau, and Micronesia, who may enlist owing to a treaty between the United States and their countries. Some foreigners who are present legally in the United States and have a valid Social Security Number may enlist if their enlistment is “vital to the national interest”; one such enlistee, Saral Shrestha of Nepal, a former computer science student at the University of Nebraska, became the U.S. Army Soldier of the Year for 2012 after enlisting while in foreign student status.

Unauthorized immigrants are not permitted to enlist in the U.S. Armed Forces—although they are required to register for Selective Service and are subject to the military draft, if there is one.

Naturalization Procedures

Once lawfully enlisted in the military, non-citizens are eligible to naturalize as U.S. citizens more rapidly than their civilian counterparts. Two separate laws allow for a “wartime” military naturalization procedure as well as a “peacetime” military naturalization procedure.

Under the wartime statute, Immigration and Nationality Act, Section 329, any non-citizen who serves honorably during specified periods of conflict may naturalize as a U.S. citizen, even if he or she does not yet have a green card. This law allows enlistees to naturalize almost immediately upon joining the military if they serve during a specified period of conflict. The post-9/11 period of conflict allows for these expedited naturalizations as a result of an executive order issued by President George W. Bush; since 2009, the U.S. Army, Navy, Air Force, and Marine Corps have therefore facilitated the naturalization of most recruits upon graduation from basic training (the Coast Guard, although it is one of the five branches of the armed services, does not yet have boot camp naturalizations). To be eligible for expedited wartime naturalization, an enlistee must be serving on active duty or in the Selected Reserve (including the National Guard of the United States). Since 9/11, more than 85,000 non-citizens have naturalized through service in the military under this law and its corresponding executive order.

The peacetime naturalization law, Immigration and Nationality Act, Section 328, allows anyone with a green card and one year of military service to naturalize, even if he or she has not served on active duty or in the Selected Reserve.

Under both the wartime and peacetime naturalization laws, the person naturalized can lose his or her citizenship if he or she fails to serve honorably for a period or periods aggregating five years. The five years of honorable service necessary to retain citizenship need not be all active duty service, but can include any Reserve or National Guard service. Persons applying for naturalization under these statutes must demonstrate a year of “good moral character” and must pass a civics and English test. Unlike other immigrants, they may also naturalize even if the government has brought deportation or removal proceedings against them; if their naturalization application is granted, the deportation or removal proceedings are terminated.

President Bush’s 2002 executive order declaring that immigrants in the military were eligible for expedited naturalization also triggered the application of another statute: Immigration and Nationality Act, Section 329A, which allows for posthumous U.S. citizenship to be granted to non-citizens who are serving honorably on active duty during periods of conflict when they die “as a result of injury or disease incurred in or aggravated by” military service. A deceased immigrant may be granted posthumous citizenship under this statute regardless of his or her immigration status, and the granting of posthumous citizenship can confer immigration benefits on his or her parents, spouse, and children. The next of kin or other approved representative of the deceased must file an application for posthumous citizenship within two years of the date of the death.

The military services themselves do not accept and approve applications for military naturalization and posthumous citizenship. Instead, the U.S. Department of Homeland Security, through its sub-agency the U.S. Citizenship and Immigration Services (USCIS), accepts and processes the applications; USCIS also works cooperatively with the military to schedule military naturalization ceremonies, which may be conducted anywhere in the world.

Military family members also benefit from special laws that allow for their overseas naturalization when they are accompanying a military member on an overseas tour of duty. Spouses and children of service members often participate in overseas naturalization ceremonies alongside service members.

COMMENT

Committee Comments: According to an Army National Guard recruiter, non-citizen enlistees are eligible for expedited naturalization during basic training – just like Active Army and Army Reserve enlistees on Title 10 active duty – even though the National Guard members are on Title 32 active duty while on initial active duty for training for basic training.

Potential Amendments:

1. CalVet: The bill’s current language requires CalVet to provide information to non-citizens, who are leaving military service in California on how to become United States citizens, and shall assist these non-citizens who request this assistance in filling out the necessary forms and paperwork to become United States citizens. This limits the responsibility to currently service active duty members before they separate. To further the bill’s benefits, the author should consider amending it to include discharged veterans, regardless of when they separated from the military.
2. California National Guard: This bill will require CNG members to be "categorized" as non-citizens and tracked as such without their consent by their chain of command. Some may interpret this as overly intrusive and contrary to their decision to keep their immigration status private among members of their unit, even though their status is legal. Guard members who choose not to disclose their non-citizen status and wish to manage their immigration paperwork privately would be singled out and forced by their superior officers to sign a statement refusing assistance.

The Committee may consider whether the bill will place legal liability on the State of California by enabling a non-citizen member of the CNG to sue the State if the immigration application is not completed correctly or in a timely manner.

The intent of this well-intended bill could be met, while protecting the privacy of CNG soldiers and airmen, if the language were changed to require the CNG to help service members, who request assistance in gaining their citizenship.

Related/Prior Legislation:

AB 1509 (Fox, Chapter 647, Statutes of 2014) requires, by July 1, 2015, the Department of Veterans Affairs to develop a transition assistance program (Cal-TAP) for veterans discharged from the U.S. Armed Forces or the National Guard of any state as specified.

POSITIONS

Sponsor: AMVETS – Department of California; American Legion – Department of California; Military Officers Association of America, California Council of Chapters (MOAA)

Support:

American G.I. Forum of California

Oppose: None received.

-- END --

1. American Bar Association, “Hidden Immigration Benefits for Military Personnel,” GP Solo, Sept/Oct 2013, http://www.americanbar.org/publications/gp_solo/2013/september_october/hidden_immigration_benefits_military_personnel.html. ↑