text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Repatriate Our Patriots Act''.
  
  SEC. 2. DEFINITION.
  
      In this Act, the term ``special veteran'' means an individual who 
  is an alien and is described in section 101(2) of title 38, United 
  States Code, except the term--
              (1) only includes individuals who were discharged or 
          released from the Armed Forces under honorable conditions;
              (2) does not include individuals who have been convicted of 
          voluntary manslaughter, murder, rape, sexual abuse of a minor, 
          or any offense under chapter 113B of title 18, United States 
          Code (relating to terrorism); and
              (3) does not include individuals who have been determined 
          to be a child abuser or a pedophile.
  
  SEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL.
  
      Notwithstanding any other provision of law, including section 237 
  of the Immigration and Nationality Act (8 U.S.C. 1227), a special 
  veteran shall not be removed from the United States.
  
  SEC. 4. NATURALIZATION FOR SPECIAL VETERANS.
  
      (a) In General.--Notwithstanding any other provision of law, a 
  special veteran shall be naturalized as a citizen of the United States 
  upon the filing of the appropriate application, paying the appropriate 
  fees, and, except as provided in subsection (b), taking and subscribing 
  before an officer of the Department of Homeland Security within the 
  United States to the oath of allegiance required by section 337 of the 
  Immigration and Nationality (8 U.S.C. 1448). The Secretary of Homeland 
  Security shall take steps to ensure that the period in which an 
  application for naturalization under this section is pending does not 
  exceed 90 days. The Secretary shall furnish each special veteran 
  naturalized under this section with a certificate of citizenship.
      (b) Special Veterans Abroad.--In the case of a special veteran 
  residing abroad, the application for naturalization may be filed from 
  abroad, and the oath of allegiance described in subsection (a) may be 
  subscribed to abroad at United States embassies, consulates, and, as 
  practicable, United States military installations overseas pursuant to 
  the procedures available under section 1701(d) of the National Defense 
  Authorization Act for Fiscal Year 2004 (8 U.S.C. 1443a) for 
  naturalization proceedings overseas for members of the Armed Forces and 
  their spouses and children.
      (c) Waiver.--Consistent with section 337(a) of the Immigration and 
  Nationality Act (8 U.S.C. 1448(a)), the Secretary of Homeland Security 
  may waive the taking of the oath of allegiance described in subsection 
  (a) by a special veteran if, in the opinion of the Secretary, the 
  special veteran is unable to understand, or to communicate an 
  understanding of, its meaning because of a physical or developmental 
  disability or mental impairment.
  
  SEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL PROCEEDINGS OR ORDERED 
                REMOVED.
  
      In the case of a special veteran in removal proceedings on the date 
  of the enactment of this Act, the Secretary of Homeland Security shall 
  cancel the removal of the special veteran. In the case of a special 
  veteran who was ordered removed before the date of the enactment of 
  this Act, the Attorney General shall rescind any outstanding order of 
  removal, and any finding that the special veteran is subject to removal 
  or is inadmissible. In the case of a special veteran physically present 
  in the United States whose status as an alien lawfully admitted for 
  permanent residence was rescinded before the date of the enactment of 
  this Act, the Secretary of Homeland Security shall allow the veteran to 
  adjust status to that of an alien lawfully admitted for permanent 
  residence without regard to any numerical limitation in the Immigration 
  and Nationality Act (8 U.S.C. 1101 et seq.).
  
  SEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM THE UNITED STATES.
  
      Not later than 180 days after the date of the enactment of this 
  Act, the Secretary shall establish a program and application procedure 
  to permit special veterans removed from the United States before the 
  date of the enactment of this Act to enter the United States as an 
  alien lawfully admitted for permanent residence without regard to any 
  numerical limitation in the Immigration and Nationality Act (8 U.S.C. 
  1101 et seq.).
  
  SEC. 7. ACCESS TO MILITARY BENEFITS.
  
      A special veteran who has been naturalized or has obtained the 
  status of an alien lawfully admitted for permanent residence pursuant 
  to this Act shall be eligible for all military and veterans benefits 
  for which the special veteran would have been eligible if the special 
  veteran had never been ordered removed, been removed, or voluntarily 
  departed, from the United States.
  
  SEC. 8. IDENTIFICATION OF SPECIAL VETERANS.
  
      (a) Identification.--The Secretary of Homeland Security shall 
  identify immigration cases involving special veterans by--
              (1) inquiring of every alien processed prior to initiating 
          removal proceedings whether the alien is a special veteran; and
              (2) keeping records of special veterans who have been 
          detained under the immigration laws, had removal proceedings 
          against them initiated before the date of the enactment of this 
          Act, or been removed before such date.
      (b) Record Annotation.--When the Secretary has identified a case 
  under subsection (a), the Secretary shall annotate all immigration and 
  naturalization records of the Department of Homeland Security relating 
  to the special veteran involved so as to reflect that identification 
  and afford an opportunity to track the outcomes for the veteran. Such 
  annotation shall include--
              (1) the veteran's branch of military service;
              (2) whether or not the veteran served during a period of 
          military hostilities described in section 329 of the 
          Immigration and Nationality Act (8 U.S.C. 1440); and
              (3) the veteran's immigration status at the time of 
          enlistment.
target:  Repatriate Our Patriots Act This bill prohibits a special veteran from being removed from the United States. A special veteran: (1) is an alien veteran who was discharged or released from military service under conditions other than dishonorable; (2) includes only an honorably discharged or released individual; and (3) excludes an individual convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or terrorism-related offenses or an individual determined to be a child abuser or a pedophile.  DHS: (1) shall process naturalization applications for special veterans within 90 days; and (2) may permit special veterans to file naturalization applications from abroad and take the oath of allegiance at U.S. embassies, consulates, and military installations. DHS shall: (1) cancel the removal of a special veteran in removal proceedings, and (2) allow a special veteran whose permanent resident status was rescinded to adjust back to such status. The Department of Justice, in the case of a special veteran who was ordered removed, shall rescind any outstanding order of removal and any finding that the individual is subject to removal or is inadmissible. DHS shall create a program to allow a special veteran who was removed to return to the United States as a lawfully admitted permanent resident. A special veteran who has been naturalized or who has obtained lawful permanent resident status pursuant to this bill shall be eligible for all military and veterans benefits for which such individual would have been eligible otherwise.  DHS shall identify and maintain records of immigration cases involving special veterans.
feat_title: Repatriate Our Patriots Act