Lance Corporal Jose Gutierrez Act of 2008
Latest action · Oct 3, 2008 Placed on the Union Calendar, Calendar No. 587.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 8, 2008
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Lance Corporal Jose Gutierrez Act of 2008 - (Sec. 2) States that any person who served honorably as a member of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities.
Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service.
(Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge.
Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses' removal of conditional status.
(Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans.
(Sec. 5) Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon: (1) illegal reentry; (2) expedited removal for commission of certain crimes; or (3) inspection for admissions or asylum.
Exempts from specified grounds of inadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has served honorably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces.
Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors.
(Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces.
(Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces honorably during the period beginning February 28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietnam hostilities, or thereafter during any presidentially-designated period of military hostilities.
Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility.
Cosponsors 19
Members who signed on, in the order they did. Signatures ran from May 8, 2008 to Sep 10, 2008; 6 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MI | John Conyers, Jr. | Original | May 8, 2008 |
| D-CA | Loretta Sanchez | Original | May 8, 2008 |
| R-TX | Mac Thornberry | Original | May 8, 2008 |
| R-OH | Michael R. Turner | Original | May 8, 2008 |
| R-IN | Mike Pence | Original | May 8, 2008 |
| D-TX | Silvestre Reyes | Original | May 8, 2008 |
| D-TX | Henry Cuellar | May 15, 2008 | |
| D-HI | Neil Abercrombie | May 15, 2008 | |
| D-CA | Bob Filner | May 22, 2008 | |
| D-CA | Hilda L. Solis | May 22, 2008 | |
| D-CA | Jane Harman | May 22, 2008 | |
| D-CA | Lucille Roybal-Allard | May 22, 2008 | |
| D-CA | Michael M. Honda | May 22, 2008 | |
| D-TX | Sheila Jackson Lee | May 22, 2008 | |
| D-AZ | Raúl M. Grijalva | Jun 3, 2008 | |
| D-AZ | Ed Pastor | Jun 10, 2008 | |
| D-CA | Grace F. Napolitano | Jun 10, 2008 | |
| D-CA | Linda T. Sánchez | Jun 10, 2008 | |
| D-CA | Joe Baca | Sep 10, 2008 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred May 8, 2008Markup Sep 17, 2008Reported Oct 3, 2008 |
| Immigration Integrity, Security, and Enforcement Subcommittee | Referred Jun 3, 2008Discharged Sep 17, 2008 |
Actions 8
Everything that happened, newest first.
- Oct 3, 2008Reported (Amended) by the Committee on Judiciary. H. Rept. 110-912.
- Oct 3, 2008Placed on the Union Calendar, Calendar No. 587.
- Sep 17, 2008Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Discharged.
- Sep 17, 2008Committee Consideration and Mark-up Session Held.
- Sep 17, 2008Ordered to be Reported (Amended) by Voice Vote.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 110-92 | IMMIGRATION NEEDS OF AMERICA'S FIGHTING MEN AND WOMEN44 pages | Judiciary Committee | May 20, 2008 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes.
- Short Titles as Reported to House
- Lance Corporal Jose Gutierrez Act of 2008
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Administrative remedies
- Aliens
- Armed Forces and National Security
- Crime and Law Enforcement
- Criminal aliens
- Department of Homeland Security
- Department of Justice
- Deportation
- Families
- Government Operations and Politics
- Illegal aliens
- Immigrants
- Immigration
- Law
- Married people
- Military dependents
- Military operations
- Military personnel
- Naturalization
- Parents
- Right of asylum
- Siblings
- Veterans' benefits
- Visas
Text 2
Each version as it was printed, newest first.
- Oct 3, 2008Reported in House
- May 8, 2008Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
