Can Illegal Aliens Join the U.S. Military?
The debate surrounding illegal aliens and their ability to join the U.S. military has been a contentious one in recent years. Some argue that allowing illegal aliens to join the military is a way to earn a path to citizenship, while others claim it is a security risk and a blow to the integrity of the military. In this article, we will delve into the complex issue of illegal aliens and their ability to join the U.S. military.
Direct Answer:
No, illegal aliens are not eligible to join the U.S. military. According to U.S. law, an individual must be a lawful permanent resident or a natural-born citizen of the United States to be eligible to join the military. 10 U.S.C. § 502(a).
Legal Framework:
The legal framework surrounding military enlistment is governed by the Military Selective Service Act, which requires individuals to register with the Selective Service System if they are male and between the ages of 18 and 25. 50 U.S.C. § 453. However, the law does not permit illegal aliens to register, as they are not legal residents of the United States.
Military Policy:
The U.S. military has a long history of allowing non-citizen immigrants to serve, provided they meet certain eligibility criteria. Prior to 1982, the military allowed aliens to enlist through a special program known as the "Alien Status" program. However, this program was discontinued in 1982 due to concerns over national security.
Recent Developments:
In 2012, the Obama administration proposed a plan to allow undocumented immigrants who were brought to the United States as minors to serve in the military. The plan, known as the "Deferred Action for Childhood Arrivals" (DACA) program, allowed eligible individuals to live and work in the United States for a period of two years, but it did not provide a clear path to citizenship.
In 2019, a federal court ruled that the Trump administration’s attempt to end the DACA program was unlawful. The ruling meant that DACA recipients, often referred to as "Dreamers," were allowed to continue serving in the military. However, the ruling did not change the fact that illegal aliens are not eligible to join the military in the first place.
Security Concerns:
One of the primary concerns surrounding illegal aliens and their ability to join the U.S. military is security. Opponents argue that allowing illegal aliens to join the military would pose a risk to national security, as they may not be thoroughly vetted or lack the necessary clearance to handle sensitive information.
Constitutional Issues:
Another issue surrounding illegal aliens and the military is whether it is constitutional to restrict their ability to serve. Some argue that the government’s power to regulate immigration extends to the military, while others claim that the First Amendment’s guarantee of equal protection under the law would require the government to extend the same benefits to all persons, regardless of immigration status.
Benefits of Illegal Aliens Serving in the Military:
Proponents of allowing illegal aliens to join the military argue that it would provide a sense of purpose and belonging to individuals who are already a part of American society, but lack legal status. Serving in the military could also provide a path to citizenship, as it has for other immigrants throughout U.S. history.
Conclusion:
In conclusion, the answer to the question of whether illegal aliens can join the U.S. military is no. While the legal framework and military policy do not permit illegal aliens to enlist, there have been attempts to provide alternative pathways to citizenship for undocumented immigrants who are willing to serve. However, concerns over national security and constitutional issues have led to opposition to these efforts.
