Can DACA Recipients Join the Military in 2023?
Since the Deferred Action for Childhood Arrivals (DACA) program was introduced in 2012, questions have arisen about the status of DACA recipients in relation to military service. Here, we will explore whether DACA recipients can join the military in 2023.
Direct Answer:
As of 2023, DACA recipients are eligible to serve in the military provided they meet the eligibility requirements set by the Department of Defense (DoD).
Background:
Before 2012, those brought to the United States as children, often through no fault of their own, faced uncertain futures. DACA, an executive action announced by President Barack Obama on June 15, 2012, allowed those eligible to apply for Deferred Action, which granted a temporary reprieve from deportation and allowed them to work legally in the United States for a period of two years. The program is available to individuals who: (1) were born on or after June 15, 1981; (2) brought to the United States under the age of 16; (3) lived continuously in the United States from June 15, 2007, onward; (4) applied before the program’s discontinuation on September 5, 2017, by the Trump administration.
Military Service and DACA
Since the inception of the DACA program, questions about the military service eligibility for these individuals have arisen. Initially, the Department of Homeland Security (DHS) and the Department of Defense (DoD) provided conflicting responses regarding the status of DACA recipients in the military.
In 2015, the DoD established Policy Memorandum Number 1-15: "Enlistment and Accession ofAliens Authorized to Remain Under the Deferred Action for Childhood Arrivals (DACA) Program". The memo stated that eligibility for military service was dependent on meeting the standard enlistment qualifications, including passing medical, physical, and cognitive screening tests.
Conversely, the Office of the Under Secretary of Defense (Personnel & Readiness) issued Guidance Letter Number 15.5, which stated that individuals with DACA status cannot join the military due to potential conflicts with the USCIS’s (U.S. Citizenship and Immigration Services) deferred action requirements.
Clarification and Update:
In 2020, President Donald Trump signed Executive Order 13971: "Enhancing U.S. Citizenship and Clarifying the Definition of Benefit Recipients". This order aimed to define a "benefit" for purposes of the Alien Terrorist Removal Court procedure, but it also touched upon the military service question for DACA recipients.
More specifically, the order revoked a prior policy that forbade individuals with DACA from enlisting in the U.S. military. With the revocation, individuals with DACA status are once again eligible to join the military, provided they meet the standard enlistment qualifications.
Elder and Bush Administrations:
In 1992, the Rodríguez v. Williams case led the Immigration and Naturalization Service (INS) to rule that individuals with DACA, though not U.S. citizens, could join the military. This decision granted military service eligibility to immigrant veterans.
In 1983, the Regulatory Procedures Act (Pub.L. 97–67) allowed for waiver consideration for individuals with medical, physical, or financial obstacles to enlistment or military service.
Comparison and Analysis:
When it comes to military eligibility for DACA recipients, previous confusion arose due to misinterpretation of policy letters, executive orders, or a lack of clear instructions.
| Policy Statements | Divergence | Causality |
|---|---|---|
| DoD – Enlistment and Accession (2015) | Standard enlistment requirements applied | Conflicting statement, potential conflict with deferred action requirements |
| OTUSD – Guidance Letter No. 15.5 (2015) | No, individuals with DACA status cannot join the military | Conflict with USCIS’s deferred action requirements |
The current situation, stemming from the 2020 executive order, clarifies the military service eligibility of DACA recipients. As indicated above, DACA recipients are eligible to join the military provided they meet the standard enlistment qualifications.
Conclusion and Call to Action:
To answer the question succinctly: yes, DACA recipients can join the military in 2023 if they meet the necessary enlistment requirements. Furthermore, it is essential for potential enlistees to remain updated on policy changes affecting military service eligibility.
Whether joining the military is on the horizon or not, the significance of this clarifying decision lies in reinforcing the commitment to national unity, service, and self-improvement. Additionally, it highlights the role that government policies play in shaping the lives of dedicated and ambitious individuals.
Note: The information provided may not be exhaustive, nor should it be considered the most recent or authoritative guide for DACA recipients interested in military service. It is always recommended to consult primary sources and relevant authorities regarding such matters.
