The MAVNI program was established in 2009 to allow immigrants with certain skills to become naturalized U.S. citizens after completing basic training and enlisting in the armed forces. According to the Department of Homeland Security’s Annual Report in June of 2017, as of 2016, USCIS completed 9,822 MAVNI naturalizations with an average processing time of 147 days. Now, lengthy processing times and delays are creating major problems in the program. Recently, the Pentagon began considering cancelling the program, which is currently on halt. On September 30, 2016, the Department of Defense issued a controversial memorandum regarding the program.
The September 30th Memo
The September 30, 2016, memorandum regarding the MAVNI program made four major changes to the program. First, it extends MAVNI program through September 30, 2017. Second, it requires MAVNI enlistees maintain an immigration status or obtain deferred action, and clarifies DACA beneficiaries may enroll in the program. Third, it requires all MAVNI applicants complete all security screening before shipping to basic training or serving active duty. And fourth, provides that MAVNI enlistees are not eligible for interim security clearance until completion of their first enlistment and receiving a positive national security eligibility determination. The biggest problem is that individuals accepted to the program cannot enter basic training until they complete their security clearance, but they cannot get a security clearance until after finishing their first enlistment term, which means no one can get into basic, and no one who has completed basic can promote.
Existing and Potential Problems
One of the obvious problems comes from the lack of troops the military will be receiving by denying those individuals in the MAVNI program the ability to naturalize through service. The program was created to fill a gap, and that gap has not yet necessarily been filled.
Another obvious problem arises for those who are going to or already have lost their status. The potential for deportation or future problems due to being in the US out of status could have both immediate and long term effects on those who were accepted to the program and now are experiencing problems.
One specific area of the military that would be affected by removal of the program is the Special Operations Command of the Army, which has recruited heavily and supported the program since its inception. Individuals with foreign language skills and cultural knowledge who have resided in the US and can bridge the gap between the military and the countries they find themselves in is highly valuable. Which is likely why on July 11, 2017, MAVNI individuals began receiving emails, informing them they were now qualified for security clearances and to move forward with their application process. Others, however, have not been as fortunate and still wait in limbo.
Another specific area that recruits highly from the MAVNI program are dentist, more specifically the Army reserve. For an individual to receive clearance to enter combat, they must receive a dental exam. With less dentists, the time it would take to process troops pre-deployment could begin taking longer.
Money is always a problem, and there are concerns that by not recruiting translators and doctors to be in the armed forces, the U.S. will have to resort to hiring third parties through contractors, which is always more expensive. Further, hiring a U.S. born citizen with the specialties that MAVNIs are required to possess is generally more expensive, as the military is competing with the private job market to bring them into the ranks.
Responses in DC
Congress is no longer sitting silently while MAVNI recruits wonder what will happen to them. A number of representatives and senators have been filing amendments that would address the situation in a number of different ways, while others are writing letters to encourage officials not to cancel the program and instead help those recruits stuck in limbo.
Among those writing letters are Representative Bill Pascrell who wrote to DHS, and Senator Mark Warner who wrote to the DOD.
Representatives Don Beyer, Gwen Moore, Bill Pascrell, and Grace Meng are among those who have proposed varying amendments to prevent any negative action toward the program or the recruits. Solutions range from preventing the DOD from canceling contracts to preventing the Pentagon from sharing MAVNI recruits personal information with ICE unless they are deemed a dangerous person.
Still, others, like Representatives Steve King and Paul Gosar, have filed amendments that would deny DACA beneficiaries eligibility to the program, and only allow those who are not a present counter intelligence threat to enlist in the program.
What Happens Next
The various amendments have been filed and will be heard before a number of different committees before any action can be taken on the matter. Alternatively, several lawsuits have been filed against the DOD and Defense Secretary Mattis, challenging the constitutionality of the September 30, 2016 memorandum.
While the writing on the wall seems to suggest that the program has significant support and the actions took by the DOD were possibly illegal, it doesn’t seem clear yet what solutions the court or the DOD will deem fit to resolve the matter.
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