PROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN MEMBERS OF THE ARMED FORCES; CONSIDERATION OF MILITARY SERVICE IN REMOVAL DETERMINATIONS.

SEC. 570B. [10 U.S.C. 1161 note] PROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN MEMBERS OF THE ARMED FORCES; CONSIDERATION OF MILITARY SERVICE IN REMOVAL DETERMINATIONS. (a) Prohibition on Involuntary Separation.— (1) In general.—No member of the Armed Forces may be involuntarily separated from the Armed Forces solely because that member is a covered member. (2) Covered member defined.—In this subsection, the term “covered member” means a member of the Armed Forces who— (A) possesses a current and valid employment authorization document that was issued pursuant to the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled “Exercising Prosecutorial Discretion with Respect to Individuals who Came to the United States as Children”; or (B) is currently in a temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). (b) [8 U.S.C. 1229 note] Consideration of Military Service in Removal Determinations.— (1) In general.—With regards to an individual, an immigration officer shall take into consideration evidence of military service by that individual in determining whether— (A) to issue to that individual a notice to appear in removal proceedings, an administrative order of removal, or a reinstatement of a final removal order; and (B) to execute a final order of removal regarding that individual. (2) Definitions.—In this subsection: (A) The term “evidence of service” means evidence that an individual served as a member of the Armed Forces, and the characterization of each period of service of that individual in the Armed Forces. (B) The term “immigration officer” has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).