Military Careers in Intelligence as an Undocumented Immigrant or DACA Recipient

Jan 17, 2024

17 Min Read

1. Are undocumented immigrants or DACA recipients eligible to join the military?


No, undocumented immigrants are not eligible to join the military. DACA (Deferred Action for Childhood Arrivals) recipients are also not eligible to join the military at this time, although there have been discussions about potentially allowing them to do so in the future.

2. What are the requirements for joining the military as an undocumented immigrant or DACA recipient?


There is no one set of requirements for joining the military as an undocumented immigrant or DACA recipient, as eligibility can vary depending on individual circumstances and policies. Generally, to join the military as an undocumented immigrant or DACA recipient, you would need to:

1. Have a valid Employment Authorization Document (EAD) through DACA or other means.
2. Meet the basic qualifications for enlisting in the military, such as age, education level, and physical fitness.
3. Pass a background check and meet security clearance requirements.
4. Obtain a valid Social Security number and potentially a Green Card.
5. Obtain any necessary waivers for immigration violations or criminal history.
6. Meet the requirements for citizenship or legal permanent residency during or after service.

It’s important to note that policies and practices related to serving in the military as an undocumented immigrant or DACA recipient are subject to change and may vary by branch of service. It is recommended that individuals interested in joining speak with a recruiter from their desired branch of service for specific guidance and information on eligibility requirements.

3. Will a person’s immigration status affect their chances of being accepted into the military?


Yes, a person’s immigration status can affect their chances of being accepted into the military. In order to join the military, individuals must meet certain eligibility requirements, which include being a U.S. citizen or having legal permanent resident status. Undocumented immigrants or those with certain types of visas may not be eligible to serve in the military. Additionally, recruiters may be reluctant to accept applicants with uncertain immigration status out of concerns for enlistment and deployment restrictions. However, there are some exceptions for non-citizens who have specialized skills or language abilities that are needed by the military. These individuals may be able to apply for citizenship through their service.

4. Are there any specific branches of the military that are more likely to accept undocumented immigrants or DACA recipients?


Currently, the only branch of the military that allows unauthorized immigrants to enlist is the United States Army. However, DACA recipients may also be able to join the Army Reserve or Air National Guard through a special program. This policy is subject to change and may vary depending on individual circumstances and immigration status. It is best to consult with a recruiter for more specific information.

5. How does the military verify a person’s immigration status before accepting them into service?


The military verifies a person’s immigration status before accepting them into service through a series of background checks and validation processes. This includes:

1. Background Check: The military conducts a thorough background check on each potential recruit to verify their identity, criminal history, work and education history, and references.

2. Immigration Status Verification: During the initial screening process, individuals are required to provide valid documentation proving their legal status in the country, such as a green card or visa.

3. I-9 Verification: All recruits must complete an I-9 form, which requires them to provide acceptable documents that prove their identity and employment authorization.

4. E-Verify: The Department of Defense uses the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system to electronically verify the identity and employment eligibility of all new hires, including those enlisting in the military.

5. Security Clearance Process: As part of the security clearance process for certain positions within the military, additional background checks may be conducted through federal databases that include immigration records.

6. Interviews: In some cases, recruits may also be required to participate in interviews with military officials to address any concerns or questions regarding their immigration status.

Overall, the military takes immigration status very seriously and has strict procedures in place to ensure that all individuals serving are legally authorized to do so.

6. Can undocumented immigrants or DACA recipients be deployed overseas as part of their military service?

No, undocumented immigrants and DACA recipients are not eligible to serve in the military. Only United States citizens and permanent residents with proper documentation are eligible to join the military and potentially be deployed overseas.

7. Will joining the military impact a person’s immigration case or status in any way?


Yes, joining the military can impact a person’s immigration case or status in several ways:

1. Expedited naturalization: Certain non-citizens who serve honorably in the U.S. military for at least one year during designated periods of hostility may be eligible for expedited naturalization. This means they can become a U.S. citizen faster than other non-military applicants.

2. Adjustment of status: Joining the military may also make it easier for some non-citizens to adjust their status to become a legal permanent resident (green card holder). Some service members may qualify for certain waivers or exceptions that are not available to civilians.

3. Enlisting with Deferred Action for Childhood Arrivals (DACA): Currently, individuals with DACA are not able to join the U.S. military. However, there have been efforts to change this policy and allow DACA recipients to enlist.

4. Deployment and travel restrictions: Non-citizens who serve in the military may face certain limitations on where they can be deployed and travel due to their immigration status.

5. Criminal charges and conduct: Any criminal charges or disciplinary actions while serving in the military could negatively impact an individual’s immigration case or status.

It is important for non-citizens considering joining the military to consult with an immigration attorney before making any decisions that could affect their current or future immigration status.

8. Is it possible for an undocumented immigrant or DACA recipient to obtain security clearance while serving in the military?

It is possible for undocumented immigrants or DACA recipients to obtain security clearance while serving in the military, but it is not guaranteed. The Department of Defense does have a pathway for undocumented immigrants to enlist in the military through the Military Accessions Vital to National Interest (MAVNI) program, but this program is currently on hold and undergoing review. DACA recipients are not eligible for MAVNI at this time.

Additionally, eligibility for security clearance depends on a variety of factors including passing a thorough background check and having a clean criminal record. Having an undocumented status or previous involvement in unlawful activities may affect an individual’s ability to obtain security clearance. It is best to consult with a military recruiter or legal counsel for more information about specific situations.

9. What types of jobs or roles are available for undocumented immigrants and DACA recipients in the intelligence field within the military?


There are very limited job opportunities for undocumented immigrants and DACA recipients in the intelligence field within the military. The military requires all individuals to have a valid legal status in order to join and obtain a security clearance. Without a valid legal status, it is not possible to access classified information or hold positions that require a security clearance.

However, there may be some rare exceptions for temporary residency holders or asylees who are able to obtain a permanent resident status and meet all other requirements for joining and obtaining a security clearance. These individuals may then be eligible for certain intelligence jobs within the military.

Additionally, there may be non-intelligence roles available for undocumented immigrants and DACA recipients in the military, such as administrative or support positions. These roles do not require a security clearance and may be open to those without legal status.

It is important to note that entering military service with an illegal or undocumented status is considered fraudulent enlistment and can result in discharge from the military.

10. What is the process for obtaining citizenship through military service for an undocumented immigrant or DACA recipient?


The process for obtaining citizenship through military service for an undocumented immigrant or DACA recipient typically includes the following steps:

1. Meet eligibility requirements: To be eligible for citizenship through military service, the individual must meet certain criteria, such as being over 18 years old, having a high school diploma or equivalent, and being of good moral character.

2. Join the military: The first step is to enlist in one of the branches of the U.S. military. This can be done by speaking with a recruiter and going through the standard enlistment process.

3. Serve honorably for a specific amount of time: In order to qualify for citizenship through military service, non-U.S. citizens must serve at least one year of active duty service in the armed forces.

4. File for naturalization: Once the individual has completed at least one year of active duty service and has received an honorable discharge, they can apply for naturalization through Form N-400.

5. Attend biometric appointment: After filing the application, applicants will receive a notice to attend a biometric appointment where their fingerprints, photo, and signature will be taken.

6. Complete background check and interview: Applicants will have their background checked and then will be scheduled for an interview with a USCIS officer. During this interview, they may also take an English and civics test.

7. Take oath of allegiance: If approved for citizenship, applicants must take an oath of allegiance to the United States at a naturalization ceremony.

8. Obtain Certificate of Naturalization: After taking the oath of allegiance, applicants will receive a Certificate of Naturalization as proof of their U.S. citizenship.

9. Apply for documentation and passport: Once obtained citizenship through military service, individuals can apply for a U.S passport and other necessary documents to prove their status as citizens.

10. Seek legal counsel if needed: It is important to consult with an immigration attorney throughout this entire process as they can provide guidance and legal assistance.

11. Are there any limitations on advancement opportunities for individuals with uncertain immigration status in the military intelligence field?


There may be limitations on advancement opportunities for individuals with uncertain immigration status in the military intelligence field due to security clearance requirements and potential restrictions on non-citizens holding certain positions. However, these limitations may vary depending on the specific branch of the military and their policies on immigration status. Additionally, individuals may be able to obtain permanent resident status or citizenship through military service, which could open up more opportunities for advancement.

12. How does a person navigate through potential conflicts between their duty to serve and their unresolved immigration status as a member of the intelligence community?


Navigating potential conflicts between duty to serve and unresolved immigration status can be challenging for an individual working in the intelligence community. However, there are a few steps that a person can take to address this issue:

1. Consult with legal counsel: It is important to consult with an experienced immigration lawyer who understands the complexities of working in the intelligence community. They can provide guidance on how best to handle your situation and ensure that your actions are in compliance with immigration laws.

2. Inform superiors: Be open and honest with your superiors about your immigration status. They may be able to offer support or guidance on how to navigate any potential conflicts.

3. Seek security clearance: If you have not done so already, it is important to apply for security clearance as soon as possible. Having a valid security clearance can help alleviate concerns about your immigration status and demonstrate your commitment to serving in the intelligence community.

4. Follow all laws and regulations: As an employee of the intelligence community, it is crucial to comply with all laws and regulations related to immigration and national security. This includes properly disclosing any relevant information during background checks and following proper protocols for travel abroad.

5. Be proactive about resolving your immigration status: Work towards resolving your immigration status as soon as possible by seeking out legal assistance or applying for available pathways towards citizenship or permanent residency.

6. Stay informed: Stay up-to-date on changes in immigration policies and laws that may impact your situation. Speak with your legal counsel regularly to assess any potential risks or opportunities.

Ultimately, it is important to balance one’s duty to serve with addressing their unresolved immigration status through proper channels. By staying informed, seeking legal advice, and actively working towards resolving one’s status, individuals can effectively navigate potential conflicts while continuing their work in the intelligence community.

13. Does an individual have to disclose their immigration status during recruitment if they want to join as an intelligence officer?


No, an individual does not have to disclose their immigration status during recruitment if they want to join as an intelligence officer. The recruitment process for intelligence officers includes a security clearance and background check, but immigration status is not typically a factor in this process. As long as the individual meets the eligibility requirements and passes the necessary screenings, their immigration status should not affect their ability to join as an intelligence officer.

14. Can a person be discharged from service if their immigration status changes during their time in the military?


Yes, if a person’s immigration status changes during their time in the military, they can potentially be discharged from service. This is because all military personnel are required to maintain valid immigration status while serving. If a person’s immigration status changes and they are no longer authorized to serve in the military, they may be subject to discharge proceedings. However, there are certain exceptions and provisions that may allow them to continue serving or obtain legal residency through their military service. It is important for individuals in this situation to seek guidance from a military legal representative or an experienced immigration lawyer.

15. How do background checks work for undocumented immigrants and DACA recipients who apply for positions within intelligence agencies?

Background checks for employment with intelligence agencies typically involve a comprehensive review of an individual’s personal and professional history, including education, employment, and criminal records. This process is used to assess an applicant’s suitability for a particular job, as well as their potential for security risks or vulnerabilities.

Undocumented immigrants and DACA recipients may face some additional challenges in the background check process due to their immigration status. As part of the process, applicants will likely be required to provide proof of legal authorization to work in the United States. However, intelligence agencies must also comply with federal laws that prohibit discrimination based on national origin and citizenship status.

In general, an applicant’s immigration status should not automatically disqualify them from employment with an intelligence agency unless there are security concerns directly related to their status. In such cases, applicants may have the opportunity to explain their circumstances and provide any necessary evidence or documentation that can help address any concerns.

It is important to note that each intelligence agency may have its own specific policies and procedures for determining an individual’s eligibility for employment based on their immigration status. Overall, the background check process for undocumented immigrants and DACA recipients applying for positions within intelligence agencies will involve a thorough review of all available information to determine whether they meet the necessary requirements and standards for employment.

16. Are there any additional steps that need to be taken by an undocumented immigrant or DACA recipient before being able to serve in intelligence roles within the military?


Yes, there are additional steps that need to be taken by undocumented immigrants or DACA recipients before being able to serve in intelligence roles within the military. These may include obtaining legal immigration status through avenues such as marriage to a U.S. citizen or applying for a visa or green card through employment or family sponsorship. In addition, background checks and security clearances must be obtained, as well as meeting all other requirements for military service including physical fitness and passing entrance exams.

17. Is it possible for non-citizens serving in intelligence roles to become commissioned officers, and what steps need to be taken to achieve this goal?


Yes, it is possible for non-citizens to become commissioned officers in the intelligence field. However, the process may vary depending on the specific branch or agency they are serving in.

Generally, non-citizens must first obtain permanent resident status (green card) in order to be eligible to join the military or be granted a security clearance for intelligence roles. This can be achieved through various means such as marriage to a U.S. citizen, employment sponsorship, or refugee/asylee status. Once permanent resident status is obtained, they may then apply to join the military or pursue a career in intelligence.

The specific steps that need to be taken may include:

1. Meeting standard eligibility requirements: Non-citizens must meet all basic eligibility requirements for joining the military or being hired as an intelligence officer, such as age limits and physical fitness standards.

2. Obtaining security clearance: In order to work in an intelligence role, individuals must pass a thorough background check and obtain a security clearance from the Department of Defense (DoD) or other relevant agency.

3. Meeting language proficiency requirements: Depending on the specific role and agency, non-citizens may be required to demonstrate proficiency in certain languages crucial for their position.

4. Applying with proper documentation: Non-citizens should have all necessary documentation proving their permanent resident status and any necessary language certifications when applying for military service or intelligence positions.

5. Going through training and further education: Once accepted into a position as a non-citizen, individuals will typically need to go through basic training and may also be required to complete additional language courses or other specialized training.

It’s important to note that even if non-citizens are able to become commissioned officers in the intelligence field, they may still face restrictions on certain assignments or holding certain clearances due to their citizenship status. Each branch of the military and government agency has its own policies and procedures regarding non-citizen personnel, so it’s important for individuals to research these before pursuing a career in the intelligence field.

18. As a third party, how can I support an undocumented immigrant or DACA recipient who is interested in joining the military for a career in intelligence?


There are several ways that you can support an undocumented immigrant or DACA recipient who is interested in joining the military to pursue a career in intelligence:

1. Educate yourself on the requirements and options: It is important to understand the eligibility criteria and opportunities available for undocumented immigrants and DACA recipients who want to join the military. This will help you provide accurate information and guidance.

2. Connect them with resources: There are various organizations and resources specifically dedicated to assisting undocumented immigrants and DACA recipients navigate the process of joining the military. You can help connect them with these organizations, such as The Dream.US or United We Dream, for guidance and support.

3. Provide emotional support: The decision to join the military is a significant one, especially for someone who may face additional challenges as an undocumented immigrant or DACA recipient. Be a supportive listener and offer encouragement throughout their journey.

4. Help with paperwork: Depending on their situation, there may be specific paperwork or documentation that they need to complete for their application. Offer your assistance in filling out forms or gathering necessary documents.

5. Offer financial support: Joining the military can be expensive, especially for someone without citizenship status or financial assistance from family members. Consider offering financial support towards application fees, test preparation materials, or other related costs.

6. Advocate for them: Use your platform to advocate for more inclusive policies that would allow undocumented immigrants and DACA recipients to serve in the military without fear of deportation.

7. Seek legal guidance: Encourage them to seek advice from an immigration lawyer who specializes in helping undocumented individuals join the military.

8. Share success stories: Hearing about others’ experiences can be inspiring and motivating for someone considering a similar path. Share success stories of other undocumented immigrants or DACA recipients who have joined the military and succeeded in their intelligence career.

9.Mentorship: If you have personal experience serving in the military, consider mentoring them through the process, sharing knowledge and advice along the way.

10. Celebrate their achievements: Joining the military is a significant achievement, particularly for someone who has faced additional challenges due to their immigration status. Celebrate their success and continue to support them as they pursue their intelligence career.

19. Are there any success stories of undocumented immigrants or DACA recipients serving in the military intelligence field?


Yes, there are several success stories of undocumented immigrants or DACA recipients serving in the military intelligence field. Some examples include:

1. Miguel Perez Jr.: Perez Jr. is a Mexican-born Army veteran who enlisted in October 2001 and served two tours in Afghanistan before being honorably discharged in 2004. He was later accepted into the Military Intelligence Corps as a non-citizen and served as an intelligence analyst.

2. Jonathan Castillo: Castillo joined the Marine Corps Reserve through the Delayed Entry Program while he was still an undocumented immigrant. He later obtained legal status through DACA and completed training as a military intelligence specialist.

3. Hiram Marrero: Marrero joined the Marine Corps Reserve as an undocumented immigrant and was eventually granted citizenship through his service. He served as an intelligence analyst during his time in the military.

4. Jose Rodriguez: Rodriguez entered the Army Reserve while he was still an undocumented immigrant from El Salvador. He obtained legal status through a special program for qualified immigrants and went on to serve as a special intelligence analyst.

5. Luis Nunez-Corrado: Nunez-Corrado came to the United States from Mexico at age four and enlisted in the Army National Guard at 17 years old as part of Operation Jump Start, which supported border control operations across the Southwest U.S.-Mexico border. He went on to serve as a human intelligence collector while finishing high school and attending college under DACA.

These are just a few examples of successful individuals who have been able to serve in military intelligence despite their undocumented or DACA-recipient status. Their bravery, dedication, and contributions demonstrate that anyone with the skills and passion for this field can make valuable contributions to our national security, regardless of their immigration status.

20. How can someone with uncertain immigration status best prepare for joining the military and pursuing a career in intelligence?


1. Understand the eligibility requirements: Make sure to thoroughly research the eligibility requirements for joining the military and pursuing a career in intelligence. This will help you determine if you are eligible to apply.

2. Seek legal counsel: It is important to seek legal counsel from a reputable immigration attorney who can advise you on your individual circumstances and provide guidance on any potential risks or challenges you may face.

3. Maintain accurate documentation: Keep all important documents, such as passports, visas, and work permits, up to date and organized. It may also be helpful to gather any documentation that demonstrates your ties and contributions to the United States, such as proof of employment or community involvement.

4. Consider Deferred Action for Childhood Arrivals (DACA): If you arrived in the United States as a child, you may be eligible for DACA which provides temporary relief from deportation and allows certain individuals to work legally in the country.

5. Be honest during the application process: It is important to be honest about your immigration status during the application process for joining the military and pursuing a career in intelligence. Lying or providing false information can result in serious consequences.

6. Research job specialties that do not require security clearance: While many jobs in the military and intelligence fields require security clearance, there are some roles that do not have this requirement. Look into these job specialties which may be more accessible for those with uncertain immigration status.

7.Discreetly disclose your status: If possible, discreetly disclose your immigration status to a superior or recruiter before applying for military service or seeking employment in intelligence. They may have insight on how best to navigate your situation.

8. Stay up-to-date on changes in policy: Immigration policies can change frequently, so it is important to stay informed about any updates that may affect your situation.

9. Consider alternative paths: If joining the military or pursuing a career in intelligence is not an option at this time due to your immigration status, consider alternative paths to gain experience or education in these fields. This can include volunteering, internships, or enrolling in relevant courses.

10. Seek support from organizations: There are various organizations that provide resources and support for immigrants pursuing military service and intelligence careers, such as the Military Accessions Vital to the National Interest (MAVNI) program or the Immigrant Legal Advocacy Project (ILAP). Reach out to them for guidance and assistance.

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