20 Aug 2025 Members Of Military Now Subject To Deportation
According to a recent memo issued by the Acting Director of Immigration and Customs Enforcement (ICE), even active-duty members of the military could be subject to deportation. The memo, entitled “Consideration of US Military Service During Civil Immigration Enforcement Actions,” instructs all ICE employees, “US military service alone does not automatically exempt aliens from the consequences of violating US immigration laws.”
The memo notes that ICE will “generally” not issue a notice to appear (NTA) against an alien who is currently serving on active duty in the U.S. military, absent “significant aggravating factors.” But the memo still confirms that “ICE personnel are not prohibited from placing an active-duty alien into immigration proceedings.” The memo further instructs that an “honorable discharge does not necessarily prevent an alien with US military service from being subject to immigration enforcement actions.”
To be clear, there are provisions in immigration law enabling a person (who is not a lawful permanent resident) to acquire “instant U.S. citizenship” through military service if they served during periods of armed conflict, which includes the war on terror, which has been in effect from 9/11 until the present. But there are cases where a person may not have qualified for U.S. citizenship because they may not have been physically present in the U.S. at the time of enlistment, etc. These members of the military could be subject to deportation/removal.
The point of this article is that many people who never served in the U.S. military are traumatized over Trump and his “enforcement priorities,” hoping that they can escape removal because they have a sympathetic case or situation warranting mercy or compassion, such as that they are old, sickly, a parent of a U.S. citizen, have been working and contributing to the U.S., have been living in the U.S. for so long and are yearning to find a way to legalize their status, etc.
However, if ICE will go after active-duty members of the military for deportation, and even those who were honorably discharged (meaning they may not have had any aggravating factors or crimes), then it would be difficult for a non-military alien to make an argument that they have a more compelling case. After all, these patriotic aliens are putting their lives on the line to protect our freedoms, and yet they are at risk.
In the past, people had the attitude that they would handle their immigration matters on their own in order to save money and go to an attorney only if they messed up or their case was denied. That may be a thing of the past. This is because under Trump, if a document is missing or a form is not filled out properly or completely, your petition or application could be denied. If denied, you may immediately be put in deportation/removal proceedings. That is why it is important to seek the advice of an attorney who could handle your case, determine your eligibility, and help you prepare and package your forms and evidence. After all, if an active-duty member of the military could be subject to deportation, so could you.
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