Military Naturalizations: Federal Agencies Assist with Naturalizations, but Additional Monitoring and Assessment Are Needed
GAO-22-105021
Published: Sep 14, 2022. Publicly Released: Sep 14, 2022.
Noncitizens have a long history of serving in the U.S. military. Over 100,000 noncitizens joined from FYs 2010-2021. U.S. law authorizes the expedited naturalization of current and former servicemembers.
Servicemember naturalization applications fell 78% from 2017 to 2018—from about 11,000 to 2,500. DOD and other officials attributed this temporary decline in part to DOD policy changes, such as longer service requirements.
The military services don't ensure timely certification of applicants' service and could provide more information to servicemembers on the military naturalization process. Our recommendations address these and other issues.
Military servicemembers take part in a naturalization ceremony.
What GAO Found
Servicemember naturalization applications fell by 78 percent from approximately 11,000 in fiscal year 2017 to approximately 2,500 in 2018. These applications returned close to pre-fiscal year 2018 levels by fiscal year 2021. The percentage of these applications that U.S. Citizenship and Immigration Services (USCIS) approved also fell in fiscal years 2017 and 2018. According to USCIS and Department of Defense (DOD) officials, these temporary declines were due in part to DOD policy changes, such as longer service requirements to obtain military service certification.
To improve military naturalization efforts, DOD, the services, USCIS, and the Department of Veterans Affairs (VA) should:
Develop procedures to ensure timely processing of military service certifications. Four of the five services lack procedures to ensure the timely processing of servicemember requests for certification of honorable military service. DOD policy directs the services to process these requests—a key step in the naturalization process—within 30 days.
Establish a DOD policy to ensure the services inform noncitizen servicemembers about naturalization assistance. The services offer military naturalization assistance. The Navy, Air Force, and Coast Guard have processes to inform noncitizen servicemembers of such assistance. The Army also recently emailed noncitizen servicemembers about naturalization, but the Marine Corps has no such process.
Processes Services Use to Inform Noncitizen Servicemembers about Military Naturalization and Related Resources, as of April 2022
aMarine Corps does not have a process to inform noncitizen servicemembers about military naturalization resources.
Develop plans to assess military naturalization assistance efforts. DOD, USCIS and VA have taken coordinated actions, but they have not assessed their military naturalization assistance efforts.
Addressing these issues would help ensure that servicemembers do not face unnecessary delays, and provide insights into whether noncitizen servicemembers, veterans, and their families receive appropriate information about the military naturalization process.
Why GAO Did This Study
Noncitizens have a long history of serving in the military. Over 100,000 noncitizens joined the military from fiscal years 2010 through 2021. The Immigration and Nationality Act authorizes the expedited naturalization of current and former servicemembers.
GAO was asked to review issues related to the military naturalization process. This report examines (1) servicemember naturalization application data from fiscal year 2010 through 2021; (2) the extent DOD, the services, and USCIS developed and implemented military naturalization policies and procedures; and (3) the extent DOD, the services, the VA, and USCIS assist with military naturalizations and assess these efforts.
GAO analyzed USCIS data on servicemember naturalization applications and processing times. GAO also reviewed DOD, service, and USCIS military naturalization policies and procedures. GAO interviewed DOD, service, VA, and USCIS officials to determine the extent they assist with and assess military naturalization efforts.
Recommendations
GAO is making 11 recommendations including that the services develop procedures to collect information on military service certification processing timeliness; DOD establish a policy to ensure the services inform noncitizen servicemembers about naturalization assistance; and DOD, VA, and USCIS develop plans to regularly assess their military naturalization assistance efforts. DOD, VA, and USCIS agreed with our recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| United States Coast Guard | The Commandant of the Coast Guard should develop a policy documenting the N-426 certification process. (Recommendation 1) |
In September 2022, we reported on military naturalizations. We found that the Coast Guard did not have a policy documenting the process for military service certification. Specifically, the Coast Guard had not issued a policy documenting the requirement for certifying officials to process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days. As a result, we recommended that the Commandant of the Coast Guard develop a policy to document the N-426 certification process. The Department of Homeland Security concurred with this recommendation. In March 2023, the Department of Homeland Security reported that the Coast Guard is in the process of reviewing an update to their Commandant Instruction Manual that will create a policy for documenting the N-426 certification process and expects to issue this policy in the summer of 2023. We will continue to monitor the Coast Guard's efforts to address this recommendation.
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| Department of the Air Force | The Secretary of the Air Force should develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 2) |
In September 2022, we reported on military naturalizations. We found that the Air Force did not have information to ensure that certifying officials' process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. As a result, we recommended that the Secretary of the Air Force develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Air Force concurred with this recommendation. In January 2023, the Air Force reported that they have identified the Management Internal Control Toolset as a product that will allow the Air Force to capture, track, and document the timeliness of certifying officials return of the N-426 to the servicemembers. In addition, the Air Force will also update the Personnel Services Delivery Guide to update the roles and responsibilities of the certifying official to review/sign and return the N-426 within 30 days. These are positive steps to ensure the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization; however, to fully address the intent of recommendation the Air Force should develop a procedure to ensure certifying officials are fulfilling their roles and responsibilities. We will continue to monitor the Air Force's efforts to address this recommendation.
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| Department of the Army | The Secretary of the Army should develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 3) |
In September 2022, we reported on military naturalizations. We found that the Army did not have information to ensure that certifying officials' process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. As a result, we recommended that the Secretary of the Army develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Army concurred with this recommendation. In January 2023, the Army reported that they tasked the U.S. Army, Training and Doctrine Command to ensure its commanders ensure timely certification of a servicemembers N-426. According to the Army, as of July 29, 2022, Army headquarters began to notify noncitizens of their ability to apply for naturalization within their enlistment contract. In addition, a data reporting template was provided to the Training and Doctrine Command to ensure that a repository of information would be established. The development of this data reporting template is a positive step; however, to fully address this recommendation, the Army should develop a procedure to ensure the timeliness of certifying officials return of N-426 forms to servicemembers applying for naturalization. We will continue to monitor the Army's efforts to address this recommendation.
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| Department of the Navy | The Secretary of the Navy should ensure that the Commandant of the Marine Corps develops a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 4) |
In September 2022, we reported on military naturalizations. We found that the Marine Corps did not have information to ensure that certifying officials process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. As a result, we recommended that the Secretary of the Navy ensure that the Commandant of the Marine Corps develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Navy concurred with this recommendation. In January 2023, the Marine Corps reported that they plan to issue a message in March 2023, directing N-426 certifying officials at commands to track and report processing times for certification of the N-426 and report those metrics at least semi-annually to the Marine Corps Judge Advocate Division. In addition, the Marine Corps plans to develop and implement procedures that align with Navy procedures to support a consistent approach. We will continue to monitor the Marine Corps efforts to address this recommendation.
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| United States Coast Guard | The Commandant of the Coast Guard should develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 5) |
In September 2022, we reported on military naturalizations. We found that the Coast Guard did not have information to ensure that certifying officials process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. As a result, we recommended that the Commandant of the Coast Guard develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Department of Homeland Security concurred with this recommendation. In March 2023, the Department of Homeland Security reported that the Coast Guard is in the process of reviewing an update to their Commandant Instruction Manual that will document procedures for collecting information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Coast Guard expects to issue this policy in June 2023. We will continue to monitor the Coast Guard's efforts to address this recommendation.
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| United States Citizenship and Immigration Services | The Director of USCIS should track time frames from their receipt of the last background check to the final adjudication date for applications filed by servicemembers stationed on active duty abroad and use this information to help improve efforts to adjudicate these cases within 180 days. (Recommendation 6) |
In September 2022, we reported on military naturalizations. The Kendell Frederick Citizenship Assistance Act requires appropriate actions be taken to ensure that naturalization applications filed by active duty servicemembers stationed abroad receive expedited processing and are adjudicated within 180 days of the receipt of responses to all background checks. We found that USCIS did not track the duration of time between when it received all background checks and the final adjudication for naturalization applications filed by servicemembers stationed on active duty abroad. As a result, we recommended that USCIS track time frames from their receipt of the last background check to the final adjudication date for applications filed by servicemembers stationed on active duty abroad and use this information to help improve efforts to adjudicate these cases within 180 days. The Department of Homeland Security concurred with this recommendation. In March 2023, the Department of Homeland Security reported that currently USCIS can obtain information on and track the time of completion for most background checks using its Electronic Immigration System (ELIS). For those background checks for which information is not available in ELIS, USCIS is working to update and upgrade its systems. Once the system updates are completed and USCIS has a complete picture in ELIS of all background checks and their completion dates, the USCIS Field Operations Directorate plans to review the timeframes for military members abroad and see where enhancements are needed to complete their cases within 180 days of background checks being completed. USCIS estimates that it will complete these actions by September 2023. We will continue to monitor USCIS's efforts to address this recommendation.
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| Department of Defense | The Secretary of Defense should establish a policy to ensure that the military services develop and maintain a process to inform noncitizen servicemembers about the military naturalization process and available assistance and resources. (Recommendation 7) |
In September 2022, we reported on military naturalizations. We found that the Department of Defense (DOD) did not have a policy that ensured all military services were informing applicable noncitizen servicemembers about the military naturalization process, as well as available assistance and resources. As a result, the military services' notification processes on military naturalization varied. We recommended that DOD establish a policy to ensure that the military services developed and maintain a process to inform applicable noncitizen servicemembers about the military naturalization process and available assistance and resources. DOD concurred with this recommendation. DOD issued a policy in September 2022 that provides guidance to provide proper notice of options for naturalization for noncitizen recruits and servicemembers transitioning out of service. Specifically, the policy states that the military services and the United States Military Entrance Processing Command are to inform noncitizen recruits of existing naturalization programs and options during recruitment, the accession process, and during Basic Training. Further, the policy states that military services are to inform noncitizen servicemembers of the naturalization program and necessary information to assist them with the process at least once every two years via email or through delivered mail. The development of this policy is a positive step to help ensure noncitizen recruits and servicemembers are informed of the military naturalization process and related resources. DOD stated that they plan to issue a follow-on directive to the services requiring them to inform the Office of the Secretary of Defense of their process for notifying noncitizens. DOD intends to fulfill this directive by the end of September 2024. To fully address the intent of this recommendation, DOD would need to follow through with its intention to issue the follow-on directive to the services.
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| Department of Defense | The Secretary of Defense should establish a mechanism to monitor the military services' implementation of their processes to inform noncitizen servicemembers of the military naturalization process and available assistance. (Recommendation 8) |
In September 2022, we reported on military naturalizations. We found that the Department of Defense (DOD) did not have a mechanism to monitor the military services effort to inform applicable noncitizen servicemembers about the military naturalization process, as well as available assistance and resources. As a result, the military services notification efforts to noncitizen servicemembers varied. We recommended that DOD establish a mechanism to monitor the military services' implementation of their processes to inform noncitizen servicemembers of the military naturalization process and available assistance. DOD concurred with this recommendation. In January 2023, DOD reported that they issued a policy in September 2022 that directs the military services to inform noncitizen servicemembers of the naturalization program and necessary information to assist them with the process at least once every two years via email or through the United States Postal Service-delivered mail. The development of this policy is a positive step to ensure the military services are informing noncitizen servicemembers about the military naturalization application process and relevant resources more consistently. However, to fully meet this recommendation, DOD should develop a mechanism to monitor the military services are fulfilling the process DOD established in the policy. We will continue to monitor DOD's efforts to address this recommendation.
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| Department of Defense | The Secretary of Defense, in coordination with the VA and USCIS, should develop and implement a plan to regularly assess its military naturalization assistance efforts. (Recommendation 9) |
In September 2022, we reported on military naturalizations. We found that DOD has taken various steps individually and in coordination with VA and USCIS to assist noncitizen servicemembers and their families with the military naturalization process. However, DOD has not assessed their individual or coordinated military naturalization efforts to determine the extent noncitizen servicemembers and their families receive information on the military naturalization process, as well as receive information and resources to assist them with the application process. We recommended that DOD coordinate with the VA and USCIS to develop and implement a plan to regularly asses its military naturalization efforts. DOD concurred with this recommendation. In January 2023, DOD told us that the department would continue to meet with VA and USCIS on a monthly basis to review military naturalization efforts. DOD also stated that they would coordinate with USCIS to develop a memorandum of understanding that will assist and educate noncitizen servicemembers about the naturalization process during basic training. To fully address this recommendation, DOD should coordinate with the VA and USCIS to develop and implement assessment plans that would provide the agencies the opportunity to jointly assess their coordinated military naturalization assistance efforts. Developing and implementing an assessment plan with VA and USCIS would provide DOD insights into the extent noncitizen servicemembers are receiving appropriate information and assistance from DOD about applying for naturalization, and into the extent to which program changes may be needed in the future. We will continue to monitor DOD's efforts to address this recommendation.
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| Department of Veterans Affairs | The Secretary of Veterans Affairs, in coordination with DOD and USCIS, should develop and implement a plan to regularly assess its military naturalization assistance efforts. (Recommendation 10) |
In September 2022, we reported on military naturalizations. We found that VA has taken various steps individually and in coordination with DOD and USCIS to assist noncitizen servicemembers and their families with the military naturalization process. However, VA has not assessed their individual or coordinated military naturalization efforts to determine the extent noncitizen servicemembers and their families receive information on the military naturalization process, as well as receive information and resources to assist them with the application process. We recommended that VA coordinate with DOD and USCIS to develop and implement a plan to regularly assess its military naturalization efforts. VA concurred with this recommendation. In February 2023, VA told us that they have begun providing noncitizen veterans with information on the benefits of obtaining their citizenship and support that is available to them through the VA's Solid Start program. While this is a positive step, to fully address this recommendation, VA should coordinate with DOD and USCIS to develop and implement assessment plans that would provide the agencies the opportunity to jointly assess their coordinated military naturalization assistance efforts. Developing and implementing an assessment plan with DOD and USCIS would provide VA insights into the extent noncitizen servicemembers are receiving appropriate information and assistance from VA about applying for naturalization, and into the extent to which program changes may be needed in the future. We will continue to monitor VA's efforts to address this recommendation.
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| United States Citizenship and Immigration Services | The Director of USCIS, in coordination with DOD and VA, should develop and implement a plan to regularly assess its military naturalization assistance efforts. (Recommendation 11) |
In September 2022, we reported on military naturalizations. We found that USCIS has taken various steps individually and in coordination with DOD and VA to assist noncitizen servicemembers and their families with the military naturalization process. However, USCIS has not assessed their individual or coordinated military naturalization efforts to determine the extent noncitizen servicemembers and their families receive information on the military naturalization process, as well as receive information and resources to assist them with the application process. We recommended that USCIS coordinate with DOD and VA to develop and implement a plan to regularly assess its military naturalization efforts. USCIS concurred with this recommendation. In February 2022, USCIS told us of several initiatives the agency was pursuing with DOD such as developing a memorandum of agreement to formalize the interagency partnership and identify opportunities for noncitizen military members to access the naturalization process early in their career. USCIS also told us they continue to work with DOD and VA through the Interagency Naturalization Working Group to identify ways to enhance outreach and ensure they provide the best possible service to military members. In addition, USCIS told us that community relations officers have also been conducting outreach to stakeholder groups including current and former military members. While these are positive steps, to fully address this recommendation, USCIS should coordinate with DOD and VA to develop and implement assessment plans that would provide the agencies the opportunity to jointly assess their coordinated military naturalization assistance efforts. Developing and implementing an assessment plan with DOD and VA would provide USCIS insights into the extent noncitizen servicemembers are receiving appropriate information and assistance from USCIS about applying for naturalization, and into the extent to which program changes may be needed in the future. We will continue to monitor USCIS's efforts to address this recommendation.
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