Vote to Provide Legal Due Process to Non-Citizen US Military Veterans Fails

A California lawmaker's proposed amendment to provide legal protections for non-citizen U.S. military veterans in deportation removal proceedings failed Tuesday in the House of Representatives.

Rep. Norma Torres (D-CA) introduced the amendment to the Fiscal Year 2027 Military Construction, Veterans Affairs, and Related Agencies appropriations bill that according to an April 16 subcommittee markup would provide a total discretionary allocation of $157 billion, almost $4 billion (3%) above the FY 2026 enacted level.

After Torres introduced the amendment on Tuesday that would have prohibited federal funds from being used to deport a veteran unless they are first provided legal counsel and due process in immigration court, House Republicans introduced a change replacing these legal protections that Torres said merely reaffirms current law—claiming they "admit the reality that there is a serious problem with this administration deporting veterans, but fails to address the serious gaps that continue to leave veterans vulnerable to deportation without adequate protections."

The Republicans' effort to replace Torres' amendment language passed by a 34-28 vote, changing the language of the underlying amendment she initially introduced. It was then adopted by voice vote.

“I don't think that anybody should be processed through what Republicans are calling a criminal action of being in this country without proper documents, without being represented by an attorney,” Torres told Military.com on Monday, ahead of the vote."

I think the process of a fair trial, a fair hearing, is really important.

She said the nation owes more gratitude to such veterans, of which there are approximately 94,000 non-citizen U.S. military veterans “with great pride, and they are in limbo” due to potential deportation at the hands of U.S. Immigration and Customs Enforcement (ICE).

Military.com previously reported about ICE-related cases involving veterans, such as deported U.S. Army veteran Godfrey Wade of Georgia, who had to leave for Jamaica while his appeal was still pending. Other similar cases have included Marine Corps veteran Paul Canton, who in March faced deportation to his native New Zealand despite serving militarily for seven years and building a life in Central Florida for more than 25 years.

“It's really unfortunate that people could sign up to serve their country—any of them came to this country, like I did, at a very, very young age, don't even speak another language,” Torres said. “And for them to be put in this position without having representation, that's the promise of due process and that is the promise of our judiciary system.”

Torres Amendment Urged Legal Guarantees

The Torres amendment included two main components.

One was to provide legal counsel, saying that none of the funds made available by the proposed legislation may be used to remove any U.S. veteran from the country unless the Department of Homeland Security (DHS) and the Department of Justice certify that the individual was provided access to legal counsel, at no cost to the government if necessary; and that the individual was afforded a full and fair hearing in removal proceedings before an immigration judge, consistent with current law.

The other was a reporting requirement.

No later than 180 days after the enactment of this bill, the DHS secretary (currently Markwayne Mullin) shall submit a report to the appropriation committees of the U.S. House of Representatives and Senate detailing: the number of non-citizen veterans placed in removal proceedings in the preceding fiscal year; the outcomes of such proceedings; and the legal representation status of each such veteran.

I hope that my colleagues have had an opportunity to really rethink what we are doing here. We're not asking for a get-out-of-jail card. We are simply asking for due process.

Torres introduced a similar amendment about a year ago that failed by the most miniscule of margins, with Republican Rep. Tony Gonzales—who resigned earlier this month following a public affair—casting the deciding vote.

Veteran's Self-Deportation Story Weighs Heavy

A personal story that inspired Torres involved Army veteran Sae Joon Park, a Purple Heart recipient with PTSD, who appeared during a DHS hearing last December following his self-deporting to his native Korea after living in Hawaii for more than two decades.

He served in Operation Just Cause in 1989 to overthrow Panamanian leader Manuel Noriega and during an ambush by enemy forces was shot in the back.

Rather than pursue mental health treatment, Park numbed his pain with drugs like crack cocaine during his 20s and 30s—leading to an arrest in New York for trying to purchase drugs. He was charged with drug possession and later bail jumping after skipping a court hearing.

“What if instead of being awarded a Purple Heart, he would have been awarded a ticket to sobriety?” Torres said. “We would have had a much different person. And he self-deported because at his last check-in, the advice that he received from ICE agents was that at any moment he could be targeted. And if he was targeted, he would not be given an opportunity to go home and pick up a bag. 

“He felt that it was better for him to pack his bags, sell his, all of his belongings and self-deport. No one that serves our country—no military person, no veteran—deserves that kind of treatment.”

She said that currently, the U.S. has 282 veterans that are potential targets of deportation.

Details of the Legislation

The bill, described as reflecting the Trump administration’s “America First” agenda, includes military infrastructure investments that support readiness. As currently drafted, the bill provides $323.9 billion for mandatory programs, with a total of $469.49 billion in overall funding for FY 2027.

A summary of the bill as of April 16 provides the following takeaways.

One revolved around veterans, including fully funding heath care programs and benefits along with maintaining funding for research, mental health programs, suicide prevention and other programs. It also calls for investing over $2 billion in capital improvements for VA medical facilities and four national cemeteries.

"Supporting our servicemembers and veterans means delivering real results, and this bill does exactly that," said Military Construction, Veterans Affairs, and Related Agencies Subcommittee Chairman John Carter (R-TX) in a statement. "It ensures veterans receive the care and benefits they’ve earned by fully funding VA programs, including major investments in health care, suicide prevention services, and efforts to combat homelessness."

The bill would also provide $19.2 billion for Department of Defense military construction and family housing, including:

• $90 million in additional funding for design of barracks and child development centers vital for the quality of life for servicemembers and their families to address barrack deficiencies identified by the Government Accountability Office.

• $60 million above the enacted level for the demolition of excess and obsolete infrastructure, saving taxpayers money and lowering long-term facility maintenance costs at DOD.

• Continuing robust prior year funding of the INDOPACOM minor military construction pilot program.

• $50 million in additional funding for oversight of privatized family housing and continued robust investments in DOD family housing.

The current proposal would provide $450.29 billion for the VA, or $83.6 billion above the FY 26 enacted level. It calls to fully fund veterans’ medical care at $138.2 billion, equivalent to the FY 27 budget request, along with veterans’ benefits and toxic exposure-related needs, including $54.6 billion for the Toxic Exposures Fund (TEF).