You have to be a legal resident to enter the armed services. Undocumented immigrants cannot enlist. Don't know where the author of the article is getting this information from.
A non-citizen must meet certain requirements to be eligible to join the military. The must have an Alien Registration Receipt Card (stamped I-94 or I-551 Green card/INS Form 1-551) as well as a bona fide residence established with an established a record of the U.S. as their home. If the non-citizens comes from countries with a reputation of hostility towards the U.S, they may require a waiver. The federal government cannot petition on behalf of an illegal immigrant so that they can obtain legal status and be able to enlist in the military.
In order for an immigrant to join the United States military, they must first go through the immigration process of the USCIS (previously known as the INS) and then and then begin the enlisting process. Another requirement is that the Green Card and/or visa of the immigrant desiring to join the military must be valid for the entire period of their enlistment.
Undocumented immigrants may not enlist in the U.S. military.
Immigrants and Non-Citizens in the US Armed Forces
There is a fast track for Soldiers to get their citizenship while serving.
Can Foreigners Serve in the United States Military?
How to become a US citizen while serving in the Military:
"Since 9/11 there has been a waiver for naturalization fees for military members serving during periods of hostilities," said Tina Brant, 509th Force Support Squadron naturalization representative. "That saves Airmen at least several hundreds of dollars.
"The time to process the applications is also much faster for troops than civilians because the Department of Defense and USCIS have a memorandum of agreement to expedite military applications," Brant said. "And if they don't receive their citizenship during their first enlistment, they will not be allowed to re-enlist."
The U.S. Military Helps Naturalize Non-Citizens | Military.com
Perez served 7 years. That is over the usual 4 year enlistment. Again, if he was not a citizen by then why not? Most get their citizenship (have to) to reenlist for the next 4-8 years.
The only exception I know of which allows undocumented immigrants entering military service was a DoD policy change for a small specialized population. This happened in 2014:
A small number of undocumented immigrants in the U.S. will have an opportunity to join the military for the first time in decades under a new Department of Defense policy unveiled Thursday.
The new rules will expand an existing program allowing recruiters to target foreign nationals with high-demand skills, mostly rare foreign language expertise or specialized health care training.
For the first time, the program — known as Military Accessions in the National Interest, or MAVNI — will be open to immigrants without a proper visa if they came to the U.S. with their parents before age 16. More specifically, they must be approved under a 2012 Obama administration policy known as Deferred Action for Child Arrivals, or DACA.
Military to allow undocumented immigrants to serve
The OP article does not have all the facts we need to know. For example, it does not indicate Perez's characterization of service at his discharge. Was it an honorable discharge, or general under honorable, or other than honorable? Hard stuff here. I've sat on administrative separation boards where I seated across from a decorated hero who sustained combat wounds either physical or mental. However, they have done something to break the UCMJ and are being boarded out of the Army. We take in all data including service and combat tours. All of such heroes got at least a general under honorable conditions which allows them to take advantage of VA benefits and disability ratings.
So the info needed is how did Perez serve a second enlistment term without becoming a US citizen? Also, what was his characterization upon exiting service. It just may be he was discharged either for medical (then he needs to stay as we broke him and need to fix him) or was discharged administratively for not obtaining his citizenship on time.
Regardless, the man is obviously suffering from service and combat related disabilities. If he received an honorable or under honorable general discharge he should have been receiving treatment at a VA hospital.
