Here is a summary of how the drafting system works, who is responsible for registering individuals for drafting and who is required by law to register.
What is the draft and what is it for?
A draft is the compulsory drafting of individuals into the armed forces, usually reinstated by an act of Congress in the event of a national emergency.
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The process is handled by the agency known as the Selective Service System, which is also responsible for registering certain people during peacetime to ensure easy and smooth labor execution during a war.
The United States has had a similar conscription system in place since the Revolutionary War, with the last bill passed in 1948 at the behest of President Truman and expiring in 1973.
Anti-war sentiments for the Vietnam War put the Selective Service System on deep sleep, but in 1979 a series of revitalization efforts were launched in an effort to improve the system’s ability to mobilize quickly in case of emergency.
In the summer of 1980, registration with the Selective Service System resumed under President Jimmy Carter’s Presidential Proclamation 4771.
Can DACA recipients be drafted?
The increase in research, publications, and online traffic has shown interest in DACA recipients knowing if they are eligible to be drafted.
The short answer is YES. Immigrants, including DACA recipients, may be drafted to enlist in the armed forces. United States law requires all males between the ages of 18 and 25 to register for the Selective Service System.
For context, Deferred Action for Childhood Arrivals (also known as DACA) is an executive order passed during the Obama administration in 2012. DACA protects undocumented immigrants who came to the United States in as children of deportation and grants them a work permit for renewable periods of two years. .
There are approximately 700,000 active DACA recipients in the United States, of which 47% are male and 53% female. The median age of beneficiaries is 26 years old.
Read also : What happened with DACA in 2021
People in the following groups must register within 30 days of their 18th birthday. Immigrants must also register within thirty days of arriving in the United States:
- Naturalized citizens
- Undocumented immigrants
- Legal permanent residents
- Asylum seekers
- All men with visas (any type) that expired more than 30 days ago
- National doubles
It is important to note that the immigration status of registrants is not maintained or shared with immigration law enforcement agencies.
Registration does not mean that an individual enlists in the military. Selective Service maintains a list of names in case a national emergency requires the rapid expansion of the armed forces.
REMARK: The law currently requires that only men register for Selective Service. Additional exceptions are listed here.
Frequently Asked Questions:
Will my information be shared with immigration law enforcement agencies?
No. The Selective Services system does not collect or share any information that would indicate a man’s immigration status, whether documented or not.
What happens if I can’t register?
If you are required to register and fail to do so, you could face a fine of up to $250,000 and up to five years in jail. Individuals may also not be eligible for state financial aid, state tuition, etc. More information.
What if I’m transgender?
US citizens or immigrants who were born male and changed their gender to female must still register. Persons born female and having changed sex to become male are not required to register.
I am an immigrant over the age of 26 and have failed to register. Will this affect my citizenship application in the future?
Yes, however, there are exceptions, like proving character and proving you didn’t know you were supposed to sign up. More information.
Also Read: Legal Aid for Immigrants in New York State