Which military ranks in the U.S.A. can be held by non-citizens?
Might it be everyone except commissioned officers?
Law Stack Exchange is a question and answer site for legal professionals, students, and others with experience or interest in law. It only takes a minute to sign up.
Sign up to join this communityMight it be everyone except commissioned officers?
Not necessarily
Non-commissioned ranks require either a Green Card as per Title 10 U.S. Code § 504:
(1)A person may be enlisted in any armed force only if the person is one of the following:
...
- (B)An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
Or
(2) ... the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such person possesses a critical skill or expertise—
- (A)that is vital to the national interest; and
- (B)that the person will use in the primary daily duties of that person as a member of the armed forces.
And Title 10 U.S. Code § 532 states that non-citizens cannot hold a commission:
- (a) ... a commissioned officer (other than as a commissioned warrant officer) in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force may be given only to a person who—
(1)is a citizen of the United States...
UNLESS they have a Green Card and a waiver:
- (f)The Secretary of Defense may waive the requirement of paragraph (1) of subsection (a) with respect to a person who has been lawfully admitted to the United States for permanent residence, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title, when the Secretary determines that the national security so requires, but only for an original appointment in a grade below the grade of major or lieutenant commander.