No Blanket Ban, but Tight Restrictions on Noncitizen Military Naturalization Persist (2024–25)

(WASHINGTON, D.C.) The Trump administration has not issued a blanket ban on citizenship for non-U.S. citizen military service members, but tough rules and ongoing court fights continue to shape who can become a U.S. citizen through military service. As of August 31, 2025, the Pentagon still controls how and when a commander certifies “honorable service,” a required step for expedited naturalization under INA §328 and INA §329. Without that certification, a service member cannot use the fast-track process that Congress created during wartime to reward those who put on the uniform.

At the heart of the dispute is a 2017 Trump-era policy that forced noncitizen troops to serve at least 180 days and pass extra background checks before commanders could sign the certification. A federal judge ruled parts of that policy unlawful in 2020. Yet the matter did not end there. The Biden administration paused, then resumed the appeal, and in August 2024 told the court that the Pentagon should keep broad discretion over when a member’s service counts as “honorable” for this purpose, according to reporting by Military.com and filings in Samma v. Department of Defense. That stance has kept the older Trump administration approach alive in practice and continues to delay many cases.

While some branches have eased practices—most notably the Navy, which has resumed holding naturalization ceremonies at boot camp graduation—the policy picture is not uniform across the services. The Department of Defense has also said it may again set a formal minimum time-in-service for certification, which could slow cases further. For thousands of noncitizen troops and their families, the result is a wait with real stakes: the right to vote, to sponsor close family, to hold certain clearances, to reenter the United States 🇺🇸 without worry, and to claim the peace of mind that comes with citizenship.

Policy Changes and Legal Fight

Before 2017, commanders commonly signed the required certification within days of a recruit’s arrival at basic training. That allowed quick filing for naturalization under INA §328 (peacetime service) or INA §329 (service during a designated period of hostilities). The 2017 shift under the Trump administration upended that routine by adding a 180‑day service rule and extra vetting.

According to Military.com’s 2024 coverage, those rules led to a sharp drop in military naturalizations and left many noncitizen troops stuck in a queue. In April 2020, a federal district court judge said the Pentagon’s approach was unlawful. But the government appealed.

Despite early signals of reform, the Biden administration’s court papers in 2024 defended the department’s authority to decide how long someone must serve before a commander signs off, arguing the military needs room to set standards and assess character of service. The ACLU, which has backed the plaintiffs, called the continued defense of the Trump-era policy “cruel and unlawful,” and asked the appeals court to end the delays.

As of mid‑2025, military branches hold different positions:

• Navy: Resumed naturalization ceremonies at graduation and eased some practices.
• Other services: Have not fully returned to pre‑2017 practices.
• Pentagon: Has not ruled out reimposing a formal minimum time‑in‑service rule, which could again standardize delays.

The D.C. Circuit Court of Appeals is expected to rule in the coming months in Samma, a decision that could force new adjustments.

For now, the law on the books still allows service members to seek citizenship through military service, and the fee is waived for eligible military naturalization cases. Troops must file for naturalization, show honorable service, and clear background and other checks. The bottleneck remains the commander’s certification of honorable service on Form N-426. Without a signed Form N-426, expedited naturalization cannot move forward.

• Official form and instructions: Form N‑426, Request for Certification of Military or Naval Service
• General policy and process information: USCIS Military Naturalization page

Advocates say the policy fights affect real lives in concrete ways. Examples include:

• A Marine reservist with a pending N-426 may not be able to sponsor a spouse abroad.
• An Army recruit who shipped to basic training hoping to become a citizen before deployment could wait months—or a year—for the needed signature, then face further delays for interview and oath.
• If a service member deploys before naturalizing, travel and reentry could become stressful, especially for those with temporary status.

“We see people placed in personal and professional limbo,” civil rights groups argue, pointing to cases where a delay blocks promotion or roles that require a clearance.

Impact on Service Members and the Military

Since 2002, more than 170,000 troops have taken the oath of citizenship, according to Military.com. After the 2017 rule change, that number fell as longer waits led some recruits to leave the service or change plans. Commanders and recruiters warn that uncertainty can undercut the appeal of service for lawful permanent residents and other recruits who bring critical language skills, medical training, and technical backgrounds.

With the armed forces working to recover from recent recruiting shortfalls, the current approach could make recruitment and retention harder.

The Department of Defense argues that care is necessary. In court, the government says the military needs a consistent way to judge when service deserves the label “honorable” for immigration purposes and that time‑in‑service can be one clear measure. Officials also stress that background checks remain important for force protection and national security.

Advocates counter that Congress already made the policy choice: it passed laws to speed naturalization for those who serve during hostilities, and the post‑2017 rules conflict with that purpose. Legal scholars note the Trump-era approach marks a sharp break from decades of practice, when N-426 certification often happened early—sometimes at basic training. Courts have long upheld Congress’s power to set terms for immigration benefits tied to service.

For individual families, the wait carries emotional and financial costs:

• A soldier who cannot naturalize may be barred from certain duties, reducing pay and delaying career growth.
• A spouse overseas may face prolonged separation, increasing child care and housing stress.
• Parents may worry about travel-document lapses or consular delays during long deployments.

These personal stories, advocates say, should weigh as heavily as abstract rules.

According to analysis by VisaVerge.com, the present standstill reflects both legal strategy and agency caution. The Pentagon wants flexibility to adapt rules if problems arise, while civil rights groups push to lock in a faster route that cannot be undone by internal memos. Without a clear final court ruling, both sides are holding their ground, leaving recruits and commanders to proceed case by case.

Practical Steps for Troops Seeking Naturalization

Military lawyers and advocates suggest the following course of action:

1. Confirm eligibility under INA §328 or INA §329.
2. Work with your unit legal office to request Form N-426 certification as early as your branch permits.
3. Gather supporting documents:
   • Proof of service
   • Lawful permanent resident documentation (if required)
   • Deployment orders and other service records
4. Monitor the Samma case and branch guidance for updates.
5. Remember: USCIS does not charge a fee for eligible military naturalization cases; check the official USCIS page for service-specific pointers and contacts.

Important: Without a signed Form N-426, expedited naturalization cannot proceed. Keep copies of all records and communications.

Possible Outcomes and What to Expect Next

Policy watchers outline a few likely scenarios:

• If the D.C. Circuit rules against the government, the Pentagon may need to return to pre‑2017 practices across all services.
• If the court upholds broad discretion, the department could reissue a formal minimum time‑in‑service rule, likely triggering further litigation.
• Advocates are urging Congress and the White House to pass protections so a future administration cannot restore hurdles by internal policy changes alone. They argue that statutory clarity would aid recruitment, morale, and family stability.

It is worth stressing the core fact: there is no blanket ban on citizenship for noncitizen troops. But delays, branch differences, and the pending court decision mean the path remains uneven. Families should prepare for waits and keep copies of all records. Service members should ask their legal office about ceremony options; in some commands—especially in the Navy—it may still be possible to take the oath near graduation or soon after.

The stakes are real. Naturalization opens doors to voting, federal employment options, and secure travel. It can also provide safety in case a service member is injured or separated unexpectedly. For many, it is a promise kept between the country and the person who swore to defend it.

As the legal fight enters another year, the question is whether policy will again match the long-standing practice of honoring service with timely citizenship—or whether the post‑2017 approach will harden into a lasting rule.

For now, the advice from military lawyers is steady: apply if you are eligible, request certification, and keep following branch updates. Those steps may not cure delays, but they keep the file moving and position a service member to act as soon as policy shifts. The coming appeals court ruling in Samma v. Department of Defense could set the next chapter. Until then, non-U.S. citizen military personnel will continue to face a complex mix of hope, caution, and patience as they seek naturalization through service.