Key Takeaways
• DC Circuit dismissed the appeal after the Department of Defense rescinded its time-in-service policy on May 9, 2025.
• Military naturalization applications dropped by 72% under the previous 180-day minimum service rule.
• Non-citizen service members can now request expedited citizenship immediately upon beginning military service during conflict.
The DC Circuit Court of Appeals recently closed the case brought by the Department of Defense about the time-in-service policy for military naturalization. The key reason for this dismissal, announced on May 9, 2025, was that the Department of Defense had already cancelled the rule in question. This decision shapes the way non-citizen military service members can access expedited citizenship today, removing barriers that were in place under the previous policy.
Background: The Time-in-Service Policy and Its History
For more than a hundred years, non-citizens serving during times of war could seek United States 🇺🇸 citizenship at the very start of their military service. This long-standing practice gave these service members many benefits: they could use a U.S. passport, vote, help immediate family immigrate, and advance to key military positions that only U.S. citizens can hold. The pathway for this process was built into federal law. The Immigration and Nationality Act (INA) waives several normal requirements—such as years of residency—for military members serving honorably during a time of conflict. This legal provision is what most people know as expedited citizenship for the military.
In October 2017, during President Trump’s administration, the Department of Defense changed how service members could access this path. The new time-in-service policy said that non-citizen members had to finish a certain period—a minimum of 180 days on active duty or one year in the Selected Reserve—before their command could certify their request for citizenship. This was a shift from what existed before, which allowed them to apply as soon as they started service during conflict. The policy also limited which military officials could certify these requests, making the process even harder.
Real-World Effects of the Policy Change
After this rule took effect, the drop was sharp and immediate. According to the available data and as outlined in the case, military naturalization applications dropped by 72%. Many people eligible for expedited citizenship were blocked. Non-citizen service members could not be recognized as U.S. citizens while serving, which hurt morale and limited their future in the military. Specialized and higher military jobs generally need citizenship, so non-citizen troops faced a hard ceiling. These members also could not vote, face easy removal from the country, and had limited help from U.S. consular services when serving overseas—which can be dangerous in hostile environments.
The Samma Lawsuit and Legal Response
This led to a legal challenge. In 2020, the ACLU brought a class action lawsuit called Samma v. U.S. Department of Defense, on behalf of non-citizen service members denied expedited citizenship under the Department of Defense time-in-service policy. The suit claimed that the policy broke both the Immigration and Nationality Act and the Administrative Procedure Act—a law that controls how government agencies must create and change rules.
In August 2020, a federal district judge agreed with the plaintiffs. The court ruled that the policy was not allowed under the Immigration and Nationality Act and that the way it was made did not follow legal rules. The court’s class certification meant all similar non-citizen military members could benefit from this win.
The Trump administration appealed this decision to the DC Circuit Court of Appeals. By the time the case reached the higher court, President Biden’s administration had taken office. The Department of Defense, now under new leadership, took back the time-in-service policy, but kept up its defense of the legal case. According to reports, they considered making a new rule but did not introduce one.
Arguments in Court and the Final Ruling
When the appeal was heard, the American Civil Liberties Union (ACLU) asked the appeals court to dismiss the Department of Defense’s appeal, since the troublesome policy no longer existed. The ACLU said, in simple terms, “You are fighting for a rule that is gone.” If the appeal was not dismissed, the ACLU wanted the court to agree with the district court’s judgment that helped service members.
On May 9, 2025, the DC Circuit Court of Appeals found that there was no longer an active dispute. Since the Department of Defense had already cancelled the policy, the court said the case was “moot.” This legal word means there’s nothing to decide because the rule at issue is not in use anymore. The court would not rule on a policy that no longer impacts anyone.
What This Means for Non-Citizen Military Members
Because of this decision, the original district court’s verdict still stands. The Department of Defense cannot bring back the old rule that made non-citizen troops wait months before applying for naturalization. Members of the certified class—those affected by the lawsuit—now have a clear path to request expedited citizenship as soon as they start serving, which is how Congress wrote the law.
Expedited citizenship is important. It lets service members become full legal participants in American life. They can use a U.S. passport, vote, sponsor family for immigration, and enter military jobs open only to citizens. Not having citizenship can cause big problems. For example, when deployed overseas, non-citizen troops could be left without protection if they lose their immigration status. As reported by VisaVerge.com, such risks add stress during times that are already difficult for troops and their families.
Comparing the Laws: Before and After
Before October 2017, non-citizen members could request expedited citizenship right after starting service during war, as laid out in the Immigration and Nationality Act. The Department of Defense policy forced a waiting period and limited which officers could help with these requests. This was a major change because it kept many from gaining U.S. citizenship quickly—something that the law was clearly designed to allow for people defending the country.
When courts said the policy was unlawful, and the Department of Defense ended it, things went back to how they worked for decades. Now, service members can look for expedited citizenship upon joining, without waiting months before applying.
Reaction from Legal and Military Communities
Legal experts and military support organizations welcomed the decision. Many said the earlier policy was unfair because it treated military members less favorably and blocked them from clear legal rights. The ACLU’s position was simple: the law says non-citizen troops should get the chance at citizenship promptly if they serve honorably during conflict, with no extra delays added by the Pentagon.
Legal analysis also pointed out that the Administrative Procedure Act requires agencies like the Department of Defense to follow specific steps before making big changes. The time-in-service rule was set up without enough public comment or legal backing, which was another reason for the courts to take it down.
No New Policy, Ongoing Impact
Even though the Biden administration took back the Trump-era rule, they did not bring in a replacement policy. This means the naturalization process for non-citizen troops follows the original instructions in the Immigration and Nationality Act. The Department of Defense is now barred from using minimum service requirements to hold back anyone in the certified class from applying for expedited citizenship. The ruling gives lasting clarity by saying that agency rules cannot erase clear rights laid out in federal law.
Current Guidance for Military Applicants
For non-citizen military members and their commanders, the best resource for up-to-date instructions is the U.S. Citizenship and Immigration Services (USCIS) Naturalization Through Military Service policy manual. This provides a step-by-step explanation of what forms to file, how the process works, and who qualifies.
Applicants should gather records showing honorable service, work through military legal help, and get certifications from their chains of command. Removing the wait times means that service members can begin the U.S. citizenship process without delay. This change brings things back in line with how Congress meant the rule to work while keeping a clear and fair path for those who protect the country in uniform.
Legal Process and Timeline
- October 2017: Department of Defense puts new time-in-service rule into effect
- 2020: ACLU files lawsuit on behalf of non-citizen service members
- August 2020: Federal district court rules against the Department of Defense, finds the policy unlawful
- 2020–2025: Government files appeal, keeps case alive even after rescinding rule
- May 9, 2025: DC Circuit Court of Appeals dismisses appeal as moot, ends legal dispute
This timeline shows the back-and-forth that left military service members in limbo for years. The eventual victory secures their rights and aligns military naturalization procedures with the law.
Possible Questions and Future Issues
Some common questions include:
– Can the Department of Defense bring back the time-in-service requirement? No, as of now, the courts have said this is not allowed and the rule has been withdrawn.
– What happens if a similar rule is proposed again? Any new proposals would have to meet the standards set by the Administrative Procedure Act and not conflict with the Immigration and Nationality Act.
– Does this decision help other immigrants outside the military? This ruling focuses on service members, but it sets a reminder for other government policies: agencies cannot overrule Congress by adding extra hurdles not found in the law.
There are currently no active court cases against the Department of Defense about this issue, and Congress has not changed the main law that allows expedited citizenship for service members.
Advice for Those Affected and Next Steps
For non-citizen service members, commanders, and military support staff, the best step is to review the current law and use the policy guidance from USCIS. Check case updates at trusted sites like VisaVerge.com, which covers immigration law changes and their effects.
Employers in the defense sector should ensure that their personnel teams understand that non-citizen service members can now apply for expedited citizenship as soon as they start service, with no extra wait. This ensures fair access to military careers and rewards the commitment of those serving the country.
Remember, legal processes can change quickly. Anyone facing questions about their status should talk to a licensed immigration lawyer familiar with military naturalization. Only professionals can give case-specific advice.
Official Reference and Compliance
Non-citizen military members and legal advisors can consult the USCIS policy manual on military naturalization for current official steps and policy language. The Department of Defense must now comply with this guidance and allow eligible applicants to move forward without extra waiting periods.
Summary
The DC Circuit Court of Appeals’ dismissal of the Department of Defense’s appeal cements the right of non-citizen service members to seek expedited citizenship without arbitrary delays. The time-in-service policy is withdrawn, and the agency cannot put up barriers not found in the Immigration and Nationality Act. The decision provides relief and certainty to thousands who serve or plan to serve, showing that the rule of law protects those who defend the United States 🇺🇸.
This summary is intended to provide general guidance only. For advice about your specific case, consult a legal professional experienced in immigration matters.
Learn Today
Expedited Citizenship → A legal process allowing military members to become U.S. citizens more quickly due to honorable service during conflict.
Time-in-Service Policy → A now-cancelled Department of Defense rule requiring non-citizen troops to serve a minimum period before citizenship certification.
Certified Class → A group of individuals represented together in a legal case, here non-citizen military members affected by the old policy.
Moot → A legal term meaning the issue is no longer active or relevant, so the court can’t rule on it.
Administrative Procedure Act → A U.S. law requiring federal agencies to follow formal procedures when making, changing, or repealing regulations.
This Article in a Nutshell
The DC Circuit’s May 2025 dismissal protects non-citizen troops, restoring immediate access to expedited citizenship. The Department of Defense’s canceled time-in-service policy can’t return, allowing service members to apply upon enlistment. This upholds Congress’s intent and ends years of uncertainty for those seeking vital career, family, and protection benefits.
— By VisaVerge.com
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• Trump Targets Birthright Citizenship With Bold Order
• CAIR Slams Trump Team’s Attack on Birthright Citizenship
• Supreme Court Weighs End to Birthright Citizenship
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