On Behalf of an Ungrateful Nation: Military Naturalization, Aggravated Felonies and the Good Moral Character Requirement (Comment)

The purpose of this essay is to explore the harsh consequences of the good moral character requirement and the expansion of the term "aggravated felony" as it impacts veterans. Part I examines the history of the good moral character requirement in the immigration context, the history of military naturalization, and the nexus between the two. Next, Part II considers why these people are willing to fight for our country and two circumstances under which past conduct can exclude them from citizenship. In Part III the "aggravated felony" term of art and its detriments on due process rights are discussed at length in the naturalization context. Part IV covers the Good Moral Character requirement and how it could benefit from incorporating a balancing test based on the former INA Section 212(c) balancing test. Finally, Parts V and VI examine the positive factors from the Board of Immigration Appeals Decision Matter of Marin and the need for a new framework to consider the positive acts of applicants