Cadet Programs? that include undocumented?

Started by Dad2-4, August 15, 2021, 01:32:57 AM

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Dad2-4

Are there any cadet programs that allow immigrants who cannot prove a legal entry status? I'd love to get something started at my school to allow anyone to join, but we have a large number of the above category of students.

PHall

According to CAPR 39-2, no. They must be either a citizen or "admitted for permanent residence".
There seems to be no provision undocumented immigrants to be members.

1.6 CAP Identification (CAPID) Numbers.  National Headquarters assigns each member a six-digit CAP identification number. This number is used within CAP as necessary to conduct CAP business. The social security number is also required for each individual member, with the exception of aerospace education members, who are only required the last four numbers. These numbers are used primarily for screening purposes and are not released outside CAP unless required for official purposes only. Any other use of the social security number must be with the member's consent.

Para 2.2.5 Citizenship.  Be a citizen of the United States of America or an alien lawfully admitted for permanent residence to the United States of America and its territories and possessions or any lawfully admitted non-citizen residing in the United States specifically approved by the National Commander or his/her designee.

2.2.5.1. Those persons in "admitted for permanent residence" status must possess and present a current Alien Registration Receipt Card (Form I-151 or I-551) when making application for CAP membership. If an alien's status changes from "admitted for permanent residence" other than by reason of aquiring citizenship, the alien is no longer eligible for membership.

2.2.5.2.  Requests for waiver of citizenship criteria for lawfully admitted non-citizens residing in the United States who are not admitted for permanent residence will be submitted through the wing and region commander along with a copy of the membership application to Membership Services (CAP/DP). The online application may not be used by those requesting a citizenship waiver. The waiver, if approved, will be only for the period of residence within the United States.

baronet68

This discussion actually came up during one of the sessions at this week's national conference.  While the regulation is 95% black and white, there is that 5% gray area surrounding the waiver process.

If you're looking to start something at your school, I would recommend reaching out to NHQ at membershipservices@capnhq.gov to discuss the opportunities and options that might exist. 

That 5% gray area contains topics such as asylum status, U visas, etc. that might provide a path to 'yes' instead of the default path to 'no'... but it will require discussions with people that are, as they say, "above our paygrade".
Michael Moore, Lt Col, CAP
National Recruiting & Retention Manager

PHall

Quote from: baronet68 on August 15, 2021, 03:32:52 AMThis discussion actually came up during one of the sessions at this week's national conference.  While the regulation is 95% black and white, there is that 5% gray area surrounding the waiver process.

If you're looking to start something at your school, I would recommend reaching out to NHQ at membershipservices@capnhq.gov to discuss the opportunities and options that might exist. 

That 5% gray area contains topics such as asylum status, U visas, etc. that might provide a path to 'yes' instead of the default path to 'no'... but it will require discussions with people that are, as they say, "above our paygrade".


Your 5% gray area refers to legal "documented" immigration. The way I read it an "undocumented" immigrant is not eligible for a waiver.

MSG Mac

I was a member of a school squadron in Maryland that had quite a few students whose parents worked for foreign governments or international organizations. These cadets had to have a waiver through channels to NHQ.
Michael P. McEleney
Lt Col CAP
MSG USA (Retired)
50 Year Member

baronet68

Quote from: PHall on August 15, 2021, 04:21:57 AMYour 5% gray area refers to legal "documented" immigration. The way I read it an "undocumented" immigrant is not eligible for a waiver.

My 5% might also include people under temporary protected status, or deferred action, or asylum seekers who entered the country illegally but are able to remain, or those not acted against under 'prosecutorial discretion', or any number of other situations that might exist.  Undocumented children in the US are allowed entry to schools regardless of immigration status so they're not totally undocumented since they're registered in the educational system. 

My point is that, if someone wants to spearhead a school-based program where there are a large number of undocumented students, it's better for them to contact NHQ and have a discussion about what can and cannot be done with people who have the knowledge on the topic.  This issue has more layers of potential complication than what can be (or should be) answered on an internet forum.

To recap:
Short answer... 'No'.
Long answer... Depending on a variety of independent situations, there might be a 'yes' in there, somewhere.
Michael Moore, Lt Col, CAP
National Recruiting & Retention Manager

SarDragon

That being the most detailed and cogent response, we're done here. If you have a compelling reason to reopen this, PM another moderator and pitch it.
Dave Bowles
Maj, CAP
AT1, USN Retired
50 Year Member
Mitchell Award (unnumbered)
C/WO, CAP, Ret