Can a student studying abroad or living outside of the U.S. still be drafted?

Yes. U.S. citizenship is the operative factor. Physical location has not been a barrier to being drafted in the past or under current rules. Male U.S. citizens living or studying abroad between ages 18–25 are required to register, and can do so online, via U.S. embassy/consulate, or by mailing a form from overseas using a foreign address. Being in another country does not provide an exemption from registration or an exclusion from draft eligibility. The only carve-out relevant to students is for foreign nationals studying in the U.S. on valid student visas (F-1) — they are exempt from registration as non-immigrants

Who would be exempt if a draft were called?

If Congress authorized inductions, the following categories would likely be eligible to claim exemption or deferment (subject to a local draft board's determination):

• Sole surviving sons of a family (to prevent wiping out an entire family line in combat)

• Certain elected and appointed officials

• Veterans who have already served (generally exempt from a peacetime draft)

• Hardship cases (men whose induction would cause extreme hardship to dependents)

• Ministers and ministerial students in accredited religious programs

• Those physically or mentally unfit for service and classified as such after a military entrance medical exam

• Conscientious objectors (see below)

• Dual nationals and certain immigrants, depending on residency and bilateral treaties

Conscientious Objectors: How does that work before a draft?

Within the SSS, you can’t pre-classify yourself as a conscientious objector (CO). There is no box to check when you register. CO status is a claim made to a local draft board after induction has been ordered.

A Class 1-O CO opposes all military service on grounds of religious training or sincere moral belief. Those draftees could be assigned to alternative civilian service. A Class 1-A-O CO objects only to combatant service but is willing to serve in a non-combat military role (as a medic, for example).

Once a draft is activated, the SSS estimates the first inductees could have as few as 7–10 days between receiving their induction notice and having to report. Registrants file a CO claim after being found physically qualified for service.

How does a person demonstrate a high enough level of conscientious objection to be exempt?

The standard bearing case is Welsh v. United States, 398 U.S. 333 (1970). In Welsh, the Supreme Court defined qualifying creed as religious belief or beliefs “that are purely ethical or moral in source and content but that nevertheless impose upon [the registrant] a duty of conscience to refrain from participating in any war at any time.” The belief should be “held with the strength of more traditional religious convictions.”

What the claim requires: the burden is on the registrant to demonstrate sincerity. Decision makers may look for:

• A written personal statement explaining the nature and origin of your beliefs

• Whether the beliefs are religious or "a deeply held moral or ethical belief that functions like a religion."

• Statements from character witnesses who can speak to the sincerity and consistency of your beliefs

• Evidence that you’ve been living in a manner consistent with pacifist values.

Is there anything draft-aged young people can do now if they believe they may qualify as conscientious objectors?

The smart move for anyone who holds these beliefs is to begin documenting them now. Especially if the objection isn’t something covered by religious committments, creating a record of belief through journaling, letters to religious/ethical advisors, and participation in peace organizations could be helpful. If there's a paper trail that predates any draft notice, it could help to show that resistance to induction isn’t a sudden (convenient) ethical epiphany.

When Welsh was drafted and filled out his conscientious objector form, he crossed out the words “religious training” stating that his opposition to war rested on his beliefs and conscience rather than a traditional religion. He elaborated that he had “deep conscientious scruples” against participating in wars where people were killed. He described his beliefs as a sense that taking life is morally wrong.

Ideas for establishing deeply held opposition to military service:

• Blogging, writing and journaling about deeply held pacifist beliefs.

• Corroboration in life choices such as avoiding violent professions, refusal to bear arms and community or volunteer work that reflects the same ethic. of respect for life.

• Developing relationships with community contacts who could later provide affidavits attesting to the longstanding, deeply held pacifist commitments.

Courts and draft boards may be more likely to accept a conscientious objection to military service if the applciant can document and support the history, sincerity and depth of their convictions.