Illegal immigrant soldier, back from Iraq, faces possible deportation

registerguard.com ^ | 12 Sep 03 | AP

[bicycle thug]

SEATTLE (AP) - Army Pvt. Juan Escalante came home to Seattle after a four-month tour of duty in Iraq to face a challenge most of his fellow soldiers would never expect: deportation.

In addition to being a soldier who proudly wears the blue-and-white combat patch on his Army uniform, 19-year-old Escalante is also an illegal immigrant from Mexico. If military authorities decide to discharge him, he could be deported.

Escalante was 4 when his parents entered the United States illegally. His mother works as a cook and his father works days in the shipping-receiving department of a manufacturing company and nights cleaning office buildings. They have two younger children, ages 10 and 12.

Escalante said he wanted to leave home at age 18 to lighten the financial burden on his parents. He bought a fake U.S. residency card and joined the Army after graduating from Chief Sealth High School last year.

``I wasn't trying to get into trouble,'' he told The Seattle Times. ``All I was thinking about was getting in.''

One week later, Escalante headed for Fort Knox, Ky., for training. When he arrived at Fort Stewart, Ga., in April, his supervisors told him most of his unit had already been deployed to Iraq and gave Escalante the choice of joining them.

``I didn't want to feel dumb,'' Escalante said. ``I wanted to meet everyone in my unit, so I said, 'I'll just go. Who cares?'''

Then 18, Escalante said he was the youngest person in his unit. In Iraq, he fixed vehicles, stood guard and drove vehicles. He remembers hearing about an officer whose leg was amputated after his vehicle was bombed, fixing a Humvee in which a soldier had just been killed, and seeing many Iraqis smile and wave at him and the other Americans.

``I felt like I was in a scene in the move,'' Escalante said.

An inspector general asked Escalante about his enlistment while he was in Iraq, he said. Escalante said he told the official about the fake green card he used to enlist, and nothing came of it.

Meanwhile, his parents were trying to become legal permanent residents. The law allows illegal immigrants to become permanent residents if they've lived in the country for more than 10 years, have good moral character and can prove a U.S.-born dependent would suffer extreme hardship if they were deported.

On April 29, the Escalantes appeared before Seattle immigration Judge Anna Ho. They have no criminal record and have permission to work here, they told the judge. They own a three-bedroom house. Their two U.S.-born children are still in school. And, they noted, their eldest was serving in the U.S. Army in Iraq.

Ho denied the Escalantes' petition, saying the court was sympathetic to the family but the parents failed to show that being sent back to Mexico would cause exceptional hardship to their younger children. The judge's written decision also indicates she was skeptical that Juan Escalante was in the Army, because his parents didn't provide evidence.

The couple appealed to the Board of Immigration Appeals. It could take months to resolve their case.

Army officials said they are investigating Escalante and would not comment.

There are 37,401 noncitizens in the active-duty military. About 3,000 have served in the war in Iraq. It's not known how many are illegal immigrants.

President Bush signed an executive order on July 3, 2002, speeding up the citizenship process for active-duty military. Two of the first to die in Iraq, Marine Lance Cpl. Jose Gutierrez, a native of Guatemala, and Cpl. Jose Angel Garibay, from Mexico, were granted posthumous citizenship.

But it's unclear what would happen to an illegal immigrant who faked papers to get into the military, as Escalante did.

Army spokesman Joe Burlas said any illegal immigrants who get caught after fraudulently enlisting in the Army are discharged. Once discharged, they may be deported.

Some immigration experts believe the law allows noncitizens, including illegal immigrants, to become eligible for naturalization after serving honorably during combat.

Margaret Stock, law professor at the U.S. Military Academy at West Point, said Escalante ``has been proving his loyalty to America.'' She said his family should be eligible for lawful permanent residency too: ``Frankly, there ought to be a rule that if you have a family member in the military, they shouldn't be able to deport families of a soldier.''

[Ajnin]

He needs to be deported ASAP.

[Ajnin]

When soldiers get DUI's in the states after serving in combat do we forgive them? No we don't. USC vets are treated just like anybody else when they break the law. Illegal aliens should be treated the same and not given special treatment.

[BeerSwillr]

Yep, that is exactly what's going on here.

[Poohbah]

There is the issue of fraudulent enlistment. But even that can be overlooked by honorable service. I had a Gunnery Sergeant who fraudulently enlisted to go to Vietnam (underage--16). They didn't catch it until he was almost ready to retire. The JAG decided to not file charges, as he'd done much in his 20 years--not just combat, but risking his life on search and rescue missions, and he did a fine job of training Marines during two DI tours at Parris Island.

[No Truce With Kings]

This is a no-brainer. Anyone who volunteers for the Army, then volunteers for combat, serves in combat, and keeps his nose clean while in the Army deserves to remain in the Armed Forces of the United States, and become a citizen. I really don't care how he got there. This is the type of service that earns you an exception to the rules.

As for those "rules are rules" types that cannot see why this kid merits an exception? Consider a job in public education. People with no brains get to be administrators all the time. It's the perfect place for people who don't care to think.
except, of course to those with no brains.

[FITZ]

Yes --- out of all the millions they could be deporting, they'll take the one who would defend this country. Why not look for some of the welfare mothers or criminal types instead?

[FITZ]

If anything amnesty should be earned ---- we gave amnesty to plenty who have never done a single thing for the USA ---- this case is a little different. There should be a reform of the immigration laws anyhow --- let a worthy type stay and instead block some of those coming for the SSI and other handouts.

[hchutch]

One issue with the deportation frenzy:

His age at the time of entry: I do not think there is ANY jurisdiction in this country, or even the world, that could consider a four-year old to know he is breaking the law. I do not think a four-year-old is capable of forming criminal intent.

The parents ought to be deported and told to do it the right way, but deporting someone who served honorably in Iraq takes this too far. Some folks deserve to be cut a little slack, and this soldier is one of them.

[Poohbah]

Agreed.

The question is...

How to solve the illegal immigration issue in the long-term?

I'm starting to lean toward "regime change" in Mexico, and forcibly drag that country out of feudalism and into the 21st century.

[Michael121]

Audie Murphy THE MOST Decorated Soldier in WWII comes to mind. Lied about his age. And he won the MOH.

[Michael121]

Keep the kid. Deport the Democrats. At least this kid knows what Pride means. He knows what duty means. He knows what America means. He is what America is all about. Come from somewhere else but love it here. Many Immigrants fought in two World Wars for America, they were granted citizenship. This kid needs oour support.

[agrace]

They own a three-bedroom house.

Outrageous. Probably got a HUD loan too.

[bicycle thug]

Good post. This is a sin of omission and truth shading that is forgivable. In the basic NCO course all young buck sergeants go through, we covered the aspect of leadership whereby one decides if a trooper is a cull or worth their salt enough to retain. He cares to serve, is competitive, and basically honest or he never would have come clean.

I say keep him.

[freedumb2003]

Yes --- out of all the millions they could be deporting, they'll take the one who would defend this country. Why not look for some of the welfare mothers or criminal types instead?

Maybe he should desert and knock up some other illegal, move the whole family to Mexifornia.

THEN he will be welcomed into the USA with open arms -- free money, free health care, free schools, free university, instant valid identity, voting rights

What a putz this guy was. Trying to prove his worth by service to his adopted country. Integrity and valor are for suckers. (/sarcasm)

[freedumb2003]

Yes --- out of all the millions they could be deporting, they'll take the one who would defend this country. Why not look for some of the welfare mothers or criminal types instead?

Maybe he should desert and knock up some other illegal, move the whole family to Mexifornia.

THEN he will be welcomed into the USA with open arms -- free money, free health care, free schools, free university, instant valid identity, voting rights

What a putz this guy was. Trying to prove his worth by service to his adopted country. Integrity and valor are for suckers. (/sarcasm)

[freedumb2003]

The dreaded double post

The dreaded double post

[Ragtime Cowgirl]

I think HiJinx nailed it at #16. He'll be staying.

I'd take a thousand more like him as a trade for the current Democrats in DC.

[Ruy Dias de Bivar]

If I remember correctly when a foreign national served in the US Military they were then automaticly considered to be a citizen. Has something changed?

[PatrioticAmerican]

So that is it, huh? Lie, cheat, or steal, just serve and citizenship is gauranteed?

[rangerwife]

Yep, I've seen it all and heard it all in regards to recruiting. Hubby is on recruiting duty. Only 68 days left!!!!! Yay!!! Lots and lots of crazy stuff goes on. I will also say though just from what I hear from my husband is that they put so much BS on the recruiters that it is very time consuming just to put one person in. Also, it depends on others...he had a guy's packet sitting up at their Battalion for the past 2 mos because the ops sgts didn't want to work on the waiver. Plus, the MEPS tends to throw a lot of roadblocks up too. This job has been very stressful for him. He's been pretty successful, but it has been a trying (almost) 3 years and we're both ready to get outta here!