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.''

[cyborg]

Escalante was 4 when his parents entered the United States illegally.

*** Did anyone in this thread miss this? He was four. He didn't exactly come over here recently, as if a four year old has a choice in anything.

[cyborg]

Why do you assume that?

[cyborg]

I agree... amazing how the criminals walk free but a man serving the military who was four when he came here!

[W. W. SMITH]

Be carful, do too good a job and do more than three years. Three times I had orders back to the fleet that would have made me E8 and 9 and three times the command cancelled the oders and extended me a year while telling me how bad I was as a recruiter. But then I did refuse to play their game. The navy belonged to me and still does, my son is in navy ROTC at the Citadel. I never lied or faked paper work and what realy set them off was my refusal to process some individuals into "my" navy. I would have stayed for 30 years but begrudged them the three days past 20 when I retired.

[garybob]

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.

It has been my experience that IG's do not go around asking privates about their enlistments without a compelling reason. The company chain of command probably smelled a rat and called the IG.

It is possible this guy is a sub-standard soldier. After all, this article only tells Escalante's side of the story. Wonder what his First Sergeant would say?

[No Truce With Kings]

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

He was brought to this country as a four-year-old. No choice about that, hoss. When he turns 18 he joins the Army. He lies to do it, but so did Audie Murphy (as another poster pointed out). Then he *volunteers* to go to Iraq and join his unit -- which is being shot at. Then he does his job well for the length of his deployment -- which includes standing guard duty in Indian country. That ain't "just serving." He did not steal anything, either.

And *you* want to kick him out of this country?

He has earned the privilege of staying. At least until his hitch is up. And if he has no black marks by then, why yes, I would feel it appropriate to grant him citizenship. That is how my grandpappy got his -- five months in combat with the 36th Infantry during WWI.

[TADSLOS]

He's already done more for this country as an illegal than the vast majority of full fledged American Citizens his age. He earned his citizenship and should it should be granted to him.

[FITZ]

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

With at least 25% of their fighting age men in the USA, now would be a good time to do it. They're saying half of the entire state of Zacatecas is living in the US --- something is seriously wrong when that many people leave their homeland. No end in sight.

[JamminJAY]

Didn't the first President Bush fudge his age by a year to get into the Navy?

So did I but I got caught in boot camp, when I was "legal" I went back.

Jammer

[FITZ]

Plus the type that joins the military is a type that is willing to assimilate and speak our language plus work for their living. Certainly this guy shouldn't be one of the only ones deported. One good thing about taking their potential army guys, is it would make the Mexicans real easy to beat should it come to that.

[Paulie]

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

Sure, no problem. I guess since you weren't TRYING to get caught we're supposed to let it slide.

Also, I notice he wasn't thinking about serving the United States, just about 'getting in'. Some might argue that I'm splitting hairs on that one but I think it's an important and telling distinction.

[Poohbah]

With at least 25% of their fighting age men in the USA, now would be a good time to do it.

Hmm. An out-of-the-box idea struck me: VERY conditional amnesty in return for service in an American foreign legion to liberate Mexico. Once their service was completed, they wouldn't be granted automatic residency in the US, but they wouldn't be permanently enjoined from reentry for short-term visits (day trips for shopping, tourist visas, et cetera). They'd be eligible to apply for legal entry into the US under the standard quota. Exceptional heroism would earn some sort of head-of-the-line priveleges in that department.

They're saying half of the entire state of Zacatecas is living in the US --- something is seriously wrong when that many people leave their homeland. No end in sight.

In the 19th through mid-20th centuries, we could tolerate a feudalist Third World nation on our southern border, because the US southwest was an arid wasteland with no means of rapid travel elsewhere. Now, we can't.

[Texas_Dawg]

Some folks deserve to be cut a little slack, and this soldier is one of them.

You damn Communiss.

[PRND21]

Keep the kid. Deport the Democrats.

Bump

[rangerwife]

Oh gosh, I hope not. His 1SG counseled him on converting this past week and he said no way. I really think in the current situation in the world, that wouldn't happen, at least I'm praying it won't. He's going to the 82nd Airborne Div. after this tour. He'll be eligible for E8 next year, but he knows he needs to get back to the line to make himself look better for promotion since he's been out of it for 3 years. Plus, recruiting command has already had to let recruiters go back to the regular army, they were told to downsize the recruiting force. It is just that his BN was letting the dead weight go. He begged to get out of here early, but like I said earlier, he's been pretty successful and they let the recruiters who weren't so hot go back. The Army is also starting to field civilian recruiters. They have a couple of them in his BN already.

Hubby also refuses to play their games. But, it has been very very frustrating for him. I've never seen him so down and out sometimes. So it has been a trying tour for us. I've had to learn some serious patience...LOL! He's never lied or faked paperwork either, but others have. Others (full time recruiters) have also done some downright illegal stuff, and they get promoted within recruiting command. Hubby is pretty good at knowing which recruits will be good for the Army and which ones he wouldn't touch with a 10ft pole. I think a big source of hubby's frustration is the simple fact that he won't play their games and so, he's gotten a label for being a rebel or different from them. He's seen as the difficult one. Well, hubby's got 7 years till retirement. I think once he gets back with the troops, his outlook will brighten. He was due to ETS in January and he was seriously considering getting out after this tour, but he didn't. He reenlisted on indefinite status, so he'll be in till his 20 at least. I told him it was crazy to let this job get to him that bad and make him want to get out the Army that he loves. I kept telling him that there's a light at the end of the tunnel!!

[dark_lord]

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

At the age of 4, persons are not held responsible for their actions.

[agrace]

It was said in sarcasm. Not the outrageous part, because I think it IS outrageous that an illegal alien can legally purchase a house. The sarcasm was regarding HUD, because why not get a govt secured loan to boot.

[cyborg]

You bring up an interesting point. When my mom applied for a mortgage loan, why they wanted to see her SS card and her citizenship papers,etc. How exactly DOES an illegal alien get a mortgage? UNLESS... they paid for it outright in cash. My dad had my mother do the loan to establish credit, but he paid the house off in cash. I am not familiar with HUD but if it's anything like student financial AID, I want nothing to do with it!