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.''

[Libertarianize the GOP]

ping

[VU4G10]

My heart bleeds.

[HiJinx]

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

What happened to people who faked their age to get into the service in the 40s? In most cases, they were discharged. Not sure how the parallel runs, but Escalante runs the real risk of being deported...it really is up to his superiors in the Army. I don't believe an immigration judge can make a deportation order stick for an active duty soldier.

[PatrioticAmerican]

So, how did a person get to be a soldier if they didn't have a valid identity? Just who the Hell is the Army turning away?

[freeangel]

Surely, Bush could issue some type of an exception for this soldier and his family although it sounds as if they should have taken advantage of one of the previous amnesty programs.

[bicycle thug]

This sort of thing has gone on forever. In the Civil War, kids would put a piece of paper with '18' written on it so they could say they were over eighteen.

We had a guy who was forgiven without sanction for using his brother's ID to enlist at too young an age. Surely they could help this guy out. His heart is definately in the right place.

[PRND21]

My heart bleeds.

Duh.

[HiJinx]

They're not turning very many people away at all...

I have a coupla stories I could tell about family friends who shouldn't be in.

There are lots of reasons for this but one of the prime reasons is the burden on recruiters to meet quotas. The armed services require a definite number of accessions (new recruits) each year and each recruiting office has a number they must bring in based on the demographics of their area. You wouldn't believe some of the gimmicks in use to bring people in.

[thoughtomator]

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

[HiJinx]

The last amnesty program was in '86, these folks have only been here since '92-93.

This soldier will only be able to stay if his commander figures out a way to overlook the fake green card used for enlistment and to get his citizenship expedited before he is discharged.

[HiJinx]

Yes, he did.

[FITZ]

It seems there would be plenty of other types more worthy of deportation to get before they deport this guy. I'd rather see those deported who stold Social Security numbers or committed felony document fraud to take good paying jobs from citizens --- at least this guy risked his life for the USA.

[boxerblues]

We have a soldier who could use some help over here. He fought for us, he should be allowed to stay.

[aquila48]

This is so asinine...

Here we have california giving free tuition and driver's license to known illegals without them being at any risk of being deported, and then we take someone that has fought for this country being threatened like this - we should be giving him instant citizenship!!

WE ARE DOOMED!!!

[HiJinx]

The references to 'blue and white patch' and Ft. Stewart tells me he's probably 3rd ID. They received the Presidential Unit Citation today.

If the kid has a good commander, he (or she!) will go to bat for him and figure out a way to delay discharge and expedite citizenship. The kid isn't going anywhere for at least another 12 to 18 months at the earliest, when his enlistment is up.

Now that I think about it, that means this piece is nothing more than a tug at the ol' heartstrings to get us to feel sorry for all illegals and force Bush to get his amnesty program rammed through before poor Juan is deported.

Lousy presstitutes...

[Bringbackthedraft]

If he is in over 180 days active service he's a veteran! My bet is he's here to stay, and deserves to stay. Welcome to America Kid!

[dark_lord]

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

A key point. Put not the sins of the parents on their children. They guy served. Let him in.

[Britton J Wingfield]

He's earned his right to be here.

[Justin Thyme]

I agree that there are tons of others more deserving of deportation. I'd be inclined to wanting to grant the kid citizenship, especially after a combat tour.

However, he has a fraudulant enlistment, which technically voids the contract. He also procured a fraudulent residency card. Not sure where this sits in the higherarchy of crime, but it is fraud.

Regardless of their noble intent, you can't ignore the lack of integrity involved. Changing the scenario only slightly, if it was Sgt. Akbar (the guy who threw grenades at his superior officers) who was the illegal alien in question, people would be screaming "how could we let this happen?".

Just a thought.