Pvt. Juan Escalante has returned to Fort Stewart, Ga.
Posted on 10/03/2003 11:13:14 PM PDT by bicycle thug
In a widely watched immigration case, the Army yesterday said it will assist Pvt. Juan Escalante, of Seattle, an illegal immigrant and veteran of the Iraq conflict, in securing legal status to remain in the United States.
Richard Olson, spokesman at Fort Stewart, Ga., called Escalante "a good soldier and a value to the Army."
"The intent of the command is to resolve this to the benefit of all parties concerned," Olson said.
An executive order signed by President Bush last year allows noncitizen soldiers who have served honorably during Operation Enduring Freedom to apply for U.S. citizenship.
That order also applies to illegal immigrant soldiers like Escalante, said Margaret Stock, professor of law at the U.S. Military Academy at West Point.
Under the order, Escalante, 19, would avoid the lengthy process of having to get a green card before seeking citizenship, Stock said.
Some 10,000 soldiers and sailors have applied for naturalization under the presidential order, according to the Bureau of Citizenship and Immigration Services, the successor to the Immigration and Naturalization Service.
Applications from military personnel are typically reviewed within six months, an immigration official said.
In Escalante's case, however, officials at Fort Stewart have not yet ruled whether he will be disciplined for using a fake green card to enlist, Olson said.
Escalante was born in Mexico and illegally crossed into the United States as a 4-year-old with his mother. He grew up largely in Seattle, graduating from Chief Sealth High in 2002.
Shortly after graduation, he said he paid $50 for a fake green card and signed a four-year contract with the Army. Upon his arrival at Fort Stewart in the spring, he volunteered to go to Iraq after the rest of his unit had been deployed. He served in Kuwait and Iraq for four months.
Escalante described his military future as positive.
"They told me yesterday (Wednesday) there's no problem with me staying in," Escalante said from Fort Stewart. "I feel good."
Escalante is a member of the 1st Brigade of the Army's 3rd Infantry Division, which was cited for valor last month by Bush. The division launched the ground invasion that began the Iraq war. It also suffered the greatest losses: 38 soldiers were killed.
In an interview last month with The Seattle Times, Escalante said he enlisted in the military to finance a college education. Asked if he had enlisted to become a citizen, he replied, "If I really wanted to, I could have gotten married to an American."
Since the conflict in Iraq began, Bush and others have noted the contributions made by the 37,000 immigrant, or so-called green-card soldiers. Escalante is a no-card soldier, a type military officials and others have repeatedly said aren't present in the armed forces.
Escalante speculated there may be others like him. "If I did, then it probably can be done," he said last month while at his Seattle home, having just returned from Iraq.
"We've learned that there are other people who are serving, who are scared to death that they'll be discovered," said Jane Sanders, district director for U.S. Rep. Jim McDermott, D-Seattle, who has taken an interest in Escalante's case.
"It only stands to reason he's not the only one."
Meanwhile, a deportation case involving Escalante's parents remains unresolved. Seattle immigration Judge Anna Ho denied a petition this year for legal permanent residency filed by Bernardo and Silvia Escalante, who have lived in the country for 15 years.
They appealed to the Board of Immigration Appeals. But the couple's attorney, Glen Prior, of Fife, said if Juan secures citizenship, he would bring the deportation case back to Ho for reconsideration.
Florangela Davila: 206-464-2916 or fdavila@seattletimes.com
Pvt. Juan Escalante has returned to Fort Stewart, Ga.
Copyright © 2003 The Seattle Times Company
Now, just how bad did you want that driver's license?
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Most here, with few exception's, have a problem with the criminal part. Welcome to FR!Blackbird.
Just the illegal ones. Most of us are not against legal immigration. After all, my woman is an immigrant, and not a US citizen either.
Pvt. Escalante has proven his loyalty in his willingness to serve and die for his new country. He earned it. He deserves it and any other decision would have been wrong and a travesty. Maybe this should be a good step to "earn" ones citizenship? I'd be in favor of it.
Application of most laws can and should be done in a context. In this case, I think this guy proved his loyalty to the USA by serving in the noblest of traditions. These actions outweigh the illgality of his earlier act.
I am for law and order, and I don't advocate this as public policy, but for this sitiuation, the right thing was done.
Two things happened for this person to become an American soldier. He had to enter this country illegally and he had to defraud the military when he entered into service.
I wouldn't have a big problem with that under some extenuating circumstances. One would be if he entered the country as a minor child with his parents (in other words, had no choice in the matter) AND had informed the military of his status before it was discovered.
In my judgment, each such case should be handled individually and the character of the individual should play a key role in the decision. The one thing we don't want to do is to reward unethical behavior.
Our borders have been out of control for a long time, and we are paying the price. The fabric of this nation is being ripped apart and Mexico is importing poverty. It is dividing us and causing intolerable problems in California.
In no way should American citizenship be up for sale.
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