I agree with John Kerry . . . .
I find myself on uncommon ground, but I agree with Kerry on this one.
Sen. John Kerry Intervenes on Behalf of Missing Soldier's Illegal Immigrant Wife
Wednesday, June 20, 2007
by Greg Simmons
WASHINGTON -
Sen. John Kerry, D-Mass., has asked the Department of Homeland Security not to deport the wife of an Army specialist who is missing in Iraq while the search continues for him, his office said Wednesday.
Army Spec. Alex Jimenez has been missing since May 12, when his unit was ambushed by insurgents. His wife, Yaderlin, entered the country illegally in 2001, according to Kerry's office, and the two married in 2004. Procedures to deport Yaderlin Jimenez have begun, although an immigration judge has halted the proceedings while the search for her husband continues. The two live in Lawrence, Mass.
"Under no condition should our country ever deport the spouse of a soldier who is currently serving in uniform abroad," Kerry said, in a statement provided to FOXNews.com.
In the letter to Homeland Security Department Secretary Michael Chertoff, Kerry wrote: "I do not believe that Yaderlin should have her stress and grief compounded by additional worries about her own immigration status. I request that no further action be taken (in) Yaderlin's case while her husband is missing in action. As Yaderlin waits to hear what has happened to her husband I ask that she be allowed to stay in our country."
"I believe this is a very real test of our government's compassion for a military family which has already made enormous sacrifices for the United States," the letter continued.
Vincent Morris, a spokesman for Kerry, said the senator is also looking into whether this is a more widespread problem in the Army.
A spokesman for the Department of Homeland Security was not immediately available for comment.
But it remains to be seen if Kerry's efforts will be enough to prevent the deportation of Yaderlin Jimenez, whose maiden name is Hiraldo.
Jimenez family attorney Matthew Kolken, reached briefly at his Buffalo, N.Y., office, said the letter won't change his client's legal status, but "that letter is very good in that they (authorities) have it in their power to make a motion in her case" to reopen the proceedings.
Another immigration attorney said only an act of Congress would ensure the wife's legal status in the United States.
"Unless Congress passes a private bill on her behalf, she is subject to deportation," said Charles Kuck, an immigration lawyer and president-elect of the Washington, D.C.-based American Immigration Lawyers Association. The group has more than 10,000 members.
Morris said Kerry's office is "taking it one step at a time," and could consider other options including a private bill, although this letter seemed to be the fastest method available.
"The senator wanted to put up a bright red flag and say, 'hold on,' " Morris said.
Kuck, speaking with FOXNews.com from his Atlanta office, said he suspects this is a widespread problem among military families. He said he believes that throughout the country, there are between 1 million and 3 million families where one spouse is not a legal resident.
"I get a call like this at least two to three times today: 'What can I do to help my spouse, but he came in illegally?' " Kuck said.
Boston television station WBZ-TV reported that Alex Jimenez, 25, had requested through U.S. immigration services a hardship waiver to gain legal status for his wife.
"I can't imagine a bigger injustice than that, to be deporting someone's wife who is fighting and possibly dying for our country," Kolken told the station.
Kuck said that immigration laws right now pose a Catch-22 for families like the Jimenezes. The process that they likely went through requires the spouse who needs the waiver to first leave the country, and then go to the U.S. consulate in his or her home country. In this case, the Dominican Republic.
The waivers are rare. Kuck said only a few thousand a year are issued, and they favor Mexicans because of the volume of applications. But because Yaderlin Jimenez had been in the country illegally for longer than one year, she would be forced to stay away from the United States for 10 years once she left the United States, Kuck said.
Kuck said he does not fault Immigration and Customs Services for enforcing the law, but this particular problem penalizes the legal U.S. citizen spouses of the illegal residents. He said the law should be changed so the waiver hearings can be held inside the United States.
"When you're deporting the spouses of U.S. soldiers, I think the law's harsh enough," Kuck said. "Essentially we're punishing U.S. Citizens. That's why it's so essential to have comprehensive immigration reform."
Alex Jimenez and Pvt. Brian Fouty, 19, of Waterford, Mich., remain missing more than a month after the attack on their 10th Mountain Division unit. Their identification cards were found in an Al Qaeda safe house near Baghdad this weekend. A video posted earlier this month by a group affiliated with the terrorist group claimed the men had been killed, but did not provide specific proof of the claim.
The body of one soldier who was captured with Jimenez and Fouty has been found, and four other U.S. soldiers and an Iraqi interpreter were killed in the attack.
Sen. John Kerry Intervenes on Behalf of Missing Soldier's Illegal Immigrant Wife
Wednesday, June 20, 2007
by Greg Simmons
WASHINGTON -
Sen. John Kerry, D-Mass., has asked the Department of Homeland Security not to deport the wife of an Army specialist who is missing in Iraq while the search continues for him, his office said Wednesday.
Army Spec. Alex Jimenez has been missing since May 12, when his unit was ambushed by insurgents. His wife, Yaderlin, entered the country illegally in 2001, according to Kerry's office, and the two married in 2004. Procedures to deport Yaderlin Jimenez have begun, although an immigration judge has halted the proceedings while the search for her husband continues. The two live in Lawrence, Mass.
"Under no condition should our country ever deport the spouse of a soldier who is currently serving in uniform abroad," Kerry said, in a statement provided to FOXNews.com.
In the letter to Homeland Security Department Secretary Michael Chertoff, Kerry wrote: "I do not believe that Yaderlin should have her stress and grief compounded by additional worries about her own immigration status. I request that no further action be taken (in) Yaderlin's case while her husband is missing in action. As Yaderlin waits to hear what has happened to her husband I ask that she be allowed to stay in our country."
"I believe this is a very real test of our government's compassion for a military family which has already made enormous sacrifices for the United States," the letter continued.
Vincent Morris, a spokesman for Kerry, said the senator is also looking into whether this is a more widespread problem in the Army.
A spokesman for the Department of Homeland Security was not immediately available for comment.
But it remains to be seen if Kerry's efforts will be enough to prevent the deportation of Yaderlin Jimenez, whose maiden name is Hiraldo.
Jimenez family attorney Matthew Kolken, reached briefly at his Buffalo, N.Y., office, said the letter won't change his client's legal status, but "that letter is very good in that they (authorities) have it in their power to make a motion in her case" to reopen the proceedings.
Another immigration attorney said only an act of Congress would ensure the wife's legal status in the United States.
"Unless Congress passes a private bill on her behalf, she is subject to deportation," said Charles Kuck, an immigration lawyer and president-elect of the Washington, D.C.-based American Immigration Lawyers Association. The group has more than 10,000 members.
Morris said Kerry's office is "taking it one step at a time," and could consider other options including a private bill, although this letter seemed to be the fastest method available.
"The senator wanted to put up a bright red flag and say, 'hold on,' " Morris said.
Kuck, speaking with FOXNews.com from his Atlanta office, said he suspects this is a widespread problem among military families. He said he believes that throughout the country, there are between 1 million and 3 million families where one spouse is not a legal resident.
"I get a call like this at least two to three times today: 'What can I do to help my spouse, but he came in illegally?' " Kuck said.
Boston television station WBZ-TV reported that Alex Jimenez, 25, had requested through U.S. immigration services a hardship waiver to gain legal status for his wife.
"I can't imagine a bigger injustice than that, to be deporting someone's wife who is fighting and possibly dying for our country," Kolken told the station.
Kuck said that immigration laws right now pose a Catch-22 for families like the Jimenezes. The process that they likely went through requires the spouse who needs the waiver to first leave the country, and then go to the U.S. consulate in his or her home country. In this case, the Dominican Republic.
The waivers are rare. Kuck said only a few thousand a year are issued, and they favor Mexicans because of the volume of applications. But because Yaderlin Jimenez had been in the country illegally for longer than one year, she would be forced to stay away from the United States for 10 years once she left the United States, Kuck said.
Kuck said he does not fault Immigration and Customs Services for enforcing the law, but this particular problem penalizes the legal U.S. citizen spouses of the illegal residents. He said the law should be changed so the waiver hearings can be held inside the United States.
"When you're deporting the spouses of U.S. soldiers, I think the law's harsh enough," Kuck said. "Essentially we're punishing U.S. Citizens. That's why it's so essential to have comprehensive immigration reform."
Alex Jimenez and Pvt. Brian Fouty, 19, of Waterford, Mich., remain missing more than a month after the attack on their 10th Mountain Division unit. Their identification cards were found in an Al Qaeda safe house near Baghdad this weekend. A video posted earlier this month by a group affiliated with the terrorist group claimed the men had been killed, but did not provide specific proof of the claim.
The body of one soldier who was captured with Jimenez and Fouty has been found, and four other U.S. soldiers and an Iraqi interpreter were killed in the attack.
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Heff -
This is a rare one upon which I disagree with you.
A criminal mexican is a criminal mexican.
Too bad the couple didn't exercise their ability to bring her in legally.
When my Son Doug was an Army Grunt, he married a foreign national and brought her in legally.
My Daughter Andrea also married a foreign national and brought him in legally.
If we allow this crime to stand, we are speaking out of both sides of our mouth(s).
I am reasonable, and am that I'm wrong, but I just don't see it.
Doug
* edited for proper usage (maybe)0 -
Not to sound harsh against our troops, but if this lady is an "ILLEGAL" she needs to be deported! PLAIN AND SIMPLE!
If you start giving exceptions to one then others will start to expect it and it will be to the point of 20 million exceptions!0 -
I disagree. On more than just one level.
And you should read the article more carefully -- it's full of stuff like "immigration laws are too tough" stuff. Knowing INA and 8 CFR pretty well I can say there's absolutely no need to break the law and if it wasn't for illegals and H1B visas we wouldn't have any immigration discussions.
^^^ that was a little obvious, i think i skipped a whole sentence there [:p]
what I mean to say was that if it wasn't for massive immigration and amnesties there would be a whole different situation for legal immigrants. well, that's not the subject of this topic anyways.
Everyone without exception should think before committing to a certain action, especially someone who joins the service... again, I don't even know where to begin.0 -
Maybe we could, because she is married to a U.S. Soldier, put her case on hold and vigorously pursue the deportation of, I don't know, every illegal that shows up in a hospital emergency room this year. Maybe we could deport her after we have deported every illegal family whose kids show up for elementary or high school this year. You know, the ones that are costing us money rather than the one who is married to a man defending this country.
This has the ring of political gamesmanship. Exploit one that is deserving to stay in order to convince us dumb-asses that we should not deport any of them.[xx(]0 -
Not to sound Harsh... GRD... but if this women's spouse is in American Uniform and lost in Iraq, He and She have paid their dues And I say Welcome to America... Some people have earned the right to be here!!! Looks to me that these two may be more American than even a lot of our politicians... Keep her...Boot,,, Dianne Feinstein for my money...... 0 -
Kerry prob turned her in, so he could make a speech about saving her 0 -
I'll go along with Kerry on this one too. The last thing this woman needs right now is to be deported. Not to mention the sacrifice that her husband has made. 0 -
Illegal is illegal, and I see that point very clearly. However I see some serious irony here..
Illegal Mex drug dealers, robbers, muggers, and other Mexican trash who aren't wanted even in San Luis..are welcomed here with open arms and given amnesty if our fine leaders have their way, but this poor woman with a husband who gives his life for this country is on top of the deportation list..
What kind of sick logic thinks up all this trash?
Of course this is just one small example. I also feel for all the immigrants who have given up lives in other countries, come here, learned to speak English, studied American history and culture, learned our laws, lived on rags, hopes and prayers, pledged allegiance to our flag, and become legal Americans who wasted so much time, when all they had to do was come across the Rio Grande with a pocket full of coke and they would be fed, clothed, given medical attention, social security, housing, and the keys to the country. I wonder how they feel right now.
Sorry, I strayed from the subject..0 -
how can she lose something she never had? she was married to a legal american enjoying freedom and liberty under his guarding wing. now he's gone, maybe. he's fighting for the rights of legals, not illegals. hes dieing for you and me, not his wife. sorry.....deport her. and im sure his military service was most likely a political move to strengthen her hand to stay.
which goes back to my original suggestion that ALL ILLEGALS go directly into 5 years of service, on base needs provided, no popping out babies, duty on front lines, to prove their loyalty to country, then.....we think about allowing them in.0 -
quote:Originally posted by tobefree
Not to sound Harsh... GRD... but if this women's spouse is in American Uniform and lost in Iraq, He and She have paid their dues And I say Welcome to America... Some people have earned the right to be here!!! Looks to me that these two may be more American than even a lot of our politicians... Keep her...Boot,,, Dianne Feinstein for my money......
Paying dues has nothing to do with the fact that she deliberatly broke our laws by comming here ILLEGALY!
That is my complaint!
Should we also give an exception to a person who deliberatly killed someone but was uncaught for a number of years and durring the time before being caught did some great things?
The guy would still be a murderer!
Should we let him go free for that murder because of the good things he did afterwards?
I say no! We give him the death sentance like everyone else should get for the crime of murder!
There should be no difference in these two crimes as far as getting the punishment that is desrved!0 -
John Kerry doesn't care about her, he thinks of her as a poster child, [look at these good people you conservitives want deported]
my instinct says deport her. when does a forien service man become a citizen? when enlists, or after his term of service? it seems cold to kick her out after his giving his all.0 -
The fact that she is an illegal alien living in the US with her husband's knowledge and consent makes him a security risk. While I am sorry that he is missing, and I hope that he turns up safe, if he does turn up his security clearance should be immediately removed and he should face charges. Needless to say, as soon as his status is determined, she should get the boot. Oh, and no benefits for her either, no insurance etc. 0 -
I would boot about 19.99999 million before her 0 -
tobefree -
Then I may assume that you think it be OK for my Son in Uniform to smuggle some (criminal)woman into this country to marry, because he is a Serving Soldier??
As a matter of fact, do you think it would have been fine for all of my Sons to smuggle (criminal) women into this country so they could marry them ??
And, since those (criminal) women might be lonely, let them bring their (criminal) Fathers, mothers, sisters, brothers, cousins, aunts, uncles, and pretty good friends in.
Gee... that sounds a lot like what we already have.
Also, if we do that, we should refund the thousands of dollars that my Daughter and Son spent to bring their respective spouses into America ??
BULLBITCH.
Doug0 -
If she's an illegal alien, deport her. 0 -
Bye Bye Miss Non-American pie... 0 -
Spec Jimenez earned a place for his wife. It seems the U.S. rewards enemies and punishes friends. 0 -
Then, after she serves her time for committing multiple felonies, we should seriously consider allowing her to become a Citizen, when she applies to return to the United States after she has been deported.
SHE IS AN UNCONVICTED FELON.
Doug0 -
Quote:
His wife, Yaderlin, entered the country illegally in 2001, according to Kerry's office, and the two married in 2004.
Sounds like Spec. Jimenez is guilty of harboring a fugitive to me!
Point Blank!
A Criminal is a Criminal!0 -
No he did not "earn her a place". If he had wanted to "earn her a place" he would have gotten her here legally. I am sorry that he is gone, but that does not change the fact that she is a criminal. 0 -
Man, you guys are harsh.
I say let her stay. Spec. Jimenez (and I hope I'm wrong) is more likely than not...dead.[:(] Al-Qaeda claims they were executed.
Jimenez fell in love and married this woman.
Love is blind and also international borders-free.
She was here, he assumed she was here legally and fell in love.
Deport all the other zillions of illegals but let this lady stay...at the very least until we know the outcome of her husband's situation.0 -
The question I ask myself is ... Is she deserving of our sympathy?
Of course she is ... but that's all.
Many have already said it ... illegal is illegal.0 -
Well, say what you want, but I suspect his wife gets temp paperwork to stay before the bus gets warmed up to take her home. Judge has halted procedures. 0 -
quote:Originally posted by git_r_done
Quote:
His wife, Yaderlin, entered the country illegally in 2001, according to Kerry's office, and the two married in 2004.
Sounds like Spec. Jimenez is guilty of harboring a fugitive to me!
Point Blank!
A Criminal is a Criminal!
they both are criminals. here's what the INA says, INA Sec. 274. [8 U.S.C. 1324]:
(a) Criminal Penalties.-
(1) (A) Any person who-
<...>
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law, shall be punished as provided in subparagraph (B); or
(v) 1/ (I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs-
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) 2/ or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, 3/ be fined under title 18, United States Code, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), 4/ be fined under title 18, United States Code, imprisoned not more than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) 5/ during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18, United States Code) to, or places in jeopardy the life of, any person, be fined under title 18, United States Code, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, United States Code, or both.0 -
She ain't here illegally , she is still trying to get the money saved up to go get the paperwork so she can become a citizen. [:0][:0] 0 -
quote:Originally posted by Dennis Smith
So she latched onto GI to gain legal status...nothing new in that.
that is assuming he joined in or before 2001 and again assuming they've met in or before 2001. they don't mention much details, as usual of course.0 -
Well hells bells, the rules are the rules I would let her hang around awhile if she is hot if not kick her ass out. Old scam marry a serviceman. Damn straight 0 -
Old Fool said..."If he had wanted to "earn her a place" he would have gotten her here legally..."
He married her! That is enough. In addition to that he earned her a place by his service to his country.
I remember when the boat people landed. It was all over the news. I remember there were a lot of prostitutes and such that made it but I never saw a former Kit Carson scout that made it.
We now have millions of illegals here that would not lift a finger to help build and maintain this country but they get amenesty. Some of them would like to see this country go down the gutter. You see them burning flags ect. but they stay.
We might have more friends if they were treated better and less enemies if they were not rewarded for being a enemy.0 -
quote:Originally posted by chollagardens
Old Fool said..."If he had wanted to "earn her a place" he would have gotten her here legally..."
He married her! That is enough. In addition to that he earned her a place by his service to his country.
read the law, marrying an illegal alien makes both parties criminals.0 -
quote:Originally posted by dolfan
Man, you guys are harsh.
I say let her stay. Spec. Jimenez (and I hope I'm wrong) is more likely than not...dead.[:(] Al-Qaeda claims they were executed.
Jimenez fell in love and married this woman.
Love is blind and also international borders-free.
She was here, he assumed she was here legally and fell in love.
Deport all the other zillions of illegals but let this lady stay...at the very least until we know the outcome of her husband's situation.
You have no proof what so ever to make the claim that he thought she was here legally!
And I seriously doubt that that was the case as it would be near impossible to NOT know in 3 years of marrege!
I will be the first to admit that there are some (and I use the term "SOME" loosely) illegals that are good people. But that does not change the fact that they commited a crime by comming here illegally and should be punished to the full extent of the law for those crimes!
Like I stated earlier, it does not matter what kind of person they are or the good things that they have done or who they are married too! If they willfully commit a crime they should be fully punnished for that crime!0
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