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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quote:Originally posted by thesneakyrussian
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.
EXACTLY!0 -
Maybe he married her in Mexico. Were they living on Base? What about all the security checks for spouses? And who will collect the benefits should he not be found? His wife? 0 -
quote:Originally posted by select-fire
Maybe he married her in Mexico
then he brought her in illegally and makes him commit yet another crime.0 -
sneakyrussian -
Thank you very much for showing us the Law.
It is not equivocal.
There is no "maybe", or "if", or "unless it's inconvenient" .
All-in-all, pretty straightforward.
Doug0 -
quote:Originally posted by thesneakyrussian
quote:Originally posted by select-fire
Maybe he married her in Mexico
then he brought her in illegally and makes him commit yet another crime.
Somehow I think she has applied for temp citizenship .. paperwork will be backdated.. Whats the problem.0 -
quote:Originally posted by select-fire
quote:Originally posted by thesneakyrussian
quote:Originally posted by select-fire
Maybe he married her in Mexico
then he brought her in illegally and makes him commit yet another crime.
Somehow I think she has applied for temp citizenship .. paperwork will be backdated.. Whats the problem.
there's no such thing as "temp citizenship". there're multiple problems, if you want to find out please consult Immigration and Naturalization Act and 8 CFR (Code of Federal Regulations), both are available at United States Citizenship and Immigration Services website0 -
quote:Originally posted by Doug Wilson
sneakyrussian -
Thank you very much for showing us the Law.
It is not equivocal.
There is no "maybe", or "if", or "unless it's inconvenient" .
All-in-all, pretty straightforward.
Doug
You're welcome. Actually, there are special circumstance cases which are decided by an immigration judge on a case to case basis if it gets there, but yes, all-in-all it's nonexclusive, just like any law is and should be, otherwise we end up with a special class citizens who are the Law.0 -
Well regardless, I say she stays. Maybe a news conference. No way will a US Military wife be deported. Maybe temp amnesty then,, how about that? !! 0 -
quote:Originally posted by select-fire
Well regardless, I say she stays. Maybe a news conference. No way will a US Military wife be deported. Maybe temp amnesty then,, how about that? !!
Again the problem there lies in the fact of where do you stop with the exceptions to the rule?
If you make an exception for one then another wants an exception and next thing you know we are giving 20 million exceptions!
I say no exceptions! If she is illegal she needs to be deported!0 -
In the 1950's, when I was an U.S. Army draftee, they had a program for non-citizens that I felt was a great program. A non citizen who had served honorably for 3 years in the Army was eligible for a green card and eventually citizenship. It is my feeling that at the present time this program [if it isn't allready in place] is a workable one. 0 -
I feel it a shame that some of you feel this way. I have a question for some? Would you fight with her missing husband. I would, and be proud of it. I respect him and his wife. His reasoning would be good enough for me to support. If you read the article carefully , you will see it is a problem that our government needs to address. He is not alone having a spouse that is not an American citizen. If it is ok with him to put his life on the line for our country, I damn well think it is good enough for him to have a choice who he marries and where they are from. 0 -
quote:Originally posted by select-fire
I feel it a shame that some of you feel this way. I have a question for some? Would you fight with her missing husband. I would, and be proud of it. I respect him and his wife. His reasoning would be good enough for me to support. If you read the article carefully , you will see it is a problem that our government needs to address. He is not alone having a spouse that is not an American citizen. If it is ok with him to put his life on the line for our country, I damn well think it is good enough for him to have a choice who he marries and where they are from.
Gary,
He does have that right! But there are also laws that are suppost to be followed to enter our country!
I do not believe in makeing exceptions on those laws, and that is why I feel like I do.
And from what I can gather in the aritcal she was illegal for 3 years before marrying him! Which means she was hideing from the authorities for a long time!0 -
The Judge has this who fiasco on the back burner and I predict that is where it will stay. I wonder if any children are involved? 0 -
she did break the laws by comming here ILLEGALY!
My wife is a Phillipino, we did all the paperwork, The youngman
brought her in the country the wrong way. they screwed up.
I think they should wait until, he is found.
if the father wants to help, help her get a lawyer and fill out the paperwork.0 -
She totally misunderstood about the Visa... She has a Mastercard.[:o)][:o)] 0 -
My simple minded thought is, we've given amnesty to millions and granted political asylum to hundreds of thousands. We've pardoned criminals and given billions to folks we now call our enemy. If after all of that, a soldier who is MIA in Iraq gets his wife of 3 years deported while he is held captive by the enemy, we are hypocrites. If there is ever an illegal who should be given a stay until their status can be corrected, this is it. Until her husband is home to clarify this issue, she should stay. If he is found dead, we owe him more than the cost of letting his wife enjoy the freedom he has fought for.
Some here are holding to the letter of the law, and while I respect that, the letter of the law says we can't speed for any purpose, but a cop will let us slide when we are rushing our injured child to the ER.
Everything in the world is not black or white, and this is a grey area.0 -
yes, Let her father inlaw fill out the paperwork as a sponser.
that way she can stay.0 -
quote:Originally posted by dheffley
My simple minded thought is, we've given amnesty to millions and granted political asylum to hundreds of thousands. We've pardoned criminals and given billions to folks we now call our enemy. If after all of that, a soldier who is MIA in Iraq gets his wife of 3 years deported while he is held captive by the enemy, we are hypocrites. If there is ever an illegal who should be given a stay until their status can be corrected, this is it. Until her husband is home to clarify this issue, she should stay. If he is found dead, we owe him more than the cost of letting his wife enjoy the freedom he has fought for.
Some here are holding to the letter of the law, and while I respect that, the letter of the law says we can't speed for any purpose, but a cop will let us slide when we are rushing our injured child to the ER.
Everything in the world is not black or white, and this is a grey area.
I do not see this as a grey area!
She was illegal for 3 years before they got married. Chances are that he knew she was illegal when they got married and there fore he also is guilty of a crime. And I might add that he could be court martialed (or at least given an Artical 15) in the military for that crime.
I do not look down on his service to our country so don't even think that I am doing that in any way shape or form!
The problem lies in giveing exceptions to the rules!
If you give that exception to her you are going to have 20 million other illegals wanting us to make exceptions for them as well!0 -
I'm not sure I'm with you on this one, Danny. Soldiers sign up to defend the Constitution, not break it. And as far as extenuating circumstances go, there are always extenuating circumstances. "I'm pregnant." "My wife's pregnant." "My kid's a citizen." It goes on and on.
But there comes a point when compassion for the few must give way for the interests of the many.
It is heartbreaking that her husband is missing and likely dead. But his sacrifice should not result in her gain at our cost as a nation and society.
Maybe my compassion is at low ebb right now, but I must respectfully disagree with ya on this one even though I see and understand where you're coming from.0 -
I think every Senator who is in favor of the "NOT AMNESTY" bill has an illegal they are harboring. Senator Durbin of Illinois is harboring an illegal in a "church". He has let it known that no governmental agency is to touch her. 0 -
Heff..Exactly. Are we hippocrits or are we patriots? I have my opinion of course, but no one gives a flippin'...Oh.. no one cares.I gonna keep it in me hat. 0 -
+1 on Heff's previous reply.
For all those who say "rules are rules, deport her", her being the wife of a US soldier, currently MIA...Ponder this:
Just today, 4 Cubans were smuggled to Miami, having arrived via go-fast boat. Thanks to Clinton's idiotic Wet foot/Dry foot policy, these 4 will be allowed to stay in our country. You and I will be paying for their well being.
Where is the compassion of this board?
Its MIA, just like Spec Jimenez![:(]0 -
There are people on this board who want to pick and choose what felonies to permit.
I'll betcha even bondai & HAIRY would want her gone.
Doug0 -
Besides, if I remember correctly Slick Willie signed a law that made it legal to obtain citizenship for you, your wife and children in exchange for military service, back in 1994. Of course if you want to be picky I reckon he probably won't get to complete his three years.....Being that he probably is DEAD!!! 0 -
quote:Originally posted by git_r_done
She was illegal for 3 years before they got married. Chances are that he knew she was illegal when they got married and there fore he also is guilty of a crime. And I might add that he could be court martialed (or at least given an Artical 15) in the military for that crime.
And you know this how? Where did it say that? Until we can ask him, we don't know, and she should get a stay until we can.
quote:Originally posted by git_r_done
The problem lies in giveing exceptions to the rules!
If you give that exception to her you are going to have 20 million other illegals wanting us to make exceptions for them as well!
I believe it's too late for that, and if there was ever a reason for an exception, this is it. We've given millions of exceptions to date. Why would this one put us over the edge?0 -
quote:Originally posted by ElMuertoMonkey
I'm not sure I'm with you on this one, Danny. Soldiers sign up to defend the Constitution, not break it. And as far as extenuating circumstances go, there are always extenuating circumstances. "I'm pregnant." "My wife's pregnant." "My kid's a citizen." It goes on and on.
But there comes a point when compassion for the few must give way for the interests of the many.
It is heartbreaking that her husband is missing and likely dead. But his sacrifice should not result in her gain at our cost as a nation and society.
Maybe my compassion is at low ebb right now, but I must respectfully disagree with ya on this one even though I see and understand where you're coming from.
I don't think your compassion is at a low ebb, but what do I know? If she were one of 10, 100, 1000, 10,000, or 100,000 illegal aliens few people would say deport her, because such an number is negligent in the overall scheme of things here. However, we are facing an amnesty bill that may well allow 12 to 20 million illegals to stay in America, and, it might well generate another 40 to 80 million people on top of that, dependent on how many are in each immediate family, (spouses, children, and aged dependents, for example, like mothers, fathers, aunts and uncles). This is not the time to give the likes of Ted Kennedy or John McCain any ammunition regarding double standards, or tie up an already hog tied Immigration and Naturalization Service.0 -
quote:Originally posted by ElMuertoMonkey
I'm not sure I'm with you on this one, Danny. Soldiers sign up to defend the Constitution, not break it. And as far as extenuating circumstances go, there are always extenuating circumstances. "I'm pregnant." "My wife's pregnant." "My kid's a citizen." It goes on and on.
But there comes a point when compassion for the few must give way for the interests of the many.
It is heartbreaking that her husband is missing and likely dead. But his sacrifice should not result in her gain at our cost as a nation and society.
Maybe my compassion is at low ebb right now, but I must respectfully disagree with ya on this one even though I see and understand where you're coming from.
Sure are a lot of folks telling us what he did and didn't know. What I said was, she should get a pass until he is safely home again and not assume we know anything. Everyone trying to twist it into something I never said, but hey, that's not unusual.0 -
Illegal is illegal. Life is tough.
We better harden up, or we are through as an independent nation.
I am quite sure that many will adopt a "we must compromise" stance on this. Compromise on principal and on the nations future is unacceptable.0 -
quote:Originally posted by lt496
Illegal is illegal. Life is tough.
We better harden up, or we are through as an independent nation.
I am quite sure that many will adopt a "we must compromise" stance on this. Compromise on principal and on the nations future is unacceptable.
We have a history of compromise and exceptions, and anyone who doesn't believe they will continue on some level is foolish. If there was ever a reason to hold our water until we can find out who knew what, and when they knew it, this is it.0 -
Folks -
The real reason she should not be allowed to stay is because she is highly visible, and we should be able to control the outcome. In other words, we know who and where she is, we know she is an identified, if unconvicted, multiple felon, and we can- AT LEAST - get this one OUT OF OUR COUNTRY...and back to HER country. She is a criminal mexican that doesn't belong here.
Her relationship to a GI - who may or may not be here legally, and is an accessory to her criminal acts against our Country - is immaterial.
You didn't address the issue of my Son Doug II - a former decorated American Soldier, now an agent of the Defense Intelligence Agency - deserving a refund for the costs incurred by him to bring his wife, a legal immigrant, to this country legally. And also my Daughter who married a LEGAL immigrant and she is of LEGAL Mexican extraction, and also my Son Steve who is also a married to a LEGAL immigrant. These processes have cost my Family THOUSANDS of dollars to do it legally. How do y'all suggest we recover those funds ??
Not to mention the fact that, allowing her to stay certainly cheapens the efforts of those millions of (now) American Citizens who have done it the correct and LEGAL way.
Y'all don't have a legal or logical leg to stand on.
Doug
* edited to correct spelling/puntuation only0
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