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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She married an American Citizen. Makes her 1/2 American to me. 0 -
quote:Originally posted by select-fire
She married an American Citizen. Makes her 1/2 American to me.
I think you completely misunderstand what it means to be an American, if you think marriage is the way to becoming one... well, then we might as well just declare US borders open to everyone from anywhere and assimilate with the rest of the 3rd world.0 -
quote:Originally posted by mateomasfeo
HEFF- Just because we disagree with you on this issue doesn't make us or you bad people.
Now, if she was charged with a another crime (indecency with a child) would you let her off because her husband was a soldier? I mean a crime is a crime and compassion is compassion, right? Yes, one crime is more severe than the other and the punishment is more severe.
But punishment is due none the less.
Should my wife not be deported because I serve my country in the sometimes dangerous role of public defender? Should a cop's wife get amnesty because he serves the public in a dangerous job?
I don't think him being a soldier and her being a criminal have anything to do with each other...
God bless him for his service.
I don't see anyone who thiks she should be deported as a bad person. Just want to make that clear.
I'm not talking about our wives, or a cops, or a service mans wife, I'm talking about a current POW. A little of the grey to me.0 -
quote:Originally posted by thesneakyrussian
quote:Originally posted by select-fire
She married an American Citizen. Makes her 1/2 American to me.
I think you completely misunderstand what it means to be an American, if you think marriage is the way to becoming one... well, then we might as well just declare US borders open to everyone from anywhere and assimilate with the rest of the 3rd world.
I have misunderstood nothing. My feelings are she is 1/2 American. Possession is 1/2 the law. She is here, and married to an American Citizen. Please show me what harm this Woman has caused you. I want evidence of this harm presented in a court of law..0 -
quote:Originally posted by git_r_done
quote:Originally posted by dongizmo
I read it as Spec. jimenez was trying to make things right, and was working on gaining legal status for his bride.
How many vets here would make the call to ICE to report a fellow soldiers spouse? How would you feel if it was someone in your unit/squad?
How many here would be incarcrated now if the letter of the law was so blindly enforced?
How many U.S.A. born citizens of age would be willing to serve and possibly sacrifice in order to obtain a green card for their spouse?
Not many I suspect, I think the Specialist and his wife might be the kind of immigrants we should accept, compared to the ones who feel they are entitled to a green card just because they could swim.
Like Danny said, it is a grey area.
And again I say it is not a gray area!
How can you even call it a grey area when she deliberatly and willfully broke the law!
Can you tell me how that is a grey area? I truely do not understand how anyone can say that if a person purposly and willfully broke the law that it can be called a grey area!
That would be like if I went and killed someone in cold blood and wanted amnesty for the crime because I had a family member who was a POW!
SAME THING!
Kind of like assualting a guy driving down your street to fast.[:0]
I guess some would consider that a crime to be prosecuted if you follow the letter of the law to the extreme, a crime is a crime.
but if you look at the "big picture" what the Jimenez family is guily of has been going on for decades, on ALL of our borders,
(and the are canadien immigrants)
and at least the Jimenez family was trying to do something to make it right, and for that your willing to throw out the baby with the bathwater.[V]0 -
OK, now I get it. POW's or MIA's families need not worry about immigration or any other law. They should get leniency because of the situation the person they married is in. Was he drafted?
I personally think you are acting like hypocrits, and I don't want to ever hear from the leniency crowd about how "lawyers spin stories to get around the law." You guys are doing it now!
Almost EVERYTHING has gray in it if you look hard enough. Guess it's just a matter of whose ox is getting gored, eh?
Just cause a guy CHOOSES to go to Iraq and fight does not make him or his above the law.
She will get off though...0 -
quote:Originally posted by select-fire
quote:Originally posted by thesneakyrussian
quote:Originally posted by select-fire
She married an American Citizen. Makes her 1/2 American to me.
I think you completely misunderstand what it means to be an American, if you think marriage is the way to becoming one... well, then we might as well just declare US borders open to everyone from anywhere and assimilate with the rest of the 3rd world.
I have misunderstood nothing. My feelings are she is 1/2 American. Possession is 1/2 the law. She is here, and married to an American Citizen. Please show me what harm this Woman has caused you. I want evidence of this harm presented in a court of law..
I can even show harm you're causing me and everyone else by advocating lawlessness and mayhem.
This woman broke the Law, she went around the system, hence causing harm to the society as a whole. If you don't get it -- it's a moot point to continue this discussion.0 -
No you don't get it, she is already here, has been here for 3 years, caused NO problems.. now why all the stink? 0 -
Wow, it is amazing how fast the disease of liberalism is spreading... With whatever pretense here and this time, it's still the same story, same sappy arguments, same emotions. Amazing it's happening on GB, I would have never expected it. 0 -
Well, the Federal Judge who put this on hold must be wrong too HUH??? 0 -
quote:Originally posted by dongizmo
quote:Originally posted by git_r_done
quote:Originally posted by dongizmo
I read it as Spec. jimenez was trying to make things right, and was working on gaining legal status for his bride.
How many vets here would make the call to ICE to report a fellow soldiers spouse? How would you feel if it was someone in your unit/squad?
How many here would be incarcrated now if the letter of the law was so blindly enforced?
How many U.S.A. born citizens of age would be willing to serve and possibly sacrifice in order to obtain a green card for their spouse?
Not many I suspect, I think the Specialist and his wife might be the kind of immigrants we should accept, compared to the ones who feel they are entitled to a green card just because they could swim.
Like Danny said, it is a grey area.
And again I say it is not a gray area!
How can you even call it a grey area when she deliberatly and willfully broke the law!
Can you tell me how that is a grey area? I truely do not understand how anyone can say that if a person purposly and willfully broke the law that it can be called a grey area!
That would be like if I went and killed someone in cold blood and wanted amnesty for the crime because I had a family member who was a POW!
SAME THING!
Kind of like assualting a guy driving down your street to fast.[:0]
I guess some would consider that a crime to be prosecuted if you follow the letter of the law to the extreme, a crime is a crime.
but if you look at the "big picture" what the Jimenez family is guily of has been going on for decades, on ALL of our borders,
(and the are canadien immigrants)
and at least the Jimenez family was trying to do something to make it right, and for that your willing to throw out the baby with the bathwater.[V]
First I did not assault anyone! I made a verbal comment that they needed to slow down! They were the ones who came on my property and assaulted me for telling them this.
As for the Jiminez's situation, the paperwork should have been done before she entered this country! She chose to break the law instead and do things the wrong way!
And in order to recieve the waiver that she wants she first needs to leave the country and then apply for that waiver! Those are the rules! And I have not heard any comment that she is packing her bags to go to her home country to do it!
RULES ARE RULES! AND LAWS ARE LAWS!0 -
quote:Originally posted by select-fire
No you don't get it, she is already here, has been here for 3 years, caused NO problems.. now why all the stink?
Oh, yeah, that's right I forgot the "possession is 1/2 the law!" Wish I would have learned that one back in law school, would sure be helpful now![:p]
I don't care if she's been here 30 YEARS, any more than I care if a guy killed someone 30 years ago. A crime is a crime. She will get her hearing, that is the system. If I am on the jury she goes down.[:0]
She caused NO problems? Looks like it's costing the US taxpayer a bundle. So, a guy who grows his own pot and sits at home by himself should not be held accountable because he hurt no one?
Don't use faint logic on an opinion that is based on pure emotion, it comes across contrite and hollow. You believe what you believe on an emotional level, not a legal one. Just say so. It is OK. But to try and justify it by quoting half baked legal mumbo jumbo ain't working.
Remember the thread on jury nullification? Well here ya go guys! Now is your chance![:p][:D]0 -
quote:Originally posted by select-fire
No you don't get it, she is already here, has been here for 3 years, caused NO problems.. now why all the stink?
Because, according at least to the information presented, she's here ILLEGALLY. For the brightest people, here's the definition of "illegal":
* adj. - illegal -- (prohibited by law or by official or accepted rules; "an illegal chess move")
Anyways, if one has no concept of law one has no concept of law.0 -
quote:Originally posted by Doug Wilson
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 only
The first sentence says it all here Doug.0 -
Everyone is dug in.
Dead horse.
I'm done.
Doug0 -
quote:Originally posted by mateomasfeo
quote:Originally posted by select-fire
No you don't get it, she is already here, has been here for 3 years, caused NO problems.. now why all the stink?
Oh, yeah, that's right I forgot the "possession is 1/2 the law!" Wish I would have learned that one back in law school, would sure be helpful now![:p]
I don't care if she's been here 30 YEARS, any more than I care if a guy killed someone 30 years ago. A crime is a crime. She will get her hearing, that is the system. If I am on the jury she goes down.[:0]
She caused NO problems? Looks like it's costing the US taxpayer a bundle. So, a guy who grows his own pot and sits at home by himself should not be held accountable because he hurt no one?
Don't use faint logic on an opinion that is based on pure emotion, it comes across contrite and hollow.
Remember the thread on jury nullification? Well here ya go guys! Now is your chance![:p][:D]
Well I would like to see the ( facts ) on this particular immigrant and the damage she has done the United States of America. I want a monetary figure to impose against her and her husband. Maybe some I.R.S. 1040 forms lying on the Judges bench. Until you see the actual facts, you are on a fishing expedition. I bet they have filed their tax forms and paid all taxes due. Geesh0 -
quote:Originally posted by Doug Wilson
Everyone is dug in.
Dead horse.
I'm done.
Doug
That's what they all say.[}:)]
Besides, I just changed my mind after reading that possession is one half of the law, and that a Federal judge ruled on something.
She stays!![;)]0 -
Mateo, maybe the Govt. is going to tear down my new home cause I didn't check out all the Mexicans who built it thru the Builder. I am losing sleep at night. 0 -
quote:Originally posted by mateomasfeo
quote:Originally posted by Doug Wilson
Everyone is dug in.
Dead horse.
I'm done.
Doug
That's what they all say.[}:)]
Besides, I just changed my mind after reading that possession is one half of the law, and that a Federal judge ruled on something.
She stays!![;)]
Don't you flip flop on me ...[:o)][:o)]0 -
She goes.
Now I'm REALLY done. (with this thread)
Can't get rid of me from the forum that easily, again.
Doug0 -
quote:Originally posted by Doug Wilson
She goes.
Now I'm REALLY done. (with this thread)
Can't get rid of me from the forum that easily, again.
Doug
She stays !! Pong0 -
quote:Originally posted by select-fire
Mateo, maybe the Govt. is going to tear down my new home cause I didn't check out all the Mexicans who built it thru the Builder. I am losing sleep at night.
Remember, possession of your house is only one half the law...[:p][}:)][:D]0 -
quote:Originally posted by mateomasfeo
quote:Originally posted by select-fire
Mateo, maybe the Govt. is going to tear down my new home cause I didn't check out all the Mexicans who built it thru the Builder. I am losing sleep at night.
Remember, possession of your house is only one half the law...
Correcto... BUT the Wife owns the other half... [:0]0 -
quote:Originally posted by select-fire
quote:Originally posted by mateomasfeo
quote:Originally posted by select-fire
Mateo, maybe the Govt. is going to tear down my new home cause I didn't check out all the Mexicans who built it thru the Builder. I am losing sleep at night.
Remember, possession of your house is only one half the law...
Correcto... BUT the Wife owns the other half... [:0]
Probably owns more than that during a fault divorce!![;)]0 -
Goes. ping
D.0 -
You sure it isn't 9/10's of the law... Pong 0 -
quote:Originally posted by select-fire
You sure it isn't 9/10's of the law... Pong
Actually it's 37/438ths.0 -
quote:Originally posted by mateomasfeo
quote:Originally posted by select-fire
You sure it isn't 9/10's of the law... Pong
Actually it's 37/438ths.
[}:)][:D]0 -
quote:Originally posted by mateomasfeo
OK, now I get it. POW's or MIA's families need not worry about immigration or any other law. They should get leniency because of the situation the person they married is in. Was he drafted?
I personally think you are acting like hypocrits, and I don't want to ever hear from the leniency crowd about how "lawyers spin stories to get around the law." You guys are doing it now!
Almost EVERYTHING has gray in it if you look hard enough. Guess it's just a matter of whose ox is getting gored, eh?
Just cause a guy CHOOSES to go to Iraq and fight does not make him or his above the law.
She will get off though...
Come on, no one said that. What I said for the umpteenth time is, It wouldn't hurt anyone to wait until he is home and all the facts are known to take action. Don't put words I didn't say in my mouth. At least be honest enough to address the issue as it was raised without trying to spin it into something it isn't.
You're the one who mad the "lawyer spin" on this one.[;)]0 -
Heff -
Why won't you reply to my questions about my Kids' LEGAL immigrant spouses ??
Just curious
Doug0
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