Soldier Who Served In Iraq May Be Deported

Military authorities will soon decide the fate of an illegal immigrant who became an Army soldier and served in Iraq. Army Pvt. Juan Escalante, 19, could be deported if he is discharged, according to a report this week in The Seattle Times.

Escalante was four when his parents brought the family into the country illegally from Mexico. Upon graduating from Chief Sealth High School in 2002, Escalante bought a fake U.S. residency card so that he could enlist. After completing basic and advanced training, Escalante was given the option of joining the rest of his unit deployed in Iraq, and he decided to go. At 18, he was the youngest member of his unit. He served in active combat in Iraq and Kuwait for four months.

Escalante is one of nearly 40,000 noncitizens who were deployed in Iraq, though it is not known how many may be illegal immigrants. Army spokesman Joe Burlas was quoted by the Times saying there are no undocumented aliens who have enlisted, but he later added, "If there are any illegal aliens in the Army, they have fraudulently enlisted. When they're caught, they are discharged from the Army."

It is known that another soldier, Jose A. Gutierrez, an illegal immigrant who was killled while serving in Iraq, joined the military after he entered the country illegally and lied to secure legal residency.

Army officials investigating Escalante's case wouldn't comment.

Advocates say the law has historically allowed noncitizens who have served honorably during a time of combat to be eligible for naturalization. President Bush signed an executive order in July that provides expedited naturalization for those active during Operation Enduring Freedom. According to West Point professor Margaret Stock, that would include illegal immigrants. But the soldier would have to be discharged honorably from the Army, something that may be in jeopardy due to Escalante's use of the false green card.

Around the time Escalante enlisted, his parents decided to contact immigration authorities in order to become permanent residents, under a law that allows undocumented people to gain legal status 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 be subject to extreme hardship if deportation were to occur.

Bernardo and Silvia Escalante have lived in the U.S. for 15 years and have two U.S-born children in school. Immigration Judge Anna Ho denied the Escalantes' petition, saying they failed to show how being deported to Mexico would cause a hardship on their younger children. The case was appealed to the Board of Immigration Appeals.