Daily Kos

Deporting Soldier's Wife-No Problem-She's Illegal

Wed Oct 03, 2007 at 04:28:57 PM PDT

This case shows how out of whack the immigration system is.

While Petty Officer Eduardo Gonzalez is being shipped everseas for the third time, his wife Mildred is in danger of being shipped back to Guatemala. He told CNN "I like being in uniform and serving my country, but if she goes back I'm going to have to give it all up and just get out and take care of my son and get a job," and  "Defending the country that's trying to kick my family out is a thought that always runs through my mind."

In September United States Citizen Gonzalez testified before Congress that he is proud to serve, plans to reenlist but claims that he is unable to give 100% while he's worried about his wife and son being deported back to a country where she is not familiar with the culture, language or society.

According to the testimony, Mildred came to the U.S. with her family when she was 5 years old. The couple got married in 2001. She had been on her mothers application for legalization, and if she had waited to marry for 6 more weeks she would have had her green card in 2004, along with her mother's application. Ironically, because she married her soldier husband, she is now in deportation proceedings. Because of ignorance of our complicated immigration laws or because of bad advice, the rest of her life is in jeopardy. In June 2007 a judge gave Mildred a 1 year extension to remain in the U.S. Then she will have 60 days to voluntarily leave the country or face deportation.

This created a situation where Eduardo Gonzalez felt compelled to ask,
"If I can die for my country, then why am I not allowed to just be with my family?" Good question.

He also testified that there are many soldiers with the same situation, but that they are afraid to come forward because they fear the consequences. Imagine that. In kind of a surreal way, this reminds me of the Japanese internment during WWII (as portrayed in Ken Burns' documentary "The War").

Gonzalez also testified that he and Mildred are also worried that his testifying might have a negative impact on them, but they felt that by him telling their story it might help others in same situation. Talk about military Heroes.

Lt. Col. Margaret Stock, an immigration law teacher at West Point thinks there should a policy for dealing with the potential deportation of family members of active duty military members. Is she asking that our immigration laws make sense?

"You got to understand. When you're in a combat zone, you need to be focusing all of your energies on fighting the enemy. You can't be worried that your loved ones back home could be shipped off to a foreign country where you're never going to see them again," Stock said.

According to Stock, the government is supposed to be providing military families with assistance, housing and other benefits while their spouses are overseas, not deporting them.

"What's happening right now is, because of the dysfunction and complexity of our immigration laws, we've got people fighting overseas who are facing the impossible situation of having family members facing deportation back home," she said. Talk about another military Hero.

That's just fine with the anti immigrant Mark Krikorian, executive director of the Center for Immigration Studies, which lobbies for tougher laws on illegal immigration. He thinks this would be "amnesty for illegal immigrants who have a relative in the armed forces, and that's just outrageous," and it would be "letting lawbreakers get away with their actions just because they have a relative in the military. ... There's no justification for that kind of policy". Sounds like a few of the loud anti immigrant Dkos members. Doesn't it? " Is there such a word as Unhero?

U.S. Rep. Charles Gonzalez TX-20 put it perfectly when he explained "The immigration debate in our country has inaccurately portrayed and unfairly targeted the immigrant population in America.  This community has become a scapegoat for anti-immigrant sentiments and as a result, we've lost sight of the real problems with our broken policy.  As we move forward, we must set aside the hateful and polarizing political rhetoric that has dominated this debate and instead, focus on developing sensible, comprehensive solution to our immigration crisis". Couldn't have said it better myself.

Go Eduardo Gonzalez, go Lt. Col. Margaret Stock.  Fight the good fight. You're already heroes in my eyes.

Poll

Eduardo Gonzalez' wife Mildred

4%4 votes
6%6 votes
2%2 votes
4%4 votes
2%2 votes
2%2 votes
78%72 votes

| 92 votes | Vote | Results

Tags: immigration, undocumented, guatemala, military, justice (all tags) :: Previous Tag Versions

Permalink | 55 comments

  •  You were scooped... (0+ / 0-)

    and a long time ago...

    link

    It's the SUPREME COURT, Stupid!

    by ultrageek on Wed Oct 03, 2007 at 04:21:40 PM PDT

  •  It's funny. Whenever I do a poll about Undocument (4+ / 0-)

    Recommended by:
    Colorado Luis, Jeff Simpson, Jagger, mango

    Immigrants, between 20% and 40% of the votes are what I consider to be anti-immigrant. I always wonder if they're really progressives, or if they just come here to plant their conservative, Republican like votes and commentary.

    •  try a poll about the H-1B program (6+ / 0-)

      or even a legalization program, and you'll get 60-70% against it. Anti-immigrant readers are pretty fierce on this site.

      Yeah, her story sucks. Why ICE isn't exercising prosecutorial discretion (and dropping the case) is WAY beyond me. She came when she was 5 and was the beneficiary of an approved asylum application.

      Ridiculous.

      "People hate Bush and hate this war. It's that simple, and it's been true for quite some time" - Atrios

      by atrexler on Wed Oct 03, 2007 at 04:42:36 PM PDT

      [ Parent ]

      •  Somebody must think they get more votes for being (2+ / 0-)

        Recommended by:
        Jagger, Ferrofluid

        tough and enforcing the law as it is.

      •  I'm not that interested in the plight of H visa (1+ / 0-)

        Recommended by:
        Jagger

        holders. I'm more concerned for the ones that are here with their families and are part of the community.  But it seems the business lobby is wanting cheap temp. workers as part of the compromise in comprehensive immigration reform.

        •  I understand criticisms of the H-1B program (0+ / 0-)

          but many of them are here with their families too and have been part of the community for the past 3-10 years or so. It's not exactly an apples/oranges comparison.

          "People hate Bush and hate this war. It's that simple, and it's been true for quite some time" - Atrios

          by atrexler on Thu Oct 04, 2007 at 08:10:20 AM PDT

          [ Parent ]

          •  That's true. And lots of them have the skills (0+ / 0-)

            that American business needs to be successful and compete. But it seems they already are very organized and successfully lobby Congress to get what they want. I feel that the undocumented immigrant is a much more serious problem. They have less power and are afraid and suffering. And their suffering affects us all. If brainy high school grads can't go to college they'll get stuck in dead end jobs. People will default on mortgages and be unable to pay for rent, food, medical care and the basics. And just think of the people who's parents, wives, husbands, children and families are torn apart.

            •  that's absolutely true (1+ / 0-)

              Recommended by:
              immigradvocate

              I try to do a bit of advocacy and work for both in my practice, but yes, there are many more working for the H-1B workers than the undocumented.

              "People hate Bush and hate this war. It's that simple, and it's been true for quite some time" - Atrios

              by atrexler on Sun Oct 07, 2007 at 09:40:53 PM PDT

              [ Parent ]

      •  Forget ICE, ask Gonzo. (heh) (0+ / 0-)

        Attorney General Gonzales is responsible for the immigration courts, which have the power to order the woman deported or given a Green Card.

        Sounds to me like this would be a good question for the next AG's confirmation hearings. (Mental note taken.)

        --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

        by opendna on Wed Oct 03, 2007 at 05:28:56 PM PDT

        [ Parent ]

        •  well, if she's here illegally (1+ / 0-)

          Recommended by:
          opendna

          and if ICE wants to push it, the immigration courts have to go with it absent a waiver or some other form of relief. ICE really should be the ones to drop it.

          "People hate Bush and hate this war. It's that simple, and it's been true for quite some time" - Atrios

          by atrexler on Thu Oct 04, 2007 at 08:08:53 AM PDT

          [ Parent ]

    •  Remember, anyone can vote in polls. (3+ / 0-)

      Recommended by:
      roses, Jagger, immigradvocate

      You don't need to be a registered user, so I'm sure it attracts freeper trolls.

      Now, go spread some peace, love and understanding. Use force if necessary. - Phil N DeBlanc

      by lineatus on Wed Oct 03, 2007 at 04:43:51 PM PDT

      [ Parent ]

    •  i love immigrants - and Despise ILLEGAL ALIENS... (0+ / 0-)

      yet I am way to progressive to even allow the word "Democrat" to be associated with me anymore...

      SO - are you insinuating that I am a RETHUG simply because I don't believe in the practice of rewarding, encouraging and supporting the ever burgeoning ILLEGAL ALIEN presence and drain on every imaginable resource in the United States of America?

      or because I believe that the U.S. should limit immigration - even legal immigration - like virtually every other country on earth?

      It just amazes me how anyone against ILLEGAL IMMIGRATION is labeled bigot, heartless, anti immigration, anti "brown skinned peoples", insensitive to children {despite that they are here ILLEGALLY} - and whole host of other short sighted bullshit.

      WHY? - and then I or anyone that shares these views get accused of being a freeper???

      WTF is that about?  

      ANTI ILLEGAL ALIEN is NOT THE SAME AS ANTI IMMIGRATION, HATEFUL, BLAH BLAH....

      WANTING REALISTIC LIMITS ON IMMIGRATION IS NOT "ANTI IMMIGRATION, RACIST, BLAH BLAH....

      I collect and drive antique cars, all of which use tremendous amounts of fuel, and none have smog controls; does that mean that I am "anti enviornment"?

      I really am amazed about the above.
      and YES DAMMIT - I feel bad for the woman - even just as a humanitarian; that situation is disgusting, and should reversed in this case because hubby is serving the country -  but I still don't believe in rewarding law breakers - especially on the subject of ILLEGAL ALIENS.
      If I did, I'd support giving amnesty to thieves - maybe they were oppressed somewhere at some time and "just trying to make their lives better for their families", or carjackers - after all, maybe they came from a poor country and can't afford insurance and a car of their own, and with mass transit such a joke in the U.S., you just have to have a car ...

      I own guns - am I pro murder? {despite being an HONORABLY DISCHARGED conscientious objector!}

      How does THIS TOPIC get so deliberately convoluted????

      Why should my girlfriend - WITH A PHD IN MOLECULAR BIOLOGY FROM THE UNIVERSITY OF ROME, ON THE FACULTY OF CITY COLLEGE OF NY, HAVE TO SPEND OVER FOUR YEARS AND SEVERAL THOUSAND DOLLARS - AND STILL NOT HAVE A GREEN CARD?

      sorry! - but trust me - our situation is only a VERY small part of my distaste for ILLEGAL ALIENS ... while I absolutely DO embrace immigrants - in sharply limited numbers, of course...

      "In Occupied Palestine the situation there is 100 times worse than it was in APARTHEID South Africa" Ron Kasrils South African Cabinet Minister Jun2007

      by Politically Incorrect Liberal on Wed Oct 03, 2007 at 05:42:30 PM PDT

      [ Parent ]

    •  I voted for knowing better than get married (2+ / 0-)

      Recommended by:
      mariachi mama, immigradvocate

      ... but only because I thought it was funny.

      You shouldn't take the polls to seriously.

  •  Although scooped, (1+ / 0-)

    Recommended by:
    atrexler

    in the future, it helps to blockquote citations from articles so that it's clear what's yours and what's not your own words.

    My signature beat up your signature.

    by Stand Strong on Wed Oct 03, 2007 at 04:40:24 PM PDT

  •  For a long time, I thought "is there no end (5+ / 0-)

    ... to their stupidity?" and "Can they go any lower?"

    About five years ago, I realized that the answers were "no" and "yes".  I stopped wondering, and just started swearing a lot more.

    Please update us if there is legislation we can support.  

    Now, go spread some peace, love and understanding. Use force if necessary. - Phil N DeBlanc

    by lineatus on Wed Oct 03, 2007 at 04:41:47 PM PDT

  •  ICE is notorious for its incompetence (2+ / 0-)

    Recommended by:
    opendna, lineatus

    and moral bankruptcy.

    In this case, it didn't have to take action at all. I suggest that we figure out who this couple's Congressional representatives are and contact them so they can advocate for her.

    •  Not really ICE (FYI) (2+ / 0-)

      Recommended by:
      redcardphreek, mariachi mama

      CIS issues Green Cards and the Department of Justice houses the immigration judges.

      ICE just chases people down and brings them before the judge. If Mildred ran away, then it would be ICE's problem, but until that happens (and they take care of the higher priority cases) they're kinda irrelevant.

      --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

      by opendna on Wed Oct 03, 2007 at 05:25:34 PM PDT

      [ Parent ]

  •  Even if she was not married to a soldier (5+ / 0-)

    I fail to see how she should be punished with deportation when her parents brought her here when she was 5. As if she had a choice!

    Adding the fact her husband is in the US military, and the crazy law that made her face this just for getting married is obscene.

    I wonder if we will ever get a logical and fair immigration law....seems unlikely in the near future.

    And who are the THREE people who think this woman deserves to be deported? If you are not ashamed, why not post your point of view?

    01-20-09: THE END OF AN ERROR

    by kimoconnor on Wed Oct 03, 2007 at 04:45:49 PM PDT

  •  The law's fine, it's not being used (1+ / 0-)

    Recommended by:
    Jagger

    On the available information Mildred Gonzalez qualifies for an immigrant visa several times over and for a nonimmigrant visa pending the issuance of a Green Card.

    The immigration judge has the authority to make her a CITIZEN on the spot, and it would be routine for to order she be issued a Green Card under existing law.

    Bad legal advice? Probably. Sounds like a judge isn't reading the cases very carefully either. CIS has evidently dropped the ball too, and the Army clearly needs to beef up the quality of its immigration advisors.

    We don't need a new law to get justice for Petty Officer Eduardo Gonzalez and his family: we need the existing law to be intelligently applied.

    [I assume here that there is not some critical piece of information missing, like multiple convictions for selling Crack Cocaine, which would make giving Mildred a Green Card very difficult.]

    --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

    by opendna on Wed Oct 03, 2007 at 05:22:45 PM PDT

    •  Are you sure about that? (1+ / 0-)

      Recommended by:
      opendna
      •  Yep. (2+ / 0-)

        Recommended by:
        Jagger, StrayCat

        It's all there in  Sec. 245. of the Immigration and Nationality Act [8 U.S.C. 1255]. (Which, I grant you, is not an example of clear writing.)

        Immigration judges regularly order Green Cards issued in much (MUCH!) less worthy cases than this one.

        IIRC, the CR6 and IR6 immigrant ("Green Card") classifications are defined in the law for people like Mildred.

        --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

        by opendna on Wed Oct 03, 2007 at 05:43:43 PM PDT

        [ Parent ]

        •  What would be the basis for the judge to issue (2+ / 0-)

          Recommended by:
          opendna, Jagger

          the Green Card. Doesn't the judge need a legal basis?

          •  Nope, but there is a basis in this case. (3+ / 0-)

            Recommended by:
            superscalar, Jagger, mariachi mama

            Sec 245(d-e) specifically allows the "Attorney General" (which means his Immigration Judges) the authority to adjust the status of someone like Mildred in a case like this one.

            The legal basis in this case is obvious to all of us: legitimate spouses of US Citizens should be given Green Cards. (*)

            Petty Officer Eduardo Gonzalez is a US Citizen. Mildred Gonzalez is legitimately married to the Petty Officer. Therefore, Mildred should be given a Green Card. The law specifically exempts people like Mildred from the usual hoops and barriers to getting a visas (like enter the US or working illegally).

            In pactice, immigration judges have almost absolute authority to grant immigration benefits. Yes, they need to cite a legal basis, but judges can be pretty creative that way. Barriers to adjustment of status can be waived for "humanitarian purposes, family unity, or when it is otherwise in the public interest" among other reasons. (Trifecta, right there, I'd say.)

            (*) By "legitimate" I mean "not committing marriage fraud in order to obtain an immigration benefit".

            --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

            by opendna on Wed Oct 03, 2007 at 06:28:09 PM PDT

            [ Parent ]

            •  I think the problem was she couldn't prove her (1+ / 0-)

              Recommended by:
              opendna

              legal entry. I think you need to show that.

              As for the Humanitarian and Pubic Interest visas, can the judge just give them out? Or does Immigration CIS have to go along with the  plan?

              •  She doesn't need legal entry. (1+ / 0-)

                Recommended by:
                Jagger

                Entry without inspection (including all manner of "illegal entry") is one of the things waived for spouses of US citizens in the code I cited.

                As for the power of the judges, I find it's helpful to assume that - inside the courtroom - the laws of physics conform to their demands. I think of CIS as a bit like the Court Clerk: Judges usually do what the Clerk suggests, but the Judge has the power to decide, not the Clerk.

                We're getting pretty far outside my area of competence, but as I understand it:

                CIS has no veto over the judges, but there is an appeals panel within the DOJ and the civil judiciary (9th Circuit, etc) could over-rule an immigration judge. The Attorney General has a theoretical veto because the judge's power derives from the AG. (But how bad a situation are you in that the Attorney General himself reaches down from Washington DC to prohibit you from getting a Green Card?)

                --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

                by opendna on Wed Oct 03, 2007 at 07:06:50 PM PDT

                [ Parent ]

                •  Well, I guess if you're right, there might be a (1+ / 0-)

                  Recommended by:
                  opendna

                  happy ending someday. I hope Eduardo keeps safe.

                •  This is misleading (2+ / 0-)

                  Recommended by:
                  opendna, immigradvocate

                  Marriage to a U.S. citizen does not automatically give you legal status. If an undocumented person entered the U.S. without legal entry and then marries a U.S. citizen, the undocumented spouse is subject to the 10 year bar.

                  There are other issues in this case, but generally speaking, marriage to a U.S. citizen doesn't give you legal status unless you entered the country legally, for example on a tourist visa.

                  •  Thanks for the comment. I guess Mildred didn't (1+ / 0-)

                    Recommended by:
                    opendna

                    have a tourist visa.
                    I wonder if there is an exception to the "generally speaking" rule.

                  •  This is a true thing. (0+ / 0-)

                    Marriage to a U.S. citizen does not automatically give you legal status.

                    Marriage to a US citizen does not give you legal status under any circumstances, but it does qualify you for many of the exceptions others can only dream about. (A tourist visa is a nasty avenue too, btw. Properly done it's a K1 or a K3.)

                    The only thing that gives one legal status is properly issued documents.

                    ...re-reading 245(i), I get the impression that it won't apply in this case because they missed the application deadline (2001). That is a section of law that could/should be updated to eliminate a lot of these stupid cases. Guess I should go vote in the poll now. =^)

                    --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

                    by opendna on Wed Oct 03, 2007 at 08:25:55 PM PDT

                    [ Parent ]

                    •  well isn't this a good (1+ / 0-)

                      Recommended by:
                      opendna

                      reason why we need to do a total makeover on immigration law?  I appreciate your informed comment, opendna.

                      •  TOTAL "makeover" works for me: No more "reform". (0+ / 0-)

                        I guess I feel that if we're going to do immigration "reform" that we should either (a) touch up what we have with tiny changes, or (b) wipe the slate clean and start over.

                        What we usually see in "reform" proposals is grafting new laws and programs onto something which is already complicated, unweildly and overtaxed.

                        So many of the outrages are because the system has more documentary requirements than there are resources to process documents, because communication is literally a paper chase, and because the pubic and High-Ups mandate results without considering the means required (e.g. "end catch-and-release" turning into Halliburton-run "concentration camps").

                        Other problems are Catch-22s or Brazil moments resulting from too many different agencies being involved, or too many reforms driven by political events.

                        There's the big fat question of what it is we want our system to do. Things which should be easy are very hard, and things which should be hard are easy. People who should be rewarded are obstructed while those who should be punished are protected. These things aren't going to be fixed with a new round of "reform" which creates new sets of exceptions, new visas, or new programs for carefully defined groups within the existing framework. That approach will leave us right back where we are now, with even more complicated paths to justice.

                        If Duke1676 were to announce an 'Energize America' effort for immigration reform, I'd sign-on. IMHO, we should strip the law down to definitions and start over.

                        --- "opendna is high and just makin' shit up outta nowhere." - greenskeeper

                        by opendna on Fri Oct 05, 2007 at 01:47:15 AM PDT

                        [ Parent ]

                        •  I agree we need total reform, but (1+ / 0-)

                          Recommended by:
                          opendna

                          sometimes you have to take less that perfect. The Dream Act is a good first step and it's looks like Congress might have the fortitude to get it done this Fall.

                          And Duke1676 is always  announcing efforts to energise America about immigration reform in his Diaries and his blog, Migra Matters. Sign on. But one person alone does not bring change. We all have to do our part.

                    •  So to be clear (2+ / 0-)

                      Recommended by:
                      opendna, mariachi mama

                      245(i) was reauthorized on Dec. 21, 2000.
                      You must have filed an application by April 30, 2001.

                      One of 245(i) provisions gave people who entered the U.S. without inspection (like coming through the desert) the ability to adjust their status to a legal status through a relative.

                      As things are today, if you entered without inspection (illegally) you don't have a real path to obtain a legal status even if you married a U.S. citizen. The undocumented person would be ineligible until after they served the 10 year bar outside of this country.

                      There is a similar story here:
                      http://migramatters.blogspot.com/
                      Its titled:  Good immigrants/bad immigrants

                      Media attention is what can change the deportation outcome.

  •  Heres a crazy thought (1+ / 0-)

    Recommended by:
    JDWolverton

    How about the USA takes care of Soldier's S.O.s ?
    Put your ass on the line for us , we take care of you and yours ? Crazy ?

    "The fussy armchair jackboots who live here 24/7, tossing around their cool "donut" slang are the rather pathetic souls at the root of the problem."

    by indycam on Wed Oct 03, 2007 at 06:27:17 PM PDT

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