BOSTON, June 20, 2007

Missing Soldier's Wife Faces Deportation

As Military Searches For Kidnapped Soldier In Iraq, U.S. Threatens To Send Wife Back To Dominican Republic

  • Army Spec. Alex Jimenez

    Army Spec. Alex Jimenez  (AP Photo)

(CBS/AP)  While the U.S. military searches for a soldier missing in Iraq, kidnapped by insurgents possibly allied with al Qaeda, his wife back home in Massachusetts may be deported by the U.S. government.

Army Spec. Alex Jimenez, who has been missing since his unit was attacked by insurgents in Iraq on May 12, had petitioned for a green card for his wife, Yaderlin Hiraldo, whom he married in 2004.

Their attorney, Matthew Kolken, said 23-year-old Hiraldo illegally entered the United States in 2001 to reunite with her husband, whom she had met in her native Dominican Republic and later married at his New York State Army base in 2004.

Her husband's request for a green card and legal residence status for his wife alerted authorities to her status, Kolken said.

She now faces deportation, reports CBS station WBZ correspondent Beth Germano, and would be barred from applying for a green card for 10 years.

Her attorney is seeking a hardship waiver, which so far the government won't grant.

"I can't imagine a bigger injustice than that, to be deporting [the wife of] someone who is fighting and possibly dying for our country," Kolken told WBZ.

All this comes as the military continues to search for Jimenez and another soldier, Pvt. Brian Fouty, missing in Iraq since May 12, the only trace an ID card found during a raid on an al Qaeda safe house.

"She may never be able to return to the United States, to visit her husband's grave if necessary," Kolken said.

Their third wedding anniversary was last week.

An immigration judge has been sympathetic, putting the case on hold since Alex Jimenez was reported missing. But her case is in limbo, and her future in this country uncertain.

She is currently with family members in Pennsylvania.

Sen. John Kerry, D-Mass., has asked federal immigration officials not to deport Hiraldo.

In a letter to Homeland Security Secretary Michael Chertoff, Kerry said the grief and stress being felt by Hiraldo should not be compounded by worries about her immigration status.

"Under no condition should our country ever deport the spouse of a soldier who is currently serving in uniform abroad," Kerry said. "I feel even more strongly in this case, given the terrible uncertainty surrounding Army Specialist Alex Jimenez."

In his letter, Kerry urged that no action be taken against Hiraldo while her husband remains missing.

"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," he wrote.

© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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by sarahiqueen May 4, 2009 12:13 PM EDT
Why are us human beings do discriminating, i am seeing alot of the comments and no one seem to have syphaty for this poor lady that is missing her husband, first of all , the Whole United states was build on immigration, second of all , theres a part of the constutition that says " All Men and Woman are created equal" Ot no where says all men and woman with legal residency or a social security number are all created equal. Were is your human compassion, it doesnt matter when or where they got married, it doesnt matter where she is from, what matters is that she is a human being in suffernebt for a loved one, a loved one who is missing serving for this country , this country that is treathing her of leaving what is know her home, leaving the chance of havibg her husband close to her, dead or alive, and i pray to god he is alive. Have a little bit of human kindness in your self, put away the borders the paper, everything and think like a human being.
Reply to this comment
by whobub June 21, 2007 10:32 PM EDT
For andf22 post at 01:32 PM : Jun 21, 2007 where you state ". .No one seems to care about the 2 border patrol agents who are in jail. ."

I think many DO care, but that's not what this article/thread was about. These agents should be found to be not guilty or an injustice will have occurred indeed--but that's another thread. Since the (this) article focuses on the wife of an enlisted U.S. soldier (not an officer as you stated), unless she was involved in the border agents' demise, it is moot herein.

Further discussion on this article is now essentially moot as well as the news shows this wife will not be deported at this time.
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by CUBANOGM June 21, 2007 9:57 PM EDT
For anybody that doesn't know its history. California was native american first, then spanish took over it, then when Spain got out, Mexico claimed it and then the USA claimed it last, actually paid Mexico for it, it actually did pay for it, money exchange hands between the countries. So, if anybody is going to claim it, the last one is the owner. The aztecs never controlled California or any of the Southwest nor any of the old mexican tribes did either. So if anybody wants to go back enough is either the native american tribes of California or Spain the ones that have any rights. So California is not Mexico nor will ever be.
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by CUBANOGM June 21, 2007 9:46 PM EDT
I came here legally and I'm thoroghly against ilegal immigration since the immigration officer of the first country (Mexico) I ask asylum on told me to go back to my country to get put against the wall and shot. But in this case this lady should be given her permanent residency ASAP. Her husband certainly paid for it. It will be an injustice if she doesn't get it. What surprises me is that Sen. Kerry didn't make an effort thru Congress to get this lady the residency. He can thru an act of Congress specially for her. Her lawyer should look into this.
Reply to this comment
by rudy654-2009 June 21, 2007 8:44 PM EDT
"It just highlights the big picture here. Its better to break the law rather than try to follow it or enforce it."

Did the founding fathers break any laws that you can think of?
Reply to this comment
by andf22 June 21, 2007 4:32 PM EDT
What an irony. Everyone seems to be on the bandwagon to bend the rules so that she can stay in the US because she was married to an army officer.
No one seems to care about the 2 border patrol agents who are in jail for 10+ years for trying to protect our borders from drug smugglers.

It just highlights the big picture here. Its better to break the law rather than try to follow it or enforce it.
Reply to this comment
by rudy654-2009 June 21, 2007 3:29 PM EDT
"I don't know if I'm a nativist or not but my ancestors (my mother and my paternal grandparents) arrived in this country as legal immigrants with all the proper paperwork."

First of all, before your Euro-immigrant mother and grandparents ever came here, there were over 500 nations here first. No one asked about their laws or cared. So, yes, even your immigrant ancestors, who don't only include your mother and grandparents, came here without a "visa" or permission. That is why you are hypocrits on this matter. Second, for years immigration was hardly a problem in America, because virtually no laws existed on the matter. One merely had to arrive and was considered a citizen on the spot. Then, people started getting upset about the undesirable immigrants that were arriving, after all, they didn't fit their idea of what are truly "beautiful" people. Then immigration laws became harsher and over time even more so. It used to be that just being married to an American made the immigrant an automatic citizen. Now, the only people who can even apply and get consideration are the very rich and highly educated. Most of the ancestor immigrants of Americans today would not have been able to come here had those laws been in place in their time.
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by norcim June 21, 2007 1:17 PM EDT
This is one time I think there should be an exception to the blanket rule.
I have known many service members who were not full citizens while they served. When they got out they had to jump through hoops to explain why they were in this country for so long without becoming a citizen. I thought it was *** then and still do. There should be no easier test for citizenship then to serve honorably in the military.

Part of the article doesn't seem to make sense. If they got married in 2004 how did she enter the country to reunite with "her husband" in 2001?

Either way, I don't see any particular need to give her any more grief now. In my opinion she should be allowed to pursue citizenship as if she came her legally. Her husband has earned that for her.

To all those jumping on this bandwagon:
"I wish you nativists would get your history straight. Unless you are a pureblood Native American, your ancestors were immigrants who arrived without visas. You and people who agree with you are hiding behind legalisms to mask your prejudice and fear of people you don't consider to be like you."
I don't know if I'm a nativist or not but my ancestors (my mother and my paternal grandparents) arrived in this country as legal immigrants with all the proper paperwork. So as far as that goes my history is pretty straight.

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by andrew_693 June 21, 2007 9:41 AM EDT
The question is why are american soldiers marrying illegal immigrants, how did that get past the army? a lot of them come back from eastern europe married to prostitutes, or from korea the same way.
Reply to this comment
by whatithink-2009 June 21, 2007 8:50 AM EDT
I wish you nativists would get your history straight. Unless you are a pureblood Native American, your ancestors were immigrants who arrived without visas. You and people who agree with you are hiding behind legalisms to mask your prejudice and fear of people you don't consider to be like you.
Posted by leomoore

- Actually Native Americans came here without a visa as well...via the Bering Straits.

Reply to this comment
by cellac-2009 June 21, 2007 5:59 AM EDT
Dirtydog, I tried to check out the webpage that you cited but was unable to. I'm at work and I was denied access to the site based on it being categorized as "HATE AND DISCRIMINATION".

Wonder why.
Reply to this comment
by dirtydog55 June 21, 2007 5:00 AM EDT
Regardless of the immigration problem, this woman is the wife of an American soldier and she deserves to be accorded the same rights as any other spouse of an American warrior.

But, on the other hand, our government does not have a good track record for treating its warriors with respect and dignity.

Reply to this comment
by dirtydog55 June 21, 2007 4:50 AM EDT
"I wish you nativists would get your history straight. Unless you are a pureblood Native American, your ancestors were immigrants who arrived without visas. You and people who agree with you are hiding behind legalisms to mask your prejudice and fear of people you don't consider to be like you." I don't think anybody has said it better than you!!!!!!" Posted by rudy654 at 12:00 AM : Jun 21, 2007 and by leomoore before that
_________________________

Yeah, back when the land was lawless about immigration. LOL!!

Why don't we just open our borders and let anyone and everyone in who wants in? LOL!!!

Maybe you and "people like you" should read up on "Atlan." LOL!!!!

You and "people like you" would be surprised who some members of "Atzlan" are. LOL!!!!!

Mexican car signs in Los Angeles: "F*** You, this is still Mexico" ROFLMMFAO!!!!

www.criminalgovernment.com/docs/rel/atzlan.html



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by rudy654-2009 June 21, 2007 3:00 AM EDT
"I wish you nativists would get your history straight. Unless you are a pureblood Native American, your ancestors were immigrants who arrived without visas. You and people who agree with you are hiding behind legalisms to mask your prejudice and fear of people you don't consider to be like you."

APPLAUSE!APPLAUSE!APPLAUSE! APPLAUSE! APPLAUSE!

I don't think anybody has said it better than you!!!!!!
Reply to this comment
by poodle1979 June 21, 2007 2:47 AM EDT
I truly understand your anger towards illegals, but again this is very sad. Imagine him in Iraq, knowing he can't provide safety for his own family back home. It's just sad, he did try to legalize her after all.
Reply to this comment
by down-ndirty June 21, 2007 2:29 AM EDT
"Hey, rules are rules. I could care less if she's married to someone in the military. She's an illegal immigrant and she should be deported." andycyber@aim.com Posted by phoenixandy at 11:08 PM : Jun 20, 2007
____________________

Yeah, andy. And I bet you are one straight-laced MF who obeys ALL the rules.

If you can treat the wife of a missing soldier so coldly then you have no heart nor soul.

I'm definitely not for legalizing 12 million illegals just because they happen to be here when a weak-t.i.t administration wants to give them citizenship. On the other hand, I'm also not in favor of "blanket laws" that apply to everyone regardless of mitigating circumstances.


Reply to this comment
by phoenixandy June 21, 2007 2:08 AM EDT
Hey, rules are rules. I could care less if she's married to someone in the military. She's an illegal immigrant and she should be deported. Her husband is just as guilty as she is for bringing that illegal immigrant to my country. If he's still alive, he could always visit her in the Dominican Republic. If he's not, too *** bad.

I'm even more outraged that illegal immigrants always try to come up with excuses for waivers to stay in my country illegally.

andycyber@aim.com
Reply to this comment
by whobub June 21, 2007 2:07 AM EDT
Clairfy 4 MCDAZZ-as it doesn't deserve a response, but set the record straight. Tell us which part was hypocritical. I never said to "pretend anything %u201D or to NOT practice your free speech (which you did so eloquently BTW), nor did I condemn the article.

Read "quit the ******** at each other"-try 2 garner more constructive input. We need more facts, not name calling or anger-based rhetoric. If you ever did get your way to "..deport morons like you%u201D the very backbone of our society (like many veterans in this and other threads) would not be there that allow you to ramble in practicing free speech. Thank a veteran.

And to cfin5-I agree with you. Chances are he enlisted to make her chances even better to stay here. Those are the type of citizens this country needs. But the other 11.99 million-if they all want to join the military? Let's think about that if they cut the mustard. Many of us owe our lives to immigrants that entered the military in ALL of our wars, conflicts, and police actions--only in hopes of living through a war to gain citizenship.

In closing, MCDAZZ-your input was non-constructive toward the purpose of this media & you overall portrayed yourself as an angry person. You are just the type that want to argue. I hate to say it, but my dad had it right all along: "Some people talk just to hear their head rattle". Please tell me you won't be one of those.
Reply to this comment
by aicohnx2 June 21, 2007 2:01 AM EDT
Bloodlet

My political views would best be described as libertarian. I cut my teeth on Mill's "on liberty" and quite enjoyed nozick as well. I have always voted republican because I vote my pocket book, I don't find the republican stands on social issues too offensive (until now, that is), and because I think it will be a cold day in h&ll when the libertarians can actually win an election.

In truth, there are others like me in the republican party. Not all of us ascribe to the social agenda of the party. For us, the republican party is a marriage of convenience. We're in "the big tent". But what George Bush has done to civil liberties in this country is deeply offensive to me & would be to anybody who holds the political views I hold. I'm not the only one.

I have no idea who I'll vote for next time. I probably just won't vote for the first time since I've been old enough to do so. Bill Richardson seems to have his head screwed on straight, but again that is likely a wasted vote just as voting for a libertarian would be.
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by down-ndirty June 21, 2007 1:54 AM EDT
Just one more story of how the government phuckks the military. This has been going on since before Reagan, but Reagan performed the ultimate "phuckking" when he signed the USFSPA act.

Neither the democrapps nor the repugnicants give a rat's asss about the welfare of the military...until it's time to use the military to protect their own wealth and possessions.

A country that treats its military badly can not reign for very long as a world power. In that regard I think we are in a down-ward spiral.

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