Undocumented Mexican Immigrant Becomes U.S. Citizen After Serving in the Military
Despite his status as an illegal immigrant, Daniel Torres knew he wanted to serve in the Marine Corps. After obtaining a false birth certificate, Torres successfully joined the Marines in 2007 and served in the Iraq War.
Three years into his military service, Torres lost his wallet and had to replace his identification. It was at this time that the DMV discovered his illegal status and informed his superior officers.
Torres was honorably discharged from the army. With no employment options and faced with a very difficult life in America, Torres applied for citizenship. Then he left the country in search of opportunity.
After being denied from the French Legion because of hearing damage incurred during his service in Iraq, Torres decided to return to Tijuana, Mexico, the city of his birth. Many deported veterans settle in Tijuana and in other regions of northern Mexico, usually with the help of the Deported Veterans Support House, an organization that offers resources to veterans and helps them acclimate to life in Mexico.
Although Torres wasn’t deported, his case has revived a debate about whether deported immigrants who have served in the military, many in the wars in Iraq and Afghanistan, deserve to stay in the U.S.
But Torres’s case is particularly unusual. Most deported veterans are legal residents who get deported because of criminal convictions. Torres, however, had no criminal record, nor was he ever a legal resident.
This past week, Daniel Torres became a U.S. citizen. He was eligible under special provisions of the Immigrant and Nationality Act that allow people who serve in the military during a period of hostility to become citizens. The special provisions waive other usual requirements for citizenship, such as lawful permanent residence and physical presence in the U.S.
Many are saying that Torres’s case is the first instance they have ever of where an immigrant who served illegally in the military is granted citizenship.
Currently, Torres is finishing up his last year of law school in Tijuana, where he has lived for the past five years. After he graduates in December, he hopes to return to the U.S., this time as a citizen, and enroll in law school here.
http://www.latimes.com/local/lanow/la-me-ln-immigrant-military-service-20160423-story.html
Undocumented Immigrant Students Blocked from School Registration and Denied Access to Educational Services
A recently released report conducted by Georgetown University Law Center has found that undocumented immigrant children often face long enrollment delays and have been turned away from schools because of arbitrary interpretation of residency rules and state laws.
The report focused on school districts in Florida, New York, North Carolina, and Texas.
Legally speaking, all children living in the U.S., even those who are here illegally, must attend school through at least 8th grade or until they turn 16. This law applies to all 50 states, with many states allowing students to enroll beyond that age.
But the report found that some school districts require elaborate paperwork that has kept immigrant children out of school, while lacking translation services to keep their families informed about the process.
Moreover, the Obama Administration’s deportation raids, aimed at deported tens of thousands of Central American families who arrived in 2014 due to a surge of violence in that region, have prompted some students to avoid school altogether for fear that they will be picked up by authorities.
But the law in the U.S. clearly states that no child may be excluded from public education. Public schools may request paperwork to establish a student’s residency, but they may not deny a student enrollment because of immigration status. The Department of Education says it is working to make sure that the right to education is protected and they have distributed resources in communities to try an address the issue.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.