Legal Commentary

Fighting For Your Citizenship

By Big Tent Democrat

NYTimes:

Lt. Kenneth Tenebro enlisted in the armed forces after the Sept. 11 terrorist attacks, signing up even before he became an American citizen. He served one tour of duty in Iraq, dodging roadside bombs, and he would like to do another. But throughout that first mission, he harbored a fear he did not share with anyone in the military. Lieutenant Tenebro worried that his wife, Wilma, back home in New York with their infant daughter, would be deported.

[. . .] Immigration lawyers and Department of Homeland Security officials say that many thousands of people in the military have spouses or close relatives who are illegal immigrants. Many of those service members have fought to gain legal status for their family members — only to hit a legal dead end created in 1996, when Congress last made major revisions to the immigration laws. Today the issue is not only personal. “It is an issue of readiness for the American armed forces,” says Representative Zoe Lofgren, the Democrat from California who leads the House subcommittee on immigration. “We have many Americans who are afraid to deploy.”

Mrs. Tenebro is snagged on a statute, notorious among immigration lawyers, that makes it virtually impossible for her to become a legal resident without first leaving the United States and staying away for 10 years. [. . .] The legal boomerang that snared her and many others was created in 1996, when Congress imposed automatic restrictions on illegal immigrants, barring them from returning for periods of 3 to 10 years after they leave the country, regardless of whether they were deported or left voluntarily.

Hey Joe Lieberman. Maybe you can deal with this citizenship problem.

Full post as published by TalkLeft on May 08, 2010 (boomark / email).