Army says illegal-immigrant soldier can stay

In a widely watched immigration case, the Army yesterday said it will assist Pvt. Juan Escalante, of Seattle, an illegal immigrant and veteran of the Iraq conflict, in securing legal status to remain in the United States.

Richard Olson, spokesman at Fort Stewart, Ga., called Escalante "a good soldier and a value to the Army."

"The intent of the command is to resolve this to the benefit of all parties concerned," Olson said.

An executive order signed by President Bush last year allows noncitizen soldiers who have served honorably during Operation Enduring Freedom to apply for U.S. citizenship.

That order also applies to illegal immigrant soldiers like Escalante, said Margaret Stock, professor of law at the U.S. Military Academy at West Point.

Under the order, Escalante, 19, would avoid the lengthy process of having to get a green card before seeking citizenship, Stock said.

Some 10,000 soldiers and sailors have applied for naturalization under the presidential order, according to the Bureau of Citizenship and Immigration Services, the successor to the Immigration and Naturalization Service.

Applications from military personnel are typically reviewed within six months, an immigration official said.

In Escalante's case, however, officials at Fort Stewart have not yet ruled whether he will be disciplined for using a fake green card to enlist, Olson said.

Escalante was born in Mexico and illegally crossed into the United States as a 4-year-old with his mother. He grew up largely in Seattle, graduating from Chief Sealth High in 2002.

Shortly after graduation, he said he paid $50 for a fake green card and signed a four-year contract with the Army. Upon his arrival at Fort Stewart in the spring, he volunteered to go to Iraq after the rest of his unit had been deployed. He served in Kuwait and Iraq for four months.

Escalante described his military future as positive.

"They told me yesterday (Wednesday) there's no problem with me staying in," Escalante said from Fort Stewart. "I feel good."

Escalante is a member of the 1st Brigade of the Army's 3rd Infantry Division, which was cited for valor last month by Bush. The division launched the ground invasion that began the Iraq war. It also suffered the greatest losses: 38 soldiers were killed.

In an interview last month with The Seattle Times, Escalante said he enlisted in the military to finance a college education. Asked if he had enlisted to become a citizen, he replied, "If I really wanted to, I could have gotten married to an American."

Since the conflict in Iraq began, Bush and others have noted the contributions made by the 37,000 immigrant, or so-called green-card soldiers. Escalante is a no-card soldier, a type military officials and others have repeatedly said aren't present in the armed forces.

Escalante speculated there may be others like him. "If I did, then it probably can be done," he said last month while at his Seattle home, having just returned from Iraq.

"We've learned that there are other people who are serving, who are scared to death that they'll be discovered," said Jane Sanders, district director for U.S. Rep. Jim McDermott, D-Seattle, who has taken an interest in Escalante's case.

"It only stands to reason he's not the only one."

Meanwhile, a deportation case involving Escalante's parents remains unresolved. Seattle immigration Judge Anna Ho denied a petition this year for legal permanent residency filed by Bernardo and Silvia Escalante, who have lived in the country for 15 years.

They appealed to the Board of Immigration Appeals. But the couple's attorney, Glen Prior, of Fife, said if Juan secures citizenship, he would bring the deportation case back to Ho for reconsideration.

Florangela Davila: 206-464-2916 or fdavila@seattletimes.com