thedrifter
11-27-05, 06:43 AM
Los Fresnos graduate sues after military application denied
Mexico native says citizenship status should not be a factor for service
BY SERGIO CHAPA
The Brownsville Herald
November 27, 2005 — A Los Fresnos man has sued the U.S. Department of Defense after he says he was kept from joining the U.S. Marines because he is not a U.S. citizen, yet.
Juan Humberto Cortes Hutrera, whose age is unknown, is an undocumented immigrant applying for legal status and asking to serve his adopted country.
In his recently filed federal lawsuit, Cortes states that his family moved to the United States from Mexico when he was 12 years old. He graduated from Los Fresnos High School in May and tried to join the Marines in September.
Cortes claims he is qualified to join the Marines and has undergone several exams for admission to the service. He believes recruiters turned him away because of his citizenship status.
He is suing the Defense Department simply for the right to enter the military.
Under federal law, only U.S. citizens and legal permanent residents can join the Armed Forces during a time of peace. During a time of war, those rules can be more loosely interpreted.
Cortes could not be reached for comment Friday. His attorney Marlene Dougherty said her client should be allowed to serve in the Marines because he is in the process of applying for legal residence and because the armed conflicts in Iraq and Afghanistan dissolve the peacetime enlistment clause.
“We need more soldiers at a time of conflict and declining recruitment, instead of turning away qualified and tested individuals,” Dougherty said. “Here we have a qualified person whose allegiance is to the United States. Regardless of my beliefs about the war, we have someone who is qualified and willing to serve.”
In fiscal year 2005, five of 10 military components — the Army, Army Reserve, Army National Guard, Air National Guard and Navy Reserve — fell short of their recruiting goals from 8 percent to 20 percent, according to a Government Accountability Office report released Nov. 17. The Marine Corps met its recruitment goal, the report shows.
In the previous four years, there were no recruiting shortfalls.
U.S. Marines regional spokeswoman Pauline Franklin said any recruit must meet basic age, education, mental, physical and moral requirements to join the Corps.
“The fact that we’re dealing with a non-citizen makes no difference,” she said of basic requirements.
But Franklin said under current guidelines, recruits do not have to be American citizens but must have “the proper immigration status” to enlist.
According to the U.S. Marines Military Personnel Procurement Manual, an immigrant recruit must show proof of address, an established home of record in the United States and present a properly documented I-94 Arrival/Departure Record or other immigration documents to enlist.
“These requirements have been the same before we went to Iraq, and they have not changed since,” Franklin said.
It was not clear what, if any, immigration documents Cortes had as of press time Friday.
December 2004 figures from the U.S. Department of Defense show approximately 69,300 foreign-born men and women are serving in the U.S. Armed Forces, accounting for slightly less than 5 percent of all military personnel.
The Migration Policy Institute counts 10,340 foreign-born men and women serving in the Marines as of December 2004.
The report shows that immigrants from Philippines make up the largest single group of foreign-born recruits followed by men and women from Mexico, Jamaica, South Korea and the Dominican Republic.
Fifty-eight troops have been granted posthumous citizenship since the Iraq war began in 2003, including three Rio Grande Valley men killed in service.
Franklin said the issue of immigration status is discussed routinely while recruiting in South Texas and along the border.
Although exact figures were not available, Franklin said the level of undocumented immigrants who apply to join the Marines is not higher than any non-citizen looking for regular employment in the workforce.
Franklin added that recruiters do not report undocumented recruits to immigration officials.
“As far as I know, we’re not mandated by law to turn them in,” Franklin said of undocumented immigrants who ask to enlist in the Marines. “As far as we know, they could very well be citizens who had forgotten their paperwork at home.”
Federal court records show that the United States government had not responded to Cortes’ lawsuit as of press time Friday.
schapa@brownsvilleherald.com
Foreign-Born in Uniform
Foreign nationals and naturalized citizens make up about 5 percent of the men and women serving in the United States Armed Forces. Under federal law, those foreign nationals must have legal immigration status before they join the military but are eligible to apply for and receive U.S. citizenship after serving during a period of conflict or serving honorably for one year.
Military Branch Foreign Nationals
Navy 29,737
Army 14,723
Air Force 14,493
Marines 10,340
Total 69,293 (or 4.9 percent of the 1.4 million men and women in active duty)
Gender Gap
Women make up 16.3 percent of all foreign-born serving in the United States Armed Forces. According to U.S. Department of Defense figures, women make up 14.5 percent of all active-duty personnel.
Number of Foreign-Born Women Percentage of Women in Armed Forces who are Foreign-Born
11,287 5.5 percent
Military Global Village
Although citizens of Latin American and Caribbean nations make up the largest block of all foreign nationals and foreign-born in the United States military, the Philippines is the largest single contributor with more than 16,000 of its people wearing American uniforms.
Nationality Number in U.S. Military Service
Philippines 16,229
Mexico 6,469
Jamaica 3,536
South Korea 1,936
Dominican Republic 1,774
SOURCE: Migration Policy Institute; U.S. Department of Defense December 2004 Figures
Ellie
Mexico native says citizenship status should not be a factor for service
BY SERGIO CHAPA
The Brownsville Herald
November 27, 2005 — A Los Fresnos man has sued the U.S. Department of Defense after he says he was kept from joining the U.S. Marines because he is not a U.S. citizen, yet.
Juan Humberto Cortes Hutrera, whose age is unknown, is an undocumented immigrant applying for legal status and asking to serve his adopted country.
In his recently filed federal lawsuit, Cortes states that his family moved to the United States from Mexico when he was 12 years old. He graduated from Los Fresnos High School in May and tried to join the Marines in September.
Cortes claims he is qualified to join the Marines and has undergone several exams for admission to the service. He believes recruiters turned him away because of his citizenship status.
He is suing the Defense Department simply for the right to enter the military.
Under federal law, only U.S. citizens and legal permanent residents can join the Armed Forces during a time of peace. During a time of war, those rules can be more loosely interpreted.
Cortes could not be reached for comment Friday. His attorney Marlene Dougherty said her client should be allowed to serve in the Marines because he is in the process of applying for legal residence and because the armed conflicts in Iraq and Afghanistan dissolve the peacetime enlistment clause.
“We need more soldiers at a time of conflict and declining recruitment, instead of turning away qualified and tested individuals,” Dougherty said. “Here we have a qualified person whose allegiance is to the United States. Regardless of my beliefs about the war, we have someone who is qualified and willing to serve.”
In fiscal year 2005, five of 10 military components — the Army, Army Reserve, Army National Guard, Air National Guard and Navy Reserve — fell short of their recruiting goals from 8 percent to 20 percent, according to a Government Accountability Office report released Nov. 17. The Marine Corps met its recruitment goal, the report shows.
In the previous four years, there were no recruiting shortfalls.
U.S. Marines regional spokeswoman Pauline Franklin said any recruit must meet basic age, education, mental, physical and moral requirements to join the Corps.
“The fact that we’re dealing with a non-citizen makes no difference,” she said of basic requirements.
But Franklin said under current guidelines, recruits do not have to be American citizens but must have “the proper immigration status” to enlist.
According to the U.S. Marines Military Personnel Procurement Manual, an immigrant recruit must show proof of address, an established home of record in the United States and present a properly documented I-94 Arrival/Departure Record or other immigration documents to enlist.
“These requirements have been the same before we went to Iraq, and they have not changed since,” Franklin said.
It was not clear what, if any, immigration documents Cortes had as of press time Friday.
December 2004 figures from the U.S. Department of Defense show approximately 69,300 foreign-born men and women are serving in the U.S. Armed Forces, accounting for slightly less than 5 percent of all military personnel.
The Migration Policy Institute counts 10,340 foreign-born men and women serving in the Marines as of December 2004.
The report shows that immigrants from Philippines make up the largest single group of foreign-born recruits followed by men and women from Mexico, Jamaica, South Korea and the Dominican Republic.
Fifty-eight troops have been granted posthumous citizenship since the Iraq war began in 2003, including three Rio Grande Valley men killed in service.
Franklin said the issue of immigration status is discussed routinely while recruiting in South Texas and along the border.
Although exact figures were not available, Franklin said the level of undocumented immigrants who apply to join the Marines is not higher than any non-citizen looking for regular employment in the workforce.
Franklin added that recruiters do not report undocumented recruits to immigration officials.
“As far as I know, we’re not mandated by law to turn them in,” Franklin said of undocumented immigrants who ask to enlist in the Marines. “As far as we know, they could very well be citizens who had forgotten their paperwork at home.”
Federal court records show that the United States government had not responded to Cortes’ lawsuit as of press time Friday.
schapa@brownsvilleherald.com
Foreign-Born in Uniform
Foreign nationals and naturalized citizens make up about 5 percent of the men and women serving in the United States Armed Forces. Under federal law, those foreign nationals must have legal immigration status before they join the military but are eligible to apply for and receive U.S. citizenship after serving during a period of conflict or serving honorably for one year.
Military Branch Foreign Nationals
Navy 29,737
Army 14,723
Air Force 14,493
Marines 10,340
Total 69,293 (or 4.9 percent of the 1.4 million men and women in active duty)
Gender Gap
Women make up 16.3 percent of all foreign-born serving in the United States Armed Forces. According to U.S. Department of Defense figures, women make up 14.5 percent of all active-duty personnel.
Number of Foreign-Born Women Percentage of Women in Armed Forces who are Foreign-Born
11,287 5.5 percent
Military Global Village
Although citizens of Latin American and Caribbean nations make up the largest block of all foreign nationals and foreign-born in the United States military, the Philippines is the largest single contributor with more than 16,000 of its people wearing American uniforms.
Nationality Number in U.S. Military Service
Philippines 16,229
Mexico 6,469
Jamaica 3,536
South Korea 1,936
Dominican Republic 1,774
SOURCE: Migration Policy Institute; U.S. Department of Defense December 2004 Figures
Ellie