SAN ANTONIO - Some immigrant U.S. Army reservists and recruits who enlisted in the military with a promised path to citizenship are being abruptly discharged, the Associated Press has learned.
The AP was unable to quantify how many men and women who enlisted through the special recruitment program have been booted from the Army, but immigration attorneys say they know of more than 40 who have been discharged or whose status has become questionable, jeopardizing their futures.
“It was my dream to serve in the military,” said reservist Lucas Calixto, a Brazilian immigrant who filed a lawsuit against the Army last week. “Since this country has been so good to me, I thought it was the least I could do to give back to my adopted country and serve in the United States military.”
Some of the service members say they were not told why they were being discharged. Others said the Army told them they are security risks because they have relatives abroad or because the Defense Department had not completed background checks on them.
Spokespeople for the Pentagon and the Army said that, because of the pending litigation, they were unable to explain the discharges or respond to questions about whether there have been policy changes in any of the military branches.
Legal status required
Eligible recruits are required to have legal status in the U.S., such as a student visa, before enlisting. More than 5,000 immigrants were recruited into the program in 2016, and an estimated 10,000 are serving. Most go the Army, but some also go to the other military branches.
To become citizens, the service members need an honorable service designation, which can come after just a few days at boot camp. But the recently discharged service members said their basic training was delayed, so they can’t be naturalized.
Margaret Stock, an Alaska-based immigration attorney and a retired Army Reserve lieutenant colonel who helped create the immigrant recruitment program, said she’s been inundated by recruits who have been abruptly discharged.
All had signed enlistment contracts and taken an Army oath, Stock said. Many were reservists who had been attending unit drills, receiving pay and undergoing training, while others had been in a “delayed entry” program, she said.
“Immigrants have been serving in the Army since 1775,” Stock said. “We wouldn’t have won the revolution without immigrants. And we’re not going to win the global war on terrorism today without immigrants.”
Stock said the service members she’s heard from had been told the Defense Department had not put them through extensive background checks, which include CIA, FBI and National Intelligence Agency screenings and counterintelligence interviews. Therefore, by default, they do not meet the background check requirement.
Devastated by discharge
The AP interviewed Calixto and recruits from Pakistan and Iran, all of whom said they were devastated by their unexpected discharges.
In hopes of undoing the discharge, Calixto filed a lawsuit in Washington last week alleging the Defense Department hadn’t given him a chance to defend himself or appeal. He said he was given no specific grounds other than “personnel security.”
Calixto, who lives in Massachusetts and came to the U.S. when he was 12, said in an email interview arranged through his attorney that he joined the Army out of patriotism.
The Pakistani service member who spoke to the AP said he learned in a phone call a few weeks ago that his military career was over.
“There were so many tears in my eyes that my hands couldn’t move fast enough to wipe them away,” he said. “I was devastated, because I love the U.S. and was so honored to be able to serve this great country.”
He asked that his name be withheld because he fears he might be forced to return to Pakistan, where he could face danger as a former U.S. Army enlistee.
Portions of the 22-year-old’s military file reviewed by the AP said he was so deeply loyal to the U.S. that his relationships with his family and fiancee in Pakistan would not make him a security threat. Nonetheless, the documents show the Army cited those foreign ties as a concern.
An Iranian citizen who came to the U.S. for a graduate degree in engineering told the AP that he enlisted in the program hoping to gain medical training. He said he had felt proud that he was “pursuing everything legally and living an honorable life.”
In recent weeks, he said, he learned that he’d been discharged.
“It’s terrible because I put my life in the line for this country, but I feel like I’m being treated like trash,” he said. “If I am not eligible to become a U.S. citizen, I am really scared to return to my country.”
He spoke on condition of anonymity because of those fears.
It’s unclear how the service members’ discharges could affect their status as legal immigrants.
In a statement, the Defense Department said: “All service members (i.e. contracted recruits, active duty, Guard and Reserve) and those with an honorable discharge are protected from deportation.”
However, immigration attorneys told the AP that many immigrants let go in recent weeks were an “uncharacterized discharge,” neither dishonorable nor honorable.
Special recruitment program
The service members affected by the recent discharges all enlisted in recent years under a special program aimed at bringing medical specialists and fluent speakers of 44 sought-after languages into the military. The idea, according to the Defense Department, was to “recognize their contribution and sacrifice.”
President George W. Bush ordered “expedited naturalization” for immigrant soldiers in 2002 in an effort to swell military ranks. Seven years later the Military Accessions Vital to the National Interest program, known as MAVNI, became an official recruiting program.
Many service members recruited through the program have proven to be exemplary. In 2012, then-Sgt. Saral K. Shrestha, originally from Nepal, was named U.S. Army Soldier of the Year.
In general, the immigrant recruits have been more cost-effective, outperforming their fellow soldiers in the areas of attrition, performance, education and promotions, according to a recently released review by the RAND Corporation, a nonprofit research institution.