Immigration Law and Its Impact on U.S. Soldiers

The words of economist Thomas Sowell resonate: “Immigration law is the only law that is discussed in terms of how to help people who violate immigration law.” A case highlighting this is that of U.S. Army Staff Sergeant Matthew Blank and his wife, Annie Ramos, who is in the country illegally.

Ramos, currently 22, was brought to the U.S. unlawfully by her family in 2005. Blank was fully aware of her immigration status when he married her. He stated, “I knew she didn’t have any status. [But] we were doing everything the right way.” Just days after their wedding, Ramos was detained by U.S. Immigration and Customs Enforcement at the military base where Blank was stationed.

The situation, while unfortunate, reflects a larger issue. Though Blank maintains that they were following the correct procedures, nothing in this case was managed properly. Ramos’ family had a scheduled court appearance regarding their illegal entry but failed to show up. As mandated by law, if defendants miss their court dates, an immigration judge must dismiss their case in absentia. This procedure is outlined clearly to all individuals involved in immigration proceedings and communicated through various notices.

While it might seem tough to dismiss cases like this one, it’s critical for the court system to function efficiently. Courts incur significant costs, and if attendees were allowed to miss hearings without consequences, it could lead to systemic collapse. Thus, penalties for failure to appear are severe, ranging from fines to more serious charges.

There are provisions for individuals who miss hearings due to valid reasons, allowing them some recourse. For example, they can petition for reinstatement within a specific timeframe provided they can demonstrate that their absence was due to extraordinary circumstances or that they lacked proper notice of the hearing.

However, there’s no evidence that Ramos or her family sought to reopen their immigration case or challenge the deportation orders against them, likely because they were aware of their precarious situation. Contrary to some beliefs, many unauthorized immigrants are not eligible for relief and often face deportation. In fact, statistics indicate that a significant majority fall into this category—79% to 80% will be ordered to leave, or they might leave voluntarily.

Ramos waited nearly 15 years to apply for Deferred Action for Childhood Arrivals, which was an attempt at administrative immigration relief under the previous administration.

The question now arises regarding Blank’s standing in the military. In 2022, the Biden administration instructed the Department of Homeland Security to generally avoid deporting military veterans and their families. This guidance, however, raises legal concerns, as no laws exist that shield service members or their families from immigration laws. Only Congress has the ability to create such exemptions, which it hasn’t done.

As a result, the policies established during Trump’s administration reinstated enforcement of existing immigration laws, affecting military personnel just as much as any other individuals. This poses issues; offering leniency to foreign nationals solely based on their military connections could lead to vulnerabilities within national security and make military facilities more susceptible to external threats.

Recently, Annie Ramos was released from immigration detention. The path forward for her case remains uncertain, and caution is crucial for political leaders and military leaders alike. Every service member takes an oath to support and defend the U.S. Constitution. If military service provides immunity from complying with laws designed to protect national sovereignty, it raises profound questions about their allegiance to those very laws.