A highly decorated Arab-American sergeant in the US army, who is currently
serving as a paratrooper in Afghanistan, faces deportation on his return to
the United States because of an irregularity in his immigration papers.
Sgt Hicham Benkabbou has been served with an order to stand trial for
deportation as soon as he arrives home, despite the fact that he has been on
active service in Afghanistan for almost two years with the 508th parachute
infantry regiment, known as the Red Devils.
His lawyers say his treatment illustrates the harsh justice meted out to
Arab-Americans by the US immigration authorities.
Benkabbou came to the US
from his native Morocco in 1987, and was granted permanent residency four
years ago. But when he applied to become a naturalised US citizen in 2005 -
by which time he was already serving in the army - immigration officials
discovered that he had failed to register his first marriage and alleged
that the ceremony had been arranged fraudulently to get him into the
country.
Benkabbou says that the marriage was annulled and argues it is therefore
irrelevant to his immigration status. "I do not think I deserve to get
deported after serving honourably during a time of war!" he wrote in an
email from Afghanistan.
"I can read, write and speak Arabic, French and English. I have earned
the respect and confidence of my superiors and I shall be a great asset for
our country if given the opportunity to become a US citizen."
His case has been taken up by the Association of Patriotic Arab Americans
in the Military, which represents up to 3,500 Arab-Americans serving in the
armed forces. The anti-discrimination committee for Arab-Americans, ADC, has
also protested.
"This is a very disturbing case. This man has been serving our nation,
putting his life on the line on behalf of America. This is a setback to
attempts to encourage recruitment to the military," said the ADC's Imad
Hamad.
The aggressive prosecution of the case has surprised immigration lawyers
who point to a directive that advises officials against pressing to deport
acting military personnel unless they have been involved in drug
trafficking, crimes against children or violence, or unless they pose a
danger to the public.
Benkabbou's irregularity over his marriage falls into no such categories.
His lawyer in Atlanta, Georgia, Paul Ford, said the only explanation he
could find was that his client was a Muslim, "which sets off all the
buzzers. There is no question that Arab-Americans are given a totally
different treatment."
Ford said that Benkabbou had been accused of being a terrorist by
officials from the immigration enforcement agency, ICE. "In court, ICE
lawyers called Morocco a terrorist country, which I found astonishing."
A spokesman for the US citizenship and immigration services said that
under privacy laws the department could not discuss individual cases. But he
added that in general, "if someone is placed in deportation proceedings,
that is not the end of the process. If the case involves someone serving in
the military we will look at it very closely.
"We understand the service of those who put themselves in harm's way to
preserve the rights in this country that they do not themselves yet enjoy."
Several commanding officers have offered support to Benkabbou. Lieutenant
Colonel Peterman said: "It is not an understatement to say that Sgt
Benkabbou has been instrumental in sustaining the 508th Parachute Infantry
Regiment during this combat deployment to Afghanistan. He is a leader, a
problem solver, and possesses the physical gifts of a US paratrooper."
