The case of Yaderlin Jimenez, however, is a special case. Her husband Alex Jimenez is one of the American soldiers missing in Iraq. Recently the dead body of one of Jjimenez’s fellow captives was found. Jimenez’s own military tags were located in an Al Qaeda hideout near Baghdad. HIs fate is unknown but not looking good.
Several months ago, Jimenez applied for a green card for his wife Yaderlin, whom he married in 2004. The authorities discovered that in 2001 she came illegally to America from the Dominican Republic. This does not seem to be a case of a woman who got married solely for the purpose of staying on in America. Ordinarily Yaderlin would have a right to get a green card by virtue of marrying an American citizen. Her problem, however, is that she came into the country illegally. So the immigration service has begun deportation proceedings. And ordinarily I'd say we should start planning Yaderlin's farewell party.
But the specific circumstances of this case give me pause. Here is a situation where her husband is, in a very literal way, putting his life on the line for his country. He may already have paid the ultimate price. Now you might say that if we make an exception for Yaderlin Jimenez, where will it end? The simple answer is that it should end with her.
Let’s remember that laws are general rules. The law is an instrument that is aimed at securing justice. Every now and then, however, we realize that the application of a rule in a given situation will promote not justice but injustice. This is when we make an exception. We could of course change the law so that military families are excempt from immigration rules. I was on a New York radio show discussing this case, and that is what the radio host proposed. But I think his solution is unwise. Hard cases make bad law, and it’s not generally a good idea to have laws that apply to some groups but not to others.
Therefore I think the immigration people should make an exception and let Mrs. Jimenez stay. No general amnesty for illegals, but amnesty for her.