Jose Barco, a Purple Heart recipient veteran of the U.S. Army who served in Iraq, believed he had “paid his debt to society after serving 15 years of prison for attempted murder.” But now, the United States government has moved to withdraw Barco’s status and deport him because some federal immigration laws bar the ability of noncitizens with these types of convictions to keep their legal status.
Military service and injuries in Iraq
Barco signed up for the U.S. Army at the age of 17 and then proceeded to Iraq in 2004. He experienced several improvised explosive device (IED) attacks during his first tour, which resulted in severe burns and a traumatic brain injury, resulting in being awarded a Purple Heart and Combat Infantry Badge. Other soldiers recount how courageous he was in the face of fire, and Barco’s commanding officer supported his efforts to get naturalized, by submitting Barco’s citizenship packet to the government in 2006, only for it to get lost somewhere along the line on its way to U.S. Citizenship and Immigration Services.
Conviction and prison sentence
In 2009, 23-year-old Barco was convicted of attempted murder following a violent outburst manifesting undiagnosed symptoms of brain-injured PTSD from his service experiences in combat. Barco received a sentence of fifteen years, now up for parole on January 21, 2025, just after a new presidential administration takes over. Those advocating for Barco say that the crimes were a result of mental health conditions he has as a service member and that he has more than paid his debt by being incarcerated.
Transfer from parole to ICE custody
Just upon finishing his term in the state prison, Barco was transitioned into the U.S. Immigration and Customs Enforcement (ICE) custody in Aurora, Colorado. Although he had lived in the U.S. since age four, he never bothered to naturalize. He applied for naturalization while home between deployments but lost it due to errors made in the bureaucracy and misplaced paperwork. When ICE moved to enforce his removal order in January 2025, Venezuelan authorities refused to accept him, leaving Barco in limbo at federal detention facilities in Texas and Colorado.
Federal law on noncitizen veterans being deported
Under Section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, any lawful permanent resident who’s convicted of an “aggravated felony” – of which attempted murder is one – is deportable. Service in the armed forces with an honorable discharge does not provide an exemption from immigration consequences for a noncitizen. Hundreds of noncitizen veterans have matched against the government in removal proceedings over what may be the last ten years now: the irony of a policy clash between honor of service and enforcement of immigration law.
Impact on benefits and family
Barco has lost the benefits he used to access through the Department of Veterans Affairs while imprisoned, including healthcare and disability payments related to injuries from the Purple Heart. In addition, he has not been able to see his wife, Tia, a U.S. citizen, and his daughter aged 15, from outside prison walls. Advocates say taking Barco’s VA benefits conveys unsupportive action toward our nation’s care for wounded warriors.
Community advocacy and legal battles
Barco’s story has attracted support from veterans’ groups and other people, including former Grand Junction mayor Anna Stout and U.S. Rep. Joe Neguse, who have contended that Barco deserves clemency or prosecutorial discretion given his service-related injuries and therapeutic progress. Barco’s lawyers have moved to reopen and reconsider the case of removal, citing TBI, PTSD, and the current need for their client to receive mental health treatment. On 10th of April 2025, an immigration judge gave a temporary stay on the case, but a last decision regarding the appeal remains pending.
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