April 6, 2005: National Guardsman Sues over ‘Stop-Loss’ Deployment

Emiliano Santiago. [Source: Elliot Margolies]Oregon National Guardsman Emiliano Santiago’s lawsuit against his forcible redeployment back to Iraq begins in a Seattle, Washington, appeals court. Santiago spent eight years in the Guard, and his term of duty expired in June 2004. But four months later, the Army ordered him to ship out to Afghanistan. It also reset his military termination date to December 24, 2031. (The 26-year extension was explained by Army lawyers as being made for “administrative convenience.”) Santiago refused to go, and filed a lawsuit naming Secretary of Defense Donald Rumsfeld as the defendant. The lawsuit, Santiago v. Secretary of Defense Donald Rumsfeld, is the highest court review of the Army’s controversial “stop-loss” policy (see November 2002, November 13, 2003, Early January, 2004, and June 2, 2004) to date. Army lawyers say that under the November 2002 “stop-loss” policy, President Bush can “suspend any provision of the law relating to promotion, retirement or separation” of any soldier who is deemed essential to national security in times of crisis. Santiago’s lawyers say in a written statement: “Conscription for decades or life is the work of despots.… It has no place in a free and democratic society.… If the government can break its promises to young men and women like Santiago, then the bedrock of our all-volunteer army—trust in the government’s promises—will crumble.” Many legal observers believe that if Santiago loses in the appeals court, he and his lawyers will push the case all the way to the Supreme Court. Ironically, Santiago is slated to be redeployed to Afghanistan within a week, and may not be on hand to hear whether he wins or loses his case. [Seattle Times, 4/6/2005] Santiago says it is not a matter of politics for him, but of fairness. “If I still had two years or one year left of my contract, I would say, ‘I signed up for it, I’m in,’” he says. “This is not right. [The Army is] not doing what they told me they were going to do.… It’s crazy.” Santiago recalls being told by his recruiter in 1997 that there was virtually no chance of his being sent overseas for active duty. According to Santiago, the recruiter told him, “The only reason the National Guard would get deployed is if there was, like, a World War III.” [Seattle Weekly, 3/30/2005] Santiago will lose the lawsuit, and will redeploy to Afghanistan (see April 15, 2005). [Oakland Tribune, 1/14/2006]