mmigration laws are
relatively new. These man-made laws were instituted long after countries
and national boundaries were already in existence. When there were no
immigration laws people moved freely from one place to another. Famines,
wars, natural disasters, plagues, poverty, personal problems, economic
reasons, political oppression, etc. are the usual reasons for migration.
Today, even with
immigration laws, people still move and leave their home countries for
the same reasons. They bravely risk their lives and safety, are often
exploited, tolerate extreme weather conditions, face strange cultures,
discrimination and local hostilities. They cope with loneliness and
alienation. They go through all kinds of difficulties, sustained only by
the hope that somehow they might find a better life.
Nowhere in
the world is there a nation like the United States whose population
consists mostly of immigrants or children of immigrants. It can even be
argued that the entire population of the United States is totally
composed of immigrants or children of immigrants that came here since
the forebears of American Indians migrated from Asia.
Immigrants and their
children from the four corners of the globe created this country. Ideas
from their native lands, technical knowledge, trade secrets, new arts
and philosophies, varieties of cultural ingenuity, music, and all kinds
of food are now integrated into American society and culture. All these
together with their skills, talents and work ethic resulted in the
creation and emergence of a uniquely great and powerful nation of
immigrants.
The United States is a
great nation not only because of its awesome political and economic
power, but also for her continuous aspirations to live up to the highest
ideals of the human race: individual freedoms; the right to happiness,
free speech, free thought; equal protection for all in the application
of the laws; religious freedom; due process; racial equality, etc. Even
if these aspirations are not yet complete realities, they are national,
global and spiritual goals worth pursuing.
The United States is a
country where good and evil are constantly in conflict, but where good
often prevails in the long run. There are so many genuinely good human
beings here and also horribly evil ones. Even the government policies of
this country throughout its history reflect this constant, unending
conflict between good and evil. Like a pendulum, the country’s policies
continuously swing back and forth from the evil side to the good side
and back again.
The demonic genocide
of American Indians, slavery, the extermination of entire barrios in the
Philippines, segregation laws against blacks and Asians, the internment
of Japanese Americans in WWII, the dropping of atomic bombs against the
Japanese civilian population, racially discriminatory immigration laws,
the mass murder and napalm bombing of innocent Vietnamese villagers, the
use of torture against military and political prisoners, etc. — these
were the results of the pendulum swinging to the dark side.
But the swings of the
pendulum to the good side rectified these moral distortions: Slavery was
eliminated; Indians were compensated with billions of dollars for
damages and their lands; higher education and national health care were
established in the Philippines; segregation laws were abolished; a
national apology and monetary compensation were provided to Japanese
American internees; U.S. aid to Japan led to economic resurgence after
WW II; racial and national origins discrimination was removed from US
immigration laws; a friendlier relationship was established with the
Vietnamese government; torture was discarded as a state policy, etc.
Immoral
state policies which cause so much suffering hurt all of us in one way
or another. Conversely, policies which help human beings find better
lives create a better, kinder world.
With the new US
administration’s harsh immigration policies thousands in immigrant
communities throughout America now live in fear. The new government
policy includes the hiring of around 10,000 new personnel who will hunt
down out of status individuals and families and seek their speedy
removal. Raids by ICE (Immigration and Customs Enforcement) throughout
the US are currently being conducted. (Click this
LINK to read article:)
Immigration and human
rights lawyers will continue to contest the constitutionality and
propriety of new policies and procedures which cause so much human
suffering.
Generally, there are
three groups of immigrants who come here. Group one is composed of those
who are more fortunate than the others and have an easier time migrating
here. These are those who have US citizen or Lawful Permanent Resident
relatives who can easily file immigrant visa petitions for them; those
with enough money who come as investors; those with good educations in
professions which are much needed. Highly qualified professionals can do
self-petitions for immigrant visas or employers can file petitions for
them.
The second group is
composed of refugees — men, women and children who were displaced and
became homeless because of war, natural calamities and other disastrous
situations. They undergo about two years of careful screening and
vetting before being able to enter the U.S.
The third group is
composed of out of status immigrants — also referred to as undocumented
immigrants — and all just hoping for a better life. These are the
overstaying: visitors (tourists or businessmen); students; workers on
temporary working visas; crewmen; those who crossed the Canadian or
Mexican border. Those from Mexico have a much harder time coming to the
United States, often paying “coyotes” (human smugglers) to bring them
here. Canadians can easily come as visitors.
Sooner or later, those
who are here illegally usually find some kind of immigration relief
depending on the facts of their situation. To mention a few: Marriage to
a US citizen; political or some other kind of asylum; presence in the
United States for more than 10 years and having a US citizen child or
parent who will suffer extreme hardship if the alien is removed
(deported); immigration legislation for an individual filed by a
Congressman or Senator; utilization of special laws for those who
arrived in the US before the age of 16 or some other fitting law that
provides for legalization; etc. An experienced, imaginative and creative
expert immigration lawyer can often find ways to legalize those without
legal immigration status, or find ways to prevent removal (deportation).
My priority advice to
those without legal status: Be aware that the protection of the US
Constitutional Due Process Rights clause applies to you. You cannot be
removed from the United States without a hearing before an immigration
judge. If you get arrested by ICE agents, make sure you assert this
right. If you sign a form paper where you are waiving this right, you
can immediately be summarily deported. Be aware of what you are signing.
Also try to seek ready
access to a competent and honest immigration lawyer who is sensitive and
sympathetic. Someone who is out there to really help you and does not
worship Mamon. How can you tell? Ask his (or her) clients about their
experiences with him. Immigration lawyers, especially these days, are
very busy. Access to a good honest lawyer when you need him is very
important.
A situation I
particular find so personally galling and disturbing are some Filipinos
and others in the first immigrant group who acquired their immigrant
visas relatively easily and expect everybody else to come to the United
States like them. They express so much antipathy for those who are here
illegally. They support harsh immigration laws and policies and even
wish out of status fellow Filipinos and undocumented others to be
deported. They demonize undocumented immigrants falsely, accusing them
of taking jobs from US citizens or receiving welfare funds (which is not
true as the undocumented are not qualified for these funds). They show
no compassion for their fellow human beings.
Filipinos who are in
unlawful status often work hard at different jobs and are able to
provide food, shelter, health care and education to their families back
in the Philippines with their regular remittances. They also contribute
so much to the Philippine economy. They deserve much respect, admiration
and support.
I wish that the
Philippine government were more committed to helping them. How?
Many embassy and
consulate personnel are well meaning, but they cannot provide the needed
competent expert legal advice on immigration matters. Being in the
private sector and not wishing to dictate consular policies, but
understanding the immigration problems of many Filipinos in good faith,
I can only respectfully suggest to embassy and consular officials to
consult with competent immigration lawyers so that they know the
applicable laws and procedures involved.
With this knowledge,
they can better help the many who need immigration assistance. These are
dangerous critical anxiety filled times for so many undocumented Pinoys.
They really need help. My law office is open to provide important highly
technical immigration law information to appropriate embassy and
consular officials, free of any charge. If this can help to spread
important legal and procedural information that will benefit many
undocumented Filipinos, I’ll feel good about it. It has to do with
living a meaningful life.
We do not choose the
circumstances of our birth or the situations that force us to risk going
to another country for our safety and survival. We sometimes need to
violate man-made laws like immigration laws — as long as we don’t hurt
others — in order to follow higher God made laws which call for our
survival or the survival of our loved ones.
I understand the need
for immigration laws. But those which I fully support are humane
reasonable immigration laws and policies which recognize the pressures
that cause human beings to look for a better life outside their
homelands and take into consideration humanitarian issues as we are all
part of the human family. Out of status immigrants should not be treated
like common criminals or like animals. Our compassion for other human
beings differentiates us from beasts.
The
heated immigration debate that currently divides the United States is a
real conflict between those who genuinely care for their fellowmen no
matter what race or nationality or religion they may have and those who
only care about their own selves who are engaged in the politics of hate
because of their blind selfishness and irrational fears. It’s a real
conflict between good and evil, between love and hate, between heaven
and hell.
So many great
Americans were immigrants or children of immigrants. America’s greatness
as a nation is a direct result of non-discriminatory and humane
immigration laws which enabled so many brilliant and good people to come
here who created a great nation and a better world.
So many Americans and
other people around the globe realize this, and that is why millions of
Americans and global citizens are demonstrating and protesting against
the new administration’s extremely harsh new immigration policies. Published
32/11/2017
Atty. Ted
Laguatan is a San Francisco Bay Area based human rights lawyer and the
only Fil-Am among an elite group of only 29 lawyers who have been
officially certified continuously for more than 27 years now by the
California State Bar as Expert-Specialists in Immigration Law. Tel 650
634 8668 Email laguatanlaw@gmail.com |