Gerardo’s father was found dead in his room three Christmases ago. His father was a World War II veteran and was already 86 years old at the time of his death. The father was sharing a room in a City in northern California with four other veterans. Gerardo’s father immigrated to the US as a World War II veteran and was advocating for his pension rights as a US veteran. He died never having received any US veteran pension.
Now Gerardo is facing deportation. A court order was handed to him. He is being asked to depart voluntarily on or before December 25, 2009. He bought a ticket to return to the Philippines on Christmas Day. He will leave behind his US citizen spouse and all his four minor children who are all US citizens.
Deportation courts do not put any significance on holidays. The US government understands that deportation or removal results in family separation but nevertheless the law must be upheld.
He Must Depart
Gerardo entered the US in 2003 with a crewman’s visa. He married his long time girlfriend Lisa who is a US citizen. After filing a petition for Gerardo, Lisa was told that Gerardo could not get his green card in the US. Gerardo would have to leave and get his visa in Manila. People who enter the US under a Crewman’s visa are not allowed to adjust their status. Gerardo refused to leave the US and so he was put in deportation proceedings. During the hearing, he was told that he has no legal recourse except to voluntarily depart. He would have to leave the US and then only be allowed to return after processing his visa outside the US.
It would not be a difficult choice for Gerardo to depart except that the present economic crisis presented him with challenges. His wife is suffering from an illness that prevents her from being gainfully employed. The wife is dependent on Gerardo’s health care insurance to continue her medications. If Gerardo departs, she will be left without insurance and will not be able to continue receiving treatment. She will then have to rely on government assistance.
After having attained the American dream of owning a home, Gerardo is now facing foreclosure. Being the sole breadwinner, Gerardo’s deportation will result in loss of income for the family. Their home will be foreclosed, as they have no other means of paying their home mortgage. Gerardo’s family will be forced to transfer to low income housing units where their rent will have to be subsidized by the government. This also means that their minor children will have to be uprooted from their current school to a new school near their new home.
Gerardo maintains his strong faith in the American system. He had seen how his father Ed was always hopeful that the US government would recognize the Filipino veterans for their sacrifices and courage during World War II. His father passed away without giving up that hope. Unfortunately, his father died without receiving any of the lump sum benefit under Obama’s stimulus package given to Filipino World War II veterans.
In anxious anticipation of this upcoming trip this Christmas day, Gerardo is preparing himself for his departure. All he carries with him is the “hope” that the US government will someday afford him the opportunity to return to the US and be with his family for good.
Family Unity
Deportation means banishment. It is a cruel penalty for immigrants who have fallen through the cracks. Above all, it results in separation of families.
Immigrants face the harsh consequences of restrictive immigration policies. There are no available reliefs for crewmen who enter the US after 2001. The same situation may also apply to people who enter the US with fiancé visas. Despite having strong family ties and equities, a person who enters on a fiancé visa and who fails to obtain a green card through the petitioning fiancé, is forever barred from receiving visas through any other US citizen petitioner spouse.
Enforcement of final orders of deportation for those who have absconded is still very common. The Immigration and Customs Enforcement boast of more than 5,000 arrests for this year. Regardless of the Christmas season, they continue to perform their ‘duty’ of ‘separating families’ mercilessly.
Amazing Faith
There is no moratorium on deportation during Christmas. Gerardo will depart the US even if it will entail separation from his family. This is the law in the US that he holds in high regard. His family is his only valuable possession. To sacrifice this season with separation from his family will be his most painful challenge yet. Like his father who decided to sacrifice the last years of his life waiting for his veteran benefits, Gerardo will follow the same path. He will depart carrying with him the hope that the US government will allow him to re-enter and be with his family someday.
As I look in the eyes of Gerardo while he was talking about his predicament, he said to me “there will more Christmases and I know that I will soon be with my family again. I am not dying yet I will just depart temporarily.” It is amazing how much faith and hope Gerardo holds.
For this Christmas season, as many experience loss and separation, there is still this choice to be contented with whatever present situation one is currently in. There is still a gift of life that we may yet live to the fullest if we have to. I find inspiration in Gerardo. His courage and acceptance of his fate are admirable. He is looking forward to his family reunion someday. Whether cultural or otherwise, it is more fitting to be adopting the attitude of acceptance and to keep our spirits high this season “no matter what.” Merry Christmas to our IMFO readers!
(Tancinco may be reached at law@tancinco.com or at (02)8877177)
