A significant number of Filipino immigrants have thrived and have become productive U.S. citizens or lawful permanent residents. Yet, there are categories of immigrants who, despite having resided in the U.S. for many years could not find ways to obtain legal status. The immigration system is dysfunctional and that there is no pathway to obtaining legal status.
Angela was able to enter the U.S. on an H1B visa but worked only for a year. Her U.S. employer suffered financial setbacks during the recession in 2008 and Angela was laid off from her job. When this happened, she was pregnant. His son who was born in the U.S. with a congenital heart problem that requires regular medical attention. The U.S.citizen father of the child abandoned Angela. She continued to work in the U.S. but only as a caregiver to be able to provide for the support of her child. Angela admits that it was wrong to stay without legal status but her decision to stay was motivated by her desire to ensure her son’s well being. She knows that she will not be able to afford medical treatment in the Philippines. Angela has no history of arrest or any criminal arrest. She takes care of elderly patients. With the new immigration policy, she fears that she will be arrested and be deported. She fears that her son’s health condition will worsen if she is sent back to the Philippines.
Amando is a son of a Filipino World War II veteran. Many Filipino veterans immigrated without family members and lived in isolation. Amando was able to come to the United States on a B2 visa. He took care of his father and was present at his father’s deathbed. Unfortunately, Amando’s B2 visa expired during the time he was taking care of his father. If he returns to the Philippines, it will take more than 10 years before he could return to the United States because of the 3-10 year bar rule. He is taking care now of his aging mother who likewise needs his presence and support just like his late father. Amanda has an approved petition but unfortunately, the visa petition will take more than 15 years for the visa to become available. Amando decided to stay in the United States to care for his mom. With Trump’s policy, Amando is at risk of being arrested and removed.
Angela and Amando are profiles of undocumented immigrants whose future in the United States is uncertain with the current political climate. The Department of Homeland Security stated that they will prioritize for removal those who poses threat to national security and public safety. But the recent DHS rules do not reflect such priority. The 11 million undocumented are at risk of being removed if they are caught by ICE without the proper legal documents to stay. This will include those who have same cases as Angela, and Amando who are neither threat to national security or public safety. Their only intention of continued stay is to be with their families, their U.S. citizen children or parents.
Hopefully, the present administration will desist from stereotyping unauthorized immigrants and look at the lives of these ordinary family-loving people through a different lens.
(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm and may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)
