Increase in Deportation Cases Give TNTs Opportunity to Reflect on their Options
Many years ago, a visit to the district office of the Citizenship and Immigration Services in San Francisco CA required one to fall in a long line before being able to enter. As soon as one gets in the immigration office for their green card or naturalization application, the applicant will have to wait many more hours inside a room full of applicants.
In recent months applicants for US citizenship, permanent resident status and other benefits are no longer as numerous as before. However, the other office called the Executive Office for Immigration Review (EOIR), commonly called the Immigration Court, is full of foreign nationals who are appearing for their deportation or removal proceedings. A significant number of respondents from the Philippines are noticeable in the courtrooms.
One of those waiting to be called for his Master Hearing before the Immigration Court was Eduardo. After living in the United States for more than fifteen years, he received a Notice to Appear and to show cause why he should not be deported.
Eduardo worked as an engineer for a reputable company in the San Francisco bay area. In the early 90s, he entered the US on a visitor visa. Before the expiration of his status, he applied for political asylum. For the last ten years, Eduardo was able to work but eventually his asylum request was denied.
When the judge asked Eduardo if he had any relief for staying in the US, he responded in the negative. He told the court that he was ready to go back to Manila and will not fight his case. He has not seen his wife and children for fifteen years. Eduardo opted for voluntary departure. He is not resentful. In fact, he was very excited to leave.
With the surge in deportation cases in the US, it is hard to determine whether all these deportees will be successfully removed to return to their homeland. But amazingly, there are a number of Filipinos who are just like Eduardo. They are ready to return to the homeland. For those who have been separated from their families, the economic crisis in the US had not given them further motivation to stay.
Increase in Deportation Cases
Enforcement of immigration law is at its all time high. Families are being separated forcibly because of the enforcement activities of the Department of Homeland Security. Those who are without valid legal documents to stay and work are being put in deportation proceedings. Even applicants for naturalization who have prior immigration issues are not exempt from becoming a respondent in deportation cases especially if there are fraud and misrepresentation issues.
With the increase in immigration cases, the US immigration courts are experiencing a severe backlog in adjudicating these cases. The number of cases is up 82% from 10 years ago. There are now 228,421 cases in the first three months of 2010 and this number is increasing everyday.
To address the issue of backlog of cases, the US Department of Justice is hiring more immigration judges. According to the Transactional Records Clearinghouse, there is a shortage of judges and Attorney General Eric Holder is interviewing candidates to fill the vacancies.
The Department of Homeland Security should instead re-assess its policy on whether those in deportation proceedings are a threat to the US. Most of those that are being deported have been long time residents who have been able to establish their lives in the US with their family. There are also those who were educated in the US and possess skills that may contribute to the economic growth. They are, instead, being sent back to their homeland.
Number of TNTs Down
With the unemployment rate remaining high, there is a recent study that the number of undocumented immigrants has gone down. But this is true also for legal immigrants. Even if they are green card holders or US citizens, many have decided to return to their place of birth. The housing and health care crisis are also factors in deciding whether theses immigrants choose to remain in the US.
For those who have families in the US, departing will be a difficult option. But for those who have available choices, moving their families back to the Philippines may not seem to be such a difficult choice. The Philippines should be ready for the reverse migration of its nationals. Those returning come with valuable skills, education and experience. There should be programs developed for the returning immigrants, the true balikbayans.
Undergoing the deportation process may be humiliating to most deportees. But at least for a few deportees I have met, they have no qualms about returning. Eduardo claims, “I shall return with my dignity intact. This immigration court need not force me to return to my homeland.”
(Tancinco may be reached at law@tancinco.com or at 887 7177).
