This is a true story of Nimfa who was a nursing graduate from a popular university in the Philippines. Right after graduation, she had the opportunity to go to the US to visit her sister. She used her B1/B2 visitor visa to enter the US. After her authorized stay expired, she continued to stay in the US and tried to find employment.
In 2001, Nimfa found a job as a “caregiver” at an elderly residential home in Los Angeles. She worked really hard and exhibited diligence and efficiency in her job as a caregiver. Her employer, Bobby, also a Filipino national but a naturalized US citizen, decided to promote her as the facility administrator. This employer also agreed to petition Nimfa for a green card. However, since the process took a number of years, Nimfa was actually working without proper legal documents.
One day, when Nimfa was out on a break from work, one of the elderly patients became very ill. Nimfa ran back to the facility and attended to the patient. After two days, the patient was rushed to the hospital and died. The relatives to the patient were outraged with the facility administrator and felt that the patient was a victim of elderly abuse and criminal negligence. It was discovered that there were medical conditions of the deceased patient that were not properly attended to by the employees in the facility. Nimfa was held accountable.
A criminal case was filed against Nimfa as the administrator of the facility. She was also detained at the County Jail while they were conducting an investigation on the death of the patient. She spent more than eight months in jail for Elderly Abuse and could not afford an attorney to represent her. The employer who owned the facility denied having anything to do with Nimfa. He did not extend any assistance at all and worse, the petition for Nimfa was dropped. Her employer stayed out of the criminal case and gave false testimony against Nimfa. After one year, Nimfa was released from the county jail. As soon as she was released, she was arrested again by the Immigration and Customs Enforcement for being an undocumented alien. Nimfa indicated to her attorney that she wish to return home to Manila to be with her family. She has not seen her family for nine years. She is now scheduled to be deported back to Manila anytime soon.
Helping or Pinning Down
Of the12 million undocumented immigrants in the US, there is no official count on how many Filipinos are part of this population. We all know that majority of the Filipinos who happen to be undocumented or TNT, came in legally until such time that their authorized stay expired. The decision to become an unlawful immigrant happens for many different reasons but mostly economic.
A significant number of Filipino immigrants in the US have succeeded in their chosen fields and have contributed to the growth of the US economy. In the health care industry, many Filipinos are not just caregivers but also business owners who operate their own board and care facilities or residential care facilities either for the elderly or developmentally disabled individuals.
It is not surprising then that Filipino care home owners hire Filipino workers for their facilities. Those who are sincere in helping legalize the status of their workers do file appropriate legal documents with the US Department of Labor or with the US Citizenship and Immigration Service. However, there are also sad cases where the employers exploit the vulnerability of their petitioned workers. They are sometimes paid low wages, work long hours without break, and burden their employees with unnecessary responsibilities. The workers on the other hand feel beholden and are compelled to put up with the abuses.
In the case of Nimfa, she worked hard and diligently for the employer. She worked overtime and hardly took vacations. Just when she thought that her employer would be compassionate and helpful during a crisis, it was also the moment she was unexpectedly abandoned and left to suffer alone.
If indeed there was a finding of criminal negligence on the part of Nimfa, it should have also been attributed to her employer. However, not knowing the system and lacking in resources, Nimfa became a victim. Nimfa’s Filipino employer, on the other hand, was able to relieve himself of liability at the expense of Nimfa..
The case of Nimfa is a classic case of Filipinos abandoning Filipinos. It is the opposite of bayanihan and which is I would refer as “laglagan” or dumping a person at the worst possible time. Though rare, these occurrences are not unusual.
Criminal Case and Immigration
Immigration law provisions relating to issuance of green cards are very clear when it comes to criminal aliens. In Nimfa’s case, she was charged with an aggravated felony and is deportable. Her deportation will also bar her from returning to the United States with limited waivers available..
Employers Moral Obligation
It is very difficult to assess whether an employer’s action in putting the vulnerable employee in a worse situation measures up to the standard of an upright person worthy of respect from his community. Without being judgmental, it is worth mentioning that TNTs may not have the proper documentation to reside and work in the US but they have their human rights which we all must respect. Employers have legal rights but this also comes with a moral obligation to treat their employees with fairness and compassion.
(Tancinco may be reached at law@tancinco.com or at 887 7177)
