Discriminatory enforcement of immigration laws - is it okay?

by Atty Emmanuel S Tipon

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  U.S. Constitution, Amendment XIV.

An attractive Filipina girlfriend of my wealthy real estate client wanted to visit the United States. She applied for a tourist visa. Denied. An immigration herbolario suggested she apply again for a tourist visa attaching a letter of invitation from a U.S. company. Denied again. My friend told his girlfriend to apply again. I predicted it would be denied. At the interview, he accompanied her. The consul told him to sit in a corner. He would not allow him to talk. The consul denied the third application.

My friend was very angry. He said they would file another application for a tourist visa. I told him “three strikes and you are out.” He complained about racial discrimination.  “The consul is white like yourself.  Why didn’t you tell that to his face. You are a big guy. I bet he was a pipsqueak,” I remarked.

BLAME TNTs

Can you realistically blame consuls for denying visas to most Filipinos? Racial discrimination? Only they know. Have you thought of blaming Filipinos who preceded you in obtaining tourist visas? Thousands never returned. They became TNTs (“tago ng tago” or hide and hide). It is a blot on a consul’s record if the Filipino to whom he gave a visa becomes TNT.


My friend said he would call his congressman. “Unless you call Obama, they won’t give her a visa. Don’t tell him you are Republican. You have a better chance of getting her a fiancée visa. Before you do that, because of the three denials, they would scrutinize her fiancée visa application, suspecting it is a ruse to go to the U.S. You have to prove by clear and convincing evidence that you really have a fiancé-fiancée relationship.” How? “Buy her a condo in the Philippines  where you can stay together. Travel around the world with her. Pictures, pictures, take a lot of them. And the ultimate – get her pregnant.” They did everything, except the last. The girl got a fiancée visa, came to the U.S., they married, and are going to the Mardi Gras in the Big Easy for their honeymoon.

SOME NON-WHITES COME TO U.S. WITHOUT VISAS

Claims of racial discrimination against non-whites in immigration would  ring hollow in light of the fact that Japanese do not even need visas to enter the U.S. under the visa waiver program. Have you met any Japanese TNT or seen one in deportation court? Now South Koreans don’t need visas. Filipinos? Ask Baroc. Many of you voted for him.

Assuming there is racial discrimination in immigration, it has been held that persons saying so have not pointed to any authority clearly establishing an equal protection right to be free of selective enforcement of the immigration laws based on national origin, race, or religion. Turkmen v. Ashcroft, No. 06-3745, Dec. 18, 2009 (CA2). (involving Arab and Muslim aliens detained on immigration violations after 9/11). 

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites: www.MilitaryandCriminalLaw.com, and www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most witty, interesting, and informative radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at  www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)