Deport me if you can - Gay Filipino TNT

by Atty. Emmanuel Samonte Tipon

Jose, a Filipino from Zambales, has come out of the closet – as a gay man and as a TNT – with a flourish. He wrote an article in the New York Times on June 22, 2011 titled “My Life as an Undocumented Immigrant” detailing his life as a TNT in the Bay Area from the time he was smuggled by a coyote using  a fake name and a fake passport  in 1993 when he was 12. Not only that, he went on Comedy Central television last week and was interviewed by Stephen Colbert.

In his article, he explained that he came out of the TNT closet because “I’m tired of running. I’m exhausted. I don’t want that life anymore.”

But in his interview, he appeared confident and combative. He mocked U.S. immigration law and policy.  Jose called it a “broken system.”  But if it is a broken, who broke it? The millions of illegal aliens who broke the law and have no right to be in the United States in the first place. Colbert told Jose “Stand up and raise your right hand.” Jose complied. “ Now raise your left hand.” Jose complied again. “Now turn around and turn yourself in.” Jose put his hands down and laughed.

So, what is the Honorable Secretary of Homeland Security and her go go go Immigration and Customs Enforcement going to do about Jose?  Will they deport him? Or will they be afraid of the New York Times or Comedy Central? Millions who have read or heard about Jose are watching and waiting. They are not laughing.

However, Jose better not land in Hawaii. Here foreign born people arrested by the police who report them to ICE without need of an Arizona-type immigration law are placed in removal proceedings if they have committed immigration violations. Even anonymous reports of immigration offenses by disgruntled relatives and “friends” are acted upon by ICE.

UNDOCUMENTED ALIEN HAS DOCUMENTS COMING OUT OF HIS EARS

While there was mixed reaction to Jose’s outing, the strongest condemnation  came from another Filipino, Michelle Maglalang Malkin, a best-seller author and  syndicated columnist who said: “With great fanfare and elite media sympathy, Jose Antonio Vargas publicly declared himself an ‘undocumented immigrant’ last week. ‘Undocumented’ my you-know-what. . .  He had documents coming out of his ears. The Times featured full-color photos of Vargas’ fake document trove – including a fake passport with a fake name, a fake green card and a Social Security card his grandfathered doctored for him at a Kinko’s. He committed perjury repeatedly on federal I-9 employment eligibility forms. In 2002, . . . an immigration lawyer told him he needed to accept the consequences of his law-breaking and return to his native Philippines. Following the rules would have meant a 10-year bar to re-entry into America. Making false claims of citizenship is a felony offense. Document fraud is a felony offense.”

Before DHS gets around to arresting and placing Jose in removal proceedings – if it will ever do – he better retain an excellent lawyer. There are certain pre-arrest strategies that can be done. If Jose is placed in detention, it is not easy to maneuver. Aliens who have committed immigration violations should be aware that Immigration judges do not like aliens who are combative or who mock immigration laws or advocate reform. They are more sympathetic to those who appear contrite and remorseful and who have done things that benefit the community rather than simply TNT.

Getting liberal legislators to file a private bill will not work. The equal protection of the laws defenders will not vote for it. The pro-Obama liberals did not even try the private bill route when his aunt was placed in removal proceedings.  It can buy time, though.

How about Jose marrying another gay guy who is a U.S. citizen?
   
(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.)