April 24, 2013

Immigration reform: Be careful what you wish for

by Atty. Emmanuel Samonte Tipon

There are a number of people who believe that immigration reform will cure the nation’s ills, including some Filipinos. “Be careful what you wish for ‘cause it might come true,” as the song by Gabby La La goes. The cure may be worse than the problem.

Sources from the Gang of Eight senators who are crafting an immigration reform bill indicated that the 4th preference category covering petitions by U.S. citizens for their brothers and sisters will be eliminated apparently to make room for increasing the visas available for employment-related visas. This category has been a great source of joy for many Filipino immigrants who want to be reunited with their siblings. Their joy will now turn to sorrow if this immigration bill will be enacted. How will they be able to reunite in the “land of milk and honey” with their siblings.

Instead of supporting the bill, Filipinos should oppose it. There is a movement in Hawaii to get signatures to a resolution opposing this provision of the bill. This writer is not involved in this movement. This writer is totally opposed to this proposed immigration reform bill because it promotes lawlessness and harms our law abiding immigrants.  It is nothing but an attempt by certain Democrats to increase their membership by adding eleven million new voters. Their belief is that these eleven million will be so grateful that they will always vote Democratic.  If the RINOs (Republicans In Name Only) support this bill, the Republican Party is doomed to be the minority party forever. Sen. McCain lost the election in part because many Republicans who believe in “law and order” did not support him believing that he was playing footsie with then Sen. Kennedy on a “path to citizenship” (aka amnesty) for illegal aliens.

IMMIGRATION REFORM LAWS PREJUDICIAL

Every so-called “immigration reform” law has caused prejudice to legal immigrants. One immigration reform law concocted the term “aggravated felony” as a basis for deportation. When first adopted, it covered only serious offenses like murder, kidnapping, and rape. The concept kept expanding until it covered even swindling of another if the amount involved was more than $10,000 or tax evasion involving more than $10,000. Another “immigration reform” law required mandatory detention for alien criminals even though their offense involved simple drug possession for which the state criminal court did not even impose a jail sentence but simply probation because it was their first offense. How many Filipinos are now in federal detention some for over four years awaiting adjudication of their deportation case?  Imagine their suffering and their families’ suffering as their principal breadwinner remains in jail. There are countless harsh consequences for immigrants in the various immigration reform bills that have been enacted.

One can only wonder what additional hardship this new so-called “comprehensive immigration reform act” that will be unleashed this week will impose on legal immigrants while coddling (cuddling ?) illegal aliens who have been in the U.S. before December 31, 2011.  Entering the U.S. illegally is a criminal offense. Six Filipinos were recently convicted for doing so, even though they had visas which turned out to have been obtained fraudulently because their petitioner was already dead when they applied for a visa and concealed such fact to the U.S. consul.

The drafters and supporters of this “immigration reform” bill apparently do not care about the millions of law abiding would be immigrants who are waiting patiently for visas to become available – many for more than 20 years. Some of them could be your relatives or your kababayan’s relatives.

The excuse for amnesty is that it is not practical to deport illegal aliens. Why not? Immigration Judges are deporting scores every working day. Immigration authorities are deporting thousands every day without a trial. The Obama administration is reputed to have deported more than a million illegal and criminal aliens during his first term – more than any other President.  Does not the President deserve cheers: “Keep up the good work, Mr. President.”

CIRA is the acronym for this proposed “Comprehensive Immigration Reform Act”. SIRA (defective) is more apt.


(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; 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 funny, interesting, and useful 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. No attorney-client relationship is established between the writer and readers relying upon and/or acting pursuant to the contents of this article.)

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