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FILIPINOS WITH OLD DEPORTATION ORDERS ARE BEING PICKED-UP BY
INS
by Michael J. Gurfinkel, Esq.
There has been a growing sense of alarm within the
Filipino community in the past weeks as a result of the reported
arrest and detention of many Filipinos under the Absconder Apprehension
Initiative Program (AAIP), launched by the Immigration and Naturalization
Service (INS) jointly with the Federal Bureau of Investigation
and the US Marshals Service. "Absconders" are those
who were ordered deported but never left the U.S. They simply
"disappeared" or "went into hiding" instead
of departing the U.S. as ordered by the INS.
The INS estimates that there are over 320,000 aliens
who have remained in the U.S. despite deportation orders against
them, or who have not left the United States despite being allowed
to "voluntarily depart" by a certain date. Many Filipinos
who applied for asylum, but either didn't go to their hearing,
or were ordered deported by the Immigration Judge, are among the
absconders targeted by INS. The move to arrest, detain, and finally
remove these "absconders" was an aftermath of the September
11, 2001 terrorist attacks on the World Trade Center and the Pentagon.
Philippine consulates in New York, San Francisco,
and Los Angeles are reporting an increase in the number of requests
by the INS for travel documentation for Filipinos, prior to taking
them to the airport for removal to the Philippines. Many are forced
to leave behind family, children, homes, jobs, etc.
One of the most publicized cases is that of William
Manalastas, a Filipino immigrant who was arrested in Elizabethtown,
Kentucky, and has been under detention for almost three months
now in an INS facility in that state. His story has been on the
front pages of many Filipino newspapers.
Manalastas's story is typical of thousands of Filipinos
who came to the U.S. on visitor's visa, and decided to stay and
work here, some legally, but most of them illegally, or by applying
for immigration benefits to which they were not entitled. He arrived
in the United States in 1992 on a visitor's visa, but decided
to remain in the U.S. and become TNT. He found work, and a year
later, his wife and four young daughters followed, also on visitor's
visas.
A friend suggested that he go to a travel agent,
who, according to his friend, had helped hundreds of Filipinos
file for political asylum and obtain work permits. He went to
the travel agent and paid $9,000 for a fictitious asylum application
that entitled him to a work authorization and enabled him and
his family to obtain Social Security numbers.
Manalastas and his wife found work, and their daughters
went to school. They thought everything was okay, until he received
a notice for his asylum interview. He went to see the travel agent
to seek his advice on how to go about with the interview, but
the travel agent advised him to get a lawyer.
After numerous court hearings and hiring three different
attorneys, his application for political asylum was denied by
the Immigration Judge. He was ordered deported, but he opted for
voluntary departure.
Rather than leaving the U.S. by his voluntary departure
date, Manalastas decided, instead, to leave New Jersey, and become
TNT (tago nang tago). He never told his daughters the true reason
for their leaving, and the family reluctantly moved to quiet Elizabethtown
in Kentucky, where he found a job at a beverage plant. His wife
found a job, too, and the kids found new friends.
Life went on smoothly for the family or so he thought.
The INS eventually tracked him down one day, when FBI agents came
knocking at his door and arrested him. He was immediately detained
at the INS detention center. The rest of the family was spared
from detention for the time being because one of the children
was a minor.
In a single day, the dreams and hopes of a better
life were shattered and the nightmare began for the family. With
Manalastas in jail, and his wife and the grown-up children unable
to work, they soon had to sell possessions to survive and pay
for legal fees.
I know that there are thousands of other Filipinos
who have outstanding deportation orders, but have remained in
the U.S., With the Absconder Program, they are now in fear that
any day now, INS or FBI agents will be knocking at their door
or at their place of work, to arrest them and send them back to
the Philippines.
I would advise these people to seek the advice of
a reputable attorney now, before the INS agents pick them up.
Although absconders are not ordinarily entitled to legal relief
or immigration benefits, it could be possible that their circumstances
could qualify them for such relief. But this determination can
only be made on a case-by-case basis, after a thorough review
of the underlying case and facts.
There may be other legal remedies that you have
available to avoid deportation, or maybe even legalize your status.
But you should see a reputable attorney, who will keep all information
about your case confidential.
The INS is serious about deporting "absconders."
You have to act now. You do not want to end up in an INS detention
facility, with all your savings and everything you have worked
so hard for gone, and your future as bleak as the day you first
set foot on U.S. soil. You do not want your family to suffer such
a fate. You and your family came to the U.S. to have a better
life. You deserve that.
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