No cause for panic

AS payback for the Philippine government's withdrawal of its peacekeeping mission to Iraq, the US government has targeted 300,000 Filipino immigrants for deportation. This is the rumor that is spreading like wildfire in the Filipino
community.

The rumor has caused panic and hysteria among Filipino TNT (undocumented out of status) community estimated to number about 400,000. They are now literally "Takot Na Takot" (very afraid) and "Tago Nang Tago" (hiding and hiding) from the immigration authorities.

The rumor was based on speculation that the recent spate of deportations of Filipinos -- most notably the Cuevas family -- was related to the Philippine withdrawal from the "Coalition of the Willing" even though the deportation of
the Cuevas family occurred before the kidnapping of Angelo de la Cruz in Iraq.

The speculation, however, generated the introduction of a formal resolution in the Philippine Congress condemning the mass deportation of Filipinos in the US in retaliation for the Philippine government's withdrawal of troops from
Iraq. The House Resolution was sponsored by Representatives Teddy Casino and Satur Ocampo from the leftist party-list group, Bayan Muna.

The congressional resolution, in turn, drew a press release response from Robyn Rodriguez, spokesperson of the Support Committee for the Cuevas Family. Her response has been widely circulated in the Internet as it has been forwarded to my email from different sources.

Here is an excerpt from the release: "Philippine officials report that an estimated 300,000 Filipino immigrants are being targeted for deportation from the United States. Some even suggest that the deportations, as indicated by the most recent mass deportation of 89 last Friday, might be a retaliatory measure on the part of the US against the Philippines' withdrawal of troops from Iraq. The troop withdrawal led to the release of Filipino migrant worker Angelo de
la Cruz who was held hostage by an Iraqi group."

As a result of this rumor, many Filipino TNTs have been e-mailing me and calling my office concerned that any day now, any moment now, US Department of Homeland Security agents will be barging into their homes to pick them up,
handcuff them, and take them to the airport and deport them in shackles.

Stop. Take a deep breath. Inhale. Exhale. Relax. Let's separate the facts from the rumor. In response to the terrorist attack of September 11, 2001, the US Congress passed -- without debate or discussion -- the USA Patriot Act, which severely curtails the rights of American and non-citizens. Soon after, the US Department of Justice issued a directive to all law enforcement officers making aliens who have remained in the US after receiving final deportation orders -- a priority for arrest and apprehension. This was the infamous Absconder Apprehension Initiative.

According to its author, Deputy Attorney General Larry Thompson, the purpose of the Initiative "is to locate, apprehend, interview and deport... 'absconders.'" The memo defines absconders as "aliens who, though subject to a final
order of removal [deportation], have failed to surrender for removal or to otherwise comply with the order."

On February 25, 2002, the National Fugitive Operations Program (NFOP) was officially established under the auspices of the Office of Detention and Removal. Its mission was to seek out and detain an estimated 314,000 "absconders"
beginning with the apprehension of 6,000 "absconders" from the Middle East.

Although a majority of the 314,000 "absconders" are from Latin America, the initial target aliens were from those countries which were deemed to have harbored al-Qaida terrorists.

Unfortunately, included along with the Muslim countries, was the Philippines because of the activities of the Abu Sayyaf and their well-publicized capture of American missionaries Martin and Gracia Burnham.

Even though Philippine President Gloria Macapagal-Arroyo supported the US-sponsored "Coalition of the Willing" and its war in Iraq, Filipinos were still included in the "absconder" target list. American government officials just
could not comprehend that the activities of the Abu Sayyaf were confined to the island of Basilan in the Philippines and that they were just kidnap for ransom bandits.

Special "apprehension teams" were formed to conduct the mass roundup of absconders, including agents from the FBI, the INS and the US Marshals Service. Among the first to be picked up was William Manalastas. William Manalastas was living in Elizabethtown, Kentucky with his wife and four daughters who grew up believing they were American citizens The daughters came to the US as children and were unaware that they were out of status and that their father had been placed in deportation proceedings after his H1B petition was denied. After an immigration hearing, the father was ordered deported and he appealed the ruling.

After many years, William Manalstas lost track of the status of his appeal. On March 5, 2002, a special "apprehension team" appeared at his home to pick him up for "overnight" questioning.

William was interrogated and asked if he had ever been to Afghanistan or ever owned a gun or felt any sympathy to Osama bin Laden. Although the answer was negative to all eight pages of standard questions, William remained in custody for 110 days and was transferred to different detention facilities, out of contact with his family.

On June 25, 2002, William Manalastas was flown in shackles to El Centro, California. Together with 62 other Filipino men and women, he was then bused to Yuma, Arizona where they boarded a special chartered plane ("Absconder Air")
that flew them, in handcuffs, to Clark Air Base in Pampanga, Philippines. Between October 2001 and June 2002, nearly 500 Filipinos were deported from the United States, according to the INS. In the two years since then, over 2,000 Filipinos have been deported, including the entire Cuevas family. It is my estimate, based on anecdotal rather than empirical information, that Filipinos make up no more than 10 percent of the absconder list.

It is not only TNTs who are being deported. A significant percentage of the deported Filipinos were legal immigrants (green card holders) who had been convicted of deportable offenses including domestic violence and possession of
drugs (like shabu) or guns.

While there is clearly some basis for the paranoia, it should not be exaggerated. Filipino TNTs who are apprehended by agents of the INS (now known as ICE -- Investigations and Criminal Enforcement) cannot just be brought to the
airport and deported unless they already have final orders of deportation against them.

Otherwise, they are entitled to due process which means that they have a right to an attorney and to have a hearing before an immigration judge where they can apply for "affirmative relief" which can be in the form of adjustment of
status (if they are married to a US citizen), political asylum, withholding of removal or cancellation of removal.

Out of the more than 300,000 people on the absconder list, the US government has announced that 106,385 have already been apprehended and deported.

While there may be cause for anxiety for TNTs, there is no cause for panic. A word of advice: don't stay in the same place for too long. And consult with an immigration attorney.

Send comments to rodel50@aol.com or write the Law Offices of Rodel Rodis at 2429 Ocean Avenue, San Francisco, CA 94127 or call +415 334 7800.