The Philippine dailies have completely ignored the
immigration bill that is working its way through the
US
Congress even though it will have profound consequences
for the estimated 500,000 Filipinos in the Philippines
with approved immigrant visas who are just waiting for
their priority dates as well as for the estimated
500,000 to 1,000,000 Filipino "TNTs" (overstaying
tourists) in the US who may finally get a "path to
citizenship" as a result of the bill.
While I previously expressed cautious support for the
bill, the Oakland-based Filipinos for Affirmative Action
(FAA) has no such reservations in its opposition.
In a
press release, the FAA stated its belief that the
proposed bill "continues to criminalize and scapegoat
immigrants, further militarizes the border, shifts
immigration policy from family-based immigration to a
temporary employment and merit-based immigration system,
does little to fix the backlog of family petitions, and
proposes an unworkable legalization plan that would
benefit few undocumented.”
The FAA is factually incorrect when it charges that the
bill “does little to fix the backlog of family
petitions.” Title V of the bill provides 400,000
immigrant visas a year directed towards speeding up the
issuance of immigrant visas for those in the backlog. If
tjhe bill passes, the married sons and daughters of US
citizens (3rd preference) who were petitioned in April
of 2005 would only have to wait 8 years to immigrate to
the US, instead of 20 years. The same would be true for
siblings of US citizens (4th preference)who were
petitioned in April of 2005.
The problem is for those who were petitioned after May
1, 2005. Under this bill, their petitions would be
voided even if they were already approved. And those who
waited for years to become US citizens so that they
could petition their adult married or unmarried children
and their siblings will no longer be able to do so as
the bill eliminates 4 of the 5 family preference
categories.
"Title V of the bill provides 400,000
immigrant visas a year directed towards speeding
up the issuance of immigrant visas for those in
the backlog."
On the pro side, however, is the news that this past
week, the US Senate approved an amendment to the bill
sponsored by Sen. Daniel Akaka (D-Hawaii) that provides
an additional 20,000 immigrant visas to the married and
unmarried children of Filipino WW II veterans who are
already in their 80s and 90s. This bill would grant them
"immediate relative" status so that they can immigrate
to the US as soon as possible.
As Sen. Akaka noted after his amendment was approved
89-7, “it would be a great final honor for these heroes
to be joined and cared for by their adult children as
they move through their golden years.”
The FAA is correct, however, in asserting that the bill
“continues to criminalize and scapegoat immigrants”.
Unfortunately, that is already happening now and whether
this bill passes or not, the trend will undoubtedly
continue. Except that if the bill doesn’t pass, the 12
million "undocumented aliens" and “overstaying tourists”
will not have any relief from their continued
criminalization.
The FAA also believes that the bill offers “an
unworkable legalization plan that would benefit few
undocumented.” That is entirely possible but let us
recall that many thought the 1986 Amnesty Bill would
also be unworkable. As it turned out, the bill provided
green cards to at least 3 million “illegal aliens” (this
term is politically incorrect but “undocumented aliens”,
a term favored by the FAA, does not include most
Filipino TNTs who are documented but overstaying).
This bill creates a new four-year, renewable "Z"
nonimmigrant visa to the “undocumented” and “overstaying
documented” population within the U.S. The Z visa is
divided into three groups: a principal or employed alien
(Z-1), the spouse or elderly parent of that alien (Z-2),
and the minor children of that alien (Z-3). In order to
be eligible for this Z visa, one must have been
illegally present within the U.S. before January 1,
2007, be currently employed and pay fees and penalties
totaling $1,000.
The bill provides that once a Z applicant submits a
completed application, fingerprints, and is cleared by
one-day background checks, he or she will receive
probationary benefits which can eventually be converted
to a Z nonimmigrant status after all background checks
are clear and certain “triggers” are achieved.
The Z nonimmigrant may then apply to adjust status to
lawful permanent residence “after the family backlog
under Title V is eliminated if the Z applicant satisfies
the merit requirements in the points schedule set forth
in Title V, files the application for adjustment in the
Z-1's country of origin and pays a penalty of $4,000.”
The bill also incorporates the DREAM Act
(Development, Relief, and Education for Alien Minors
Act) where
“individuals under the age of 30 who were brought to the
United States out of their own control as a minor are
eligible to receive their green card after 3 years
rather than 8.”
The FAA believes that the “legalization provision is a
false promise for the 12 million undocumented… fraught
with obstacles that are a serious deterrent to the
much-needed integration of this population who exist on
the margins of society.”
The FAA considers the “requirement of continuous
employment and particularly the 'touch back' provision”
to be “unworkable”. The Z nonimmigrant who seeks an
immigrant visa is required to return to his or her
country of origin to apply for legal status using the
new merit-based, point system.
According to the FAA, “few undocumented believe that the
Department of Homeland Security, which has made its
anti-immigrant sentiments clear, will let them back in.
Since the merit system favors the educated and very
skilled, millions of the undocumented will not qualify
for legal status. Many will likely view 'touch back' as
a potential trap and not avail of it.”
The FAA may be right on that point but we will not know
for sure until the bill is passed and the system is set
in place. No one can guarantee that it will work but no
one can also say for certain that it won’t.
But what is the alternative? To believe that the US
Congress will pass a perfect immigration bill that will
contain only positive provisions with no negative
consequences is to engage in in pure fantasy. It just
won’t happen, not in our lifetime.
Let us recall that in December of 2005, the House
passed, by a lopsided margin, the extremely repressive
Sensenbrenner bill that would criminalize the 12 million
"illegal aliens" in the US. The November 2006 elections
changed only about 10% of the 435 members of the House,
enough to transfer power to the Democrats. But will it
be enough to pass the bill now being considered by the
Senate? Included in the Democratic majority are 35
members of the Blue Dog Democratic caucus who are
ideologically more Republican than Democrat on social
issues like the immigration bill.
Is the current broken immigration system better than the
one now being proposed? Should the Filipino American
community back this immigration bill or oppose it?
What do you think? Please send your comments.
RODEL E. RODIS
Rodel Rodis is a California attorney with a special emphasis on immigration law. He can be reached at 2429 Ocean Avenue, San Francisco, CA 94127 or by calling (415) 334-7800. Send comments to Rodel50 @ aol.com
Rodel Rodis is a California attorney with a special emphasis on immigration law. He can be reached at 2429 Ocean Avenue, San Francisco, CA 94127 or by calling (415) 334-7800. Send comments to Rodel50 @ aol.com