USA
Today published on November 18, the results
of a poll it conducted showing that 46% are against President Obama’s plan to
issue an executive order granting amnesty to millions of illegal aliens while
42% were in favor.
Considering that USA Today is
generally regarded as a liberal (translation pro Obama) newspaper, one can
speculate that the margin of error is at least 10%, meaning that 56% could be
against amnesty.
A question of fairness and the rule of law
During our radio talk show on community issues at KPRP in
Honolulu on Monday morning the three panelists—Atty. Abraham Mariano, newspaper
editor Rafael Alimbuyuguen, and this writer—albeit with different political
persuasions, were unanimous in opposing Mr. Obama’s planned amnesty on the
ground that it would be unfair to Filipinos who are following the law and
patiently waiting in line for the visas of the relatives they petitioned to
become available. I described the situation as akin to that of a movie
theater’s patrons with tickets waiting in line for the doors of the theater to
open and then suddenly a lawless group breaks into the line and shove the
patrons aside. The manager gives amnesty to the lawless and allows them to
enter ahead of the patrons.
If amnesty is granted, Mr. Obama
will have to take hundreds of immigration officers currently assigned to
process petitions away from their duties in order to process the petitions of
the amnestied. This will delay even further the processing of the papers of the
law abiding. This is what happened when the Obama administration granted
amnesty to the children illegally brought by their parents to this country
(DACA).
The Obama administration
cannot just hire new immigration officers. It takes at least a year to hire a
new immigration officer based on my experience when I was hired. Immigration
has to test the applicant’s knowledge of immigration law, skills, character,
fitness for the job, mental health, physical health, drug tests, and interview
the applicant’s neighbors and references.
After our radio show, I went
to the coffee shop across my Honolulu office and conducted an informal poll of
the Filipino habitués, many of whom are Democrats. They were also unanimous in
opposing amnesty.
I later visited my friend
Atty. James A. Stanton, one of the best immigration lawyers in Hawaii, with
whom I work in handling a number of deportation cases, what he thought of Mr. Obama’s
planned amnesty. He said that although it is possible some of our clients might
benefit from it, he was not in favor of amnesty and added that he could not
imagine any Filipino supporting it.
Obama amnesty will spawn frauds and scams
But there are. I got a call from a Filipina who refused to
give her name but whose telephone number is recorded in my cell phone saying
that a “friend” has been in Hawaii for about 20 years and that her tourist visa
had expired. Somebody had asked her friend to pay $1,000 so that “the somebody”
could fix her amnesty application, plus another $1,000 for the filing fee. She
asked how much I charge. See, Obama amnesty has already spawned rackets and
scams and Mr. Obama has not yet issued the executive order. There will be other
rackets and spams. In 1986 I was asked by the San Francisco INS District
Director who was my friend to assist without remuneration in the processing of
the applications of illegal aliens granted amnesty by an immigration reform act
which required that the illegal alien must have been in the country before
January 1, 1982. Obama amnesty will also likely have a cutoff date. To prove
that they were here before the cutoff date, several aliens produced pre January
1, 1982 rental receipts. They were evidently carbon copies with only the dates
changed. Some aliens produced pre January 1, 1982 electric bills which were photocopies.
How can the electric consumption be exactly the same for several months? There
were also fake sales receipts from stores in the Mission District that did not
even exist before 1982. After a few days, I told the director that I could no
longer stomach this massive fraud against the United States.
(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. 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. This article is a general overview of the subject matter discussed and is
not intended as legal advice. 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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