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For the past 17 years, The Filipino Express has provided the Filipino American community the best news, arts and entertainment coverage from around the United States and the Philippines.
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This website includes selected articles from this week's edition of the Filipino Express. Not all the stories published in the printed version appear on this site.
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Immigration myths and fallacies
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IT IS ironic that as the most powerful nation in the world, and as the most technologically advanced nation in the planet, the United States government has continuously based its immigration policies on myths and fallacies.
The restrictionist immigration policy in this country, made even more tougher with President Bush’s signing of the new domestic security bill and the Homeland Security Secretary Michael Chertoff’s “catch and return” announcement a couple of weeks ago, has been the result of the belief that letting in more immigrants is bad for America.
This belief, however, has long been discredited by facts and actual studies. Let us take the three most pervasive immigration myths one by one.
Myth Number 1: Immigrants are a drain to the US economy. On the contrary, immigrants actually contribute a lot to the US economy, which, according to the National Research Council (NRC), could be as high as $10 billion per year. The average immigrant, based on the same report, actually pays $1,800 more in taxes than the cost of the public benefits (such as health care and education) that he or she receives.
The truth is that undocumented immigrants are actually subsidizing the US social security. The Social Security Administration had already accumulated $463 billion as of 2002, largely because of illegals who pay their dues but cannot claim any benefits.
Myth Number 2: Immigrants are stealing away jobs from Americans. The reality is that the American workforce is aging and population growth rate is not fast enough to fill in jobs. From 2002 to 2012, the number of Americans 55 years and over will increase by nearly 50 percent; the number of younger workers (aged 25 to 54) will rise by only 5.1 percent.
Plus, immigrants are doing menial jobs that the average Americans no longer want to perform, such as domestic work and health care positions.
Myth Number 3: Immigrants, especially the undocumented ones, are a threat to the US’ national security. Ten million undocumented immigrants will continue to pose a threat to national security as long as they are undocumented.
Legalize their status and you obtain information about them. They no longer will go under the radar; they will be part of the government’s database of citizens.
Although we are already in the age of information superhighway, it is sad to know that myths still persist.
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Sowing fear and intimidation
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ABOARD AMERICA WEST --- The concern of Filipino American journalists and publications that they write for is libel claimants who seemed more interested in “teaching a lesson to a writer” or monetary gain than in justice.
For small and independent publications like this newspaper that reports and encourages issues and views about our community, it is always a target of threats in every shape and form.
The threat of a multi-million litigation against this newspaper and me – which is to be handled by a big-time, powerful law firm – is floated around vigorously and brazenly by certain individuals. I believe the real intent is to temper my views and opinion and submit myself to their direction. As for this newspaper, I think the purpose is to close it down because it carries my column.
I write about matters of legitimate public interest and I consider my views and opinion as “fair comment and criticism.” If they find it caustic and damaging to them, then they do not believe in the U.S. Supreme Court landmark case, New York Times vs. Sullivan, which raised the bar to an extraordinarily high level for “public figures” to sue for libel.
Establishing a constitutional standard, Justice William Brennan, writing for the majority, noted in that decision the necessity to ensure that “debate on public issues” remains “uninhibited, robust and wide-open,” even to the point of including “vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials.”
According to my limited knowledge of the law, public figures are those persons who “have thrust themselves to the forefront of particular controversies in order to influence the resolution of issues involved.”
Recently, friends and relatives have told me that an individual approached them to alert me that my assets including my wife’s savings and salary would be subjected by the court’s disposition. If that wasn’t outright intimidation, what do you call such action?
Not only do I dislike their callousness but I also do not understand their lack of understanding in reading the intent of my column. I write about public figures, issues and concerns that affect our community without malice.
Our critics are considered rich, powerful and politically connected. But I cannot compromise integrity over their threats and intimidation nor submit myself to their lordship True, I may be poor and has no friends that are rich, influential and powerful but I am at peace with what I write about and the community I serve.
And by no means do I consider my column damaging to those who occupy positions of “persuasive power and influence” and those who enjoy “pervasive involvement in the affairs of society.” To me, in a community based upon the principle of democracy, an informed populace is much more important.
On the contrary, I believe that any person who sows fear and intimidates journalists and publications stifles the free flow of information. In effect, such a person is wielding a prior restraint to what we as journalists should write about. Obviously, this is in violation of the First Amendment enshrined in the U.S. Constitution.
Imagine a community without access to news and a commentary about the issues of the day. An informed community makes informed choices, which is the hallmark of democracy.
Public figures invite attention and assume the risk of adverse publicity. However, should they disagree with the views expressed in a commentary, they have sufficient access to the means of counter argument to be able to expose through discussion matters they do not agree about.
I maintain that so long as the matter discussed in my column is of legitimate public interest and the comment expressed is without malice and my honest opinion, I consider it as privileged.
For the rich and the famous, the powerful and the politically connected people, including their friends and subjects who kowtow to their master’s whim and caprices, they can do anything and everything to sow fear and intimidation.
But we, the poor and the lowly toilers will continue to inform the public which we serve with integrity and responsibility. We are like David fighting a mighty and powerful Goliath.
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I’VE NEVER walked for the cure nor bought any of those pink things they are selling these days in the name of breast cancer awareness. It is not for lack of caring but for fear.
You see, most of the time I try to not think about the deadly disease. Yeah, you heard me – I try to forget about it. I try not to remember how breast cancer took my mother away from me when I was just a teen and how it stole her mother away from her when she was even younger.
I try not to think about the fact that I am at high risk from the disease. But it is real, it is there, it is in my blood literally. And I live in constant fear of being attacked, of getting sick, of leaving my young sons too soon.
So you think you know about breast cancer because you’ve read all the articles, watched Oprah and even sport some pink-thing-or other. But you don’t know breast cancer until you’ve watched someone suffer and eventually succumb to it.
The American Cancer Society (ACS) estimates that 211,240 women will be diagnosed with breast cancer in the US this year alone, and 40,410 women will die from the disease. You can understand my worries.
Sometimes I wonder if my family is cursed. They used to say cancer skipped generations – but not in my family. When my mother passed away, we could only hope it would skip our generation but alas, it did not. My younger sister had a bit of a scare with a benign lump last year and this year my first cousin was positively diagnosed. It seems like a losing battle but I shouldn’t give up.
I know I am at risk, so all pink things aside, I try to stay on top of things -- I do the monthly self-exams and watch what I eat. I must admit I haven’t had a mammogram yet but that’s because I am breastfeeding so that’ll have to wait till next year.
According to the ACS finding breast cancer at an early stage greatly improves the chances of successful treatment. Wish my mom had know that.
Right now, all I can do is hope and pray. And yes, support breast cancer research. So go ahead if it takes the color pink to find a cure, then go ahead, knock yourself out. If it takes wearing pink from head to toe, then so be it.
email. manilagirl01@hotmail.com, www.missingmangoes.com, www.manila-girl.com
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Chicago, ILLINOIS --- Perhaps, some members of the press in our community, who have not yet joined in in one of the two press clubs in this very small yet vibrant community, should now step forward and hop in.
The choice is clear: Should you want to join a club that is waiting for things to happen. Or a club that makes things happen, which is what our very own NPC-Phil. U.S.A. is doing.
In fact if the uncommitted would like to go a notch higher, they can also join the Chicago Journalists Association headed by our special guest, Mr. Allen Rafalson, who is inviting some of our members to join his 66-year-old club.
I am now in the middle of my two-year term and I am happy to report to my club that from an original three founding members of our club six years ago, I mean, Bart & Yoly Tubalinal, publishers and editors of Fil-Am Weekly Megascene, and myself, we now have grown to have 30 members and our club can now join the Filipino American Council of Greater Chicago, the dominant umbrella group in these parts headed by Mr. Herminio “Ka Miniong” Poblete, who as co-sponsor of this event, had offered the use of this Rizal Center facilities tonight rent-free. Thank you Mr. Poblete.
Antonio 3rd NPC Prexy to Visit the Club
This is the third time that the NPC-Phil. U.S.A. is hosting the president of the National Press Club of the Philippines. The first time was in 1999 when Mr. Fred Gabot inducted the first set of officers of our club. Then, several years later, we also held a reception for Mr. Louie Logarta, who launched a membership campaign.
This time, of course, we are honored to have with us Mr. Tony Antonio, my colleague in the Manila Bulletin, a daily newspaper in the Philippines, the five-time president of the press group which has more than 1,000 members.
Perhaps, those outsiders looking in are asking, why are we even joining a press organization?
The answer is very simple: “No man is an island,” according to Thomas Merton.
Alone, you cannot measure your progress. You have to measure up to your competition. Your readers would not like to patronize a mediocre product.
Because the career of print, broadcast or multi-media journalists are dealing with people, you cannot isolate yourself from the rest of the world and succeed in this business.
And what do you accomplish when you form or join a press association?
3 Pillars of a Mission
Plenty.
As a professional group, the NPC-Phil. U.S.A. can remind members of the observance ethical rules of the trade.
As an educational group, the NPC-Phil. U.S.A. can nudge members to improve their craft.
And as a support group, the NPC-Phil. U.S.A. can extend moral and perhaps material support to our colleagues in the trade, just like we are doing tonight, as we will hear from Mr. Antonio how members of our club and perhaps the CJA can help in the plight of fallen journalists from the Philippines, the country with the highest number of domestic journalists killed in the world.
Coming together is a beginning
I hope some of our members who are not here with us tonight will also have in mind __expression of American industrialist Henry Ford, “Coming together is a beginning; keeping together is progress; working together is success.”
And course, let’s always have this outlook towards the club: “We will can only achieve more for our club without taking any credit for the good things you have done to the club.”
With these thoughts, let me welcome all our distinguished guests to this momentous event. Enjoy the evening.
This column is a speech to be delivered at the Fellowship Night and Reception for NPC President Tony Antonio, CJA President Allen Rafalson and Daily Herald’s Mike Comerford by the NPC-Phil. U.S.A. on Saturday, Oct. 29, at 7 p.m. at the Rizal Center, 1332 W. Irving Park Road, Chicago, Illinois.
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DHS told to dismiss certain pending deportation cases
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OFFICIALS at the Immigration and Customs Enforcement (ICE) were recently instructed by Headquarters in Washington D.C. to dismiss (or join in a motion to dismiss) deportation/removal proceedings that are pending before an Immigration Judge, when it is determined that the alien is immediately eligible to adjust status.
For example, an alien might be in the middle of deportation/removal proceedings based on a denied asylum case, but is married to a U.S. citizen in a true, love relationship. In such a case, it is likely that adjustment of status would be approved. The memo instructs that the deportation/removal case should be dismissed, and the alien should be referred to the U.S. Citizenship and Immigration Services (USCIS), where the adjustment could be approved in the normal course, just as if there were no deportation/removal case pending.
The reason for this new policy is to “reallocate limited ICE resources to priority cases by dismissing appropriate cases” where it appears that adjustment of status “appears clearly approvable.”
In other words, Washington does not want ICE spending precious time and resources going after aliens who are clearly eligible for a green card. Instead, ICE should focus on removing people who might have committed serious crimes, have no “readily available” form of relief, etc.
According to the memo, in order to be eligible to have a pending deportation/removal case dismissed:- The alien must demonstrate “prima facie eligibility” for adjustment of status based on a properly filed application for adjustment of status.
- Where the application for adjustment of status is based on a visa petition, (like a family petition) the removal case may be dismissed if the petition is approved and a visa is “immediately available” (i.e. the priority date is current), or the record establishes a long-term relationship and approval of an immediately available petition is likely. In other words, you have to show that the underlying petition is valid, and that if there were no deportation/removal proceedings pending, the alien would have been eligible for adjustment of status at the present time.
- The alien must demonstrate that the application for adjustment of status appears “clearly approvable”, meaning that the alien, and whoever is petitioning that alien, meet all applicable legal requirements, and that the alien is immediately eligible for adjustment of status (or green card).
If an alien is able to demonstrate immediate eligibility for adjustment of status, a motion may be filed with the Immigration Judge, to dismiss the case “without prejudice”, (meaning that if the case is dismissed, ICE still reserves the right to re-file removal proceedings, if the adjustment is, for some reason, not eventually approved).
If the motion to dismiss is granted, the deportation/removal proceedings should be closed, and the adjustment application can be referred to the USCIS, just as though there was no deportation/removal proceeding pending.
This is great news for aliens who are currently in deportation/removal proceedings, and are presently eligible for adjustment of status, such as where they are being petitioned by a U.S. citizen spouse, being petitioned by an immigrant spouse and the priority date is current, or being petitioned by an employer through labor certification, and the petition is approved and the priority date is current, etc. It may not necessarily apply if the alien has already been ordered deported, or if an alien is not immediately eligible to file for adjustment of status, (such as where they were petitioned by a parent, sibling, employer etc., but the priority date is many years away from being “current”)..
If you think that your pending deportation/removal proceeding is covered by this new memo, I would strongly suggest that you seek the advise of a reputable attorney, who can analyze your situation to determine if it meets these requirements, and could assist you in contacting and dealing with the ICE in connection with convincing them to have your deportation/removal proceedings dismissed, and assisting you in pursuing adjustment of status before the USCIS.
Michael J. Gurfinkel has been an attorney for over 24 years, and is an active member of the State Bar of California and New York, as well as the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California.
WEBSITE: www.gurfinkel.com
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Telephone: (818) 543-5800
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Telephone: (212) 808-0300
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Telephone: 894-0258 or 894-0239
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