This week, leaders of the NAGKAISA Labor Coalition met with representatives from the Asian Pacific American Labor Alliance (APALA) in Manila to discuss, among others, the challenges faced by Filipino workers in the United States, particularly those who are undocumented.
The meeting shed light on the growing concerns over deportations and the urgent need for legal assistance to help undocumented Filipinos explorers relief options available for them and to ensure their due process rights are respected.
“NAGKAISA was apprised of the worsening situation of undocumented Filipinos in the U.S. who are at risk of deportation. Many of them may have legal options to stay in the US,” said NAGKAISA Chair and FFW President Sonny Matula.
APALA leaders emphasized that several undocumented Filipinos could qualify for relief under U.S. immigration laws but lack access to proper legal assistance, putting them at risk of unnecessary removal.
CALL TO ACTION: PHL MUST STEP IN
NAGKAISA urged the Philippine government to step up and provide direct legal assistance to undocumented Filipinos in the U.S., rather than merely advising them to leave voluntarily.
“There are legal remedies available for many undocumented Filipinos, yet they are being deported and some others voluntarily leave because of incorrect information. Many more are in the process of removal. The problem is that they do not have the correct information and access to legal help to make informed decisions. The Philippine government cannot just stand by—it has a constitutional duty to protect Filipinos, whether they are in the country or abroad,” said Ian Seruelo, an APALA lawyer based in San Diego.
LEGAL REMEDIES AVAILABLE
According to APALA, many undocumented Filipinos in the U.S. are not automatically subject to deportation and could potentially avail of some form of relief. These include: Family-Based Petitions—marriage to a U.S. citizen or permanent resident can allow an undocumented Filipino to apply for a green card; Employment-Based Visas—Some undocumented workers may be able to change their status based on their work history; U Visas for Crime Victims–Filipinos who have been victims of crimes and assisted law enforcement may qualify for U visas.
APALA added that other forms of relief available also include:
• T Visas for Trafficking Victims – Those who were trafficked into the U.S. for forced labor or exploitation may apply for T visas;
• Asylum or Withholding of Removal – Filipinos facing persecution in the Philippines for political or social reasons may apply for asylum;
• Deferred Action for Childhood Arrivals (DACA) – Those who entered the U.S. as minors before June 15, 2007, may still qualify for protections under DACA; and
• Cancellation of Removal – Undocumented individuals who have lived in the U.S. for at least 10 years, have good moral character, and whose removal would cause exceptional hardship to a U.S. citizen relative may apply to cancel their deportation.
Atty. Sonny Matula, FFW president and senatorial candidate of the Workers’ and Peasants’ Party (WPP), stressed that “it is the Philippine government’s constitutional duty to protect overseas Filipinos.
“The 1987 Philippine Constitution explicitly mandates the government to protect Filipino workers, including those abroad (Article XIII, Sec 3, Artcle XVI, Sec 12 and Article II, Section 8. Given these constitutional mandates, it is unacceptable for the Philippine government to simply tell undocumented Filipinos to leave voluntarily without first offering legal aid or exploring possible relief options,” Matula said.
NEED FOR ACTION, NOT JUST WARNINGS
In a statement, NAGKAISA said: With an estimated 370,000 undocumented Filipinos in the U.S., the solution cannot be a one-size-fits-all ‘umuwi ka na lang’ approach. Many Filipinos have built lives in the U.S., contributed to the workforce, and may still have legal options to stay.
“Instead of leaving them to fend for themselves, the Philippine government must take a proactive role in ensuring they have access to legal resources, assistance, and due process in their immigration cases,” Matula added.
NAGKAISA and APALA reiterated that they stand with Filipino workers abroad and demand urgent government action to protect undocumented Filipinos from unnecessary deportation.
