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For the past 21 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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WASHINGTON, D.C. -- A bipartisan group of senators reached a delicate compromise on Thursday, May 17, on what could be the biggest overhaul of immigration law in more than 40 years. It would offer the nation’s 12 million undocumented workers a route to legal status.
The measure, which senators hope to bring to the floor for debate and a vote before they leave for Memorial Day, was announced at a press conference later Thursday afternoon by senators from both parties.
Under the deal, undocumented workers who crossed into the country before Jan. 1 would be offered a temporary-residency permit while they await a new “Z Visa” that would allow them to live and work lawfully here.
The head of an illegal-immigrant household would have eight years to return to his or her home country to apply for permanent legal residence for members of the household, but each Z Visa itself would be renewable indefinitely, as long as the holder passes a criminal background check, remains fully employed and pays a $5,000 fine, plus a paperwork-processing fee.
A separate, temporary-worker program would be established for 400,000 migrants a year. Each temporary work visa would be good for two years and could be renewed up to three times, as long as the worker leaves the country for a year between renewals.
To satisfy Republicans, those provisions would come in force only after the federal government implements tough new border controls and a crackdown on employers that hire illegal immigrants. Republicans are demanding 18,000 new Border Patrol agents, 370 miles of additional border fencing and an effective, electronic employee-verification system for the workplace.
“This is not the architecture of an immigration bill that I would have initially liked to see,” conceded Sen. Edward M. Kennedy (Mass.), the Democrats’ chief negotiator when news of a tentative deal became known, “but we’re not dealing with that. This is a legislative process.”
The agreement would effectively bring an immigration overhaul to the Senate floor next week, but its passage is far from assured. The framework has the support of the White House and the chief negotiators, Kennedy and Sen. Jon Kyl (R-Ariz.). But immigration rights groups and some key Senate Democrats remain leery, especially of changing a preference system that has favored family members for more than 40 years.
“When they say, ‘We’re all in agreement, we have a deal,’ certainly I don’t feel that way,” said Sen. Robert Menendez (D-N.J.).
Since 1965, migrants have needed a sponsor in the United States, meaning that virtually all immigrants have had family members or employers already here.
The new proposal would augment that system with a merit-based program that would award points based on education levels, work experience and English proficiency, as well as family ties. Automatic family unifications would remain but would be limited to spouses and children under 21. The adult children and siblings of U.S. residents would probably need other credentials, such as skills and education, to qualify for an immigrant visa. A number of unskilled parents would be allowed in, but that flow would be capped.
To Republicans, the new system would make the nation more economically competitive while opening access to a wider array of migrants. “I think you’ll find the point system to be pretty well balanced,” said Sen. Arlen Specter (Pa.).
But to immigration groups, the proposal is a radical break from existing U.S. law, and without changes, they could withhold their support from the final bill.
“We want to see an immigration reform debate on the Senate floor. We want to see this move forward. But we are wildly uncomfortable with a lot of what we’re hearing,” said Cecilia Muńoz, chief lobbyist for the National Council of La Raza.
The other hurdle will come from the temporary-worker program. The immigration bill that passed the Senate last year with bipartisan support would have allowed laborers entering the country as temporary workers to stay and work toward citizenship. But Republicans said this year that they could support such a program only if the workers would be truly temporary.
Immigration groups say such a program would only spur a new wave of illegal migration, as temporary workers go underground once their work permits expire. Perhaps more importantly, two powerful service unions -- the Service Employees International Union and Unite Here -- have threatened to pull their support from any immigration bill that would not give temporary workers a way to remain in the country, fearing that a truly temporary program would drive down wages for low-skill work.
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SAN JOSE, California -- Dozens of Filipino Americans protested outside the Santa Clara County Hall of Justice on Tuesday afternoon, May 15, rallying in support of a Filipino-American family who they allege are the victims of racial profiling and excessive force by San Jose police.
“We have gathered here to show support and solidarity for the family,” said Rowena Tomaneng, a member of the Justice for Custodio Family Campaign. “The Filipino community is outraged at the behavior of the San Jose Police Department.”
The crowd, gathered in support of the family, waved signs with messages like “protect and serve’’ and “end police brutality’’ while others chanted protests and urged support from passing motorists.
The San Jose Mercury News reported that Assistant Police Chief Tuck Younis said there has been nothing to indicate the officers did anything wrong.
“This is the first we heard of any allegation of excessive force against the officers,” Younis said. “We checked with our internal affairs division and have not received any complaints and that would also include the independent police auditor.”
Younis declined to discuss the criminal case facing the family because it is pending in court. But Tomaneng disputed Younis’ claim that this was the first racial profiling and excessive use of force case against the city police.
“The San Jose Police Department has been under scrutiny recently for its routine and systematic practice of racial profiling against the Blacks and Latinos in the city and for use of excessive force against poor, racial, and immigrant communities,” said Tomaneng, who is also a member of MALAYA, a San Jose Filipina women’s organization.
“They need to stop racially profiling our community and they need to stop assaulting unarmed citizens,’’ Raj Jayadev said, spokesman for the Justice for the Custodio Family Campaign. “We think there are some structural problems with the police that need to be corrected immediately.’’
“I’m appalled with police conduct against the Custodio family and urge the District Attorney’s Office to drop charges against the family members right away,’’ said Dr. Peter Chua, a sociology professor at San Jose State University. “This is a clear case of police misconduct and hypocrisy. The police charged them with resisting arrest. The offending officers should be facing criminal charges.’’
“This family is a good, hard working family,’’ Mike Gray, a Custodio family friend said. “This should never have happened, we shouldn’t be here today.’’
Marlo Custodio, an 18-year-old Evergreen High School student, said an officer “threw” him out of a parked truck during an arrest two months ago.
“He just violated my rights,” Custodio said before an attorney stopped him from saying more. At a news conference, Custodio thanked a crowd of about 70 vocal supporters who staged the noontime demonstration. Some held placards reading “Drop the Charge!” and “Charge the Offending Officers.”
Custodio and his 50-year-old mother, Marilou Alvarado, a county employee, and his brother, Romel, a 25-year-old Valley Medical Center worker, are charged with resisting arrest related to a February 5 incident in the Evergreen district. Marlo Custodio has also been charged with a drug violation.
All three have pleaded not guilty.
According to family supporters, Marlo Custodio was sitting in a parked truck with a friend when an officer came by and asked him to step out.
Custodio asked what was wrong and then reached down to put on his shoes when he was dragged out by the officer, Tomaneng said.
Custodio managed to call his mother, who arrived with Romel and another brother, 16. The youngest brother was not arrested, Tomaneng said.
During the incident, Tomaneng and others allege an officer slammed Marilou Custodio’s head into a police car three times; Marlo was kneed in the face; and Romel was jolted with a Taser gun.
While he did not directly address the Custodio case, Younis said officers only resort to force “to overcome resistance or to effect arrest or prevent escape.”
“Officers do not want to use force,” he said. “It is the suspect or the subject who determines whether force is used by their behavior.”
After the news conference, Alvarado and her sons appeared in court for a pre-trial conference that was delayed until next month so defense attorneys could inspect reports, statements, and other documents.
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CHICAGO, Illinois – Filipino American Pepito Guinto was sentenced on May 10 to 46 months in prison by United States District Court Judge Milton I. Shadur based in Chicago for three of the eight counts of preparing fraudulent income tax records, according to Randall Samborn, court spokesman. Samborn said Guinto, 60, will enter a still undesignated federal prison starting June 26 when he turns himself in self-surrender.
Assistant United States Attorney Michelle Weiss said after serving his sentence, Guinto will be on a one-year supervised release during which he was ordered to perform 100 hours of community service. He was not assessed to pay fine or restitution. Guinto has a right to appeal his sentence. But Guinto’s defense counsel Patrick Cotter refused to make any comment.
The sentence was based on the plea agreement signed by Guinto and his lawyer, Patrick Cotter, and US Attorney Patrick J. Fitzgerald and Assistant US Attorney Michelle Nasser Weiss.
It stipulated that “each count” carries a “maximum penalty of three years imprisonment, a maximum fine of $250,000, assessment for the costs of prosecution, estimated to be $500, as well as a term of supervised release of at least two years and not more than three years.
The maximum potential penalties are nine years imprisonment, a $750,000 fine, and a term of supervised release.”
Although the plea did not bind the court, by pleading guilty to charges, Guinto waived his right to a jury or bench trial.
Guinto, who is out on bail on his own recognizance, will be compelled to pay up $6,000 bond if he fails to show up if summoned by the court. Guinto and his co-defendant, his younger brother, Pablo, 48, were in the business of preparing or assisting in the preparation of tax returns in Chicago from 1999 to 2002.
The Guinto brothers were paid from $25 to $1,438 per return by docking their fees from their “clients’ refunds.”
The brothers subtract from their adjusted gross income certain medical expenses, interest paid on home mortgage loans, charitable contributions, state and local taxes, and unreimbursed employee business expenses such as union dues, uniforms and supplies also known as “itemized deductions” in the Schedule A of federal income tax form 1040.
While they were able to decrease their taxpayer clients’ taxable incomes, the “taxpayers were not entitled to the amount of refund claimed or a portion of the refund claimed, causing a total tax loss of at least $124,802” from 56 Individual Tax Returns (Forms 1040 and 1040X) for tax years 1999, 2000, 2001 and 2002.
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NEW YORK CITY -- Only 631 out of the 1,918 Overseas Absentee Voters registered with the Philippine Consulate General in New York voted in last Monday’s senatorial elections, with independent candidate Francis Pangilinan topping the race.
The Consulate received ballots by mail or by personal delivery until 3:00 in the morning of the election day which was synchronized with the closing time of voting in the Philippines.
Counting of votes was completed at 9:00 in the evening of the same day, May 14.
The top 12 vote-getters at the New York Consulate were:
1. Francis Pangilinan, 441; 2. Joker Arroyo, 386; 3. Benigno Aquino III, 384; 4. Ralph Recto, 371; 5. Manuel Villar Jr., 363; 6. Loren Legarda, 344; 7. Francis Escudero, 332; 8. Edgardo Angara, 331; 9. Aquilino Pimentel III, 286; 10. Vicente Magsaysay, 280; 11. Sonia Roco, 270; and 12. Michael Defensor, 264.
The top three Party List candidates were Bayan Muna, with 42 votes; , CIBAC, with32; and Akbayan,27.
Six of the top 12 votgetters are from the Genuine Opposition, while five are from the administration’s Team Unity.
Aquino, Villar, Legarda, Escudero, Pimentel and Roco are from the opposition, while Arroyo, Recto, Angara, Magsaysay and Defensor are from the administration.
This election also marked the first time that postal voting, where the Philippine Commission on Elections (Comelec) directly sent electoral mails to Overseas Absentee Voters in the United States, was implemented.
Upon receipt of mails, voters sent their accomplished ballots either by postal service or personal delivery to the Consulate. Only senators and party-list representative could be voted on for the recent overseas absentee voting.
Pangilinan likewise emerged as the topnotcher in the overseas absentee voting count held at the Philippine Consulate General in Los Angeles.
The eleven other senatorial candidates who made into the Los Angeles magic 12 were Manuel Villar, Jr., Joker Arroyo, Loren Legarda, Ralph Recto, Francis Joseph Escudero, Benigno Aquino, Jr., Michael Defensor, Edgardo Angara, Alan Peter Cayetano, Vicente Magsaysay, and Aquilino Pimentel.
In the party list race, A Teacher placed first, followed by Asahan Mo, Citizens Battle Against Corruption, Bandera, Bayan Muna, and You Against Poverty.
In San Francisco, the top 12 candidates were Pangilinan, Villar, Recto, Arroyo, Legarda, Aquino, Escudero, Defensor, Angara, Panfilo Lacson, Juan Miguel Zubiri, and Magsaysay.
The top 5 party-lists are Bayan Muna, CIBAC, Senior Citizens, Gabriela and Akbayan.
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