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Founded in 1986
Founding Publisher/Editor:
Lito A. Gajilan
Columnists:
Atty. Michael J. Gurfinkel
Joseph G. Lariosa
Gani P. Tolentino
Ted L. Reyes
Atty. Reuben S. Seguritan
Photographers:
Butch Gata
Sheryl Garcia
The opinions expressed by columnists are their own and do not reflect the opinion of the paper nor that of the publisher
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For the past 20 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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To tell us what you think about Filipino Express Online or to comment on the stories published here, E-mail us at Filexpress@aol.com
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IT is bewildering how many governments still view global warming as a debatable issue.
Is it man made? Is it caused by our over-dependency to fossil fuels?
Whenever confronted with these questions, these governments are still uncertain in spite of several confirmations by leading scientists in the world.
To these governments, making changes in their energy agenda to decrease the use of fossil fuels is tantamount to economic suicide. To them, data that is more empirical is needed to establish the fact that global warming is indeed caused by man’s reliance to oil.
Yet, while waiting for proof, they cannot ignore the fact that the phenomenon is happening now.
A few weeks back, New York City was battered by a 30-minute thunderstorm that crippled its entire subway system. The violent storm not only stranded thousands of people, it also caused an eerie incident that can only be seen in disaster movies or the pages of the book of revelation: A tornado in Brooklyn.
The tornado uprooted trees, toppled electric posts and destroyed everything in its path.
A surreal event defies belief but can only be explained by the changing weather caused by global warming.
Likewise, stories about severe global weather conditions, dominated the news in the last months.
In North Korea, hundreds scores of people died after extreme floodwaters rummaged through a town,
In Michigan, corn farmers are loosing substantial revenue due to dry weather.
In China,a total of 119 million people have been affected by severe flooding this month alone.
In India, severe monsoon rains flooded 10 States and wrecked havoc to 13.7 million people
In the Philippines, even acclaimed director Quentin Tarantino got a taste of natures fury when his limo got stalled in flooded streets on his way to Malacañang to receive an award from GMA. Tarantino then boarded a ‘pedicab’ to fulfill his Palace appointment.
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(Editor’s Note: REUBEN S. SEGURITAN has been practicing law for over 30 years. For further information, you may call him at 212 695 5281 or log on to his website at www.seguritan.com)
The Department of Homeland Security (DHS) officially made public last August 15 its latest weapon against undocumented workers.
Known as the “no match letter” regulation, it obligates employers to check the immigration status of their employees. The regulation takes effect on September 14.
“No match letters” are routinely sent out to employers by the Social Security Administration (SSA) if the social security number of an employee on file with the employer does not match the government records. Under this new regulation, the employer is required to take corrective steps upon receipt of the letter. If the employer ignores the letter, it will be in violation of immigration laws.
Discrepancies in social security numbers may be caused by a clerical error or by the failure of the employee to register her change of name after her marriage.
The employer must check its records to ascertain the reason for the discrepancy and if it’s a clerical error, it must correct the error with the SSA. It has to document the manner, date and time of its verification.
If the error is not clerical, the employer must ask the employee to confirm that his name and social security number in the employer’s file are correct. The employer must then inform the employee of the “no match letter” and advise him to clarify the discrepancy with the SSA no later than 90 days from the receipt date.
If there is a notice of discrepancy from the DHS, the employer must contact the DHS and try to resolve questions about the employee’s immigration status or employment authorization.
If the issue cannot be resolved with the SSA or DHS within 90 days of receipt of the letter, the employer must then require the employee to complete a new Form I-9 within 93 days of receipt of the notice. In completing the form, the employee will be required to submit documents with a photograph to prove his identity and employment authorization.
If the discrepancy is not resolved within 93 days the employer will have to terminate the employee or face criminal or civil penalties.
If the employer follows the above procedures, it will avoid liability even if the employee is in fact unauthorized to work. This is the so called “safe harbor” that is mentioned in the regulation.
The employer will be at risk if it is found to have constructive knowledge of the lack of immigration status of the employee but fails to take reasonable steps to address the issue. Constructive knowledge exists under the following situations: (1) When the employee requests the employer sponsorship for a labor certification or visa petition, (2) when the employer receives a “no match letter” and (3) when the employer receives a notice from the DHS that the employee’s authorization card does not match the records of the DHS.
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A Travel Advisory To Take Note
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CHICAGO, Illinois (JGL) – Among lawyers, there is a legalese called “advisory opinion,” a court statement, which may be binding to some but not to others.
But it does not hurt if the non-concerned people will take note of the “advisory opinion.”
I am referring to two lawyers from the Philippines, representing the Bureau of Immigration. When they came to Chicago, Illinois nearly three years ago, lawyers Alvin Cesar G. Santos and Maria Antonette D. Bucasas, told some community leaders at the Philippine Consulate in Chicago of their civil, economic and political rights if they would like to re-acquire their Filipino citizenship under the new law called Citizenship Retention and Reacquisition Act of 2003.
At the give-and-take that followed, the two Filipino lawyers answered some of the queries from the audience. In one of those exchanges, they issued what I call an “advisory opinion,” which runs this way: “if you have been a long-time absentee from the Philippines and you want to join the horde of balikbayans (returning Filipinos), it would not hurt if you make an advance query, if you have a namesake, who is on a “hold” order in the watch list of our Bureau.”
For Old-Time Returnees
The advisory message from the two Filipino lawyers may not apply to some, who are frequent flyers to the Philippines who consider the Philippines a neighboring city, but should find interest to Filipinos ensconced in their adopted countries forever.
This message came to mind recently when I ran into a frantic “SOS” letter doing the rounds in the Internet newsgroups and the news media in the Philippines about a lady, a Filipino who naturalized as an American citizen, who is in distress, telling everybody who would care to listen or read her pleadings to help her out of her predicament.
Although I don’t have the facts behind the letter, I would say that this lady, Annalisa Vicente Enrile, Ph. D., MSW, assistant professor of the School of Social Work at the University of Southern California at Los Angeles, was among those who missed reading the advisory of the BI lawyers. I wrote something about that advisory but I’m sure Doctor Enrile might be very unlucky for not reading my news account. Or if she read my story at all, she might have forgotten all about the advisory. I’m sorry for her now. But this column should be warning for future travelers to the Philippines.
Write a Letter of Inquiry in Advance
According to that advisory by the BI people, if you have been away from the Philippines for a long time, the first thing to do is to write a letter to your nearest consulate or embassy and inquire if you have a namesake in the “watch list” of the BI.
The consular or embassy staff will in turn forward your letter of inquiry to the BI office in the Philippines. The letter of inquiry may yield a response after a few months. So, why not plan your trip far ahead into the future?
If it turns out that you have a namesake, then, the BI will be alerted about it and the Balikbayan will not be unnecessarily grilled or stopped at the port of entry. If you have no namesake, naturally, you are free as a bird to fly in to the Philippine air space.
A Hold-Order Ordeal Letter
This letter below of Doctor Enrile, which I am re-printing, would not have been necessary:
August 8, 2007
Her Excellency Kristie A. Kenney
Ambassador,
Embassy of the United States of America,
Roxas Boulevard, Manila,
Philippines
Your Excellency:
I am an American citizen, an assistant professor of the University of Southern California who recently brought and led a graduate class of 25 for direct field experience on the subject "Feminist Theory and Social Change."
I am requesting the Embassy's assistance because the Philippine government is refusing to let me return to the United States even though I know of no charges or cases against my person.
Furthermore, I have been and am being shuffled from the Department of Justice to the Bureau of Immigration to some office called NICA. Since August 5, 2007 when I was stopped from boarding my flight home, I have not been told (of) any specific reason as to why I am being prevented from returning to my home (adopted) country.
My human and civil rights are being violated by this surrealist procedure dictated by some unknown entity/person. This is causing me extreme distress, as well as jeopardizing my professional standing and causing me financial hardship.
As I have not made provisions to stay in the Philippines beyond August 5, I am practically a homeless person, dependent on the good will of friends for my board and lodging.
I am of mind to sue whoever gave the "hold" order for actual and punitive damages, which are accumulating daily. It would be good if the Embassy can help me find out the basis for this hold order and its veracity, as well as its origins so that I may seek justice.
Please find attached my signed declaration on the events of the past four days. I may be reached at 0918-273-0744. Thank you very much.
Respectfully,
Annalisa Vicente Enrile, Ph.D.,
MSW Assistant Professor
University of Southern California
School of Social Work
(lariosa_jos@sbcglobal.net)
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Philippines Beset With Crises
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A "when it rains, it pours" situation faces the Philippines presently. The government of Gloria Macapagal Arroyo is being buffeted by several crises all at the same time.
First is the national security problem. In the last several weeks, fighting is taking place in Mindanao between the military and Muslim rebels. And the Armed Forces of the Philippines army if sustaining heavy casualties. In the last encounters a week ago, 26 army soldiers were killed. On August 8, 11 troopers died. On August 9, the military casualty was 15. The numbers did not include the wounded soldiers which were bigger. They also excluded the collateral civilian deaths.
Analysts from media observe that possibly, Gloria Macapagal Arroyo's policy of politicizing the AFP is contributing to the problem. Critics claim some of the generals involved in the Sulu battles should be replaced because they are reportedly mismanaging the battles. But it is believed if this were done, the blame would rise to the top to affect the cohort of generals whom the President cannot touch because she owed them a debt of misplaced gratitude for helping her to survive politically. The AFP chief of staff Hermogenes Esperon leads this group.
But how long can GMA afford to protect his generals at the sacrifice of the other officers and common soldiers who are fighting the rebels? Not to mention national security.
Second. The problem of what to do with former President Estrada continues to elude GMA. Estrada is key to the issue of her illegitimacy as President. Sooner or later, she must resolve the problem by deciding once and for all his case of plunder. For her, there is only one solution. That is, to convict Estrada. To absolve him would crumble her posture that she legally assumed the Presidency because Estrada had resigned. But her dilemma is that convicting Estrada would violate the law because it is known that the plunder case has not been proven by the government prosecution.
A new development, the case of Navy Lt. Antonio Trillanes who was elected Senator last May but is being prevented from assuming that position because of his mutiny case now pending in the military and civil courts, is giving the government some ideas on how to tackle Estrada. The government is thinking of lumping Trillanes' case with Estrada's case and resolving both problems with a grant of amnesty. The move, however, would require some legal undoing, since the two are facing different crimes. Although don't be surprised if they solve that dilemma, since GMA's government has a penchant for ignoring such small matters as legal distinctions.
The bigger problem is if Estrada refuses the grant of amnesty. Recall that before the charge of plunder, he refused GMA's offer of help including going on exile to another country and the case can be overlooked. Estrada won perhaps the most convincing election victory by a presidential candidate. Imprisoned for over six years, he remains a very popular Filipino leader. He is idolized by the masses. This has been confirmed by several public poll surveys. The victory of national and local opposition candidates in last May's elections is attributed to Estrada's leadership. So what do you think will happen if Estrada is unjustly convicted?
So how do you solve a problem like Estrada?
Third. There is the problem of the moribund Philippine economy, which GMA falsely claims is on the way to being solved by her. But the trouble is that her so-called economic programs are a product of her spinmasters. She offers as a main exhibit the improvement of the value of the peso. GMA refuses to listen when told that the peso has no way to go but up simply because joblessness at home is driving Filipinos out of the country, to look for jobs to escape hunger at home, and in the process earn foreign currency to remit to the Philippines. Never mind the social displacement. Never mind that her vaunted economic achievement is a fragile fall back beyond her control. Those foreign job markets depend not on the Philippines, but on the governments that created those jobs.
In fact, while we are discussing foreign jobs, an economic tsunami is building up beyond our shores and threatening economic damage to a great part of the world, including, yes including the Philippines. We refer to the economic tsunami that started with the housing mortgage crisis in the US in 2004. As a realtor and a financial service rep we witnessed the very start of this crisis on the east coast of the US.
In our previous two columns, we wrote of the widening credit crunch in the US, the product of our tracking the crisis as it spreads worldwide. The latest is the panic response of major developed countries by injecting $326 billion into their financial systems to stop the destructive tide. When I landed in Manila about a week ago, I looked for the local newspapers to read how the Philippines is reacting to the problem.. What I read is a "there's nothing to be concerned about" assessment of government financial experts. Then three or four days later, I read the same papers and the tone had changed. The nonchalant attitude had evaporated. The local stock exchange is expressing worry as values start to disappear.
Commodity prices started to take a beating, leaving mining stocks, a reliable sector of the Philippine economy, depressed. Announced IPO's began to drop in prices. Property shares followed suit. Financial experts predict the country will have a harder time to raise borrowing abroad. Consequently, local credit sources are expected to tighten up.
As world economies deteriorate, can the loss of job openings for Filipinos in foreign lands, be far behind.
From nonchalance to nail-biting stance, in a week's time.
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Michael J. Gurfinkel has been an attorney for over 26 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
Four offices to serve you:
LOS ANGELES:
219 North Brand Boulevard, Glendale, California 91203
Telephone: (818) 543-5800
SAN FRANCISCO:
966 Mission Street, San Francisco, California 94103 Telephone: (415) 538-7800
NEW YORK:
60 East 42nd Street, Suite 2101, New York, NY 10165 Telephone: (212) 808-0300
PHILIPPINES:
Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines 1227
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