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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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PRESIDENT-elect Barack Obama made it clear that his first mission is to fix the economy. Many pro-immigrant groups were expecting him to put immigration reform to be the next priority, besides, the President-elect himself is one of the leading proponents of a comprehensive immigration program that would secure the borders and granting a path to citizenship to millions of undocumented immigrants. No. Apparently, immigration reform is not even in Mr. Obama’s top five priorities.
He is correct in prioritizing the economy because it is the most pressing issue of this day. Likewise, his government will not even function, as he would like it to function if the economy is in shambles.
Mr. Obama was asked by CNN’s Wolf Blitzer what his top five priorities are, and he said: Economy, energy independence, health care reform, tax cuts, and education. This is sad news for naturalized citizens who voted for him, hoping he could finally reunite their families with his immigration plan that he promised during the campaign.
It seems that when all these five priorities of the incoming president are accomplished, there is still nothing for immigrants.
While Americans enjoy a healthy economy, energy independence, good health care, millions in tax breaks and better education, immigrants will still be earning below standard wages, and continue to live in the shadows and be deprived of some of the most basic rights. Apparently, they will still be forgotten.
Mr. Obama could have at least mentioned immigration reform as number six in his list–just to assure his immigrant supporters of something. He did not.
Well, perhaps it may be a little early to dismiss Mr. Obama’s presidency, besides, he didn’t even start yet. Not until January 20. Therefore, there is still time to let himknow that immigration reform is an imperative, maybe not as pressing as the economic problem that we are facing, but as important as the other things in his list.
This he owes not only to the immigrant voters, but to his own roots as well.
He is the beacon of hope for many immigrants who are suffering with their status as second-rate citizens. He is the role model of every person with immigrant roots, because he himself is a product of such. He is the closestm thing immigrants have to a brighter future.
So, Mr Obama, don’t turn your back .
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ALIEN CAN’T BE DEPORTED AFTER 5 YEARS FROM FRAUDULENT ADJUSTMENT
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The U.S. Court of Appeals for the Third Circuit ruled on October 28, 2008 that an alien who was erroneously granted adjustment of status cannot be deported because the government took more than five years to start deportation proceedings against her.
The court noted that the five-year statute of limitations on rescission as provided for under the Immigration and Nationality Act was also applicable to removal proceedings even after the specific provision of that law was subsequently amended.
In this case the alien, Rosalba Garcia, filed an adjustment of status application in 1996 claiming that she was the unmarried child of a U.S. citizen. Garcia knew that the petitioner was not her biological or legal mother but she filed her application anyway.
In September 1996 the then Immigration and Naturalization Service (INS) approved the application and granted her a green card.
It turned out that her mother had previously filed multiple I-130 relative petitions but were either rejected or denied as she was unable to prove that Garcia was her child.
She had filed one in September 1993 which was approved in January 1994 but rescinded in August 1995. An earlier application was also rescinded in 1988. Another petition was filed in 1995 but was denied in September 1996.
The Department of Homeland Security (DHS) which took over the functions of the INS did not realize its mistake until 2004 when Garcia applied to become a U.S. citizen. It started removal proceedings in 2005 alleging that Garcia was ineligible for adjustment of status in 1996 because of her misrepresentation.
An immigration judge ordered her removed from the U.S. and the Board of Immigration Appeals (BIA) affirmed the judge’s order. Garcia petitioned the Court of Appeals to review the BIA decision.
In her petition, Garcia argued that the DHS was barred from initiating removal proceedings based on the fraudulent application because five years had already elapsed since her adjustment.
She cited the case of Bamidele in support of her petition for review. Bamidele had obtained an adjustment of status through a sham marriage but the same Court of Appeals vacated the deportation order because the DHS waited five years before commencing to deport him.
The court in that case said that the INS was barred from rescinding his adjustment by the five-year statute of limitations.
The DHS argued that the Bamidele case was not applicable because the law was amended by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) which took effect in April 1997 after the Bamidele case was decided. The DHS said that the five (5) year limitation no longer applied to removal proceedings.
The BIA in its decision stated that when an adjustment of status is granted by mistake, the DHS may either file rescission proceedings if it becomes aware of such mistake within five years or start deportation proceedings anytime, even after five years.
The Court, however, disagreed with the DHS and the BIA and ruled that the statutory revision did not undercut its holding in Bamidele. The five-year limitation applied both to rescission and deportation, the court concluded.
(Editor’s Note: REUBEN S. SEGURITAN has been practicing law for over 30 years and is included in the Marquis Who’s Who in American Law. A former law editor and professor, he is also the author of a book on immigrant experiences. He has spoken in international and national conventions and has been interviewed on radio and television, including the ABC Nightly News. He has participated in meetings with White House staff and the Immigration Commissioner to discuss immigration reforms. For his community service and advocacy, he has received numerous awards in the U.S. and abroad. For more information, you may log on to his website at www.seguritan.com or call (212) 696-5281.)
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WILL OBAMA WARM UP TO ASIAN AMERICANS?
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CHICAGO, Illinois (JGLi) – President-elect Barack Obama was carried overwhelmingly by the minorities, notably the Asian American voters, during the last Nov. 4 elections. But some Asian Americans doubt if Mr. Obama will return them the favor by putting the interests of the Asian Americans under his radar.
Greg Macabenta, the newly-elected national chair of the National Federation of Filipino American Associations (NaFFAA), told me that, “minorities, including Filipinos, will probably find a more symp athetic ear in an Obama presidency, especially with a Democratic-controlled Senate and House.”
He cited the case of the Filipino Veterans Equity bill that was supported mainly by the Democrats until it was blocked by Republican Senator Richard Burr (North Carolina) from getting into the bicameral conference committee for reconciliation.
BETTER APPRECIATION
“Being a member of a minority group,” Mr. Macabenta said, “Obama has a better appreciation of our needs and expectations, as well as our frustrations in America. However, his administration will have more important priorities to contend with, specifically the economy and foreign affairs, so that minority issues may take a back seat for a while.”
He suggested Mr. Obama will have to apply the symbiotic principle that those who h elped Mr. Obama in his campaign will be returned a similar favor with the same intensity.
This is going be a very easy decision for Mr. Obama to make.
All the President-elect would need to do is to review the list of campaign donors, who contributed the most in terms of money and the most number of volunteers from a certain ethnic group.
The bossman of the biggest Filipino American group said that because Filipino Americans have still “a lot of catching up to do compared to other Asian ethnic communities, as well as the Latinos and Africans,” the Filipino American community will be finding themselves at the bottom of the pile when Mr. Obama considers appointment to “key positions in or proximate to the White House and on Capitol Hill.”
ETHNIC NAMES CONFUSION
This observation is on target because it springs from the very Christian belief that “God helps those who help themselves.”
There is only one problem. Because of Spanish influe nce, many Filipino Americans carry Hispanic sounding names. This makes it hard to pinpoint if the Filipino’s names have been classified as Filipino or Hispanic under the voters record or on the census. So, Mr. Obama might not be able to appreciate the efforts of Filipinos if he cannot tell which side is the Filipinos are on.
And if Filipinos wanted to be counted as a group, they should not shy away from joining the Filipino Republicans or the Filipino Democrats or Filipino Independents, etc. In this way, either party would know the presence of Filipinos.
Quoting Gloria Caoile, co-chair of FilVote, a non-partisan voter engagement project aimed to unite Fil-Ams across ideological, religious and class differences toward gaining genuine political power in the U.S., Mr. Gus Mercado, a Texas NaFFAA leader, said there were 715,000 Filipinos, who were eligible to vote in 2004, a number that could make a difference in a tightly contested election. But only 594,000 voted, while 122,000 registered voters stayed away from the polls.
MILLION FILIPINO VOTES
Unarguably, this number of Filipino voters in 2008 elections should now topped a million, a number that could make any candidate salivate if this can be delivered as a voting block.
If we go by the microcosmic exit interviews conducted by the Asian American Institute (AAI) in seven voting sites in Chinatown and Bridgeport as well as in 14 other neighborhoods in Chicago, Illinois during the last Nov. 4 elections, it was shown that 81% of those surveyed Asian American voters voted for President-elect Barack Obama while 16% voted for McCain. It will be safe to assume that Filipinos lumped in this survey would have voted for Obama overwhelmingly.
If Mr. Obama would like to return the favor of the Asian Americans, all he has to do is to look at the issues closest to their hearts. The AAI’s surveys shows that 45% Asian Americans identify economy as their top concern, followed by health care, 12%, and education, 8%.
Specifically, the Asian Americans would like to have a "faster processing of family reunification” applications, wh ich are rated 38% while a path to legalization for undocumented immigrants was rated 25% as the most important.
ASIAN AMERICANS FAVOR DEMOCRATS
The same survey showed that when survey respondents were asked how favorable each political party was to immigrants, 50% of Asian American voters responded that Democrats are rated “favorable” while 46 Republicans were rated “not favorable.”
If Mr. Obama will ask the Filipinos, which issue is closest to their hearts, there is no doubt that they will tell him to support the Filipino World War II Veterans Equity Bill now pending in the U.S. Congress.
I hope Mr. Obama will not hesitate to return them the favor!
And if Mr. Obama will speed up processing of family reunification and path to legalization for undocumented immigrants and the support the portability of Medicare health insurance coverage of some retiring Americans to the countries of their choice those are going to be a bonus! (lariosa_jos@sbcglobal.net)
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RIZAL’S TURTLE AND “JOC-JOC”
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Remember Jose Rizal’s fable “The Turtle and the Monkey”? Ang Pagong At Ang Matsing may offer a clue for today’s puzzle : How will Malacanang spring former Agriculture Undersecretary Jocelyn Bolante from a Senate grilling on the P728 million fertilizer scam?
Rizal’s fable tells how a cunning turtle outwits an angry monkey. "Turbner’s Record" first published this illustrated tale in 1885. Historian Austin Craig includes this tale in his 1913 book on Rizal. “Don’t throw me into the river”, the turtle pleads in story.. The monkey promptly does just thay – enabling the turtle to scram.
The fable’s point is simple To save your skin, be like the turtle. Pretend to scorn what you really want.
The last thing Malacanang wants is Bolante parrying questions from senators who egoes shift into overdrive before cameras. Over 200 legislators and governors sliced chunks from the P728 million fertilizer kitty. Now, some lose sleep over the prospect of their names hanging out with the wash.
Joc-joc clung to US immigration jail. When he run out of legal dodges, US marshals put him on the first flight to Manila. Since then, he’s locked himself into his hospital “cell”. But now, he has run though most medical tests. To stretch hospital detention, he’s scrounging for new tests. This is a bizarre embrace of self-detention. “A man reaps what he sows”.
Bolante and the Palace are boxed into a corner --- with Rizal’s turtle. They pretend to savor what they detest.
Malacanang won’t gag Bolante by invoking executive privilege, Press Secretary Jesus Dureza announced. Thanks for nothing. “Joc-Joc” parrots Dureza. He’d dying to sing before “any investigator”.
Who? Ombudsman Merceditas Gutierrez? “In ‘history’s lottery’, Gutierrez was the First Gentleman’s law school classmate,” noted Viewpoint ( PDI/ Oct 20,2005 ) “Even emperors have straw-sandaled relatives."
The 1987 Constitution adopted the Scandinavian innovation of a public interests defender. First crafted by 19th century Sweden , it became a worldwide weapon against sleaze. Filipino felt, rightly, that an Ombudsman should radiate that indefinable power which King Bhumibol of Thailand, for example, wields: moral authority.
The straight-arrow Simeon Marcelo rebuilt trust shattered by scandal-studded Ombudsman Aniano Desierto. Much of Marcelo’s work has been flushed down the tube since. .
Gutierrez has “proven a willing tool of the Palace to cover up anomalies” claims Senator Manuel Roxas.” She dismissed, last wee,, charges against administration officials bogged down in a P432-million fertilizer fund diversion quagmire in Mindanao.
Journalist Marlene Esperat, who filed the charges, had been gunned down before her children The triggermen were sentenced with no Ombudsman help. The “masterminds”-- finance officer Estrella Sabay and accountant Osmeńa Montaner --skipped town.
The dismissals “might be the start of an official whitewash of irregularities in government” Roxas worried. No, Mr Senator. This is the latest in a lengthening list of the Ombudsman’s imprint : felonies without felons.
Replay the P1.6 billion election computers scandal. Senate Report 44 skewered the Commission on Elections for tailored specifications to premature approval of bids to favor Mega-Pacific. These were “illegal, imprudent and hasty actions,” the Supreme Court confirmed. “Credible, orderly and peaceful elections… have been put in jeopardy by the illegal and gravely abusive acts of Comelec.”
Guiterrez thumbed her nose at Senate and Supreme Court. No one was liable she ruled. “Where in the world does a major crime occur without a criminal?”, asked Viewpoint ( PDI/ July 29,2008) Onli in da Pilipins.”
“The Ombudsman hasn’t filed any case in the P16-billion NBN-ZTE broadband scandal” either, Roxas grouses. Nor did she lift a finger over the "Euro generals”. Moscow cops detained PNP comptroller Eliseo De La Paz who didn’t declare 105,000 euros in his wife’s handbag.
Does this Ombudsman’s loyalty to the regime begin where her tolerance threshold for graft ends? “A nod from the lord is breakfast for a fool,.” Benjamin Franklin warned.
A P1.2 billion irrigation project in San Miguel Bohol hadn’t delivered a single drop before it had to be “rehabilitated”. The Ombudsman scrapped charges against five officials involved. She withdrew raps for 1,353 Metro Cebu street lamps bought at P72,500 each instead of P7,356
Gutierrez centralized decision-making. wrote Newbreak’s Aries C. Rufo. She thus whittled down regional Ombudsmen into impotent mail clerks. She blacks out information, specially those involving politicians. Political cases like siphoning of Girl Scout funds into personal accounts of politicians; overpriced Lapu-Lapu city computers, etc. gather dust. Weak cases are being filed. Conviction rates slumped to 14 percent, from a high of 77 percent last year.
"Ombudsman Gutierrez lost the mantle of judicious impartiality", Roxas claims. She is “perceived as a willing tool of Malacańang,". Sure. She’s “a recycled Aniano Desierto, only in skirts.”
Her loyalty to this administration shortsells the citizen. “Men are often bribed more by their loyalties and ambition, than by money,” Justice Robert Jackson once said.
“Joc-Joc” and soulmates itch to be dumped into this obliging Ombudsman’s in-tray. They scream protests every inch of the fall they love ---. just as Jose Rizal’s turtle did.
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By Nestor Palugod Enriquez
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Fred Diaz was among the first veterans we interviewed for the World War II oral history project. The Jersey City resident was a University of the Philippines ROTC cadet. He was called up when the war broke out in 1941. At the time, the UP student council president and ranking cadet officer of the ROTC was Ferdinand Marcos. Ferdinand became a post-war presidents with an embellished guerrilla records. Fred at that time was a sprint athlete He mentioned a certain Ralph Metcalfe, also an former student president (University of Marquette) who was visiting Manila, conducting a track clinic to the students, including Fred, at various college locations. I could remember the precursor of WWII in Europe, Adolf Hitler, and the 1936 Olympics. Everyone remembers Jesse Owens' confrontation with Hitler, but placing second to Jesse Owens was Metcalfe in the 100-meter in Berlin. They were considered the fastest human duo in the United States, at a time when final results could only be determined by the new photo finish shot, a device only just introduced in the 1930s. Also, in the 1936 Olympics track and field category, the placement of second was not immediately settled when pole vault jumper Shuhei Nishida won 2nd place by jumping 4.30 meters, the same height as another Japanese, Sueo Oe. However, Nishida alone was awarded the silver while Oe gracefully received the bronze. Nishida decided to give half of his silver for half of Oe's bronze medal. The soldered medal was called “Friendship Medal” On Dec 24, 1941, the same Lt. Suen Oe landed from troop transport on to the beach of Mauban in Luzon; he was killed by the units lead by the Philippine Military Academy (PMA) recent class of 1940. This was one of the few early successes of the Allied forces against the Japanese landing. Many of the athletes of the Berlin Olympics participated in the war that followed. Postwar politics showed Ralph Metcalfe becoming mayor of Chicago and then member of the US Representative. I kept telling Fred that we should go to his office in US House to ask for support for the Filipino Equity Bill but unfortunately the African American had already passed away. Fred kept his sprint form by running 4-40s almost daily across Westside Street in Jersey City. I would like to see Fred and Ralph run the 100m inside the various corridors of the US House. (note: FANHS has been bringing Jersey City veterans to Washington DC to lobby for the Filipino Veterans Equity Bill in partnership with PACCAL. The veterans accompanied Eric Lachica, FILVETS to the various US Senators and US Representative. They also met Ben DeGuzman, a spokesman for the National Alliance for Filipino Veterans Equity.)
I had to go down to South Jersey to hear the most incredible story of the Olympics and the Bataan Death March. Dr. Valentin Ildefonso is a WWII veteran. I saw his appearance in the History Channel eloquently speaking about the war in the Philippines. His experiences led him to study medicine at the University of Santo Tomas. Evey two weeks during the 3 years of the occupation He brought food to the Groves family interned at the Santo Tomas Prison Camp. I saw a connection as I read the breaking news of the election of Steve Austria to the US House. He became the second member of the house with Filipino ancestry. His father Dr. Clement Austria was also a WWII veteran who also studied at the same university. Santo Tomas was converted into prison compound for American civilian and female army nurses until it was liberated in 1946. After finishing medicine, Dr. Ildefonso joined the Operation Brotherhood mission to Vietnam and then immigrated to US becoming a Air Force Colonel. His family name is shared by the only double Filipino Olympic medallist. Teofolino Ildelfonso won the bronze medals in the 200-meter breast stroke in the 1928 Olympics in Amsterdam and the 1932 Olympic games in Los Angeles. As a sports fanatic, I was very curious about this . He revealed that Teofilo was his close cousin and was already member of the Philippine Scout. Teofilo defended Bataan and participated in the Death March in 1942. While double checking the name listed on the Death March and Philippine Scout, I came across Major Nelson White, USMC (retired in Florida) searching for information about his grandfather, Miguel White . Miguel was the only Filipino winner in the Berlin Olympics. He won the 400-meter hurdle in 1936. As a soldier, White was trapped in the Bataan peninsula and was forced into the Bataan Death March. Romeo never saw his grandfather but remembered seeing the 1936 Bronze plaque hanging in his mother's house. Norma White Nelson passed away in 1996. Martin Gison also competed in more Olympic games than any Filipino. He was actually tied for second in the 1936 Small-bore .22 mm fire rifle prone final but he slipped to fourth after a series of shootoffs. He survived the Bataan Death March only to participate in the 1948, 1952, 1956, and 1964 post war Olympics without winning a single medal.
However, the best meaning of the Olympic spirit relayed to me was still by Dr. Valentin Ildefonso. Teofilo won the bronze medals in the 1928 and 1932 Summer Olympics. In both events, he was beaten by Yoshiyuki Tsuruta, the first Japanese to win a gold medal in any event. They had competed many times in addition to the Olympics, including in the Far Eastern games held in Manila and Tokyo. Dr. Ildefonso showed me a picture of his cousin on the way to 1936 Berlin Olympics. I thought he made a mistake when he said 1936 for Ildefonso was not a name listed in the Berlin games. I dug deeper and found out that Ildefonso and Tsuruta competed but were both out of any medal contention in 1936. I also found out the reason: in that year the breast stroke was modified slightly and the new technique was not to the advantage to Ildefonso's submarine style. Teofilo actually finished ahead of Tsuruta in the third meeting but then had to give way for the younger swimmers. I can only assume a friendship existed between them during the rivalries and that a mutual respect had developed as they alternately defeated each other. Tsuruta became a Japanese army officer and found himself the Philippines in 1942.
This friendship between Tsuruta and Ildefonso would be tested in the battlefield in the Philippines. The former rivals in the three previous Olympics in Amsterdam, Los Angeles, and Berlin would meet in Bataan as enemy combatants. My story is getting too long, please tune in next week’s column for the result that has NOT been written yet. These stories resulted from FANHS project that will be presented on Saturday, November 22, 2008 – 2:00 P.M. at THE FIVE CORNERS BRANCH LIBRARY AUDITORIUM, 678 Newark Ave, Jersey City.
The Filipino American National Historical Society, NJ Chapter free presentation of An Oral History Documentation Project of Filipino-American WWII Veterans. This is made possible by a grant from the New Jersey Council for the Humanities, a state partner of the National Endowment for the Humanities. Funds were used for an oral history project focused on Filipino veterans, primarily of the Second World War, who currently reside in New Jersey. The story of Filipino participation in the Second World War has not been fully documented. In addition to their contributions to the war effort for the Allies, their story is unique in that Filipino veterans have been denied veterans benefits by the U.S. government. This is not only to honor but join our heroes in their final battle to gain recognition. It is a reminder that the Filipino Equity Bill is still waiting in the US Capitol. We will present the aging Filipino veterans who remain represent the last living links to this untold American story. As an added attraction there will be a free film showing of “The Great Raid” I will try to identify the Filipino veterans who participated in the most incredible rescue mission in history.
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Dear President-Elect Barack Obama:
ON behalf of the National Alliance for Filipino Veterans Equity (NAFVE), we want to extend our congratulations to you as you prepare to embark on your historic journey to the White House. As the first person of color to become the President of the United States, you are to be commended, not only for the challenges you have overcome, but for the barriers you have shattered and the legacy you now create for generations to come.
Your political and professional experience in Illinois and the U.S. Senate has provided you with the acumen to handle the challenges that will face the White House and the nation in the coming years. At the same time, your personal experiences in Asia and Hawaii have given you a unique insight to the particular challenges that face our nation in all its diversity. We trust that you will bring both the strong hand necessary to lead the nation and a warm heart to provide support for the most vulnerable people who call this country home.
The Filipino American community in the United States is, in many ways, a microcosm of the diversity that blesses this great nation. Among the almost 2.5 million Filipino Americans, one can find the most accomplished in many fields of endeavor, as well as members facing some of the most severe challenges.
One of the most critical challenges facing our community is the ongoing quest of Filipino WWII veterans for recognition as U.S. veterans. The Filipino soldiers who were called to serve under U.S. command by President Roosevelt during WWII were in some of the most grueling conditions of the war, including the now infamous Bataan Death March. Unfortunately, their selfless service and valor were met with a cold shoulder by the U.S. Congress. The passage of the 1946 Rescission Act revoked their U.S. veteran status and in essence, denied these brave soldiers the simple recognition of the service they provided in the defense of our democracy.
As a member of the Senate Veterans Affairs Committee, you know much of this history already. Your co-sponsorship of the Filipino Veterans Equity Act and your public statements in support of the legislation to restore U.S. veteran status for these soldiers have been of great comfort to the veterans with whom we've been working. Now as you prepare to assume the mantle of President, the 18,000 veterans whose golden years will be supported by this legislation count on you to help make good on the simple axiom that all those who wear the uniform of the U.S. military learn- you don't leave any soldier behind. Time is of the essence for these aging veterans, many of whom are in their 80s and 90s and we hope you can help the United States do right by these men in gratitude for their role in preserving the freedoms we enjoy today.
The Filipino American community stands ready to work with you and the Congress to do the important work our nation needs to move forward. We know the challenges in front of us are great, but we put our faith in the spirit of inclusiveness and collective effort that have not only been the hallmark of your public service thus far, but in many ways touch on the very bedrock of our American democracy.
Attached, please find more information about NAFVE and the community organizations around the country that join us in solidarity. Please contact us c/o Ben de Guzman, National Campaign Coordinator via e-mail at nafve2007@gmail.com or by phone at 202-422-4909 for further information.
Maraming Salamat/Many Thanks,
Ben de Guzman
NAFVE National Campaign Coordinator
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