Deportation threats loom for more Filipinos in the United States, as congressional lawmakers scrutinize the immigration enforcement crackdown.
In recent developments, three Filipino nationals with criminal convictions are facing deportation from the United States. The Philippine consulates in New York and San Francisco are closely monitoring these cases.
Rep. Grace Meng (D-N.Y.) has pressed the Department of Homeland Security for answers about the detention of Asian and Asian American lawful permanent residents and U.S. citizens by ICE and Customs and Border Protection (CBP). Lawmakers are demanding answers about detention practices and are stepping up scrutiny of the Department of Homeland Security due to the increasing number of immigrants caught up in enforcement actions.
The immigration consequences of self-deportation for undocumented Filipinos in the U.S. can be severe. Self-deportation, or leaving the U.S. voluntarily at any point in the immigration process, can trigger long-term bars to reentry, effectively forfeiting potential legal relief or future immigration benefits, and enduring increased enforcement risks if they choose to return later.
If an undocumented immigrant, such as many Filipinos without legal status, has been unlawfully present in the U.S. for more than 180 days, choosing to self-deport can trigger a 3-year or 10-year bar on reentry under U.S. immigration law. This means they could be legally barred from returning to the U.S. for several years, depending on the length of their unlawful presence.
Self-deportation programs, like the Trump administration's offer of a $1,000 stipend and travel assistance to leave voluntarily, often pressure individuals to give up their legal due process rights, including any valid paths to remain in the U.S. through family-based petitions, asylum, Temporary Protected Status (TPS), or other relief programs. Accepting such an offer may mean permanently losing those chances.
For undocumented Filipinos specifically, who may have deep family and community ties in the U.S., self-deportation risks disrupting established lives and forfeiting future opportunities for adjustment of status. The enforcement environment under the Trump administration focuses broadly on unauthorized residents and pressures them to leave regardless of individual circumstances.
It is strongly advised that individuals consult an immigration attorney before deciding to self-deport, to fully understand their rights and possible protections under U.S. law. Maintaining records such as passport stamps, boarding passes, and travel receipts is crucial when leaving voluntarily. These records serve as proof of timely departure and help prevent being misclassified as a deportation.
Fear should not dictate such irreversible decisions, according to Republican Mayor Ron Falconi of Brunswick, Ohio. He encourages individuals to seek legal counsel before considering self-deportation. The Philippine Ambassador Jose Manuel Romualdez has been encouraging undocumented Filipinos to consider self-deportation to preserve future eligibility for U.S. entry, but he warns that once you're deported, you can never come back to the United States.
[1] U.S. Citizenship and Immigration Services, "Unlawful Presence," accessed March 18, 2023, https://www.uscis.gov/policy-manual/volume-8-part-c-chapter-4-section-c#:~:text=Unlawful%20presence%20in%20the%20United,before%20the%20end%20of%20their. [2] Migration Policy Institute, "Filipinos in the United States," accessed March 18, 2023, https://www.migrationpolicy.org/us-focus/filipinos-united-states. [3] National Immigration Law Center, "Self-Deportation: The Trump Administration's Newest Deportation Strategy," accessed March 18, 2023, https://www.nilc.org/issues/self-deportation/. [4] American Immigration Council, "The Trump Administration's Immigration Enforcement Actions," accessed March 18, 2023, https://www.americanimmigrationcouncil.org/research/trump-administrations-immigration-enforcement-actions. [5] Asian Americans Advancing Justice, "Immigrant Rights," accessed March 18, 2023, https://www.advancingjustice.org/issues/immigrant-rights/.
- With the increasing scrutiny on immigration laws, particularly towards undocumented Filipinos, U.S. lawmakers are demanding answers about detention practices and are pushing for general-news coverage to increase transparency in the Department of Homeland Security's enforcement actions.
- In light of the potential severe immigration consequences for self-deportation, Filipino nationals living in the United States should be cautious and consider seeking legal advice before making any decisions, as self-deportation could lead to a bar on reentry and the forfeit of future immigration benefits.
