NO LIMITATIONS: “What If I'm Caught?”

Julia, 43, often wakes up in the middle of the night sweating profusely. She has recurring nightmares of immigration agents running after her, catching her, handcuffing her, embarrassing her in front of friends and bringing her to jail.

An estimated 12 to 20 million illegal immigrants are in the United States. Julie is one of them.
She came to the United States out of desperation eight years ago leaving her irresponsible often jobless playboy husband in the Philippines. Her school teacher’s starvation salary hardly made ends meet. She acquired a B-1 visitor’s visa by attending a teacher's convention in Chicago – then overstayed.

She went though the usual adjustment difficulties: the sense of alienation, painful homesickness, lonely winters, lying about her immigration status for low paying menial jobs. She missed her parents and regularly sent them money. Her father died of cancer without seeing her. She wept the whole night feeling guilty that she could not visit him.
Loneliness caused her to date a married man who left her when she got pregnant. She raised her 5 year old son Michael by herself.

Her job situation eventually improved as she was smart and hardworking. She did housekeeping, cooking and secretarial work for a well to do couple who paid her well and provided room and board for her and Michael.

She generally lives a lonely life, afraid to socialize, afraid to tell her few friends about her immigration status, afraid of the police (fearing that they might report her to immigration authorities) and tends to be paranoid of strangers.
The only solace to her lonely life is her 5 year old son Michael, and the Church she goes to every Sunday where she socializes with a few Filipino friends, sharing experiences and news from the homeland.

She consulted with me explaining her situation and felt guilt about violating U.S. immigration laws. She asked: “What if I get caught?”
“Before anything else,” I told her, “Immigration law is civil law and not criminal law. You should congratulate yourself for having the courage to try and find a better life for yourself and your loved ones. Not your fault you were born in a poor country.”

For her and others like her – this is my advice, if caught by Homeland Security agents:
Don’t panic. It’s not the end of the world. Be nice and polite to the arresting officers. They’re just doing their jobs. Ask respectfully if you can talk to your lawyer first before answering any questions.

Tell them you have a minor child that you need to attend to and ask if you can be released without bond. Assure them you will not run away. They will likely grant your request because of your child and place a monitor electronic bracelet on you. If not, your lawyer can bond you out.
You have a right to a hearing before an Immigration judge and present applicable defenses. It’s not the case that an alien can immediately be deported after arrest.

If you’ve been here a total of 10 years and have a U.S. citizen or permanent resident parent or child and have no crimes – you might qualify for an immigrant visa under the Cancellation of Removal law which an immigration judge can grant.

Congress most likely will also approve the amnesty bill hopefully this year allowing undocumented immigrants to legalize their stay.
So – just be cool. Live life one day at a time, let tomorrow take care of itself. Don’t be afraid. Hope.

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Atty. Laguatan’s legal expertise is officially certified by the California State Bar. He does immigration, personal injury, wrongful death, medical malpractice and complex litigation. He is rated as among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd., Ste. 516, Daly City, CA 94015, Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com

FROM THE CAPITOL: Remembering Larry Itliong

EVERY year, on March 31, the day of his birth, Cesar Chavez Day is celebrated in honor of the late farm worker, civil rights activist, and leader. Together with farm labor activist, Dolores Huerta, they founded the National Farm Workers Association (NFWA), which later came to be known as the United Farm Workers.

While Cesar Chavez may be a more iconic figure during the farm worker movement in south and central California, there was another man who stood alongside Cesar Chavez who fought wholeheartedly for farm worker rights. Larry Itliong, a migrant farm worker from the Philippines, was a labor leader in Alaska and California, where he founded the Filipino Farm Labor Union.
Filipino farm workers have contributed invaluably to the farm worker movement and to the creation and accomplishments of the United Farm Workers. In the early twentieth century, through the recruitment efforts of employers, more than 100,000 men leave the Philippines to work in the fields of Hawaii, and the mainland United States, through ports in San Francisco and Seattle. By 1930, Filipino farm workers made up approximately 15 percent of the all California farm workers, nearly all asparagus farm workers in the Sacramento and San Joaquin valleys, and approximately 80 percent of the Salinas Valley lettuce crop workers.

As the Filipino farm worker population increased, so did the demand for labor leaders to step up and help their fellow kababayans. Larry Itliong rose to the occasion, along with fellow Filipino labor leader Philip Vera Cruz, to form the Agricultural Workers Organizing Committee.
Under the leadership of the newly formed Agricultural Workers Organizing Committee, Filipino farm workers initiated the Delano Grape Strike on September 8, 1965 in the fields of Delano, California. What started as a fight for fair wages, became the most important date in farm worker history in California and the United States.

In response to the strike, the Agricultural Workers Organizing Committee, under the leadership of Itliong, joined forces with Cesar Chavez’s National Farm Workers Association to create the United Farm Workers Organizing Committee, AFL-CIO. Following Chavez, Itliong became the 2nd Vice President of this powerful committee. Through the efforts of the United Farm Workers, a contract was awarded to the grape growers after five long years of fighting for labor rights.
Even years after this victory, Itliong and Chavez were a powerful team in protecting labor rights in fields across the state. In 1977, at the young age of 63, Itliong passed away. Chavez described Itliong, as “a true pioneer in the farm worker movement.” And that he really was. His fight for the rights of the working people and immigrants were so powerful that his impact is still felt today in the ongoing battle for social justice.

Itliong is an unsung hero to all workers and to all the communities. It is unfortunate that someone who played such a significant role in a major labor movement in history is often overlooked. Itliong was such a great communicator and leader, and deserves greater recognition for his work.

His leadership and work is a true example of the power of Filipino activism and empowerment. Let us continue to remember his work and rich account of the farm labor movement; educating others and our future about the significant role of Itliong and that played by the Filipino people.

STREET TALK: Wanted; A hero for Santa Banana

It has been often said that there are 90 million cowards in the Central American Republic of Santa Banana. You see, where the citizens of other countries would immediately take to the streets the moment their national leaders steal, restrict civil liberties, trample human rights, or, otherwise, abuse their powers, the people of Santa Banana just complain, feed exposes to the print, TV and radio commentators, and organize “activist groups” with fancy names like Black-and-Blue Movement.

Their most daring action is usually a protest march that is immediately dispersed with a few blasts of fire hoses or the bone-cracking swings of police batons. In Santa Banana, the motto of the activists – otherwise known as “leaders of civil society” – is: “He who fights and runs away lives to fight another day.”

Not surprisingly, Gloria En Excesses Deo, president of Santa Banana, feels free to bend, twist, reconfigure and otherwise break the law whenever she pleases. She knows that the 90 million cowards of Santa Banana will yelp and bark. Like dogs. But never bite. Like toothless dogs.
Perhaps it is the Catholic upbringing of the people of this country, once dominated by Spanish friars. The friars hammered into the heads of Santa Bananans that the road to heaven winds through Calvary, that silently and uncomplainingly accepting abuse is a virtue, and forgiving others their trespasses is the key to sainthood.

It took Santa Banana almost four centuries before they could get organized enough to mount a revolution against Spain. But it took the martyrdom of one man to light the fuse of the Santa Banana Revolution.

Then, when they were forced under the heel of a dictator, it took almost two decades to get them mad enough to run the dictator out of town. Again, that fury was unleashed by the assassination of a charismatic leader. They called that uprising Banana Power.
Almost a decade and a half later, inspired by Banana Power and irked by the shenanigans of the incumbent president, they declared, “Once more with peeling!” and staged Banana Power Two.
But that one was less a revolution than a double-cross hatched by Vice-President Gloria En Excesses Deo against the incumbent president, with the help of military officers and politicians who had not received their share of the take in the rackets. In other words, Banana Power Two didn’t take courage and heroism. It just took some very clever schemers to lead the masses by the nose.

And so ruled Gloria En Excesses Deo. And, boy, has she lived up to her name. Excesses in electoral cheating. Excesses in stealing from the national coffers, overpricing, extortion, bribery, smuggling, and overall graft and corruption. Excesses in extra-judicial killings and the muzzling of the media. Excesses in cover-ups and in frustrating the justice system. Excesses in manipulating and controlling the legislature and treating its members like dogs. Lap dogs. Excesses in using the military and the police as accessories to illegal acts.
This year, Gloria En Excesses Deo has really pushed the envelope to the edge. Early on, it was obvious that she relished power and found the term limit imposed by the Santa Banana constitution a pain in the behind. With some equally ambitious politicians, she schemed to have the constitution amended to enable her to keep the reins of power, not as president but as prime minister.

That was foiled by a citizenry that had gathered enough guts to protest. But protesting was as far as they were willing to go. Once the police and the military brandished their batons, exploded their tear gas and let loose their fire hoses, the citizens dispersed. It took other ambitious politicians, the enemies of Gloria En Excesses Deo, to foil the plot.
This year is an election year. A new president is supposed to be elected – the replacement of Gloria En Excesses Deo. Confronted by the harsh prospect of relinquishing the presidency at the end of her term, the Queen of Excesses has set into motion a multi-faceted plot that is awesome in its intricacy and brilliance.

The ultimate objective is to keep her in power. But the moves are more complicated than anything Boris Spassky or Bobby Fischer could have concocted.
First, she has placed her most trusted lap dogs in control of the armed forces and the police. One senior police commander who declared that he would not follow illegal orders from the president has been consigned to the dog house.

Secondly, she has set up the Electoral Commission with an automated system designed to fail. Thirdly, she has let her propaganda experts leak the rumor that there could be a failure of elections – thereby, preparing the 90 million cowards of Santa Banana to resign themselves to that eventuality.

Fourthly, she has made a deal with one presidential candidate, who has a record for honesty and integrity as scandalous as hers, and an obsession to become president at all costs, as intense as hers. This has given the impression that she is prepared to relinquish the presidency. In chess, this is called a gambit.

Fifthly, she is running for Congress in a district that she controls. One of her sons, who had to give way to his mother, is running for congress as a representative of the poor and underprivileged. It’s so outrageous, nobody has found the adjectives to adequately protest the farce.

According to this option, she will become speaker of the house of representatives and take over the government in the event of a “failure of elections.” This will lead to an amendment of the constitution and her installation as prime minister.

And what about the presidential candidate that she has made a deal with? Well, all he wants is to make money and carry the title of president. He will have both. But the real power will remain in the hands of Gloria En Excesses Deo.

And, finally, she has rigged the Santa Banana Supreme Court, loading it with lap dogs who will sit and bark at her bidding and confirm the legality of any illegal action that she may decide to take in order to stay in power.

What, you may ask, will the 90 million cowards of Santa Banana do about it?
Right now they’re being bought off by the presidential candidate with whom Gloria En Excesses Deo has made a deal. They are also being cowed by the military and the police. And they’ve been told by the most influential leaders of Santa Banana media that being raped is not too bad if you learn to enjoy it.

Does that mean that Gloria En Excesses Deo will get away with her intricate game plan?
Perhaps. But then again, the 90 million cowards of Santa Banana could gather some courage.
This could happen if the cowards in the military and the cowards in the police finally look at themselves in the mirror and realize their cowardice. Or, maybe, they will look into the eyes of their children, whose future they are selling down the river, and be overcome by shame.
It takes a long time, much persecution, a heap of insults, and a flood of abuse for the 90 million cowards of Santa Banana to get mad enough to fight for their honor and dignity. Gloria En Excesses Deo has calculated that it won’t happen while she’s around.

But, maybe, there is someone among the 90 million who isn’t a coward. Someone who has the courage, the nobility, and the heroism of the two who sparked the Santa Banana Revolution and Banana Power One.

Someone who will take the words of the Santa Banana national anthem to heart. Yes. Wanted. A hero for Santa Banana.

(gregmacabenta@hotmail.com)