Immigration Woes
Alfredo G. Evangelista | Assistant Editor
Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!
These words from Emma Lazarus’ 1883 poem “The New Colossus” appear on the Statue of Liberty in New York. Many interpret them to declare the United States of America welcomes immigrants. But it’s important to know the history behind this poem.
A year prior, Congress passed the Chinese Exclusion Act (1882), the first major law restricting immigration. The Act provided a ten-year ban on Chinese laborers immigrating to the United States. Over the years, immigration restrictions continued, with some restrictions lifted during World War II. It was not until President Lyndon B. Johnson signed the Immigration Act of 1965 were limitations increased to 170,000 immigrants, with a cap of 20,000 per country.
In 1990, additional significant changes to immigration were passed. The cap on family-based, employment-based, and diversity immigrant visas became flexible, subject to a seven percent cap for a single country.
For Hawai‘i’s Filipinos, the history of migration to Hawai‘i began on December 20, 1906, with the first fifteen Sakadas arriving to work at the sugar plantations. The number of Sakadas, American “nationals” since the Philippines was an American colony at the time, fluctuated as well as the regions from which they were recruited. The last batch of Sakadas arrived in 1946, after World War II and prior to the United States ending the commonwealth status of the Philippines.
Those Sakadas who arrived as American nationals before Philippine independence would have to apply for naturalization as American citizens afterward.
My father Elias Acang Evangelista from the Sungadan barrio in the town of Paoay, Province of Ilocos Norte, was a 1946 Sakada. He arrived on the S.S. Lurline on April 26, 1946, along with his first cousins Antonio Acang and Juan Espirito.
But my Dad used his cousin’s name—Vivencio Acang—who supposedly got cold feet. By the way, the Hawai‘i Sugar Plantation Association records misspelled his name as Vivencio Acan and because the Sakada Wall at Binhi at Ani Filipino Community Center uses the official records, that’s how my Dad is listed. My Dad’s story is not unusual. When I tell that story, other descendants of Sakadas tell me similar stories. For example, the last name of former Governor Benjamin Cayetano’s father Bonifacio was not Cayetano. (It was Marcos.)
It would take my Dad six years to clean up his status and change his name so he could petition to bring my Mom Catalina and my brother Rogelio to Hawai‘i in 1953. My sisters Gloria, Estrelita and I were all American born during the days of the Territory of Hawai‘i as American nationals and post-statehood became U.S. citizens.
In the mid ’60s, my parents began petitioning for my Dad’s younger brother Pascual to come to Maui. But my uncle Pascual fell in love with Magdalena Clemente and had two children—Pacifico and Guiller. This delayed Uncle Pascual’s arrival for a number of years as the petition had to be revised. (My parents sought the help of our neighbor Frances Sevilla who was a notary public/travel agent and a huge supporter of Congresswoman Patsy Mink.) Uncle Pascual arrived in the late ’60s and I enjoyed his company—he even taught me to drive. Aunty Maggie joined a few years later with my two cousins and in turn, Uncle Pascual and Aunty Maggie started their own American-born family with cousins Wynne and Melanie. My parents also started the process of petitioning for the second youngest of my Dad’s brothers—Mariano. He too got married during the process with Ruby Federizo and they also had children, again delaying the process. By the time Uncle Mariano and his family started arriving, I was already away at college. My parents wanted to bring other brothers but they declined because they were getting older.
In between, Uncle Pascual and Aunty Maggie began petitioning for Aunty’s siblings. More Clementes, Taromas, and Evangelista’s arrived with their families and many began their own American-born families. I believe a relative or two of mine went back to the Philippines married a Filipino national and brought them over and started another wave. A few years ago, during one of my late mother’s birthday parties, my Aunty Maggie said my parents were responsible for bringing over a hundred relatives to Maui. Of course, my Mom was happy at the recognition of my parents’ love and hard work for family members, giving them the opportunity to start a new life in the United States of America.
Gilbert Coloma Keith-Agaran’s extended family also benefitted from the expanded immigration laws. His late grandfather Lino Agaran coaxed his wife Laureana Tacub Agaran’s nephew Perfecto Oasay to bring a sister Lolita to the islands. One of thirteen children of Rosa Tacub Oasay, Lolita was raised by Laureana in Napu. Lolita would later initiate applications for her mother and siblings who would over time expand to other family members. A number of the same clan would serve in the U.S. military as a way to gain entry rights to this country.
Keith-Agaran’s father Manuel Coloma (also a 1946 Sakada), at the urging of his wife Lydia, would petition for his brother Emilio. Emilio would petition for his own family and his brother Claudio and his families. During law school, Keith-Agaran would spend breaks in Los Angeles at his cousin Claudio Junior’s home. From 2010 through 2023, Keith-Agaran lived at the home of his cousin Romeo, another son of Claudio, when attending legislative sessions.
Tata Manuel passed in 2002 but efforts to provide opportunities for relatives to come to the U.S. were continued by Nana Lydia with guidance and advice from Tata Manuel’s second cousin Augusto Coloma. One avenue started by matching one relative already in the islands who wanted a wife with one of her husband’s Bumanglag grandnieces. Nana Lydia would pay for the trip and the wedding.
That marriage would allow the grandniece Julita to bring her parents and a brother to Maui. In turn, her parents and brother worked to order the other children and their grandchildren to the U.S. Eventually, the process would bring the Bumanglags, Cainguitans, Antalans, and Gamits to the islands, now all naturalized U.S. citizens.
Chain migration. Family reunification. It has been a constant in the post-statehood growth of Hawai‘i’s Filipino community, which now comprises approximately 25% of Hawai‘i’s population. Each year, some 4,000+ Filipinos immigrate to Hawai‘i.
With a constant flow of immigration from the Philippines, there’s always an immigration question or two. Most of the current immigration issues concern bringing more family members over to Hawai‘i. At a recent Immigration Workshop sponsored by Binhi at Ani, attorneys and staff from The Legal Clinic gave a general overview of immigration and answered general questions. Keep in mind, however, these are general questions and a summary of the responses.
One should consult an immigration attorney because the law may apply differently in your specific situation.
Question: We have been waiting ten years for my brother’s petition to be approved. Is that normal?
Response: That is probably a normal waiting time.
Question: I am trying to bring a fiancée over. Which is better to go and marry my fiancée in her country or to bring her here on a 90-day fiancée visa?
Response: It is probably better to marry your fiancée in her country as the K-1 fiancée visa is more complicated and technical. After marriage, you can start a family petition.
Question: I am a J-1 teacher from the Philippines, with a contract to teach. I fell in love with a U.S. citizen and we got married. What do I need to do?
Response: You can file for an adjustment of status. But you also may need to review your visa to see if you are subject to the 2-year residence. That will determine the way to go with the adjustment.
Question: How do you change a tourist visa to a student visa?
Response: It is not difficult but you need to follow the rules for the student visa.
Question: I am a non-U.S. citizen and I just gave birth. Does that change my visa?
Response: That doesn’t change your visa. The child can petition you when he/she turns twenty-one (or eighteen if the child joins the military).
Question: I got married to a U.S. citizen and we are now having marital problems.
Response: If your marriage is less than two years and you received a conditional green card, you can file for the removal of conditions on your own BUT you always have to prove that your marriage was bonafide.
If you have a ten-year green card, there is no problem if you divorce.
Note: if you are a U.S. citizen/petitioner, and your spouse is cheating, the U.S. citizen can withdraw the pending petition.
During the Immigration Workshop, Neribel Chardon, Senior Staff Attorney of the Legal Clinic shared two myths: Myth#1: If you get deported, you can come back immediately. Myth#2: If your application is denied, you can easily reapply.
Chardon’s advice to those with immigration situations: “Please don’t do this on your own. Get an immigration attorney.”
While most of the general questions at the Immigration Workshop concerned adjustment of status issues, one situation may become more prevalent after January 20, 2025.
Question: I am undocumented. What will happen if I am approached by the Immigration office?
Response: You need to know your rights: 1. Don’t let them in unless they have a warrant. 2. If they don’t have a warrant and they say “I need to talk to you,” don’t talk to them as you have the right to remain silent. Neither do you need to show them documents or disclose your immigration status if they do not have a warrant? Tell them you need an attorney (however, keep in mind they will not provide you with an attorney).
Question: What are the consequences if I overstay my visa?
Response: If you have overstayed and are forced to leave (deported), generally there will be either a three-year or ten-year bar from your return. Some waivers may be applicable to this bar.
Question: Would I be deported immediately?
Response: Due process must be observed. That means that you have the right to know the charges and the evidence against you, be heard, and present evidence in your defense. The deportation process starts with the issuance and filing of a Notice to Appear, which is the charging document.
As reported in last month’s issue of The Fil-Am Voice, President-elect Donald Trump plans to deport undocumented aliens, which has Philippine officials concerned. The number of undocumented Filipinos has ranged from 200,000 (according to Senator Imee Marcos) to 300,000 (estimated by Philippine Senate President Francis Escudero). A 2019 study by The Migration Policy Institute concluded there were approximately 370,000 undocumented Filipinos living in the United States. That same study estimated 23,000 undocumented Filipinos living in Hawai‘i. (According to its website, The Migration Policy Institute is an independent, nonpartisan think tank that seeks to improve immigration and integration policies through authoritative research and analysis, opportunities for learning and dialogue, and the development of new ideas to address complex policy questions.)
With 23,000 undocumented Filipinos living in Hawai‘i and 370,000 nationwide, the Philippine government is concerned. Jose Manuel G. Romualdez, the Republic of the Philippines Ambassador to the United States, recently met in Washington, D.C. with the various Consul Generals to discuss several issues relating to the incoming Trump administration, “particularly its emerging immigration policies.”
The Philippine Ambassador and Consuls General issued a statement: The Heads of Posts understand the uncertainty felt by certain segments of the Filipino community in the United States following recent pronouncements by the incoming administration. While the exact contours of the incoming administration’s policy have yet to take shape, the meeting is an important step in ensuring a unified, coordinated, and effective response. The Heads of Posts reaffirmed their collective commitment to supporting and providing appropriate consular assistance to Filipino nationals while respecting U.S. laws. Recognizing the right of the United States to enforce its own laws, the Philippine Embassy and Consulate General will intensify their engagement with relevant U.S. officials to advocate for the protection of the rights of Filipinos residing in the United States and the promotion of their security and welfare. The Philippine Embassy and Consulate General will continue to provide consular services to all Filipino nationals regardless of their immigration status.
In addition to his statements during the campaign of immediate deportation of undocumented immigrants, Trump recently stated he would eliminate birth citizenship. In a televised interview on December 8, Trump repeated he would end birth citizenship on the first day of his presidency. (Birth citizenship means citizenship is automatically granted to anyone born on U.S. soil, regardless of the citizenship of one’s parents.)
But the Fourteenth Amendment to the U.S. Constitution provides “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Birth citizenship was the practice from the start of the nation. The Fourteenth Amendment, adopted after the Civil War, made it clear former slaves born in the U.S. were citizens. Supreme Court decisions would confirm birth citizenship applied even to children of alien Chinese laborers. Further, federal agencies and Congress have assumed birthright citizenship in various federal programs.
Even though a President cannot delete a provision of the Constitution by himself with one stroke of his pen, Trump’s statements are a preview of the next four years of the type of immigration woes the Filipino community will face.
While attending the University of California at Los Angeles School of Law, Assistant Editor Alfredo G. Evangelista took an elective course in immigration law but decided against concentrating in that field after the immigration laws were overhauled.