FILE PHOTO – A member of the Texas delegation holds a sign during the Republican National Convention, July 17, 2024, in Milwaukee. (AP Photo/Matt Rourke, File)

WASHINGTON – While acknowledging the reality of immigration violations such as overstaying or expired visas, statements coming from Ambassador Jose Manuel Romualdez fall short of addressing the deeper concerns of undocumented Filipinos in the United States.

His repeated calls for undocumented Filipinos to voluntarily leave the US lack the nuance, hope and guidance needed in these uncertain times, leaving many feeling abandoned and fearful.

Since President Trump assumed office and reiterated his plans for mass deportations of undocumented immigrants, including those who entered the US legally but overstayed their visas, our law offices have been inundated with calls and messages.

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Over just five hours this past weekend, I received 20 to 25 calls and 27 text messages from Filipinos gripped with fear and uncertainty.

These individuals – many of whom have no criminal records, diligently pay taxes and regularly remit funds to support their families in the Philippines — are now desperate for clarity on their rights, legal options and possible remedies.

While the Ambassador’s remarks accurately acknowledge the legal challenges faced by undocumented Filipinos, his approach risks creating a chilling effect on an already vulnerable population.

By emphasizing voluntary departure without addressing the rights and remedies available under US law, the message unintentionally amplifies fear, leaving many feeling as though deportation is inevitable.

This is far from the truth. Undocumented Filipinos, like all individuals in the United States, are entitled to due process of law under the US Constitution.

Even those who may have violated immigration laws have legal defenses and remedies that can prevent deportation.

To present their situation as hopeless undermines their confidence and discourages them from seeking the legal assistance they need.

It is crucial to highlight the range of legal options that undocumented Filipinos may qualify for, particularly those with no disqualifying criminal convictions.

Cancellation of removal

Undocumented immigrants who have lived in the US for at least 10 years, can demonstrate good moral character, and can prove that deportation would cause “exceptional and extremely unusual hardship” to a US citizen or lawful permanent resident family member may qualify for relief.

Asylum or withholding of removal

Individuals who face persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion may apply for asylum.

Deferred action

Discretionary relief may be granted to individuals with compelling humanitarian factors.

Peza Director General Tereso Panga and PNOC President and Chief Executive Officer Oliver Butalid signed a memorandum of understanding last October 14 at the PNOC Networking Hall.

U Visa or T Visa

These are available to victims of certain crimes or human trafficking, who cooperate with law enforcement.

In addition to exploring legal remedies, undocumented Filipinos must be aware of their rights in the face of Immigration and Customs Enforcement (ICE) enforcement actions.

The right to remain silent

Individuals are not obligated to answer questions from ICE agents without legal representation.

The right to refuse entry without a warrant

ICE agents cannot enter a home without a warrant signed by a judge.

Access to legal counsel

Undocumented individuals have the right to an attorney during immigration proceedings.

As a representative of the Filipino people, the Ambassador has a moral obligation to provide messages of hope, guidance and empowerment, rather than instill fear.

Leaders must prioritize reassurances that Filipinos—regardless of their immigration status—have rights and should seek legal assistance before making any decisions that could jeopardize their futures.

We urge undocumented Filipinos to stay calm, remain informed and seek legal counsel.

Leaving out of fear could result in missed opportunities to regularize their status or fight deportation.

Many have lived in the US for years, contributing to society through work, taxes and remittances. They deserve the chance to explore every available option to remain with their families or continue their support to their families especially their children, spouses and other immediate and other immediate relatives.

While Ambassador Romualdez’s statement recognizes the reality of immigration enforcement, it falls short of providing the support and assurance that undocumented Filipinos desperately need.

We call on the Filipino immigrant community to remember that they have rights and options, even in difficult circumstances, and to seek guidance from qualified immigration attorneys or legal aid organizations.

Leaders must inspire hope, not fear, and work tirelessly to ensure that every Filipino in the US, documented or undocumented, is treated with dignity and respect.

Let us stand together and advocate for a future where no one feels abandoned in their time of need.

Atty. Arnedo S. Valera is the executive director of the Global Migrant Heritage Foundation and managing attorney at Valera & Associates, a US immigration and anti-discrimination law firm for over 32 years. He holds a master’s degree in International Affairs and International Law and Human Rights from Columbia University and was trained at the International Institute of Human Rights in Strasbourg, France. He obtained his Bachelor of Laws from Ateneo de Manila University.

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