Green Card, Red Line: The Silent Crisis of Deportable Filipino Immigrants in America
By Atty. Arnedo S. Valera
In the quiet homes of Filipino-American families, nestled in the rhythms of work, church, and family, a silent legal time bomb ticks. Many Lawful Permanent Residents (LPRs)—green card holders—mistakenly believe they are safe from deportation. But as recent cases show, even decades-old convictions can suddenly erupt into life-altering ICE detentions and removal proceedings.
Two recent Filipino LPR cases highlight this fragile status and illustrate how America’s immigration laws, especially under new judicial interpretations and legislation such as the Riley Rule, can devastate families and communities overnight.
Case 1: A Forgotten Conviction, A Revoked Future
Mr. A.D., a Filipino permanent resident in Los Angeles for over 15 years, was detained upon returning from the Philippines. Years earlier, in 2008, he had pled guilty to grand theft under California Penal Code §487(a). It was a first-time, non-violent offense, resolved with probation and restitution.
But under INA §237(a)(2)(A)(i), an LPR is deportable if convicted of a crime involving moral turpitude (CIMT) within 5 years of admission. Grand theft, repeatedly deemed a CIMT by the Board of Immigration Appeals (Matter of Garcia, 24 I&N Dec. 179 (BIA 2007)), placed him squarely in ICE’s crosshairs.
Result: Detention without bond. His green card, a symbol of a new life, was no longer his protection.
Case 2: The "Riley Rule" and the High Price of Trust
Ms. R.E., a long-time caregiver and church volunteer in New Jersey, applied for U.S. citizenship in good faith. During her application, a 2010 plea to embezzlement involving a former employer came to light. She served no jail time, and restitution was made. But the government charged her as removable under INA §101(a)(43)(M)(i)—fraud involving more than $10,000, an aggravated felony.
The Riley v. Sessions precedent, 856 F.3d 326 (4th Cir. 2017), affirmed that even non-violent financial crimes can lead to mandatory removal when they meet the financial threshold, regardless of sentence length.
The Riley Rule, codified through legislative clarification in 2021 and 2023, further empowers ICE and immigration courts to use “modified categorical approaches,” examining conviction records to determine “fraudulent intent” and financial losses—even when not explicitly detailed in the plea.
Other Cases: Deportation in Broad Shadows
- DUIs with Aggravating Circumstances: In Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018), multiple DUI convictions with aggravating factors (injury or child endangerment) were grounds for denying relief and establishing bad moral character—jeopardizing both green cards and naturalization.
- Domestic Violence or Restraining Orders: INA §237(a)(2)(E)(i) provides that conviction for a crime of domestic violence, stalking, or child abuse renders an LPR removable. Filipino LPRs caught in toxic marital or intimate disputes may face unintended consequences even from misdemeanor convictions.
- Shoplifting and Petty Theft: One LPR from Maryland was arrested at Dulles Airport for a petty theft conviction from over a decade ago. Though sentenced only to community service, it was classified as a CIMT, and because she had another theft-related conviction, she was rendered ineligible for Cancellation of Removal due to the “two CIMT rule” under INA §237(a)(2)(A)(ii).
Legal Remedies: Narrow, Discretionary, and Urgent
Cancellation of Removal for LPRs (INA §240A(a)) remains the primary relief—available only to those who:
- Have been LPRs for at least 5 years,
- Have resided continuously in the U.S. for 7 years after lawful admission, and
- Have not been convicted of an aggravated felony.
Additional limited options include:
- §212(h) Waiver – if no aggravated felony exists and extreme hardship can be shown to qualifying relatives (U.S. citizen or LPR spouses, parents, or children).
- Post-conviction relief – vacating convictions on constitutional grounds, or reopening state cases where ineffective counsel failed to advise on immigration consequences (Padilla v. Kentucky, 559 U.S. 356 (2010)).
- Voluntary Departure or Prosecutorial Discretion – often the only remaining avenue for those with aggravated felonies.
The Imperative: Apply for Citizenship Without Delay
There is one defense no removal order can touch: U.S. citizenship. Once naturalized, an individual is no longer subject to deportation for past convictions—unless the citizenship itself was fraudulently obtained.
INA §337(a) permits naturalization once five years have passed since obtaining LPR status (or three years if married to a U.S. citizen), assuming good moral character. In today’s legal climate, waiting is no longer an option. Naturalization is the ultimate shield.
Inspiring Reminder: Immigration is Not a Status—It Is a Journey
Our Filipino community must awaken to a painful truth: the same land that welcomed you can swiftly remove you. But we are not without power. That power lies in knowing the law, confronting past mistakes with courage, and taking decisive steps—not later, but now.
As the poet Carlos Bulosan once wrote, “America is in the heart.” Let us ensure that no Filipino immigrant loses their rightful place in that heart because of silence, fear, or delay.
Final Word to Every Filipino Green Card Holder
Your green card is a bridge—not a destination. Cross it. Become a citizen. Secure your family's future. Reclaim your peace of mind.
When ICE knocks, you don’t want to be caught answering with only hope. Answer with your citizenship certificate—unshakable, final, and yours.
About the Author:
Comments
Post a Comment