MEMORANDUM OF LAW IN SUPPORT OF GRANTING TEMPORARY PROTECTED STATUS FOR FILIPINO NATIONALS IN THE WAKE OF TYPHOON HAIYAN

Patricia Astorga, Esq.

Licelle Cobrador, Esq.

JT Mallonga, Esq.

FILIPINO AMERICAN LEGAL DEFENSE AND EDUCATION FUND

4 West 43rd St, Suite 505
New York, NY 10036
(212) 221-1888

 

I         BACKGROUND

Typhoon Haiyan, which struck the Philippines on November 8, 2013, decimated many areas and displaced a large segment of the population. Typhoon experts concluded that Haiyan was one of the biggest and most powerful of its kind to date.  In its wake, Haiyan left more than 3 million Filipinos without access to food, water, medical attention, shelter, and other critical supplies. In addition to the millions who lost their homes, an over 5,000 Filipinos are believed to have died in the typhoon and the chaos that resulted afterward, with an additional 23,500 that are injured and more than 1,600 that are still reported missing.

In the wake of Haiyan’s devastation, the Department of Homeland Security should grant Temporary Protected Status (TPS) to Filipino nationals in the United States.  A grant of TPS for Filipino nationals is warranted under the Immigration and Nationality Act (the “INA”)  in light of the extent of the damaged caused by the environmental disaster as well as the “extraordinary and temporary conditions” that currently exist within the Philippines.  Moreover, humanitarian principles and the history and purpose of TPS overwhelmingly justify TPS status for Filipino nationals.

II      A GRANT OF TPS IS WARRANTED UNDER SECTION 244 OF THE IMMIGRATION AND NATIONALITY ACT

TPS is one of the key humanitarian programs enacted to assist individuals in need of shelter or aid from disasters, oppression, emergency medical issues and other urgent circumstances.  As outlined in Section 244 of the INA, §244, 8 U.S.C. §1254(b), TPS is warranted where:

(B) the Attorney General finds that-

(i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected,

(ii) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state, and

(iii) the foreign state officially has requested designation under this subparagraph; or

(C) the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States.

Here, the current situation in the Philippines squarely meets the criteria enumerated in §244, 8 U.S.C. §1254(b)(1)(B).  Specifically, Haiyan has resulted in a substantial, but temporary disruption of living in several regions in the Philippines.  Recent estimates show that Haiyan’s damage spanned three times that of Hurricane Katrina in the United States and nearly 300 miles more than that of Hurricane Sandy.[1]  The United Nations estimates that over 600,000 people have been displaced.[2]  A total of 16 million people are estimated to be affected by the disaster.[3]  The damage includes $112 million in demolished crops, $100 million in damage to livestock and fisheries, and along with other assessments comes to a total of $288 million. [4]  Arsenio Balisacan, the Philippines’ economic planning secretary, estimated that the total cost of reconstruction could reach $5.8 billion.[5]  Furthermore, given the significant delay of relief efforts and a lack of resources, the country is unable to handle adequately the return to the Philippines of its nationals living abroad.  Finally, the Philippines, through President Aquino, has officially requested designation under §1254(b)(1)(B). 

In addition, extraordinary and temporary conditions in the Philippines in the wake of Haiyan prevent nationals from returning to the country safely.  Specifically, many areas of the Philippines are still undergoing rehabilitation and the process, although temporary, is slow and has resulted in life-threatening conditions to residents of affected areas.  The Philippines lacks the infrastructure and resources to repatriate nationals currently living in the United States and doing so would impose an insurmountable burden on an already devastated country.

GMA News: Fil-Am leaders meet US State Dep't officials on Temporary Protected Status for PH

As reported in GMA News

WASHINGTON D.C. - Fil-Am leaders from the Migrant Heritage Commission (MHC), NAFFAA, FALDEF, US Pinoys for Good Governance, US Medicare Philippines, PNA   and other groups presented arguments to US Department of State officials on the objective and subjective conditions that justify the granting of a Temporary Protected Status (TPS) for the Philippines.  

Tens of thousands of Filipinos in the United States who are undocumented and have lost their immigration status will obtain work authorization and the right to travel if TPS will be granted to the Philippines, thereby ensuring a lifeline of support for their families, relatives and “kababayans”  in the provision of material and financial donations and remittances.

A TPS recommendation for the Philippines by the US Department of State carries heavy weight as the United States Department of Homeland Security by statute (no need for congressional legislation) makes the final decision and official declaration of TPS designation. 

The US Department of Homeland Security, through its over-all Director Alejandro Mayorkas in his response to MHC's letter last November 11, 2013, stated that it is considering all factors in reviewing the TPS request for the Philippines. President Benigno Aquino III has also requested the US Government for TPS designation. US senators and congressmen, both Republicans and Democrats, have endorsed the granting of the TPS to  US President Barack Obama.

MHC thanked all Fil-Am national organizations and their leadership, including those from other countries, who express solidarity with the cause and are continuously campaigning for the TPS designation. MHC's Atty. Arnedo Valera presented all the legal and humanitarian arguments on why TPS should be granted while FALDEF's Atty. JT Malonga gave additional arguments. Atty. Loida Nicolas Lewis mobilized the Fil-Am New York delegation and joined forces with the  Fil-Am DC delegation in presenting a unified stand on the TPS.

Read more at >>  GMANetwork

http://www.gmanetwork.com/international/articles/2014-02-03/251/Fil-Am-leaders-meet-US-State-Dept-officials-on-Temporary-Protected-Status-for-PH#sthash.Vkp1fVZJ.dpuf

Inquirer Global Nation: Grant of TPS Depends on Letters to Kerry

As reported by Dennis Clemente of Inquirer.net US Bureau

NEW YORK—Getting Temporary Protected Status (TPS) granted for the Philippines now depends on a letter-writing campaign addressed to the US Secretary of State John Kerry or his assistant, Anne Richard, supporters concluded during a two-hour long panel discussion on Jan. 28 at the Philippine Consulate.

The Filipino American Legal Defense & Education Fund, Inc. (Faldef) is encouraging people to ask as many prominent individuals and organizations to sign letters that will be sent to the Secretary of State’s office.
Consul General Mariano de Leon and City Council member Dr. Eugene Matthieu called on Filipinos to work together and spread the word through Filipino-friendly messages about the need for TPS.
City Council member Dr. Eugene Matthieu said the larger public must also informed: “You need to create momentum and get the attention of mainstream media.”

The Department of Homeland Security is still reviewing the request and monitoring the situation in the Philippines. A decision could be made by Feb. 7 this year, advocates said.
Temporary Protected Status or TPS is a humanitarian form of relief for those who are in the United States and have ongoing conflict or an environmental disaster in their country of origin. If granted, it would stop deportations and provide employment authorization documents for Filipinos in the United States, giving them an opportunity to contribute to the rebuilding efforts in Central Visayas and other areas ravaged by Typhoon Haiyan on Nov. 8 last year.


Read more: http://globalnation.inquirer.net/98186/grant-of-tps-depends-on-letters-to-kerry#ixzz2sSQJase3 

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) 

Related Links:
GMA News: Fil-Am Leaders Meet with US State Dept's Officials on TPS for PH
Inquirer.net : Grant of TPS Depends On Letters To Kerry

 

FALDEF - Campaign for Temporary Protected Status (TPS) for the Philippines

Instructions for letter writing campaign:

• Using the template write a letter to A/S Richard and Sec. Kerry
• You can either plug-in information and send as is or personalize further with stories or your own language for describing the situation and its impact (we encourage the latter)
• It should be signed off by a leader of your organization, preferably a director or someone else in leadership
• If possible please put it on letterhead, add a signature, and attach as a pdf. or doc. File (this is optional, we understand this might be difficult for some groups to do)
• Send Richard’s letter as soon as it’s complete.

Subject Line “URGENT REQUEST FOR TPS FOR THE PHILIPPINES”

• Email it directly to: Jessica Blanche, blanchej@state.gov, Richard’s assistant; PRM-StaffAssistant@state.gov (Jessica is out today apparently so for good measure)
• CC: David Foran, forandm@state.gov; Suzanne Sheldon, SheldonSA@state.gov; and James Bean, BeanJW@state.gov; Molly Groom, Molly.Groom@hq.dhs.gov
• BCC: Irene Jor, irene@domesticworkers.org (to track letters sent)
• Please send the Kerry letter to Irene, she will bundle until we figure out how to get it to him
• Encourage other organizations and prominent individuals in your network to do these letters

Click the following to access the template for:

Anne Richard,Assistant Secretary of State

John F. Kerry,Secretary of State

USCIS Extends Relief Measures for Filipino Typhoon Victims

Release Date: January 14, 2014 USCIS.gov      WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds those affected by Typhoon Haiyan, which struck the Philippines on Nov. 8, 2013, of agency efforts to provide relief to victims of the typhoon. Filipino nationals in the United States should visit www.uscis.gov to learn about a series of existing relief measures that may be available to them if requested. These relief measures include: A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired; An extension of certain grants of parole made by USCIS; An extension of certain grants of advance parole, and expedited processing of advance parole requests; Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; Expedited processing of immigrant petitions for immediate relatives of U.S. citizens; Expedited adjudication of employment authorization applications, where appropriate; and Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office. In addition, USCIS has proactively identified and is expediting pending  I-130, Petition for Alien Relative, forms that have been filed by U.S. citizens for their Filipino immediate relatives. Our standard security checks remain in place. Form I-130 petitioners may check their case status online at www.uscis.gov or contact the National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TDD assistance). In addition, a petitioner can sign up to receive automatic case status updates by email as the case is processed. If a Form I-130 petitioner receives a request for evidence or any other type of communication from USCIS, the petitioner’s response must be addressed to the same USCIS Service Center which sent the notice. For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

NJ Assembly Democrats News Release: Assembly Panel Approves Bill To Urge TPS for Filipinos

FOR RELEASE                                                                   CONTACT 12/17/2013                                                                              Press office                                                                                          (609) 847-3500

Assembly Panel Approves Johnson, Eustace & Chivukula Bill to Urge Temporary Protected Status for Filipino Nationals in Wake of Typhoon Haiyan (TRENTON) - An Assembly panel recently approved a measure sponsored by Assembly Democrats Gordon M. Johnson, Timothy Eustace and Upendra J. Chivukula to urge the Secretary of the Department of Homeland Security to grant temporary protected status to visitors from the Philippines following the devastation caused by Typhoon Haiyan. On Friday, November 8th, Typhoon Haiyan, one of the most powerful storms ever recorded on land, hit the Philippines, bringing sustained winds of 147 mph and waves as high as 45 ft. An estimated 6.9 million people have been affected by the storm, and the death toll is estimated to be in the thousands while the number of people displaced by the massive storm rises into the hundreds of thousands. "Typhoon Haiyan has left most of the Philippines ravaged," said Johnson (D-Bergen). "This indeed is a situation that would warrant a suspension of deportation for Philippine nationals." "Many residents in Bergen have been directly affected by what has happened in the Philippines," said Eustace (D-Bergen, Passaic). "With family and friends still there, many Filipinos desire to help their country by remaining here to work. Temporary protected status for Philippine nationals is an important humanitarian gesture that should be granted by the U.S." "Many Filipinos have lost everything," said Chivukula (Middlesex, Somerset). "Deportation possibly puts more lives at risk. The United States prides itself through its humanitarian work all over the world and temporarily ceasing the process would be of great help to some citizens of the Philippines." The Secretary of the Department of Homeland Security (DHS) may designate a country, or portions of a country, for Temporary Protected Status (TPS) when conditions exist such as an ongoing armed conflict or an environmental disaster in the country that temporarily prevents the country's nationals from returning safely. The measure (AR-207) respectfully urges the Secretary of the Department of Homeland Security to grant TPS to the Philippines in order to allow nationals residing in the United States temporary relief from possible deportation or removal proceedings. If the United States grants the request, the Philippines will join El Salvador, Haiti, Nicaragua and Honduras that were placed under TPS after experiencing similar natural disasters. The Assembly resolution was released by the Assembly State Government Committee on December 16.

Department of Foreign Affairs : Philippines asks U.S. to designate the country under Temporary Protected Status

Statement from the DFA: PH asks U.S. to designate the country under Temporary Protected Status

Published: December 16, 2013. Latest update: December 16..., 2013 4:35 pm.
Statement of Assistant Secretary Raul S. Hernandez: On the Temporary Protected Status issue

The Philippines has formally requested the United States Government on Friday, December 13, to designate the country under Temporary Protected Status (TPS).

Foreign Affairs Secretary Albert F. del Rosario said that placing the Philippines under TPS will allow eligible Filipinos to stay and work in the US in order for them to assist in the country’s continuing recovery efforts after Super Typhoon Yolanda (Haiyan) devastated Central Visayas last month, killing more than 6,000 people and affecting more than 16 million.

The request will be evaluated first by US authorities and may take some time. If approved, eligible Filipinos can start filing their applications which will be reviewed on a case-to-case basis.

If this request is granted, the Philippines will join four other countries – El Salvador, Haiti, Nicaragua and Honduras – that were placed under TPS after going through similar natural disasters.

The said request was officially conveyed by Philippine Ambassador to the United States Jose L. Cuisia, Jr. to the Department of Homeland Security through a Note Verbale sent to the US Department of State.

http://www.gov.ph/2013/12/16/statement-the-dfa-spokesperson-on-the-temporary-protected-status-tps-issue/

--- WASHINGTON, D.C.—The Philippines has formally requested Washington for additional immigration relief measures to allow eligible Filipinos to stay and work in the United States so they could support the country’s long-term post-typhoon recovery efforts, the Department of Foreign Affairs announced Monday, 16 December.

Foreign Affairs Secretary Albert F. Del Rosario said the request to designate the Philippines under Temporary Protected Status (TPS) was officially conveyed on Friday, 13 December, by Ambassador Jose L. Cuisia, Jr. to the Department of Homeland Security through a note verbale to the Department of State.

“Recognizing the intense desire of the Filipino-American Community to more effectively assist victims, we would like to formally request that eligible Filipino nationals in the US be granted Temporary Protected Status under Section 244 of the US Immigration and Nationality Act,” said the letter signed by Ambassador Cuisia and addressed to Acting Secretary of Homeland Security Rand Beers.

The request was made in the wake of Typhoon Haiyan, which killed more than 6,000  people; displaced more than 4 million and affected more than 12 million during its violent rampage across the Central Philippines last month.

More than 200 Filipino-American organizations across the US, backed by members of the US Senate and House of Representatives, the Catholic Church and other NGOs have requested for the additional immigration relief measures that a TPS designation would be able to provide to Filipinos.

Secretary Del Rosario said if the request is granted, the Philippines will join four other countries that were placed under TPS after going through similar natural catastrophes. These are El Salvador and Haiti after these were devastated by earthquakes in 2001 and 2010 respectively and Nicaragua and Honduras after they were affected by Hurricane Mitch in 1998.

Ambassador Cuisia said the Embassy has also been in discussions with the Department of Homeland Security and the Department of State and the DFA in Manila since the TPS was first brought to his attention a few days after Haiyan struck the country.

Ambassador Cuisia said the Philippine Embassy and the Philippine Consulates General in

New York, Chicago, Los Angeles, San Francisco, Honolulu and Agana made the recommendation to Secretary Del Rosario during their annual conference in Washington, D.C. last week and after extensive consultations with leaders of the Filipino Community in their respective jurisdictions.

Ambassador Cuisia explained that a TPS designation for the Philippines would allow eligible Filipinos currently in the US to support the long-term relief and rehabilitation efforts in the country because they could be given temporary authorization to stay and work for a limited period.

He said the request will have to first be evaluated by US authorities and may take some time. If approved, eligible Filipinos can start filing their applications, which will be reviewed on a case-to-case basis.

He said that in addition to TPS, Filipinos already in the US can also take advantage of the immigration breaks announced by the US Citizenship and Immigration Service on 15 November of which some Filipinos have already availed themselves.

Source: Embassy of the Philippines

 

PH Seeks Protected Status For Filipinos in the US due to Yolanda

PH seeks protected status for Filipinos in the US due to Yolanda

By: Eric Apolonio, InterAksyon.com
December 16, 2013 5:12 PM

InterAksyon.com
The online news portal of TV5

MANILA, Philippines - Following the deaths and destruction caused by super typhoon Yolanda (Haiyan), the Philippines formally requested the U.S. government to place the country under the Temporary Protected Status (TPS), the Department of Foreign Affairs (DFA) said Monday. 

The TPS is a temporary immigration status granted to foreigners in the U.S. who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.

If a country is placed under TPS, its eligible citizens may stay and work in the U.S.

A TPS does not, however, lead to a beneficiary’s permanent resident status. If the U.S. government terminates the TPS, beneficiaries would revert to the same immigration status they had before TPS.

Placing the Philippines under TPS will allow eligible Filipinos to stay and work in the U.S. "in order for them to assist in the country's continuing recovery efforts," following the typhoon killing over 6,000 and affecting 16 million Filipinos, the DFA said. 

The request will be evaluated first by US authorities. "If approved, eligible Filipinos can start filing their applications which will be reviewed on a case-to-case basis, the DFA said. 

Philippine Ambassador to the United States Jose L. Cuisia, Jr. conveyed the request on December 13 to the Department of Homeland Security through a note verbale sent to the U.S. Department of State.     

If the request is granted, the Philippines will join four other countries - El Salvador, Haiti, Nicaragua and Honduras – that were placed under TPS after going through similar natural disasters.

Spearheading the drive for the Philippines to be placed under TPS are Filipino community leaders based in New York headed by lawyer JT Mallonga of the Filipino American Legal Defense and Education Fund Inc. and Ed Navarra, chairman of National Federation of Filipino-American Association. 

Earlier Mallonga told newsman that” while we are prepared to exhaust all means to get this to the attention of the President; time is certainly of the essence."  

"(T)his is neither a legal nor a political issue, but a humanitarian one and we hope that our President will act swiftly on this request from literally almost a million Filipinos in the U.S.," added Mallonga. 

 

Source: http://www.interaksyon.com/article/76927/ph-seeks-protected-status-for-filipinos-in-the-us-due-to-yolanda

UNTV Interview: Temporary Protected Status for Filipino Americans