News Archive

 

PWC’s Affordable Housing Project Moves to the Next Stage

          The PWC housing project has made it through the entitlements phase after receiving final approval from the Los Angeles City Planning Department.  Through the process we received input from AFW members, Youth UNITE members and local community members for input on the design.  From the time that we submitted the initial plans, the design has evolved.  There will still be 48 units of affordable housing, although 9 of the units will now be singles designated for youth in transition.  These units could be accessed by emancipated foster youth or youth who are homeless or at risk of being homeless.

          The next stage is securing all of the funding for the development.  We will be pulling funds together from various housing funds as well as from tax credits.  If everything goes smoothly, then demolition will begin fall of 2008!

 


 

SSA No-Match Policy Makes No Sense!
 

         This month of October has resulted in two favorable policy changes for immigrants and those that uphold human and civil rights. The first would be the final ruling of the Federal Court that the Department of Homeland Security’s SSA No-Match Policy is not legal. Under the new DHS rule, employers receiving “no-match” letters might be required to fire employees whose SSA discrepancies are not resolved within 93 days after the “no-match” letter is received. If the employer does not respond to a “no-match” letter, DHS may conclude that the employer had “constructive knowledge” that an employee was not authorized to work in the U.S. and prosecute the employer accordingly.

In granting the final injunction against the no match policy, the court found that the DHS rule would result in the termination of lawfully employed workers and that if the DHS rule were “allowed to proceed, the mailing of no-match letters, accompanied by DHS’s guidance letter, would result in irreparable harm to innocent workers and employers.” The granting of the injunction means that the court has prohibited DHS from implementing the final no-match rule because the rule is not legal. This means that the DHS rule cannot go into effect. SSA remains prohibited from sending no-match letters that refer to the DHS rule, as the agency had planned to do in a mailing that would have included a notice from DHS. The court order applies to the entire country, not just northern California.

The final ruling came after it was challenged by the immigrants rights movement. If not for the challenge, the policy would still be hurting millions of workers across the country.

The preliminary injunction came as a result of a lawsuit filed in August by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the American Civil Liberties Union (ACLU), the National Immigration Law Center (NILC), and the Central Labor Council of Alameda County along with other local labor movements.

The final decision came after immigrants rights groups across the country held press conferences and actions against this unjust policy.

Top Reasons Why the DHS No-Match Policy Makes No Sense:

1. The Social Security Administration was set up to benefit workers, not to harm workers and enforce immigration laws. It should not be used to enforce immigration laws.
2. There are many harmless reasons why a social security number may not match. This could cause workers with authorization to work to be discriminated against and fired by their employers, especially if the worker is Latino or another community with a high amount of immigrants (like Filipino).
3. Industries that rely on undocumented immigrants will not stop hiring immigrants, it will just push them more underground. This means that they will not be remitting as much Social Security taxes into the system.
4. This policy will give unscrupulous employers another tool to retaliate against workers who are organizing to uphold their labor rights. When they fire them, the employer can claim it is because of the No-Match policy, masking their real intent, which is retaliation and repression.
5. Undocumented immigrant workers contribute to the financial health of the Social Security System. Millions of dollars are remitted to the SSA that are unclaimed because they are from undocumented immigrants. These funds are held in a fund that earns millions of dollars in interest. This interest goes into the general fund of the Social Security System.


AFW Members Victorious

        Congratulations to Balbert Quintas and Renato Ramirez! Balbert and Renato are two members of the Association of Filipino Workers (AFW) who won backwage claims against their employers.

Balbert worked for Mt. Sinai Home Care as a caregiver. His employer failed to pay him for three days of work. California law allows workers to also penalize employers for making workers wait for wages owed to them. This penalty is called a “waiting time penalty” and is worth a full day’s pay for up to 30 days.

With the help of the Pilipino Workers’ Center, Balbert filed his wage claim adding up to about $3000. On the day of the hearing, Balbert’s employer failed to show up. Balbert presented the Hearing Officer with evidence that he was not paid for three days. The Hearing Officer ordered that Balbert be paid the $3000 he is owed.

Renato (Rene) Ramirez worked at Hollywood Orchid Suites as a front desk clerk. As the only employee working his hours of swing shift, he could never take meal breaks and rest periods because his employer didn’t provide anyone to relieve him. His employer also created a “secret ballot” so that he didn’t have to pay the workers overtime.

With the help of the Pilipino Workers’ Center, Rene filed a wage claim against Hollywood Orchid Suites for overtime owed and for meal breaks and rest periods Rene wasn’t allowed to take. Additionally, Rene also claimed for waiting time penalties for making him wait for his wages.

Under California law, if a worker misses a meal break and rest period, that worker has the right to get back two hours worth of pay (one hour for the meal break and one hour for the rest period).

During Rene’s conference with Hollywood Orchid Suites on October 25, 2007, Rene was able to win $8925 in unpaid overtime and for violations of meal break and rest period laws. This also included the waiting time penalties owed to Rene since he had to wait to be paid his wages.

As AFW members, we need to make sure that these success stories spread around to other Filipino workers. Let your friends and co-workers know that you can do something if you think your workplace rights have been violated.

For more information about workplace rights or if you have questions about your work situation, call the Pilipino Workers’ Center at (213) 250-4353 and ask for Strela.



PWC Remit Card Re-Launches Thanks to Help from Members and Volunteers

The PWC Remittance Service, now called PWC Remit for short, officially moved from pilot phase to official launching on September 8th and 9th at the Festival of Philippine Arts and Culture (FPAC) and then the following week at the Penafrancia Festival in Echo Park.

Over 250 new individuals were signed up to the program during these two events. Over 200 became AFW members, taking advantage of the 6 month free membership offer.

These launchings couldn’t have been successful if not for the hard-work of all of the AFW members, Youth UNITE members and others who gave their time to volunteer. Over 50 people volunteered through out the 2 weeks and several inviduals were at every single day of both events.

It was a lot of hard work, but also a lot of fun. Volunteers had free entrance to the FPAC and were provided food and LOTS of water and Oishi chips. Many volunteers got to experience the Festival of Philippine Arts and Culture for the first time. A group of our Youth UNITE members joined the balut eating contest and one of thenm won! Congratulations to Intsek for that win.

Also some of our musical members were able to set up instruments and entertain the crowds. Jay Manio was a favorite crowd pleaser among others.

Update on the Service:
PWC is a pioneering program that PWC has created with its partners. It is an innovative way to significantly lower the costs of remittances to our loved ones. Especially for those sending money on a regular basis, it can save them hundreds of dollars a year in fees. These are hundreds of dollars that could be going to our loved ones in the Philippines instead of into the profits of large corporations.

Some of the innovative features:
You can use just a cellphone to send your money to the Philippines! This means that you really can send money from anywhere! This we felt was a great feature for live-in workers who have difficulty accessing internet and difficulty finding transportation and time off to go somewhere to send their money. With PWC Remit, they can just send a few text messages to send money home.

You can pay bills in the Philippines from your online account from here in the US! And it only costs 5s. If you are one of the members whose beneficiary has not yet received a card. Please call or contact your beneficiary to tell them to answer the call from RechargePlus in the Philippines. They are calling to complete their contact information. As soon as we have verified their information, their card will be sent to them through LBC.

Bayad Centers will not be up and running as cashout centers until this January 2008. All offices, over 800 of them, will be available for cash out by your beneficiaries around mid-November. We will notify you when they are available.

Testimony from a PWC Remit user:
I would like to give a very BIG THANK YOU to all you guys who helped in facilitating the smoothiest transfer of my hard-earned dollars to my daughter in the Philippines.

AFW Members’ Case Comes Back to Life!

         After almost three years of waiting, AFW members may finally see victory in their case against Westview for illegally being forced to work through their meal breaks and rest periods. Workers at Westview worked as “job coaches”, taking care of people with disabilities. Some workers who were already members of AFW, noticed violations of workers’ rights, such as not being able to take a duty-free meal break. They quickly organized and were educated about their rights with the help of the Pilipino Workers’ Center. They filed a complaint against Westview for not being given their meal breaks and rest periods. The total amount could be up to hundreds of thousands of dollars in back pay for Westview not giving legal meal breaks and rest periods.

Why Has it Taken So Long?
          When the AFW members filed their case in 2004, Gov. Schwarzenegger was trying to pass an anti-worker regulation that lessened the number of years that workers could claim for meal breaks. He successfully passed a regulation wherein workers could only claim 1 year worth of meal breaks, instead of 3 years. This decision was upheld by the Appeals Court. The Appeals Court decision then went to the Supreme Court. A Supreme Court decision (Murphy v. Kenneth Cole) issued in April 2007 said that meal breaks are considered a “wage” and not a “penalty” (as Schwarzenegger argued). This means that if a worker missed meal breaks, s/he could file up to 3 years worth of missed meal breaks as missed “wages”, rather than only filing 1 year worth of missed meal breaks as a “penalty”.

How Does the Supreme Court Decision Affect Westview Workers?
          The Supreme Court decision of Murphy v. Kenneth Cole is a major decision for all workers who have been wrongfully denied of taking duty-free meal breaks. In the case of Westview, the decision means that they can move forward with their case and that they have a good chance of winning; whereas before with Schwarzenegger’s regulation, many of the cases would have been thrown out because they surpassed the 1-year mark.

APALC Collaboration
          The Asian Pacific American Legal Center (APALC) has partnered with the Pilipino Workers’ Center to take on the Westview case. APALC has a history of winning cases for workers in the garment and restaurant industries. They are thrilled to take on this case against Westview because it could set a precedent for Filipino workers and other low-wage workers to demand what is rightfully theirs. APALC has the mission of empowering workers through litigation.

Can I File a Case if I am Undocumented?
          Yes. Undocumented workers also have the right to meal breaks and rest periods. It is illegal for any employer to deny your right to a break. AFW members who are undocumented have won their cases.

For more information about workplace rights, call the Pilipino Workers’ Center at (213) 250-4353 and ask for Strela.


PWC’s Affordable Housing Project Enters Entitlements Stage

         PWC and Little Tokyo Service Center Are Moving Forward the Affordable Housing Project set to be built on PWC’s current location. On June 29, 2007, we went to our first public hearing before a City Planning Officer. About 30 staff and supporters of the project packed the small hearing room in City Hall. Aquilina Soriano, Executive Director of PWC, and Mary Apisakkul, LTSC Project Manager, gave a presentation about the project. Many individuals spoke as residents of the area and individuals representing organizations such as Search to Involve Pilipino Americans (SIPA), Asian Pacific Policy and Planning Council (A3PCON) and the Office of Justice and Peace of the LA Archdiocese spoke in support of the affordable housing mixed-use project.

         A representative from the neighborhood council also spoke at the hearing. He read a letter that stated that they in general support affordable housing but that they have many concerns about the project. They want us to do many things that we simply don’t have the budget for as an affordable housing project. We do not want to cut the numbers of units because there is such a need for affordable housing that we really can’t afford to lose a unit! This is one of only 2 affordable housing projects that are being proposed right now in Historic Filipinotown, while there are many expensive condos and apartments that are being built.

         In this month of July, there will be several Neighborhood Council Committee meetings that we need members to come to show their support. One will be the Housing Committee and one will be the Planning and Land Use Committee (which has the concerns about our project). It is important for us to get the support of the Committees so that we can have the on-going support of Councilmember Garcetti. This is vital for us to get the funding that we need to develop these affordable units. Please call us to let us know if you are interested in attending any of these meetings. We do not have the meeting times yet, so call in to see when they will be scheduled for!


USCIS New Applications and Petitions Fees

         U.S. Citizenship and Immigration Services (USCIS) is implementing a new fee structure on applications and pretitions starting on July 30, 2007. For a list of the updated fees please click on the following link to the USCIS website:

Updated Applications and Petitions Fees

 


AFW Member Speaks Out About the Failed Immigration Reform Bill

*English translation in italics.

Friends and Immigrant Advocates:

         Please check out this article, Senate Immigration Bill 'Dead', from crosswalk.com. Grabe ang oposisyon ng anti-immigrants. Binaha nila ng tawag at threats ang mga senador kung susuportahan ang immigration reform bill. Ito ang sinasabing ang hina sa pag-sway ng public opinion at actual lobbying tactics ang immigrant  advocates. Dapat mag-assess ang lahat ng kasali sa immigrant movement para sa susunod na battle which will be after the November 2008 elections pa. Sayang ang golden opportunity na ito na may isang presidente na willing na willing na pirmahan ang isang immigration bill na magbibigay ng relief sa 12 million undocumented na sa kasalukuyan ay patuloy na nagsa-suffer sa isang buhay na punong-puno ng fears at mababang quality of life dahil wala kang social security number, driver's license, etc. para makapamuhay ng maayos.

         (Please check out this article, Senate Immigration Bill 'Dead', from crosswork.com. The opposition of anti-immigrants is really strong. They inundated senators with calls and threats to prevent them from supporting the immigration reform bill. This demonstrated the inability of immigrant advocates to sway public opinion and exposed the weakness of their lobbying tactics. Everyone involved in the immigrant movement should assess the situation in order to prepare for the next battle which will not occur until after the November 2008 elections. We should not waste this opportunity where there is a president that is willing to sign an immigration bill that will provide relief to 12 million undocumented people, who currently suffer from fear and a low quality of life because they do not have a social security number, driver's license, etc.)

          As usual, hangga't hindi natutunan ang mahusay na pag-kombina ng actual na parliamentary struggle both sa kalye at sa legislature, hindi natin makukuha ang ating goal. Hay, kailan kaya ito mangyayari? Balik tayo ulit sa buhay ng kanya-kanyang diskarte para sa paglutas ng mga may problema sa papel. Currently ang relief lang na matagal na na out of status at hindi nakabilang sa 245i ay ang mag-asawa lang ng U.S. citizen. This means kung hindi ka nakapag-file ng any immigrant petition (whether family or work-based petitions) before April 20, 2000, hindi ka na pwedeng makapag-adjust ng status unless mag-asawa ka ng U.S. citizen.

         (As usual, until we learn how to effectively combine the actual parliamentary struggle both in the streets and in the legislatures, we will not attain our goal. When will this happen? We once again return to lives where each person without proper documents is left to devise their own solutions to this problem. Currently, the only relief that is not included in the 245i is to marry a U.S. citizen. This means that if you haven't filed an immigrant petition (whether family or work-based petitions) before April 20, 2000, you are ineligible to adjust your status unless you marry a U.S. citizen.)

AFW Member


 

What are Other Groups Saying About the Failed Immigration Reform Bill?

The Illinois Coalition for Immigrant and Refugee Rights

The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) is deeply disappointed with the United States Senate’s failure to move immigration reform forward this year. The Senate this morning again failed to cut off debate on its immigration reform bill, this time by a vote of 46-53.  With this vote, the Senate ended its consideration of comprehensive immigration legislation for this year.   

While ICIRR recognized the flaws in the Senate proposal and worked to improve it, we also urged the Senate to move the bill forward and keep the legislative process moving.  Unfortunately, the politics of fear and hate have triumphed over the hopes for a reasonable, workable, bipartisan solution.  Now, without a legislative solution to our broken immigration system in sight, more families will be torn apart, more hardworking immigrants will be caught in raids, and more people seeking better futures will die on the border. 

“There are heroes and cowards from both parties,” said ICIRR board president Juan Salgado.  “In particular, the Republican Party needs to define itself:  will it stand for inclusion or play on hatred?  If it continues to pander to fear, it will continue to lose ground in the Latino community and throughout our nation.” 

ICIRR again thanks Sen. Richard Durbin and Sen. Barack Obama for their leadership in seeking improvements to the bill and in working to move the bill forward.  Both Senators voted for this morning’s cloture motion, and have worked hard to move the bill forward.  Throughout the Senate debate, they consistently showed their responsiveness to our state’s immigrant communities. 

Despite this setback, the immigration issue is not going away.  Our nation’s immigration system is in urgent need of reform.  The US House of Representatives must now take up the challenge of crafting a bipartisan reform bill.  ICIRR will also continue to work for just, humane, workable solutions, including the DREAM Act for undocumented students.  The US needs to bring the undocumented out of the shadows, restore order to our immigration system, and uphold our values as a nation of immigrants. 

The Illinois Coalition for Immigrant and Refugee Rights is a statewide coalition of 130 organizations dedicated to promoting the rights of immigrants and refugees to full and equal participation in the civic, cultural, social, and political life of our diverse society. 


Statement of Maldef President and General Counsel John Trasviña on U.S. Senate Vote on Immigration Reform

Today, the forces of delay and divide teamed up to defeat comprehensive immigration reform legislation.  But the hopes and needs of the American people - native and newcomer alike - will not be deterred.  The status quo is simply indefensible.  Families remain at risk of being split up; businesses remain unable to hire legal workers for all their jobs; and the immigration system can not effectively devote resources to protect America's security or future.  
 
We thank those Senators who, on a bipartisan basis, carried out their duties under the Constitution to craft immigration policy.  The remainder leaves America with neither solution nor vision.  Congress has two houses and we now call upon the House of Representatives to address, and not ignore, our immigration policies so they can serve our families, our security and our economy. 

                          

Founded in 1968, MALDEF, the nation's leading Latino legal organization, promotes and protects the rights of Latinos through litigation, advocacy, community education and outreach, leadership development, and higher education scholarships.


Pelosi Statement on Blocked Immigration Reform

“Today, Republicans in the Senate had an historic chance to act in the interests of the American people, but chose not to. Although the immigration bill before the Senate was far from perfect, it would have served as a starting point to address this critical issue for our nation.   

“During the entire process, newly elected Democratic majorities in both the House and the Senate have been committed to fixing a problem that past Republican Congresses have ignored for years.  The President had an obligation to the American people to persuade his fellow Republicans to pass a bipartisan comprehensive immigration reform bill.  Unfortunately, he was unable to do so.  

“Instead, Republicans in the Senate blocked a bill that attempted to fix our nation's dysfunctional immigration system.  In doing so, they have failed the American people. 

“Our immigration system needs to honor the promise of America and recognize the enormous contributions that immigrants make to our nation.  But it must do so in a way that makes our nation safer, protects all workers, and restores the rule of law.” 


Immigration Update from Sen. Robert Menendez

WASHINGTON – U.S. Senator Robert Menendez (D-NJ) today voted “Yes” to end debate and proceed to a final vote on the immigration bill, but the bill failed a cloture vote 46-53. Only 24% (12 out of 49) of Republicans voted to proceed on the bill, and two of the Republicans who helped first announce the Grand Bargain even voted against cloture (Sens. Isakson and Chambliss). 

      Sen. Menendez released the following statement: 

            “Republican conservatives made demands of the White House and the Grand Bargainers and were able to get a number of those demands in the bill  – including $4.4 billion for border security and a more onerous touchback provision – but they obstructed the process nevertheless. It seems that the strategy employed by the Grand Bargainers and the White House that took this bill increasingly to the right and too far from the center ended up garnering few additional conservatives and even lost some Democratic votes. 

      “Personally, I had serious concerns about the process and the direction of the bill, but I voted to keep it alive because I wanted to work to make it better and because I believe in comprehensive immigration reform. The story of this bill was that Republicans demanded everything, got a lot of what they wanted but still weren’t satisfied.” 


Statement of the Colorado Immigrant Rights Coalition (CIRC)

The Senate failed the American people this morning when it voted to halt its work towards comprehensive immigration reform.  While this vote ends prospects for S 1639, the movement for humane reform continues with more urgency than ever. 

The Senate's vote effectively defends the status quo, an enforcement-only immigration system that will continue to wreak havoc in Colorado communities and across the nation. Without reform, raids will continue to rip families apart, workers will continue to be exploited and millions will continue to toil in our country's shadows. This outcome is a disgrace and a slap in the face to the very values on which this country was built. 

Once again politics trumped humanity and productivity. We all lose when a broken immigration system serves to harm 12 million undocumented persons who work tirelessly everyday to provide for their families.  

America needs to reform its immigration system, and no amount of anti-immigrant rhetoric will change this. The Colorado Immigrant Rights Coalition (CIRC) stands for a pathway to citizenship for undocumented persons living in the US, a future worker program with strong worker protections and a pathway to citizenship, an end to family immigration backlogs, and the protection of the basic due process guarantees and civil liberties enjoyed by all Americans. 

We will not stop our fight to win a fair comprehensive immigration reform that will lift our brothers and sisters from the shadows and the terror in which they live thinking that at any moment they can be victims of deportation.  

This country's future is at stake. The frustration we feel today gives us fuel and energy to strengthen our efforts.  Our elected officials are not off the hook.  The Senate still has the moral obligation to address the nation's broken immigration system, and now attention will shift to the House to bring up a genuinely humane and comprehensive bill that addresses the real needs of America's immigrants, workers and communities. 

STRIVE Act Proposes Earned Legalizaion While White House Proposes “Z” Visa With No Paths to Citizenship 

STRIVE Act Introduced
Finally, on Thursday March 22, 2007, Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) introduced the first bipartisan comprehensive immigration reform bill of the 110th Congress. If enacted, the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act would be the most complete overhaul of our nation’s immigration system since 1965.

The STRIVE Act includes many improvements from the bills proposed last year. However, there are still many items that would be detrimental to immigrants. The actual Bill Document is over 600 pages long. Often times, the problems are found in the details like requirements and exclusions that could block many people from the paths to citizenship. Overall the STRIVE Act could provide many of the 12 million undocumented immigrants in the US with relief, although it also includesmany enforcement policies. Inside this month’s issue, we have an overview of the STRIVE Act looking at its positive and negative parts.

White House Wants to Have More Control of the Policy
The LA Times reported that President Bush views immigration as a top priority. By passing immigration reform, his administration hopes to have one positive policy during his term and hopes to increase Latino support, which is increasingly important to the Republican Party. His administration wants immigration reform done their way, however. When they saw Sens. John McCain and Edward Kennedy starting to work out a bill, they made moves behind the scenes to stall this effort so that they could unite Republicans around a proposal that would not give paths to citizenship for current undocumented immigrants.

The proposed reforms of the White House is based on the same views as racist, anti-immigrant groups. It would make legal status only attainable for those who could afford the huge fees and would only offer relief after the Border Patrol is more than doubled in size and other hugely expensive enforcement systems are in place. It essentially is designed to have current immigrants pay companies like Haliburton to further militarize the border.

And there is a path to citizenship provided. Instead, they would make it harder to become a citizen through a $10,000 fine and requirement that you apply from your home country.

The White House proposal also includes a guest worker program that would leave workers vulnerable to exploitation by big corporations.

Additionally, the proposal would cut many family preferences to stop supposed “chain immigration” of families petitioning for relatives.

What This Means
We have to make our voices heard to make sure that we do not get immigration reform like that proposed by Bush. We need Genuine Legalization and we need it now!


Overview of the STRIVE Act

-The DREAM Act for individuals who arrived at least 5 years before the date of enactment of the STRIVE Act at the age of 15 or younger and have graduated from high school; or
-AgJOBS for certain agricultural workers.

2 Reform our legal immigration system to significantly reduce family and employment immigration waiting lists and backlogs;

3 Create a large new worker visa program with features intended to avoid the constant abuses inherent in past and current guestworker programs;

4 Impose a mandatory electronic employment verification system for new hires that would apply to all employers and workers;

5 Address illegal border crossings by further militarizing the border region with a smaller number of provisions intended to protect the human and civil rights of the residents of that region;

6 Make numerous changes in interior immigration enforcement including new and increased penalties, increased detention space, new identity documents with biometric identifiers, and reduced due process.

Areas of Concern That are
Still Unclear:
1. Conditions that must be met BEFORE earned legalization and the new worker visa program can begin: The provisions providing a path to legal status and creating the new worker visa program would not take effect until and unless the Secretary of Homeland Security certifies that the first phases of the border technology, document security, and employment verification systems are in place.

2. Legal re-entry requirement: The path to legal status would include at least 6-years of “conditional nonimmigrant status” during which the immigrant would be required to leave the country and return legally at least once.

3. Other legalization requirements: It is not clear from the summary whether the English language and tax payment requirements for legalization are similar to the reasonable provisions in previous legislation, or whether like last year’s Senate bill they would mandate a higher standard that would preclude many immigrants from qualifying. It also is not clear whether legalized workers would be denied the right to collect the same social security benefits as other lawfully present immigrants and citizens. Last year the Senate rejected a proposal that would have prevented legalized immigrants from receiving their full earned social security benefits upon retirement or disability, even after becoming citizens, by preventing them from getting credit for money they paid into the system before legalizing.

4. Labor protections: Although the summary refers to increased labor law enforcement, this appears to be largely or solely in relation to the new worker visa program. The summary does not include reform of the provisions in current immigration law that undermine labor protections for U.S. and immigrant workers; it does not address the gaps in anti-discrimination protections for immigrant workers; and it does not include improved enforcement of labor laws, which is the most effective enforcement strategy available to reduce future unlawful immigration.

5. New worker visa program: The STRIVE Act represents an effort to legalize the flow of workers into the U.S. by shifting the estimated 500,000 who currently enter without documents into legal channels. It would do so by (1) removing some of the features of current law that restrict access to permanent family and work-based immigration, and (2) creating a new worker visa system that is intended to avoid the deeply problematic experience with current guestworker programs. Among the essential features of any such system, in addition to full labor rights, are “portability,” the ability of the temporary workers to quit their job and find another without losing their legal status, and “path to citizenship,” their ability to adjust to permanent status either by having their employer submit a petition or by petitioning on their own behalf after residing here for at least 5 years. Unfortunately, the new system does not appear to provide full portability. Workers with visas under the new program would not be able to work for any employer, but only for those who comply with paperwork and recruiting requirements designed to ensure that U.S. workers are hired before any worker visa holders can be considered. This requirement could make it extremely difficult for a worker to find employment with a new employer other than the one who initially petitioned for the worker. A new worker visa holder who is unemployed for more than 60 days would be required to leave the U.S.

6. Employment verification: The provisions outlined in the summary appear to improve the workability of the employment verification system compared with the version that passed the Senate last year. However the summary refers to a reduction in the number of documents that employers can accept. A certain amount of reduction from the current 29 acceptable documents would be reasonable, but not unless all work authorized individuals would have at least one of the required documents. Most troubling, there is some indication that the system might rely on REAL-ID compliant drivers’ licenses. As of now, there are no such licenses, and the states are in revolt against the new requirements because they are costly, unreasonable, and unworkable.

7. Reduction of due process protections: Numerous provisions in the bill increase immigration penalties or appear to affect the ability of immigrants to obtain relief when the government mistakenly moves to deport them. These include the expansion of expedited removal without the right to a hearing, affirming the authority of local law enforcement agents to enforce immigration laws, adding more criminal penalties for immigration violations, and expanding the criminal grounds of removal.


Overview of Horrible White House Proposal

Summary of Proposal Principles:
1. Secure US Borders
2. Give employers tools to verify immigration status and hold them accountable.
3. Provide lawful channel for temorary workers.
4. Bring illegal workers out of the shadows without amnesty
5. Require English proficiency, civics training , oath of
allegiance
6. All policies must be
comparatively simple, efficient, and not subject to undue litigation.

Identity Cards:
4 new identity cards will be created that are high security cards with biometrix data on them. Even US Citizens will be required to have a new ID. The same concern about the workability of these Real ID Drivers Licenses applies to this proposed policy.

Tougher Employer Sanctions:
It will make mandatory employer verification of all new hires and make tougher employer sanctions with bigger fines. It will also give the Department of Homeland Security Authority to crosscheck records with the Social Security Administration and IRS.

Temporary Worker Program:
Temporary workers will be given a “Y” visa. Every 2 years, the cap on the number of visas given out will be re-assessed based on market needs. Temporary workers will not be able to bring their spouses or children to the US and there will be not direct path to citizenship. It proposes 2 types of temporary workers:
wFuture-flow temporary workers can work for 2 years, then 6 months at home, renewable twice.
wSeasonal Workers can work in the US for 9 months a year indefinitely but cannot easily switch from one employer to another even if there are problems or violations of the worker’s rights.

“Z” Visa for Current Undocumented:
Holders can stay for 3 year terms, indefinitely renewable as long as they:
-pass background checks
-are working, have a working head of household, or are in school for most of the year
-pass the same English and Civics test required for citizenship
at their first renewal
-pay $2000 each 3 year
term.

“Z” Card holders will not be able to sponsor familymembers and will have acess only to emergency
social services and primary and secondary education. Z card holders will also not be able to access benefits based on tax contributions they made while they were undocumented.

There will be no special path to citizenship. A “Z” Card holder may apply through the regular process, but they must pay $10,000 penalty on top of other fees, and they will have to return home to apply. The same concerns apply to how long this process will take. If some one has established themselves with a job in the US, it could jeopardize their employment if they must leave for an extended period of time.

Green Card Priority Rebalancing:
This proposal would like to rear- range the current visa preferences and priorities. The main purpose of this is that they would like to stop the “chain” migration of foreign families and prioritize those with educational or vocational qualities in demand.

It would place caps and waiting periods on the preference for parents and completely cut the preference for siblings and adult children. Those that are already in the system would be processed more quickly as to clear the

backlog in the next couple of years. The Diversity Lottery would also be cut.


What You Can Do!

Call or Write Legislators!

Calls from immigrants, their families, and their advocates will also help to neutralize a poisonous atmosphere being generated by the calls coming from anti-immigrants. Mr. Gutierrez’s office, we were told, received about 100 calls in the first day after his bill was introduced from constituents and others angry about his “amnesty” bill.

Wednesday, March 28 & Thursday, March 29 are NATIONAL CALL-IN DAYS in support of comprehensive immigration reform.

Call this number and follow the instructions to connect to your members of Congress: 1-800-417-7666. Ask for Senator Feinstein or Senator Boxer.

Tell your representative that we NEED COMPREHENSIVE IMMIGRATION REFORM NOW! Comprehensive immigration reform is the solution to fixing our broken immigration system, and now is the time to act. Families, workers, and communities across the country are counting on Congress to get it done, get it right, and do it now.

IT DOESN’T MATTER WHAT IMMIGRATION STATUS YOU ARE! They will only ask you for your opinion and your zipcode.


This letter was made and sent out on August 12, 2005 to various politicians, AFW members, and PWC supporters as part of the educational campaign work of the Pilipino Workers' Center.

August 12, 2005

It’s Never too Late to Expose and Oppose the REAL ID Act!

 

Dear Supporter _____,

I am writing to express concern about the REAL ID Act of 2005 (HR 418), which passed in the House on May 5 and then passed in the Senate on May 11.  Although the REAL ID Act already passed, we can STILL work to expose and oppose this racist and discriminatory law. 


Effects of REAL ID on communityOn behalf of the Pilipino Worker's Center and the Association of Filipino Workers, with a membership of 500 workers and over 2000 supporters, we request your support in opposition of the REAL ID Act.  Many Filipinos fear they will never have an opportunity to get a driver’s license.  More importantly, many Filipinos are complaining that the REAL ID violates our basic civil liberties by making our private information available to any entity that scans our IDs (including grocery stores, banks, airports, etc.).  Moreover, everyone will now be vulnerable to identity fraud since our private information will be shared publicly.

 

What will happen to immigrants? The REAL ID Act, would, among other things, set standards so high that genuine refugees would be denied asylum, prohibit states from issuing driver’s licenses to undocumented immigrants; and limit immigrants’ access to federal courts.

 

Enforcement does NOT mean border security:  The REAL ID Act perpetuates the idea that enforcement alone can lead to border security or immigration control. Those who believe that supporting this measure will enhance border security in a meaningful way will be disappointed. The REAL ID Act will make it harder for those fleeing religious and political persecution to access freedom and it will put more unlicensed and uninsured drivers on our roads.

We are NOT safer from terrorists:  Targeting immigrant workers and freedom seekers, the REAL ID Act hardly makes us safer from terrorists. The desire for control over immigration is shared by all Americans, native-born and immigrant alike. But control over immigration cannot be gained by proposals that add harsher penalties to our outdated and unrealistic immigration laws.


Expose and oppose the REAL ID!  In the coming months, we hope that you will join us in exposing and opposing the REAL ID Act and its harmful effects on our communities.  The real solution is to create an immigration system that will address family unity and a path to legalization.  Please join us in our campaign at (213) 250-4353 and/or contact your local politician to OPPOSE THE REAL ID!

Communities Prepare to Fight the REAL ID’s Terror

On May 5, 2005, the Senate approved a supplemental military spending bill, called the Real ID Act.  The REAL ID Act will create (for the first time) a national ID card in the U.S. making it virtually impossible for immigrants without a social security number to access a drivers license.

 

HISTORY OF NATIONAL ID SYSTEM:  Throughout American history, there was opposition to creating a national ID system.  In fact, both Presidents Carter and Reagan opposed a national ID.  It was only until the 9/11 attacks where an interest in national ID cards was created.  Larry Ellison, head of California-based software company Oracle Corporation, called for the development of a national identification system and offered to donate the technology to make this possible. He proposed ID cards with embedded digitized thumbprints and photographs of all legal residents in the U.S.  Eventually, the national ID concept materialized in to the REAL ID.

MOTIVATION FOR REAL ID ACT:  Rep. James Sensenbrenner, sponsor of the REAL ID Act, explains that "The REAL ID is vital to preventing foreign terrorists from hiding in plain sight while conducting their operations and planning attacks. By targeting terrorist travel, the REAL ID will assist in our War on Terror efforts to disrupt terrorist operations and help secure our borders.”  Sensenbrenner claims that he was only following the recommendations of the 9/11 Commission to crack down on terrorists. 

REAL ID IS RACIST & DISCRIMINATORY:        The   REAL ID Act contains several provisions that target all people of color, especially the Filipino community.  First, terrorists are once again equated with immigrants with the passing of the REAL ID Act.  One of its most anti-immigrant provisions is the requirement of a social security number.  This requirement makes it impossible for those without a SSN and for those whose immigration papers are still in process to access a drivers license.  In fact, when the Social Security Number (SSN) was created in 1936, it was meant to be used only as an account number associated with the administration of the Social Security system, not as an ID. 

 

Second, the REAL ID will now require everyone who is applying and/or renewing their drivers’ license to authenticate their birth certificate.  This means they will have to get approval from their country of origin that their birth certificate is authentic.  For many people of color, it may be difficult or impossible to go back to their country of origin for economic or political reasons. 

 

The REAL ID Act violates our civil liberties.  Specifically, there are gross violations of the right to privacy and the right to due process.  In the next few years, communities throughout the U.S. will harbor the ill-effects of the REAL ID.  We can still let our voices be heard!  Let your elected officials know you oppose the REAL ID! 


Who is James Sensenbrenner?

James Sensenbrenner, a republican from Wisconson, is the House Judiciary Committee chairman.  Sensenbrenner is responsible for sponsoring the REAL ID Act claiming that his office is merely implementing recommendations from the 9/11 Commission.  The 9/11 Commission recommended to make it more difficult for terrorists and undocumented immigrants to obtain legitimate identification documents and to travel freely around the country.  Rep. Sensenbrenner is criticized for being an ultra-conservative and a staunch anti-immigrant.  Here is a snapshot of Sensenbrenner’s stance on various issues:

  • Voted YES on limited prescription drug benefit for Medicare recipients. (Nov 2003)
  • Voted YES on reporting illegal aliens who receive hospital treatment. (May 2004)
  • Voted YES on extending Immigrant Residency rules. (May 2001)

Voted YES on more prosecution and sentencing for juvenile crime. (Jun 1999)

 


 

REAL ID Act Approved Encroaching on US Citizens’ and Immigrants’ Civil Liberties!

May 5, 2005 – The controversial REAL ID Act passed overwhelmingly in the House of Representatives by a 368-58 vote.  The goal of the REAL ID Act is to intensify military spending and border patrol.  The controversy of the bill centered on how the bill was passed.  The strategy that Sensenbrenner (author of the bill) used to pass the bill was to attach a tsunami relief bill to the REAL ID Act.  Many in the House claimed that if it weren’t for the tsunami relief attachment, they would not have supported the REAL ID Act.

             

Provisions of the REAL ID Negatively Impact Immigrant Community

A.  Effects on Drivers Licenses

The Real ID will enforce new federal standards for the issuance of drivers licenses.  Currently, very state has its own laws and regulations on obtaining a drivers license.  Currently in the state of California, one needs a social security number in order to obtain a drivers license.  The REAL ID will require everyone (including U.S. citizens) who are applying or renewing their drivers license to provide proof of citizenship or legal immigration status.  Up to four pieces of identification may be required – 1) Proof of date of birth (birth certificate), 2) proof of legal residency, 3) photo ID, and 4) social security number.

For many Filipinos, it will be impossible to obtain a drivers license since many Filipinos have no social security.  Moreover, those who have temporary status or are whose papers are in process, will also no longer be able to obtain a drivers license.  What’s worse is that immigrants’ drivers licenses will expire when their visa will expire.  At the time of expiration, they will have to renew again and if they can no longer prove legal status, they will no longer be able to apply for a drivers license. 

              For many Filipina women who are victims of domestic violence, the REAL ID will force these women to report their residential addresses just to get a drivers license.  These women will risk being tracked down  by their abusers.  If she refuses to disclose her residential address, she can not get a drivers license.

All states will have up to 3 years to implement these federal standards.  If, for example, California does not meet these requirements, all California IDs will be invalid for use as identification and for any other federal purpose, such as entering buildings.  

B. Increased Difficulty in Applying for Asylum

For those Filipinos and other immigrants who are seeking asylum, they will have to show a greater degree of evidence.  This provision affects those who are seeking asylum for race, religion, ethnicity, political affiliation, or membership in a particular social group. 

              The REAL ID will enforce broader reasons for denial of asylums in an attempt to crack down on terrorists entering the country. 

 

C.  The REAL ID will result in more construction of fences and barriers at the border.

              The Homeland Security now will have the authority to waive any regulation the would prevent the construction of border fences. 

What Can I Do?

There are current proposals that have a path to legalization that you may support.  See the McCain-Kennedy proposal on back as an example.


Is the McCain-Kennedy Bill an Answer to Filipinos’ Immigration Problem?

May 12, 2005 – Senators McCain, Kennedy, Kolbe, Flake, and Gutierrez release a proposed immigration bill that many Filipinos and other immigrants are claiming will address their problems.  Although the McCain-Kennedy proposal creates new temporary worker visas and addresses the problem of undocumentation, it also includes questionable enhanced border security and enforcement.  The following are highlights of the McCain-Kennedy Proposal:

 

Essential Worker Visa Program (H-5A)

A new temporary worker visa (“H-5A) is created for persons coming to the U.S. (still in the Philippines) to perform labor other than agricultural or high-skilled. The requirements for these nonimmigrant workers include:

  • Show eligibility to work
  • Evidence of employment in U.S.
  • Criminal and security check
  • $500 application fee
  • Medical examination

The H-5A shall be authorized for 3 years and may be extended for another 3 years (total 6 years).

Positive Aspects of H-5A visa:

1) The visa belongs to the worker (not the employer) and the worker may use the same visa to re-enter if s/he can fulfill the above-mentioned requirements. 

2) The non-immigrant worker may travel outside of the U.S. 

3) There is no cap.  400,000 H-5A visas will be made available for the first year, but the number can increase according to demand.

4) Employers may not charge recruitment fees nor threaten to withdraw a petition in retaliation against a worker.  Workers may also file complaints against their employer.

 

Adjustment of Status to H-5B Nonimmigrant

              Persons who are present in the U.S. before the date of introduction of this bill may apply to adjust status to H-5B nonimmigrant.

              The requirements for H-5B nonimmigrant visa are:

  • Pay fine of $1000
  • Criminal and security check
  • Have worked in U.S. before the date of introduction of bill (can use letter from organization)

The H-5B shall be authorized for 6 years.

Positive aspects of H-5B visa:

1) Spouse and children may also apply for adjustment.

2) H-5B nonimmigrant worker may adjust status to legal permanent resident.  Worker must complete employment requirement, pay additional $1000, show proof of taxes, and undergo criminal and security checks.

 

Family Unity and Backlog Reduction

              Immediate relatives (spouses, children, and parents) of U.S. citizens are exempt from the annual level of 480,000 family-sponsored immigrant visas.  Employment-based immigrant visas will be increased from 140,000 to 290,000 per year.  For countries such as the Philippines that have high immigration rates, the per country limits for family-sponsored and employment-based immigrants will be increased from 7% to 10%.

             

Nonprofit Organizations May Become Certified

              The Board of Immigration Appeals (BIA) may approve any qualified individual of an organization   (such as the Pilipino Workers’ Center) as an accredited representative that may appear in immigration matters.  This may alleviate the problem of many Filipinos who pay thousands of dollars to unscrupulous immigration attorneys.  

 

Heightened Border Security and Enforcement

              Although the McCain-Kennedy Proposal answers the needs of many Filipinos, it also contains several disconcerting border security and enforcement pieces.  More sophisticated information-sharing will be set up that may require biometric (possible eye scan) verification.  Moreover, an electronic work authorization system will replace the paper-based I-9 system. 

 

Is this Amnesty?

No.  Although the McCain-Kennedy proposal contains provisions that may allow persons to adjust status to legal permanent resident, it does not translate into full amnesty.  However, these types of proposals may be the answer to some anti-immigrant legislation such as the REAL ID Act. 

 

What Can We Do?

Attend the Association of Filipino Workers (AFW) Meetings to voice your opinion!  We need to act immediately to tell our elected officials what parts of this proposal we support! 

 

Contact: Pilipino Workers’ Center at 213.250.4353


Home Healthcare Workers Win $19,000 After 2-Year Battle!

Los Angeles, January 28, 2004 – After a grueling meeting with the owner of Spinning Place home healthcare facility, Teresa Carbonell and Dorotea Mendoza end a two-year long battle to retrieve their unpaid overtime. The last two remaining Spinning Place cases of five, Carbonell and Mendoza started their claim along with their co-workers in November 2001 complaining that they had never been paid overtime at Spinning Place, a Gardena-based home-turned-facility.

Carbonell and Mendoza were not alone in their struggle to demand their unpaid wages. As members of the Association of Filipino Workers (AFW), these home healthcare workers found a haven in their organization where they felt free to complain and to get support from their fellow members. Before they became members of AFW, Carbonell and Mendoza were never educated about their rights as home healthcare workers. Similar to countless home healthcare workers, Carbonell and Mendoza never received information about wage and hour laws nor about their right to complain. After another co-worker became a member of AFW, Carbonell and Mendoza followed suit and quickly filed their claim against Spinning Place. “AFW supports us ... we have the right to fight for our case,” exclaims Carbonell.

The owner of Spinning Place, also a Pilipina, has a history of never paying her workers overtime even though she has requested her workers to work overtime. In 2001, the owner lost a case and paid one home healthcare worker Luther Lopez $3,000 in unpaid overtime. In 2003, the owner again lost and paid three employees (Remigio Bugay, Francisco Mendoza, and Rowena Pelayo) $16,000 in unpaid overtime. Now again in January 2004, the owner lost a claim owing a total of $19,000 to Carbonell and Mendoza. After the owner has had to pay a total of $38,000 in unpaid wages to her workers, one would assume that she would abide by labor laws and pay her workers what they are rightfully owed. However, the owner still does not post wage and hour signs in her facility and she continues to ignore labor laws.

The Association of Filipino Workers (AFW) and the Pilipino Workers' Center (PWC) encourage all home healthcare workers to join Carbonell, Mendoza, and many others in support of the Home Healthcare Worker Campaign. The campaign includes educating all employees about their rights and educating the employers about enforcement of labor laws. With the campaign, AFW and PWC intend to prevent more instances of employee abuse similar to Carbonell’s and Mendoza’s case. Moreover, AFW and PWC encourage all community members to report any instances of violations in the workplace and to address these violations immediately.

AFW and PWC are warning all employers who continue to violate employees’ rights that they will be exposed and will be put to shame for their violations. The members of AFW and the community are becoming more educated about their rights and will not tolerate these types of violations.

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AFW Wins $16,000 in Backwages Victory!

“It was only when we found out about the Association of Filipino Workers (AFW) that we started to act. We didn’t know it was illegal not to pay overtime,” said Rowena Pelayo, member of AFW. Rowena, along with Remigio Bugay and Francisco Mendoza are three members of AFW who did not tolerate their employer’s violation of wage and hour laws. They fought and won!

Rowena, Remigio, and Francisco all worked at Spinning Place, a home healthcare facility in Torrance, CA. Similar to many home healthcare workers, these healthcare workers would work 24-hour shifts but their wages never changed. Rowena, Remigio, and Francisco heard about their co-worker, Luther Lopez, winning over $3,000 in unpaid overtime wages with the help of AFW. They decided to join Luther and demand their unpaid wages.

With the help of the AFW, they discovered that all workers – no matter what your immigration status – have the right to overtime pay after eight hours of work, double-time pay after twelve hours of work, and split-shift pay if there was a break in their work day.

Rowena, Remigio, and Francisco (with AFW) filed wage claims with the Division of Labor Standards Enforcement (DLSE). The DLSE enforces the State’s labor and workplace safety and health laws, and will not question workers about their immigration status. Being members of AFW, they also learned that the DLSE will investigate retaliation (when an employer retaliates against workers who complain) and file court actions for victims of retaliation. Rowena, Remigio, and Francisco finally received the notice that the owner of Spinning Place wanted to settle the matter and issued them checks amounting to over $16,000 in unpaid wages.

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AFW Celebrates 5 Years of Standing for Immigrant's Rights

The Association of Filipino Workers (AFW) was founded only a few days after the 9-11 attacks in New York. Since then immigrants of color as a whole group have been identified as terrorists and blamed for the woes of the country. In the name of homeland security, immigrants? rights have been on the chopping block, leaving many individuals and families in difficult to heart-breaking situations. The AFW has consistently mobilized Filipinos to join in the fight for genuine legalization on a larger scale and has been assisting and standing together with individual members who are facing specific immigration problems. The AFW along with the support of the Pilipino Workers Center has helped individuals and families to obtain their green cards and to naturalize, and at the same time has been organizing and marching together with the Multi-ethnic Immigrant Worker Organizing Network to demand pro-worker, pro-family and pro-human rights immigration legislation, including genuine legalization or amnesty.

On September 16, 2006, the Association of Filipino Workers will be holding its Congress and 5th Anniversary Celebration at the building of the Pilipino Workers Center (153 Glendale Blvd.) in Historic Filipinotown. The program theme is Advancing the Struggle for Genuine Legalization for all Immigrants. The day will be kicked off at 2:00pm with the AFW Congress proceedings where members will be making decisions and resolutions about the program and stand of the organization for the coming year. After the Congress at 5:00pm, an outdoor stage will feature local Filipino talent and entertainment, refreshments and children?s games. Everyone in the community is invited to attend the celebration and find out more about our membership programs and how joining together in an organization can be empowering and beneficial.

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Migrante Intl Slams Unjust Deportation of 60 Filipinos from US
News Release: Exerpt from Migrante International

August 25, 2003 – This Wednesday, another batch of 60 Filipinos deported from the United States will arrive in Manila.

"Like the hundreds of other Filipinos deported since 9/11, we expect this group will also be handcuffed and treated like terrorists or hardened criminals," said Maita Santiago, Migrante International Secretary-General.

Including this latest group, at least 465 Filipinos have been deported from the US since September 2001.

"The Bush administration's crackdown on foreigners, Filipinos included, is on the pretext that they are terrorists. But instead of terrorism, most are only guilty of trying to earn a living," said Santiago.

According to the Justice Department's own Office of Inspector General, "None of the 1,200 foreigners arrested and detained in secret after September 11 was charged with an act of terrorism."

"Instead, after periods of detention that ranged from weeks to months, most were deported for violating immigration laws," reads the report's excerpt posted on the internet.

Most who are deported are victims of the US' Absconder Apprehension Initiative Program. This program targets about 314,000 immigrants for arrest, detention and deportation. Among them are around 12,000 Filipinos (most with expired visas), according to the Filipino Community Support Group (FOCUS) in San Jose, California.


Santiago further explained that even if some of those deported were previously imprisoned in the US, this still does not mean they deserve to be handcuffed or treated like violent criminals.

"For all we know they could have been arrested for speeding or shoplifting. Besides, whatever they may have been jailed for, they already served their time and this doesn't necessarily mean they are 'threats' to society," she said, in reaction to reports that the National Bureau of Investigation will monitor the deportees with 'criminal records' in case they 'create trouble'.

In contrast to the NBI statement that the deportees might 'create trouble', Santiago noted that Jerome Aricheta, 28 years old, became severely depressed after he was deported from the US. Two weeks ago, Jerome hung himself in his Makati City home.

Santiago concluded that on Wednesday, Migrante International and other groups will mount a protest rally at the US embassy to oppose the Bush administration's continued anti-immigrant crackdown on people of color, including Filipinos. She also called on President Gloria to register a diplomatic protest against these mass deportations by the US.

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Opinion: MIGRANTE Update
by Audrey de Jesus

Similar to previous Philippine administrations, the Macapagal-Arroyo administration proclaimed the overseas Filipino workers (OFWs) as the bagong bayani (modern heroes) of the Philippines, complete with an annual awards ceremony and Migrants Day. However, these merely amount to lip service, token gestures and ganda point opportunities for an indifferent Philippine government. Such “glorification” hides the OFWs’ hardship and isolation abroad as well as their ongoing struggle for migrant rights and social change.

Every day about 2,400 Filipinos are forced to leave their homeland as a result of difficult living conditions, increasing poverty and joblessness in the Philippines. Our overseas compatriots are subject to low wages, poor working conditions, abuse, discrimination, false imprisonment and death. Spread throughout 182 countries, the OFWs’ tragic experiences are common and often fall upon the deaf ears of the Philippine government.

  • Filipino crewmen were killed and injured in an explosion on the SS Norway. Instead of fighting for their interests, the Philippine Overseas Employment Administration (POEA) is pressuring the victims to drop their U.S. case and lawsuit against the cruise liner.
  • On February 14, 2003, President Macapagal-Arroyo signed EO182 to transfer the OFWs’ P4 billion medicare fund to the Philippine Health Insurance Corp. (Philhealth) without the workers' consent. GMA signed the order after the PhilHealth president said that such a political move would be favorable for her 2004 election bid.

Despite the difficulties they face and the indifference of the Philippine government, many of our overseas compatriots, their families and supporters are not meekly accepting their situation. Instead they are uniting and participating in the progressive movement of overseas compatriots.

The United Filipinos in Hong Kong (UNIFIL-HK) are holding forums against the questionable transfer of their medical funds. In Riyadh, Saudi Arabia, the Kapatiran sa Gitnang Silangan (KGS), a group working for the rights and welfare of Filipino workers in the kingdom, are demanding that the Philippine government immediately repatriate all distressed and runaway Filipino workers. And in the Philippines, returned migrant workers and their families are protesting Meralco’s continued denial of just refunds and its overcharging.

MIGRANTE INTERNATIONAL spearheads the progressive movement of overseas compatriots. It is a progressive organization of overseas compatriots, their families and supporters, and Filipino organizations abroad and in the Philippines.

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Bush Administration and Supreme Court Team-Up to Deny Fundamental Rights to Immigrants
by Christopher Punongbayan

In May of this year, two important changes were incorporated into the U.S. immigration system. The first came from the Supreme Court in the Demore v. Kim decision. The Supreme Court ruled that all immigrants can be imprisoned in the course of their removal proceedings without having the chance to show that they are not a flight risk or a danger to the community. This ruling applies even to legal permanent residents (“greencard” holders). What this might mean for you is that if the government is trying to deport you for any reason (this process is called a removal proceeding), you can be imprisoned and you will not be able to fight that decision.

Previously, you would have had the opportunity to show you were not a flight risk or a danger to the community. You could do this by showing, for example, you have been in the U.S. for 5 or more years and you have never committed a crime of violence. Bond could then be paid in exchange for your release. You would have been able to find a lawyer, raise money for your defense, be with your family, and keep your job.

Now, you may be imprisoned in an overcrowded detention facility that might not even be located in California. Your chances of finding a lawyer are much slimmer, you are robbed of your family, your ability to build your case is greatly diminished and you might even be “disappeared,” as have many so-called terrorist threats since 9/11.

The second important change also occurred in May when Attorney General John Ashcroft declared that broad categories of non-U.S. persons who are in America without papers can be held in indefinite detention if government officials decide that person’s release would endanger national security. Because the Bush Administration has been increasingly interested in classifying Philippine national liberation groups as terrorist organizations, Pilipinos here in the United States may face the consequences of such international posturing. Undocumented Pilipinos who enter removal proceedings may very well be labeled “national security threats” and may face indefinite detention without ever having been formally charged.

What can AFW members do? We can join other immigrants rights groups in the effort to repeal the harsh immigration laws of 1996 including the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and also the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001. We must also continue to protest the sweeping anti-immigrant paranoia that is infecting the U.S. majority.

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First PWC Awards Dinner Success!

“The community made the dinner a success!” exclaimed Association of Filipino Workers (AFW) volunteers and participants. On June 28, 2003, the Pilipino Workers’ Center (PWC) held their first Annual Benefit Awards Dinner at the First Baptist Church. The increased demands of the services provided by PWC made it high time for PWC to hold a fundraiser. PWC intended to use the Awards Dinner as a space to popularize the center and to raise funds to provide valuable services to the community such as case management, trainings and supporting the Association of Filipino Workers.

PWC awarded three key figures that contributed most to the development of the center: 1) the Korean Immigrant Workers Advocates (KIWA) was awarded for donating office space to PWC in its infant years and for training staff on case management; 2) Jay Mendoza (the former Executive Director of PWC) was awarded for putting countless hours into building the foundation of PWC and for spearheading PWC’s initial campaigns; and 3) Cristina Regalado (Vice President of Programs for the California Wellness Foundation) was awarded for assisting in providing funds to PWC.

The evening would not have been complete without the cultural aspect of the Awards Dinner. Several artists contributed artworks to be raffled or to be bid on in a silent auction. Over twenty works of art were raffled during the course of the dinner making the audience happy to participate. Moreover, several cultural performances such as the Kulintang reminded the audience of the roots of their heritage.

The Awards Dinner had a wide array of participants. Allies from other community-based organizations, union representatives, and youth from the Summer Activist Training Program (SAT) arrived. The money raised will contribute to the development of community programs and activities, to the technical support of the Association of Filipino Workers and to the enhancement of case management at PWC.

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Pilipino Youth DREAM of a New Life in the U.S.

The DREAM Act is a federal piece of legislation that allows undocumented immigrant youth to legalize their immigration status. As the number of undocumented Filipinos in the United States continues to grow with each passing year, the DREAM (Development, Relief, and Education for Alien Minors) Act has widespread positive immigration consequences for the youth community.

In its current form, the DREAM Act is relevant for all youth who enter the United States before the age of 16 and reside in the United States continuously for 5 years.

The Act creates a conditional or protected residency status for a period of up to 6 years during which time the youth must graduate from high school and also complete a higher education degree. Alternatively, instead of the higher education requirement, the youth may serve in the military for a period of 2 years or may opt to complete 910 hours of community service. Upon successful completion of one of these three requirements, the youth will obtain lawful permanent resident status, or a “greencard”.

The DREAM Act is one step in the national movement for legalization for all undocumented persons in the United States, but it is not without its own flaws. The double graduation requirement of the Act perpetuates the U.S. system of meritocracy that prefers to advance the interests of individuals rather than communities of historically oppressed people. The Act does not compensate for the conditions in California high schools that prepare immigrant youth better for military service than for college. The Act also creates strong incentives for Filipino youth to actually serve in the United States armed forces – making our young immigrant youth vulnerable to target practice during military war games rather than sending our youth to college.

For the above reasons, it is important for AFW to continue to join other immigrant organizations in our efforts as we press for unconditional mass legalization for all undocumented persons in the United States.

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Youth Unite at First AFW Youth Retreat!

As the saying goes, “Ang kabataan ang pag-asa ng Bayan.” Yes, we the youth are indeed the future of our nation. We are the future leaders, nurses, lawyers, architects, engineers and teachers. But once, we, the youth are ignored and misguided, all these dreams are swept away by the tides of despair and hopelessness. Several things could occur to the youth of today: we could have unwanted children, get involved with drugs or with gangs, and commit other inappropriate behavior.

To help prevent these things from transpiring, the Association of Filipino Workers had its first retreat for the youth on July 25-27 at Big Bear. We gathered there for a fun-filled trip and with a goal to unite and have a well-bonded relationship with each other. This is to create the “bayanihan” spirit we somehow have lost as we entered a foreign territory. We also had educational discussions about facts of HIV/AIDS, the history of migration, globalization and the youth and student movement. We also saw a video about exploited children in the Philippines and discussed its effects on us as youth here in the United States. The youth were very participative in all of the discussions, giving out ideas one after the other.

As we ended, all the youth were inspired and now have an idea of how they can help develop the Pilipino community here in Los Angeles. The youth understand that to fight for the rights of the Pilipino community means educating the community about their basic rights and supporting the campaigns and programs of the Association of Filipino Workers.

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Justice Capulong’s Visit to U.S.: Assists Public Interest Law Center

Los Angeles, June 2003 – In a rare visit, Justice Romy Capulong (the Philippines' top human rights lawyer and International Ad Litem Judge for the United Nations) held a forum and fundraiser on the heightened human rights violations in the Philippines. Part of a national tour, the forum and fundraiser demonstrates that the number of human rights violations has increased under Gloria Macapagal-Arroyo’s administration.

Known for the success of such cases as Flor Contemplacion and for handling of human rights abuses under the Marcos dictatorship, Justice Capulong is a renowned attorney and is known as the “attorney for the masses." The intensified human rights abuses under the Macapagal-Arroyo administration brought Justice Capulong to the U.S. In his account, Justice Capulong correlated the U.S. “war on terror” in the Philippines and the intensified human rights violations. According to Justice Capulong, “if the war on terror was supposed to make the world safer, it has failed, and has given many governments a license to abuse human rights in the name of security.” According to Karapatan (a human rights alliance in Manila), the number of victims is already 15,928!

This represents an increase of 1,160% compared to the figure of 2002. In less than three years that Gloria has been in office, her administration has accumulated more human rights violations than the number of human rights violations under the Marcos’ 18-year dictatorship!

The Los Angeles fundraiser raised over $3,000 (in addition to the other fundraising efforts of the national tour) to assist the Public Interest Law Center in the Philippines. Now those in the Public Interest Law Center who often work for free will have more resources to better serve the victims of human rights abuses.

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Thousands March On May 1st

Every year on May 1st, members of the Association of Filipino Workers (AFW) march arm-in-arm in commemoration of International Workers' Day. In previous years, a vast and diverse group of members participated in the march: from students to workers to professionals to senior citizens. The march on May 1st is spearheaded by the Multi-ethnic Immigrant Workers Organizing Network (MIWON) comprised of four organizations: Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), Korean Immigrant Workers Advocates (KIWA), Garment Worker Center (GWC), and Pilipino Workers’ Center (PWC). MIWON unites with thousands of other community members and organizations to express the demand for legalization and for the dignity of immigrants.

As in previous years, AFW members participated in the May 1st march in solidarity with other immigrant workers. May 1st is one of the few days wherein Pilipinos are recognized for their contribution to healthcare, construction, security guard sevices, and other industries. However, these same Pilipinos must live with the fear of deportation, they have no benefits, and they are denied access to a drivers’ license.

After 9/11, a strong anti-immigrant hysteria emerged in which immigrants were treated as terrorists and were subjected to unfair policies. Thousands of immigrants were deported for minor violations under new programs such as the Absconder Apprehension Initiative Program. Thousands more Pilipinos were laid off simply because they were not U.S. citizens.

Pilipino immigrant workers are among the hardest hit by the war. Many Pilipinos are suffering from job loss, lack of access to education, and lack of healthcare. It is apparent now more than ever that there is a need to unite with fellow Pilipinos and to have a voice in the community. The march on May 1st was one instance where many kababayan will gather in solidarity.

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One Step Closer to a Driver’s License!

The Senate Transportation Committee approved SB60 in a 7-3 vote in Sacramento. SB60 would allow all immigrants to obtain a drivers' license, no matter what their immigration status. Senator Gil Cedillo (D-Los Angeles) said the law should provide licenses to undocumented workers who are the backbone of the agriculture, hotel, services and construction industries. As we know, there are many Pilipinos who work in these industries and many in our community who would benefit from gaining a drivers' license through this bill. Since access to a drivers' license affects an individual’s ability to get better jobs, drive to the doctor, drive their children to school, and to perform other basic needs, AFW members found it necessary to support SB60 and ensure its approval.

SB60 would require all applicants to take thumbprints and to submit a valid social security number (SSN). However, those who do not have a SSN may provide an individual tax identification number (ITIN) instead.

SB60 also promotes transportation safety. SB60 would ensure that all drivers undergo driver training, testing, and have access to automobile insurance – making our highways safer. Even former Sacramento Police Chief Arturo Venegas said, “The primary purpose of SB60 is to ensure safe highways and to ensure that all drivers on our roads are subject to the same standards.” Although the Senate Transportation Committee approved the new bill, it must pass through the Senate Appropriations Committee where the budget for implementing SB60 will be discussed.

Thanks to the support of AFW members along with other immigrant-based organizations, SB60 clears its first hurdle!

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Opinion: Who Benefits From the War?

During a March 2003 Association of Filipino Workers (AFW) meeting, the members discussed the war of the U.S. Government against Iraq–part of their “anti-terrorism” campaign. Actually, this war on terrorism has a tremendous impact on the immigrant communities in America, namely the Pilipino community.

According to People’s Association of Workers and Immigrants (PAWIS), 30,000 airport screeners nationwide were laid off after 9/11. 60% of those laid off in San Francisco were Pilipino immigrants and only less than 5% were able to find work afterwards! These same Pilipinos are working just to survive and to feed their families.

As part of the anti-terrorism campaign, there have been mass deportations of immigrants from December 2001 up to the present. Many Pilipinos were handcuffed (i.e. even while eating and using the restroom) and were mistreated by authorities!

While Pilipinos are being laid-off and deported, the U.S. has already spent $1.3 trillion on its first day of war alone. Vice President Dick Cheney holds stocks and options worth another $40 million as former CEO of Halliburton Company (an oil services giant). Meanwhile, free and low-cost clinics are being shut down along with county hospitals; and the educational budget is being hacked.

The annual military budget around the world is around $900 billion! 50% of this budget is being spent by the U.S.! According to the U.N., “10% of the 50% U.S. military budget can ensure the essentials of life to everyone in the world!” AFW members ask, “Why is so much money being poured into the war when the people are losing jobs and lack healthcare and education?” When closely examining the truth about the war, we should also ask, “Who does the war benefit?”

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2007 Will Be A Crucial Year for Immigrants

The immigrant upsurge in 2006 showed the power of the “parliament of the streets” by forcing the Senate to begin to talk about paths to citizenship for immigrants and by stopping the passage of the harshest anti-immigrant laws. If 2006 was the year of the immigrant upsurge, 2007 should be the year that the immigrants rights movement builds on last year and grows strong enough to make more concrete gains in fighting for the human rights of all immigrants.

Victory for Democrats, What Does it Mean for Immigrants?

On November 7, 2006, the Republicans lost their hold of the House and the Senate as Democrats won in 80% of all House districts (New York Times). 62% of Asians voted Democrat, 54-61% of voters ages 18-59 voted Democrat, and 63% of voters earning under $30,000 voted Democrat (Edison Media Research).

This overall shift to Democrat across the nation translates into the dissatisfaction with President Bush and with the war in Iraq. In various states, politicians’ stances on immigration affected voting. For example, an all-out anti-immigration stand got politicians voted out in certain states. In a new poll by the Quinnipiac University, American voters expressed their desire to let illegal immigrants have a path to citizenship. This demonstrated that Republicans were out of step with the views of their voters. “Republicans support the guest worker to citizenship path 66 - 31 percent, while Democrats back citizenship path 73 - 23 percent.”

Does this mean that legalization is around the corner? Not really. While the Democrats seem to favor immigrants rights more, some of the worst immigration laws have been passes by them, like the 1996 IIRIRA Act. The Democrats seem to be more open to passing something that seems favorable to immigrants, but whether it is truly favorable to immigrants will be determined by the strength and impact of the immigrants rights movement.

Cities have Become Local Battle Grounds for Immigrants Rights Over Sanctuary Laws & the Roles of Police

Cities around the country are passing anti-immigrant or pro-immigrant laws. On one hand there are cities such as Escondido which are passing laws that are requiring landlords to verify the immigration status of their renters and to evict undocumented renters or face possible jail time and fines.

Other cities, such as Maywood, CA are declaring themselves sanctuaries for immigrants. As a sanctuary, police will not stop people just to check their immigration status and will not ask about individual’s status.

In Los Angeles, there is some form of this sanctuary protection with Special Order 40 preventing LA police officers from asking arrestees, witnesses and victim’s immigration status in order to more effectively stop crime. In Chicago, Elvira Arellano and her son Saul saught sanctuary in a Methodist Church


PWC Launches Discount Remittance Project

Pilipino Workers Center of Southern California in partnership with Rechargeplus International Limited has teamed up to help make more of your hard-earned money go toward the things that matter to you most.  Using the latest technology, we've created a fast, convenient and secure remittance service with dramatically lower fees than other competitors.  With the money you save, you can further improve your family's lives.

The small fess that you do pay will also go towards improving your community here in the United States.  A percentage of all profits will come back to PWC.  So every time you use your PWC RECHARGE PLUS Remittance Load Card, you are helping PWC serve more individuals with immigration, employment and other problems.  You are helping build PWC's capacity to be a strong leader on issues that impact your family the most.

For more information.  Please call PWC at (213) 250-4353

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Details on the MIWON International Migrants Day Event will be posted soon.  Call PWC for immediate information at (213) 250-4353

 


 

PWC Youth Workforce Program Article Coming Soon. Please call us for more information until then at (213) 250-4353.

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