Allaying immigrants' fears on a Trump presidency

"Unthinkable. Impossible. Un-American. The worst joke ever." These were the words one heard when asked about Trump's chances of winning the presidential election. Then like a force of nature nobody saw coming, on November 9, 2016, the American people woke up to the reality that the country elected Donald J. Trump as its next president. What seemed to be a coronation for Hillary Clinton turned out to be the worst election defeat of any candidate in modern political history.

As time is measured by either BC or AD, the political era would perhaps be hereunto referred as BT or AT - Before Trump or After Trump. For sure, the election of Trump to the highest office not only in America but in the whole free world, has very lasting significance to individuals, nationalities, and countries around the world. His overarching campaign platform of "Making America Great Again" redounds to specific promises concerning domestic and international trade, revisions of the convoluted tax system, repealing and replacing Obamacare, stimulating the economy, bringing back jobs from overseas, strengthening the border and enforcing immigration laws, and defeating the rise of terrorism. Sure, nobody argues that these proposals benefit the interests of the American people, yet it is in the cringe-inducing actions and heavily-loaded rhetorics of the messenger that makes the message misunderstood, derided and to some, feared.

Every election brings about change. Every change brings about uncertainty, anxiety, and fear. Immediately after it was clear that he won the presidency, I received a barrage of frantic texts, calls and emails from clients asking me what would happen to their petitions and applications now that Trump, the self- portrayed anti-immigration strongman could literally change their lives. And these fears are not only real but well founded. Specifically on the issue of immigration, candidate Trump, rode his way from his party's nomination to the general election by promising to build a wall at the southern border, deporting millions, closing the doors on refugees, imposing stricter screenings for Muslims, instilling more tighter controls on hiring foreign workers ensuring that jobs are offered to American workers first, and immediately terminating executive orders by President Obama concerning overstaying children and parents of US citizens.

I always maintain that these specific proposals, though palatable as they are in an election, are not automatically adoptable once then candidate Trump becomes President Trump. True, there are proposals that could be considered as easy pickings because those are overwhelmingly supported by the general public such as deporting convicted felons and repeat border crossers. But in a larger sense, most of his plans on immigration require a more bipartisan approach and comprehensive study. Yes, there are reasons to be afraid, valid and substantial as they are, yet these feelings of anxiety could be far outweighed by rational hope and placing trust to our government and its system of justice.

Take a moment in reflecting that the powers of the presidency of the United States of America, as awesome and significant as those are, are not without limitations. The presidency is not under a whim of a monarchy nor is it under the tyranny of an autocracy. As such, the executive functions of the US president are constrained by well-established constitutional parameters and tempered by the established structural processes of checks and balances maintained by the US Congress and the Supreme Court. Its fourth estate, the media in all its forms, is as robust and free as ever. Other social institutions such as engaged political parties, active religious groups, involved bar associations, independent watchdogs, strong labor unions and special interest groups, and even the virtual influence of netizens on social media, all train its vigilant eyes on any perceived or actual abuse of powers of the presidency. Thus, as far as any potential overreach by a President Trump could be curtailed by any and all these democratic mechanisms.

Thus, this is my answer to the inquiries I received. For now, any applications or petitions you may have pending before the USCIS, National Visa Center or at the US Consulate in Manila are going to be processed under existing laws, rules and procedures. When Mr. Trump takes his oath of office on January 2017, the least that I could honestly tell you is that we all could expect changes. I suspect that in the short term, those would be changes more in areas of implementation and enforcement such as prioritizing deportation of criminal aliens, stricter security measures, background checks, etc. Whether those perceived changes are incremental or wholesale, piecemeal or comprehensive, all remains to be seen. Let us not be easily afraid when we hear unfounded news about Filipinos being banned entry in the US, or false stories about massive, large scale rounding up of illegal Filipino immigrants in the US. Again, those are valid concerns but it is not happening as we speak.

Let me end by quoting a few words by Ms. Clinton in her moment of graciousness amidst the pain of loss and disappointment. In her concession speech, she said:

"Donald Trump is going to be our president. We owe him an open mind and a chance to lead . . . our constitutional democracy demands our participation, not just every four years but all the time. So let's do all we can to keep advancing the causes and values we all hold dear . . . our responsibility as citizens is to keep doing our part to build that better, stronger, fairer America that we seek . . . This loss hurts, but please never stop believing that fighting for what's right is worth it. Scripture tells us, 'Let us not grow weary in doing good, for in due season, we shall reap if we do not lose heart.'"

This column is not a substitute for professional legal advice obtained from a US licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader's specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected]