‘Several legal relief available to jobless aliens’

A top immigration lawyer from California says jobless alien workers who are about to lose status after the Nov. 27, 2011, deadline have numerous legal relief available to them.

Ted Laguatan, legal counsel for U.S. Pinoys for Good Governance, said one example of relief that can be filed specifically for cases in the CNMI is cancellation of removal.

“The situations there are very varied. Other alien workers have been there longer than others, while other have had children there. For those who have been here for 10 years or more and those who have U.S. citizen or permanent resident children or parents, there’s a relief available for them that is called cancellation of removal,” Laguatan said during a phone interview with reporters on KWAW Magic 100.3 FM on Saturday.

Laguatan said, however, that this type of relief is only available to aliens who are already in the custody of Immigration and Customs Enforcement and are about to plead their case in immigration court.

“They cannot just pick you up and put you on an airplane and send you home. That would be unconstitutional. USCIS already announced that they will not prioritize for removal non-criminal cases. You have rights before the courts. You have constitutional rights. They cannot force you to leave without a hearing before an immigration judge and in front of the immigration judge and all these defenses could be presented,” he said.

Laguatan also said USCIS’ approval for parole-in-place for eligible caretakers is a positive development for jobless foreign workers hoping for some type of status after the expiration of umbrella permits on Nov. 27, 2011.

He also pointed to discretionary relief that would request Department of Homeland Security Secretary Janet Napolitano not to enforce the CW final rule for humanitarian reasons.

“There are a lot of defenses and strategies that are available. The message is ‘don’t go home’ because those defenses and strategies might be available for you,” said Laguatan.

Laguatan said he is scheduled to visit the CNMI next month, days before the expiration of umbrella permits on Nov. 27, 2011.

While willing to help, Laguatan said that representing hundreds of alien workers will necessitate the setting up of a law office on Saipan and that would incur costs.

“There will be a lot of cases there. Some of them would go to court in order for foreign workers to be able get their status. Of course we’re ready to help but realistically we have to look at the reality of the situation. What we need to be able to have a sustainable legal defense for foreign workers is to put up a law office there that will surely have to be semi-pro bono,” he said. Pro bono means done or donated without charge.

Laguatan said that a straight up pro bono practice to help alien workers in the Commownealth would die a natural death because it just cannot sustain the sheer number of cases that will have to be handled here. He added that funding is essential in sustaining legal assistance.

“Who can help? What lawyer who is an immigration expert from the mainland will go there and take on so many clients? He will be neglecting his clients in the states. He will have to go there to really help,” he said.

Laguatan also reiterated former general attorney for Immigration and Naturalization Services Loida Nicolas Lewis’ advice to worried foreign workers not to fear deportation without having their case heard first by immigration court.

“The most important message I can say is for them not to leave the CNMI because the Commonwealth is now part of the American territory. The immigration law of the U.S. became applicable in Nov. 28, 2009, and so therefore all of you have constitutional rights. They cannot force you to leave American territory without a hearing before an immigration judge and all of the defenses and relief can be presented to immigration court,” said Laguatan.

Laguatan said that without a political solution, the idea is to keep and prevent jobless alien workers from being deported.

“If they know their rights and they have a good lawyer, the process will take a very long time. And that’s because everybody is entitled to a hearing before an immigration judge as a matter of constitutional right,” he said, adding that it is his hope that legislation be introduced in Congress to allow to allow foreign workers in the CNMI to stay.

Laguatan is a member of the California State Bar and was honored by the same organization in 2010 as one of only 29 U.S. lawyers officially certified continuously for more than 20 years as expert-specialists in immigration law.

He has also handled landmark immigration law cases and is the author of A Layman’s Guidebook on Immigration Law.