by Emmanuel Samonte Tipon, Esq.
On September 23, 1986, when President Cory Aquino was visiting San Francisco where I lived, I saw an airplane towing a banner with the words “Cory Communist Cuddler”. I called the home of the Marcos children, identified myself as Atty. Tipon, and asked if they had a hand in the banner. The one who answered asked “Why, manong (elder brother)? [I should have been called “tata” (an Ilocano word of respect for someone old enough to be a parent) since I am just 2 years younger than Imelda].
I replied: “The banner has a misspelled word. It should read ‘coddler’ not ‘cuddler.’ Cuddle means to embrace affectionately like a baby. Coddle means to treat someone in an overprotective manner.” “Pareho lang yan” (They are just the same), I was told.
How Illegal Aliens Are Coddled (Cuddled?)
So, whether illegal aliens are being “coddled” or “cuddled”, the undeniable fact is that they are now being treated much better under the current administration than they have ever been in the past. Illegal aliens are treated even better than law abiding aliens who are being tormented and oppressed (subjected to harsh and authoritarian treatment) by the government. Susmariosep.
Illegal aliens are allowed to cross the southern border of the United States to such an extent that there is now a crisis at the border. They have no visa, no petitioner, no sponsor, no medical exam, no affidavit of support, no police clearance. After being asked to fill up forms, they are released into the United States. (Catch and release). No health check, no Covid-19 test, no quarantine, no masks. They are given free housing – a military base on the mainland is being refurbished to house the illegal aliens. Schools are being established near the border for the illegal alien children. Would you be surprised if they are given a stimulus check?
American citizens living near the border are being threatened, harassed, or inconvenienced by the influx of illegal aliens. The governors of southern border states like Texas and Arizona are appealing to the President to stop the illegal aliens but have been ignored.
You have not seen this crisis? You might be watching the fake news and corrupt media who are covering it up to protect the current administration. Watch instead Fox News and Newsmax. They are telling the truth.
What have illegal aliens done to deserve such coddling or cuddling by the current administration? “Come on man,” to use a familiar quote of the President, You know the answer. You are not dense. These illegal aliens will be given asylum or amnesty and a path to citizenship. They will be eligible to vote in 8 years. Guess who they will vote for? Their benefactor – the Democrats (or Demoncrats?). Oh, you are just a bleeding heart liberal and are not into politics. So why don’t you host an illegal alien in your home? What’s that? You are just renting and your landlord won’t permit it. Your landlord must be a law-abiding citizen. He must know that harboring an illegal alien is a crime. 18 U.S.C. § 1324(a)(1)(A)(iii).
All persons who encourage or induce an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law, is subject to punishment. 18 U.S.C. § 1324(a)(1)(A)(iv). This includes persons who engage in any conspiracy or aid or abet the commission of such act. 18 U.S.C. § 1324(a)(1)(A)(v).
How Law-Abiding Aliens Are Tormented And Oppressed
Compare the current administration’s treatment of illegal aliens with the treatment of law-abiding aliens who are seeking immigration benefits, such as adjustment of status, removal of conditional resident status, petitioning their alien relatives, or applying for citizenship. Compare the treatment of illegal aliens with the treatment of law-abiding citizens seeking immigration benefits, like petitioning their alien relatives or fiancees.
Law-abiding aliens and citizens are tormented and oppressed. They are made to file petitions or applications with hefty fees and file affidavits of support. The beneficiaries have to wait years, sometimes more than 20 years (like a brother or sister petitioning another brother or sister) for a visa to become available. The beneficiaries are made to undergo a rigorous medical and mental examination, pay significant fees for a visa application and green card, and are subjected to a grueling interview by a consular officer who might be a racist and hell bent on denying the visa. Upon arrival at the airport, the alien beneficiaries are again subjected to an examination by a customs and border protection agent.
Citizenship applicants are tormented too. Every little mistake they have made in life is magnified and treated as fraud or dishonesty even if it is not so or is immaterial to the grant of citizenship. For example, a green card holder who did not disclose to a consul when he immigrated to the U.S. that he had an illegitimate child will be denied citizenship on the ground that he committed fraud, even though such nondisclosure is not considered fraud under immigration law because it was not made with an evil intent and was immaterial because with or without a child, the alien was eligible for an immigrant visa. The citizenship application will be denied and he will be placed in removal proceedings.
A citizenship applicant who does not disclose all his encounters with law enforcement officers could be called dishonest, even though he does not remember all of them because they occurred many years ago or was insignificant or there was no arrest. An applicant who does not remember how many times he has been arrested will be denied citizenship, even though the applicant submits a criminal history certificate listing all his arrests.
There appears to be a pattern and practice of discriminatory treatment of law-abiding aliens and citizens seeking immigration benefits.
Favoritism Is Discrimination
“No state shall *** deny to any person within its jurisdiction the equal protection of the laws.” Constitution, 14th Amendment.
“An unreasonable discrimination is a denial of due process of law.” Bolling v. Sharpe, 347 U.S. 497 (1954).
The “Fourteenth Amendment’s requirement of ‘equal protection of the laws,’ combined with the Thirteenth Amendment’s abolition of the institution of black slavery, leaves no room for doubt that laws treating people differently because of their race are invalid.” Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990). Justice Scalia.
“[W]hen the government distributes burdens or benefits on the basis of individual racial classifications, that action is reviewed under strict scrutiny. Parents Inv. In Comm. Sch. v. Seattle School, 551 U.S. 701 (2007).
In order to satisfy this searching standard of review, the government must “demonstrate that the use of individual racial classifications in the assignment plans here under review is “narrowly tailored” to achieve a “compelling” government interest.” Parents Inv. In Comm. Sch. v. Seattle School, 551 U.S. 701 (2007).
Applying these principles to the conduct of immigration officials in coddling [cuddling] of illegal aliens (mostly Latino) while tormenting, oppressing, and discriminating against legal aliens (mostly Asians), it appears that the current administration has denied legal aliens – and certain U.S. citizens – applying for immigration benefits the equal protection of the laws and due process of law.
ATTY. EMMANUEL S. TIPON was a Fulbright and Smith-Mundt scholar to Yale Law School where he obtained a Master of Laws degree specializing in Constitutional Law. He has a Bachelor of Laws degree from the University of the Philippines. He is admitted to practice before the U.S. Supreme Court, New York, and the Philippines. He practices federal law, with emphasis on immigration law and appellate federal criminal defense. He was the Dean and a Professor of Law of the College of Law, Northwestern University, Philippines. He writes law books and legal articles for Thomson-Reuters and writes columns for newspapers. He wrote the best-seller “Knowing by Knowing Your Election Laws.” Listen to The Tipon Report which he co-hosts with his son Noel, the senior partner of the Bilecki & Tipon Law Firm. It is considered the most witty, interesting, and useful radio show in Hawaii. KNDI 1270 AM band every Thursday at 8:00 a.m. Atty. Tipon was born in Laoag City, Philippines. Tel. (808) 800-7856. Cell Phone (808) 225-2645. E-Mail: firstname.lastname@example.org. Websites: https://www.tiponlaw.com , https://www.hawaiianimmigrationattorney.com
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