In Defense of the Manalastas Family originally published in New York University's GenerAsian Magazine, Fall 2002 issue "They have no respect for America. Get these people out of the country." Mr. Stephen Brittain writes these words in his letter to Filipinas Magazine in the August 2002 issue. While these words may sound jingoistic when taken out of context, Mr. Brittain assures the reader that he has good intentions. He is not against immigration; in fact, he has an immigrant wife, and in his statement, he is not referring to Filipinos as a whole. He is specifying the Manalastas family, formerly of Elizabethtown, Kentucky, whose father, William Manalastas, was deported after the post-September 11 crackdown on illegal immigrants by Immigration and Naturalization Services (INS). No, what Mr. Brittain is against are lawbreakers. To him, the actions of the Manalastas family were committed with blatant disregard for American law, and affront to honest, law-abiding citizens. This sentiment, at face value, seems fair enough; those of us who grew up in America are taught that the United States stands for justice. Justice, to many, means the corresponding legal punishment to those who break the law, and such is what ensued for Mr. Manalastas. However, the unfortunate events which have transpired for the Manalastas family, including the public's reaction to their situation, show that despite the fact that this country was founded on immigrant toil, there is still a dangerous, however latent, sense of self-righteousness which pervades our society, a sanctimonious perversion of the ideals of this country, which many people who hold such beliefs claim to love and defend. Although these people are correct in assuming that the United States was founded on a profound respect for the letter of the law, they have forgotten that this country was also founded on two other things: reverence for the spirit of the law over the letter, and a deep belief in the rights of all, particularly the downtrodden. These rights are - at the risk of plagiarizing Thomas Jefferson - life, liberty, and the pursuit of happiness. These are basic human rights that transcend the laws of any nation. There is no denying that American immigration procedures - in other words, the letter of the law - are extremely flawed. In fact, it's arguable that our immigration system is a tribute to inefficiency. On one hand, many American citizens point to the case of Mohammed Atta, who obtained a student visa to study at a Florida flight school and was able to come and go from the country as he pleased. For many, it was supposedly "permissive" immigration policies that facilitated the tragic events of September 11th. Thus, understandably, there has been a major outcry for increased restriction on immigration. When the safety of the country is in question, one can certainly comprehend such an outburst of fear among the American public. On the other hand, this outcry for more stringent laws, and the obsession with following the existing laws to the letter, ensures that the plight of the immigrant is rarely heard. Thousands of Filipinos, Chinese, Mexicans, and Middle Easterners wait ten or even twenty years just to get their visas approved. The United States Visa Bulletin states that this year, the INS is currently reviewing visa applications from the Philippines sent during and before November 1st, 1989. This is assuming, however, that the individual is in the "first category" - that is, they are unmarried sons and daughters being sponsored by their parents. For individuals who are being sponsored by siblings, the INS has not even reached the applications for 1982! INS officials are undoubtedly overworked, since one can imagine the sheer number of people who want to come to this country, but clearly, the system is glaringly inefficient if there are still visa applications older than I am which have not yet even been examined, let alone approved. This is why, among the immigrant community, there are overwhelming feelings of impatience, heartbreak, and hopelessness. The prospect of being able to enjoy all the benefits of American citizenship looks bleak when hard-working immigrants across the country have lived and worked for fifteen years in the United States without so much of a word from the INS. Many individuals who arrive here know this. They also know that there are opportunities which exist for them and for their children simply by being American residents, whether they are citizens or not - opportunities which do not exist in their country of origin. When their alternative is returning to their home country, the possibility of staying in America - by any means necessary - becomes tempting. Since the American government refuses to relax immigration policies, there is no other way to escape one's impoverished situation than by subverting those policies. The Manalastas family may have come - and stayed - here illegally. In this sense, they have broken the letter of the law. The spirit of the United States Constitution, however, upholds their rights and respects their desire to flee the oppressive conditions which they faced in the Philippines and seek them out in America. Considering this, would it be fair to say that they have no respect for the law of the United States? William Manalastas knew that America is a country of great personal freedoms and even greater opportunity. It is precisely because of his respect for this nation that he remained here as long as he did. Such belief in the freedoms and possibilities which America stands for, and such willingness to work as hard as the Manalastas family did while they were here, can only be a good thing for this society. They have broken the letter of the law by staying in America but, while they were here, only made positive contributions to their community with their diligence and perseverance, and in that way, upheld the spirit of the law, and everything else for which this nation stands. It is not some supposed disregard for American law which drives these immigrants to break it, but rather, a desire to exercise the right to seek out a better life for themselves and their children. The preservation of such ideals is the spirit embodied by the laws of America. The thought that many immigrants, including William Manalastas, are deprived of the lives they have built as well as the other opportunities they could have taken advantage of in this country, is a tragedy. The thought that Americans who claim to believe in the opportunity this country represents brand these immigrants - desperate people who sacrificed and worked hard for their families - as criminals, is an injustice. back to thoughts home