Atty. Teodoro “Ted” Laguatan — recognized by the California State Bar as an expert specialist in immigration law and who has been practicing continuously for 20 years — said, “Do not panic. Stay where you are.”
Laguatan said, “Don’t go home. There are defenses and relief available.”
The California-based immigration lawyer who once served for the San Francisco Neighborhood Legal Assistance Foundation said all workers in the CNMI are now part of America.
“The immigration law of the U.S. became applicable on Nov. 28, 2009. Therefore, all of you have constitutional rights. You cannot just be removed from the American territory without a hearing before an immigration judge,” Laguatan said.
He told listeners tuned in to KWAW radio station on Saturday morning that all defenses and reliefs can be presented before an immigration judge.
He said, “You can’t just be apprehended, put aboard a plane and sent home. That would be unconstitutional.”
He said he realizes the magnitude of the problems and surely enough there are possible solutions. “That’s the reason I am here — to provide you information and answer whatever questions you have.”
For Laguatan, there is a relief called cancelation of removal.
He said an immigration court judge provides this relief. This is submitted to court if someone is arrested.
But, he said, it is also possible to submit the cancelation of removal prior to proceedings.
He also assured the listeners that Department of Homeland Security has made it clear that non-criminal cases are the least of the agency’s priorities.
He said as he understood it US immigration law only became applicable in the CNMI in Nov. 2009, and as such, “with all due respect to” the lawyers here, their knowledge of the law may not be as acute as those who have been handling immigration cases for a long time.
Asked by Variety if he were willing to represent nonresidents of the CNMI, he said, “Of course we are ready to help.”
However, he pointed out the plurality of cases that a lawyer has to deal with in the CNMI.
“There are so many cases there. We have to look at the reality of the situation,” he said.
He said there has to be a sustainable legal defense for the workers.
Faced with the myriad immigration cases of his “kababayans,” Laguatan said he is willing to help on a semi- pro bono basis.
“It’s impossible to have a pro-bono case,” he admitted saying one lawyer cannot handle all the cases.
He said it requires setting up an office on Saipan, staffing, training staff, among other operational necessities.
“It needs a team to do all these.”
He also said the workers may be asked to pay a little bit but not as much as fees paid on the mainland but up to the extent that it can be reduced to be able to really help.
“We deal with realities. Even the Philippine government lacks the funds,” said Laguatan adding that Manila may still look for funding.
He said, “Those who will be benefited also have to help. It is really difficult to sustain a purely pro bono case. A well-meaning, very competent lawyer maybe willing to help but how many cases can he handle? Probably up to three.”
Asked on how much the fees would be, he said, “We have to figure that out based on a lot of factors. Different cases require different relief,” he said.
He also added, “You have to study what’s the just fees to be charged that’s affordable to the worker.”
Variety learned that Laguatan may visit Saipan next month.
Asked if he recommends the other nonresidents to join the lawsuit filed in the District Court for the NMI asking the court to halt the implementation of the transitional worker regulations, and seeking for injunctive and declaratory relief, Laguatan said, “It doesn’t harm to file a petition for injunctive relief. If granted, then it’s excellent.”
He shared his thoughts on the case, “The court will do a balancing decision here. The court will see if it is justified to stop the enforcement.”
He, however, said it is uncertain as to the outcome of the lawsuit.
“The idea is to keep and prevent these workers from being removed. That is a very long process. If they know their rights and if there is a proper lawyer representing them, they cannot be deported. Everybody is entitled to a hearing before an immigration judge as a matter of constitutional right before that person can be removed.”
He, however, expressed optimism that a political solution may be attained in the future that will grant improved status to nonresidents.
But for now, he just wants to help his “kababayans’ and those who are similarly situated.
“I didn’t become a lawyer for money but for other things. The way I see it — who else can help them? But it has to be done in an intelligent, prudent way to sustain that legal assistance,” he added.
He told listeners of the radio program that U.S. Pinoys for Good Governance has already requested DHS Secretary Janet Napolitano to grant deferred status.
Laguatan said Napolitano has the power not to enforce U.S. immigration law on humanitarian grounds.
Morton memorandum
The memorandum circulated by ICE Director John Morton in June 2010 for all agencies to exercise prosecutorial discretion was brought up during the discussion with Laguatan.
He said this becomes applicable during a hearing before an immigration judge where a lawyer can invoke the Morton memorandum, that the person has certain equities — has relatives who are U.S. citizens or permanent residents, or in the military, or is the primary caregiver of a person with disability, among others.
