Great News..... Re-posting:
Trafficked Survivor Granted T-visa, Removal Proceedings Terminated
Posted by Jun on Wednesday, October 17, 2012
FOR IMMEDIATE RELEASE
17 October 2012
Reference:
Zarah Vinola, National Alliance for FIlipino Concerns (NAFCON) U.S. North East
Publicity Committee Head, ne@nafconusa.org
Trafficked Survivor Granted T-visa, Removal Proceedings Terminated:
Another Victory in the Struggle of Filipino Migrants in the U.S.
NEW
YORK — Jacqueline Aguirre, one of the trafficked workers who came out
into the open in 2009, has been granted her T-visa (T-Nonimmigrant
Classification) by the United States Citizenship and Immigration
Services (USCIS) Department of Homeland Security.
The T-visa granted to Aguirre is valid for a period of 4 years,
starting September 21, 2012 to September 20, 2016. She is now authorized
to work in the United States within the validity period. In relation to
this, Aguirre’s removal proceedings had also been terminated by the
immigration judge on October 11, 2012.
“I am so happy. This is a proof that victories can be achieved if we
fight for it. I spoke up against the injustice done to me, so other
people heard and helped me through this ordeal. I know I did not do
anything wrong and that gave me the strength and confidence to speak out
and fight for my rights,” Aguirre said.
The National Alliance for Filipino Concerns (NAFCON), with its member
organizations in the North East, has helped in introducing Aguirre’s
case to the community as part of its Stop Trafficking Our People (STOP)
Campaign in December 2010, along with the case of Leticia Moratal, who
has also been granted the T-visa early this year.
“We admire the courage of trafficked survivors, such as Ms.
Aguirre’s, to stand up for their rights. Ms. Aguirre’s experience is one
of the inspirations for many of our other kababayans who have been
trafficked to the United States and an eye-opener for the community that
these kinds of abuses also happen even in the land of milk and honey,”
said Michelle Saulon, NAFCON North East Coordinator.
Aguirre’s Case: An Ugly Truth to Filipino Migrants’ Situation in the U.S.
Based from the lawsuit pending in the Eastern District Court of New
York, Aguirre worked as a staff accountant in Best Care Agency owned by
Dorothy de Castro and Perlita Jordan in Floral Park, New York starting
in 2001. The agency promised to sponsor her as an H-1B worker and to
pay her initially at the rate of $19 per hour for a regular 40-hour work
week.
After her H-1B petition was approved, Aguirre was not paid the
prevailing wage rate or the offered wage. Her compensation was cut in
half. The agency then represented to her that she would receive the
prevailing wage rate once she received her green card, which they
likewise promised they would initiate. She was told that if she did not
agree to receive the less pay, they would discontinue their H-1B
sponsorship and she would become unlawfully present and could be
deported. Not wanting to be deported, Aguirre begrudingly accepted the
agency’s conditions, and hoped that her green card sponsorship would be
approved soon, as her employers kept on reminding her they had the
financial capability to sponsor her immigrant petition.
Even while her green card application was pending, Aguirre demanded
that she be paid the prevailing wage rate. Her employers told her to
wait for her green card approval. In April 2009, the USCIS denied Best
Care Agency’s immigrant petition in Aguirre’s behalf as Best Care failed
to submit sufficient evidence to convince the USCIS it had the
financial capability to pay Aguirre the offered wage. Best Care had
fraudulently represented to Aguirre it had the financial capability so
that it could continue to have her work for less pay. As a result of
Best Care’s financial incapability, Aguirre’s adjustment or green card
application was likewise denied, and she was put in removal proceedings.
“Aside from applying for T-visa, we also filed a federal complaint
against Aguirre’s former employers for violating the Trafficking Victims
Protection Reauthorization Act (TVPRA), forced labor, involuntary
servitude, fraudulent inducement and negligent misrepresentation. We
are seeking compensatory damages by way of overdue wage adjustments
worth at least $300,000, plus moral damages related to the abuse of
Aguirre by her employers, as well as the suffering she had to undergo
for having been put in removal proceedings” says Atty. Felix Vinluan,
the immigration and civil rights lawyer, whose Foundation for
Immigration and Employment Rights Advocacy handled Aguirre’s case.
Atty. Vinluan has also taken on other cases in court against human and labor trafficking of Filipinos in the U.S. East Coast. “This has been a roller-coaster ride for Ms. Aguirre and the fight is
not over yet, so she would need all the community support that she can
get. There are also many more like Ms. Aguirre out there who need to be
empowered to speak against these kinds of injustices and let them know
that they have rights as im/migrants, documented or undocumented alike,”
continued Saulon.
Trafficked Survivors with Community Rise Up!
“Acquiring the T-visa is just one of the many victories of the
community that we will achieve in our campaign against labor and human
trafficking. We have a lot more victories to look forward to. We will
continuously fight and hold actions — whether be it in the streets or
through cultural activities and educational discussions — against the
Philippine government’s continuous implementation of the Labor Export
Policy (LEP),” said Jonna Baldres, NAFCON Deputy General Secretary.
NAFCON believes that the LEP, a policy which sends our kababayans
away from the homeland to work abroad, makes the Filipino migrants prone
to abuses by employers. The migrant sector has also been a powerful
force for decades and has become a main source of the country’s wealth
through remittances. NAFCON believes, however, that keeping the migrants
under the system of forced migration is still not the solution to the
country’s economic problems.
“We must continue to demand for the Philippine government to create
jobs in the motherland and address the basic needs and issues of the
people — such as national industrialization and genuine agrarian reform —
for the people to not leave and seek work abroad. Our kababayans do not
deserve to undergo these abuses under the unjust system of forced
migration,” Baldres continued.
Aguirre, along with other trafficked survivors, have joined actions,
spoke in forums, and tirelessly called for a STOP to Human and Labor
Trafficking, making the issue more widely known to the Filipino
community not only in the United States but also in the Philippines, and
also generating more consciousness and awareness on how to fight
against it.
NAFCON and its member organizations nationwide have also helped in
rallying the community to garner support for the cases of Elma
Manliguez, Leticia Moratal, Sentosa 27++, Florida 15, Arizona 34, Adman
11 and many more who have been trafficked into the U.S. as early as year
2000.
“The collective efforts of Ms. Aguirre, other trafficked survivors
and the community — from the church members to community grassroots
organizations who support her fight — will never go to waste. Every step
is a victory towards achieving justice and a better Philippines for all
migrants and all our loved ones back home,” Baldres ended.
For those interested to take part in the Stop Trafficking Our People
(STOP) Campaign, or get updated on recent and upcoming activities
organized by the STOP Task Force, please email Michelle Saulon at
ne@nafconusa.org or Yves Nibungco at yvesnibungco@gmail.com. ###
Jacqueline Aguirre, trafficked survivor, with the National Alliance
for Filipino Concerns (NAFCON) calling to Stop Trafficking Our People (STOP)
at the Philippine Independence Day Celebration in Manhattan, June 2011
Jacqueline Aguirre, trafficked survivor, speaking at a Stop Trafficking
Our People (STOP) Campaign Forum attended by members of the Filipino and
non-Filipino communities in New York University organized by the
National Alliance for Filipino Concerns (NAFCON), June 2012
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The National Alliance for Filipino Concerns [NAFCON] is a national
multi-issue alliance of Filipino organizations and individuals in the
United States serving to protect the rights and welfare of Filipinos by
fighting for social, economic, and racial justice and equality. It was
launched in San Jose California in 2003. At present, NAFCON members
encompass over 23 cities in the United States. For more information on
NAFCON, please visit: http://nafconusa.org