See - Duterte’s EJK supporters violate US immigration laws | INQUIRER.net
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These DHS officials may now inquire of Filipinos visiting the US as tourists or even those applying for permanent residence or for naturalization if they approve of Duterte’s extrajudicial killings as part of his war against drugs and if they were involved in or participated in “any way in the killings.”
Extrajudicial killings may not be prosecuted in the Philippines under Duterte – as proven by the jail cell cold-blooded execution of Leyte Mayor Rolando Espinosa by 24 police officers on November 3 — but they are crimes in the United States and supporting their practice in the Philippines may have severe consequences for Duterte’s supporters in the United States.
Anti-Atrocity Alien Deportation Act
U.S. Immigration and Nationality Act Section 212 lists the “classes of aliens ineligible to receive visas and ineligible for admission” to the United States. Included under subsection E are “participants in Nazi persecutions, genocide or the commission of any act of torture or extrajudicial killing.”
Under this subsection E is: “iii) COMMISSION OF ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS- Any alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of– (I) any act of torture, as defined in section 2340 of title 18, United States Code; or (II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note), is inadmissible.”
This new and expanded definition of “extrajudicial killing” became law in 2004 under Title XII Anti-Atrocity Alien Deportation Act of 2004.
Activists hold a candle light vigil for victims of the extra judicial killings in the drug war of the government in front of a church in Manila on September 16, 2016. The Philippines faced calls September 16 to investigate its firebrand president after a self-confessed hitman alleged Rodrigo Duterte ordered a thousand opponents and suspected criminals murdered when he was a city mayor.
As reported in the Congressional Record of deliberations on this new law, “subsection (a) would add a new clause to Section 8 USC Sec. 1182(a)(3)(E) that would trigger operation of the inadmissibility ground if an alien has “committed, ordered, incited, assisted or otherwise participated in “acts of torture…or extrajudicial killings as defined in the Torture Victim Protection Act.”
“Extrajudicial killing,” as defined by the Torture Victim Protection Act of 1991, “means a deliberate killing without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”
Filipinos in the Philippines who apply online for a tourist visa will be asked on Form DS-160 will be asked if they have ever “committed, ordered, incited, assisted or otherwise participated in “acts of torture…or extrajudicial killings as defined in the Torture Victim Protection Act.” If they truthfully answered that they “assisted” Duterte by enthusiastically supporting his killings, their tourist visa application will likely be rejected.
If they somehow make it to the US, and they divorce their spouse in Las Vegas, and then marry a US citizen who petitions them for a green card, they will have to fill out Form I-485, their Application for Adjustment of Status to the United States. “Part 3 Processing Information” asks on #14 “Have you EVER ordered, incited, called for, committed, helped with, or otherwise do any of the following: a. Acts involving torture or genocide? b. Killing any person?…”
“Helped with” is quite broad and may include enthusiastically endorsing and cheering Duterte’s policy of extrajudicial killings in his war against drugs.
If these pro-Duterte Filipinos somehow acquire their green cards by lying about their support for Duterte’s EJK and they then apply for naturalization as a US citizen, they will have to fill out Form N-400. In it on Part 12 #14, they will be asked: “Were you EVER involved in any way with any of the following: A. Genocide? B. Torture? Killing or trying to kill someone?…”
“Any way” is quite broad and it can certainly be argued that endorsing/cheering Duterte’s “slaughter” of innocents (they are all innocent because they were never even charged with a crime much less convicted of a crime) is a “way” of being involved in the extrajudicial killings of Duterte.
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Read more: https://globalnation.inquirer.net/150954/dutertes-ejk-supporters-violate-us-immigration-laws#ixzz4TRiJAhzy
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