Asylum one of Garma’s options after US arrest
The Department of Foreign Affairs (DFA) said on Wednesday that it was coordinating with US authorities regarding the arrest of former police official and drug war witness Royina Garma last week.
“The Department, through the Philippine Consulate General in San Francisco, is continuously coordinating with US authorities regarding the reported arrest and detention of Ms. Royina Garma and [daughter] Ms. Angelica Vilela who are currently under the custody of the United States Customs and Border Protection in San Francisco, California,” DFA spokesperson Maria Teresita Daza said in a statement.
“The Philippine Consulate General in San Francisco stands ready to extend appropriate assistance to Filipino nationals within its consular jurisdiction, in accordance with existing rules and regulations,” Daza added.
The Inquirer reached out to the US Embassy in Manila on Wednesday to ask on what grounds Garma and her daughter were arrested but it said it had no information on the matter.
Interior Secretary Jonvic Remulla earlier said that Garma and Vilela, who were taken into custody on Nov. 7, were marked out by the US Immigration and Naturalization Service after it was determined that the US visa of the former official of the Philippine Charity Sweepstakes Office had been canceled.
In her appearance before the House quad committee, which is looking into extrajudicial killings under the previous administration, Garma revealed the existence of a reward system that was put in place by former President Rodrigo Duterte himself for the killing of drug suspects.
An immigration lawyer in Los Angeles, California, meanwhile, said that Garma may apply for asylum in the United States.
According to Washington D.C.-based immigration lawyer Arnedo Valera, who has handled asylum cases for former Philippine government officials, Garma was probably undergoing “either an expedited removal or administrative removal proceedings.”
Expedited removal proceedings
Should US Customs and Border Protection (CBP) officers determine that she was inadmissible due to the visa cancellation and there were no valid claims for admission, they could place her in expedited removal proceedings, he said.
“This is a streamlined process applied to certain inadmissible noncitizens at ports of entry, primarily for those who have no valid visa or have misrepresented information,” Valera said.
“Expedited removal allows for quick removal without going before an immigration judge,” he added.
During this time, Garma may have been detained temporarily while CBP officers verified her documents, reviewed her case and made their final determination.
“If she has grounds to contest removal by making an asylum claim, she could request a credible fear interview, which would place her on a different track,” Valera said.
An expedited removal order results in a record of removal, potentially barring reentry to the United States for five years or longer, depending on the circumstances.
Available choices
Garma may decide to sign a request for expedited removal or she may apply for asylum, Valera said.
The right to apply for asylum upon arrival at a US port of entry is established under Section 208 of the Immigration and Nationality Act, codified as 8 U.S.C. § 1158.
This law establishes that any individual physically present in the United States or arriving at the border has the right to apply for asylum regardless of their immigration status or point of entry.
