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Opinion

Temporary ban on deployment abroad of healthcare workers

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

As we are all aware, the US is still on a nationwide shutdown with virtually almost all federal and state offices on a slow mode. The USCIS has extended the closing of its offices to May 3 which could still be extended based on how the nation fares against COVID-19. It still accepts the usual petitions and applications but expect delays in adjudication and decisions. The only good thing that came out from this crisis is that the planned increase of USCIS fees hasn’t been implemented yet. I don’t know when it takes effect, but for sure, it won’t be at this time. Imagine a huge blowback if USCIS raises its fees at 20% more when the rest of the world is suffering.

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On another note, I read reports that there were nurses being deplaned from their flights at Ninoy Aquino International Airport as part of the implementation of the POEA Governing Board Resolution No. 9, Series of 2020 imposing a temporary ban on the deployment of Filipino healthcare workers (HCWs) abroad as part of the government's readiness response to the COVID-19 crisis. I believe this is an overreach of the government to issue this ban absent a clear justification in doing so. We can concede that the state can exercise its plenary and inherent police power at this time of national crisis but it must show by clear and convincing reasons the need to do so. Does it have specific plans for these healthcare workers on how they are to be used in the COVID-19 efforts? How many HCWs do we really need vis-a-vis the projected and actual coronavirus cases and how much do we badly need these HCWs covered by the order to fill in any shortage? Mere anticipation of a need while putting them on standby mode is speculative and cannot override these HCW's constitutional rights.

I call on the Philippine Nurses Association to assist these deplaned nurses by helping them challenge such POEA order before the courts. Only an injunction from the court can, in the short term, prevent this regulation from being implemented further. Of course, only the Supreme Court can rule the constitutionality of this order.

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I would like to greet our readers a very hopeful Easter amidst this crisis. The message of triumph of life over death is made ever more relevant now more than any other time. With all the daily news of increasing new cases and rising death rates, and with no apparent cure in sight, hope can easily be a mere expression of aspiration.

Yet, we believe that there is light at the end of the tunnel. Hope is a universal virtue. At this time of seemingly endless bleakness, words of love, hope, and support are the Easter gifts we can give to each other.

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HEALTHCARE WORKERS

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