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LAW AND SOCIETY

 ​In this section we write about law as a social institution and as a feature of
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​popular culture.  We explore how law affects our lives and those around us.

A Christmas Wish For Jimmy

12/25/2016

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​Everyone has a Christmas wish. In my homeland the Philippines, many people wish to escape the tenacious grasp of poverty, especially once the Christmas celebration begins in September. For many people hindered by poverty and despair, each Christmas season heightens and renews their longing for the day when they will finally lead a better life. My folks often include this wish for prosperity in their Christmas prayer. 
However, for many people in my former neighborhood in the Philippines, the slum, dirt, and scarcity they are familiar with is their everyday reality and no amount of yearning can change that. I recently reflected on this unfortunate truth when an email arrived from a potential client from the Philippines. I'll call him Jimmy. In response to our law firm’s ad on immigration services, Jimmy responded with an email that sarcastically asked, "Why go to America when it's so difficult to get there? Why even try?" My sense from Jimmy's email was that he was perturbed our ad was disseminating false hopes of immigrating to America.
The Difficulties of Immigration
Jimmy may be wondering why advertise immigration services when the chances of getting a US visa is slim. And he's right – obtaining a visa to come to the U. S. is not a cake walk. I know this first hand. During a discussion with a consular officer in Manila several years ago, the officer revealed that the denial rate of tourist visas is up to 70%, because of the overwhelming number of non-immigrants who don’t leave the US when they are supposed to. The estimated number of undocumented immigrants in the United States is now over 11 million. Many of these immigrants were suppose to return, but don’t. Instead, they choose to stay in the U. S. and become illegal immigrants.
“Why Even Try?”
I’ve realized that around this time of year, frustration and even depression can set in for people struggling with poverty. Jimmy's email reflects this same desperation, though I'm intrigued by his question of "why even try?” Does he ask why because he doesn't think he has a chance? Or is it just a fear of failure? A fear of uncertainty? Or maybe Jimmy is one of those people who simply believes that their condition in life is their destiny. And why fight fate? 
Our ad offers a free consultation for anyone interested in immigrating to the US. Naturally, I hoped that people would at least consider a free consultation and we do get inquiries. But Jimmy's email resonates with me because it speaks to the feebleness of the human spirit. We know that the grass is greener on the other side, but out of fear, complacency, or uncertainty, many people refuse to take a peek at the greener grass. For people like Jimmy who have grown accustomed to poverty and hardship, there is no other life but the one they have now. One wonders, how do you begin to break out of poverty if you can't even imagine a life of prosperity?
Poverty in the Philippines
The Philippines is a developing country where almost a third of the population lives below the poverty line. There are many areas in the country where the living conditions are unbearable: many families lack adequate water, housing, and sanitation. One such place is called the "Smokey Mountain," located north of Manila. It's named that because the “Smokey Mountain” is actually a mountain of garbage that emits smoke due to toxic chemical reactions in the garbage. There was a time when about 30,000 people lived there - over 7000 families. Every day, garbage trucks dump their trash and many people, including children, pick through the garbage for recyclables, junk, plastics, collectibles, and anything else they can sell. Unfortunately, my homeland is riddled with scenes like this one.
Some psychologists or self-development guru may label Jimmy’s sentiment – “Why even try?” – as the "scarcity mindset:” when a person internalizes their life's condition and makes it a part of who they are. If you are living in poverty, you begin to see yourself as poor and helpless and you lose the motivation to lift a finger to help yourself. Your world out there is internalized. It becomes you. This mindset is prevalent in my country and even, I would guess, in other parts of the world. The government and its leaders contribute to this problem.
A Tradition of Corruption
In the Philippines, we have chronic graft and corruption in the government. We keep electing politicians who continually rob the country's treasury. We vote political family dynasties into office only to see repeated abuses of power. For instance, the president of the Philippines from 1965 to 1986 was a brutal dictator named Ferdinand Marcos who was accused of looting the Philippine treasury of billions of dollars. For years, he ruled with an iron hand, executing those that opposed him and causing great harm to many families. Recently, his son Ferdinand Jr., referred to as Bongbong, was almost elected Vice President, despite the many accounts that he knew and participated in his father's abuse of power.
But Bongbong and his father aren’t the only corrupt politicians in the Philippines. In 1998, we voted for an actor named Joseph Estrada as President; later, he was found guilty of plunder and corruption and sent to prison. However, Estrada now serves as Mayor of Manila. In 2001 when Estrada was ousted, we voted a politician named Gloria Macapagal-Arroyo to replace him as President. She too was charged with corruption after leaving office and has been detained for years. 
Perhaps the Philippines continues to struggle because, when you surrender to fate, you lose the motivation to improve your life. We fail to learn from history because, like Jimmy says, "why even try?" And now the Philippines has elected President Duterte who is being accused of endorsing the killings of thousands of suspected drug addicts and traffickers. The latest count of extrajudicial killings brings the total to over 5000 deaths.
Christmas Message of Hope
In the Philippines, a nation with close to 80 million devout Catholics, Christmas is the biggest holiday of the year and celebrating Christmas should mean inspiration, hope, change, and improvement. Christmas tells us that life is not stagnant: it is full of hope. Contrary to what Jimmy believes, we should at least give ourselves a chance to improve our lives. Though there are things beyond our control – like being born into poverty – poverty is not in us. So my Christmas wish is for Jimmy to give us a call and let me explain how it is possible to immigrate to America.
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Photo used under Creative Commons from John Brighenti
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