INQUIRER Global Nation

ROLANDO migrated to the United States with his family when he was three years old. His parents struggled to make both ends meet in order to send Rolando and his siblings to school.

When Rolando turned 18, he started using illegal drugs. He was arrested by the police during a drug bust and was charged with possession and use of illegal drugs. After serving his sentence, the Immigration and Customs Enforcement agents detained him and put him through deportation proceedings because of his drug conviction. Rolando?s parents decided to take him back to the Philippines and did not contest the deportation order.

Rolando is the only family member who is now residing in the Philippines. All his siblings are in the United States while he lives with his cousins in his mother?s home province. He is now fully rehabilitated and wants to return to the US to start a new life. His US citizen sweetheart, a former classmate in high school, is petitioning the US government to give him a fiancé visa so they can get married in the US.

Unfortunately, Rolando was told that he can no longer return to the US using his green card because of his drug conviction. He is now at a loss and is resentful of having accepted the order of removal.

Is he really barred from returning to the US for life?

Drug abuse

The Immigration and Nationality Act clearly bars a drug abuser or addict from receiving an immigrant or non-immigration visa in line with the country?s Controlled Substances Act.

The usual waivers available to those who are otherwise inadmissible for certain crimes are not available to drug abusers, except for those who can prove that they only used ?marijuana? once, and in an amount under 30 grams or less than an ounce.

For those who have honestly admitted to taking a controlled substance, the consequence of being barred for life from entering the US is indeed not commensurate to the act of taking the drug, especially if this happened many years back.

Flexibility needed

The case of Rolando is different. His drug conviction is reflected in his records. Since there is zero tolerance on drug use as far as immigration policy is concerned, Rolando is barred from ever returning to the US.

It is interesting to note that despite the fact that he migrated to the US, he did not become a naturalized US citizen. Before he turned 18, Rolando?s parents became naturalized citizens and they could have filed a citizenship application for Rolando. Their failure to do so when Rolando was below 18 years old made Rolando vulnerable to removal proceedings. Had he been a US citizen, he would still be in the US despite his illegal drug conviction.

Change in policy

The US Federal Bureau of Investigation now accepts applicants who had in the past admitted to taking drugs if they can show they are otherwise competent for sensitive positions. Although many employers still take past drug use into account in hiring employees, a number of federal agencies like the FBI reject the zero-tolerance policy. Even elected officials, President Bush and Obama included, have admitted drug use and experimentation in their younger days. If flexibility on past drug use is already being exercised by other federal agencies, why can?t the immigration policy likewise be changed?

Past drug use, especially for those rehabilitated, should not have lifetime consequences. Everyone deserves a second chance.