A Black List Order, according to the Bureau of Immigration, forbids a foreigner from entering the Philippines. Foreigners who are seen as risks or burdens to the country are deported, if already within the Philippines, and blacklisted if they are not. All deported foreigners are automatically blacklisted.
Foreigners who may be unaware of their inclusion in the black list will be denied entry into the country upon their arrival.
Here are the reasons for a foreign national being blacklisted in the Philippines:
Being an “undesirable alien”
Sec. 28 of The Philippine Immigration Law of 1940, lists those who are blacklisted from entering the country. This includes the insane, the mentally or physically disabled, the illiterate (unless they are directly related to a Philippine citizen), parentless children who are below fifteen years of age, and beggars and the homeless.
Unskilled or manual labor migrant workers are also blacklisted, unless, pursuant with Sec. 20 of the same law, their prearranged employment has been approved and they have the accompanying documents to prove this.
Family members accompanying a banned foreigner are also blacklisted. The reasoning behind this is that it is assumed that these people are likely to become a public charge of the State, meaning they will become a burden to the Philippines as the government will have to care for them.
In fact, Sec. 45 allows the Commissioner of Immigration to deport and subsequently blacklist poverty-stricken foreigners who require aid from the government to subsist.
Being a threat to public safety
Foreigners who endanger the well-being of the Philippines and its citizens, such as foreign nationals with dangerous and contagious diseases, are also blacklisted. Subversives, anarchists, and foreigners affiliated with groups that support overthrowing the government are blacklisted as well.
Memorandum Order No. ADD-01-005 also lists those who disrespect symbols of Philippine authority, such as immigration officials, as grounds for being blacklisted from the country, in the interest of public safety. Administrative Circular No. SBM-2014-001 adds foreigners that act drunk and disorderly at the port of entry.
Violations of Philippine Law
Not abiding by Philippine Immigration Law, whether by being improperly documented or by overstaying, will result in getting blacklisted. Foreigners who have tried to circumvent immigration laws by lying to enter the country and bypassing or refusing proper inspection and admission procedures are blacklisted too.
Foreigners who have committed criminal acts are likewise blacklisted. This includes prostitutes, human traffickers, drug dealers and addicts, sex offenders, kidnappers, polygamists, robbers, murders, arsonists, tax evaders, and anyone who has committed a crime involving moral turpitude.
Black-market merchants and profiteers will also be blacklisted, unless they have resided in the Philippines for ten years or married a citizen before committing the crime.
To learn more about Philippine immigration laws, contact Duran &Duran-Schulze Law at info@duranschulze.com or (+632) 478 5826.
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