Washington International Law Journal


Joseph M. Ahern


In 1982 the United States Congress passed the Amerasian Immigration Act, 8 U.S.C. section 1154(f). The 1982 Act provides preferential immigration status to children in Asia fathered by U.S. service personnel in Korea, Vietnam, Laos, Kampuchea, and Thailand. Congress passed the 1982 Act because of the poor economic and social conditions experienced by Amerasians in their homelands. The 1982 Act, however, excludes Amerasian children from the Philippines. Equity dictates that if Congress provides preferential immigration status to one group it should grant those same rights to groups who are similarly situated. Amerasians in the Philippines experience similar economic deprivation and social discrimination as those Amerasians provided for under the 1982 Act. This Comment argues that Congress should amend the Immigration and Nationality Act and grant Filipino-Amerasians preferential immigration status under their own Filipino-Amerasian Immigration Act. This Comment also asserts that critical changes must be made to the regulations promulgated by the Immigration and Naturalization Service in order to streamline Amerasian immigration.

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