honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser

Posted on: Wednesday, July 18, 2001

Editorial
Chai case spotlights outdated INS rules

The imminent deportation of popular Honolulu chef and restaurateur Chai Chaowasaree serves to underscore the inflexibility and inappropriateness of the rules that apply to immigrants to the United States — particularly the landmark Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

A side-effect of this arguably well-intended law was to virtually wipe out any discretionary powers to immigration officials or the courts when it comes to enforcing the law.

This is particularly harmful in Hawai'i, a state that has traditionally depended on immigrants for its vitality and success. A good example is Chai, a 38-year-old Thailand native who has added much to the Honolulu restaurant scene.

If you assume, as we do, that Chai is a desirable asset to this city, then the following occurrences in his case underline the problems with our outdated and at times xenophobic immigration law:

• He is charged with a 1986 "sham" marriage to a U.S. citizen to get his green card. Why should any desirable immigrant feel the need to marry in order to immigrate?

• The not very compassionate reason for his deportation is that he visited his sick father in Thailand while his case was under appeal.

• On his return from Thailand, he was imprisoned pending his appeal.

In a more flexible, fair and sympathetic system, the complaints against him could be balanced against Chai's well-documented history of good works and financial success. But under the current law, such a balancing test is impossible.

Hawai'i's members of Congress must make reform of this law a top priority.