What happens if you get arrested by the Bureau of Immigration

With the viral arrest of Dr. Patrick Ndukwuegbulam Obison after a shouting match with a local woman at a mall in Angeles City, I thought it'd be a good time to talk about what rights foreigners have when detained by the Bureau of Immigration (BI).

On paper:

The Supreme Court has ruled that foreigners do have a right to due process in deportation cases. In Qua Chee Gan v. Deportation Board (G.R. No. L-10280, September 30, 1963), the Court held that a foreigner must be told the charges, given time to prepare a defense, and allowed to be heard, either personally or through a lawyer. The BI's Board of Commissioners has to give you that hearing before issuing a deportation order. That's due process.

In real life:

Once you're arrested, you rot in the 'Manila Hilton.' The BI detention facility in Bicutan was built to hold a little over 100 people. In 2023, then-Commissioner Norman Tansingco said it was holding 276.

Foreigners charged with a crime can get bail just like Filipinos. But BI detention isn't a criminal case, so that right doesn't apply. In Harvey v. Defensor-Santiago (G.R. No. 82544, June 28, 1988), the Supreme Court ruled that deportation is an administrative process, not a criminal one, and that bail is at the Commissioner's discretion, not a right. That means foreigners can rot in detention for months waiting for their hearing. Meanwhile, if you stop paying rent, your landlord can come after you and your belongings for what you owe. Honestly, I get cranky after just a few hours without air con, so that alone is reason enough for me to behave.

The 'undesirable alien' rule gives the BI very broad discretion to remove a foreigner. So even if you put up a defense that would win in any court, the BI doesn't need a criminal conviction. If they decide they'd rather not have you around, that meets the legal bar for removal.

If the BI ever issued a mission order against me, I'd probably ask for voluntary departure rather than sit in Bicutan. Just know that it usually still means getting blacklisted. If you have strong ties here, I strongly recommend hiring a competent immigration lawyer. Fees vary a lot, so get quotes from a few. Even with a good lawyer, don't expect your case to be resolved quickly.

The part that stings is that if this had been between two Filipinos, it would have just ended at a barangay hall settlement with an apology and maybe a small sum of money changing hands. Unfortunately for Mr. Obison, even if he eventually wins his case, he'll wish he'd never gotten into that argument.