Filipino nurse assistant in ICE detention deported

Photo from Dhenmark Francisco/Facebook

NEW YORK — Dhenmark Francisco, a Filipino nurse assistant detained in the United States, has been released from Immigration and Customs Enforcement (ICE) custody and has self-deported back to the Philippines, according to the Philippine Consulate General in New York.

This development comes amid ongoing controversy and protests from migrant advocacy groups regarding the treatment of Filipino nationals in ICE detention.

“While the so-called migrant advocacy groups were staging a protest in front of the Consulate, Mr. Dhenmark Francisco was aboard a plane on his way back to Manila as a result of the Consulate’s regular and repeated coordination with ICE Boston,” the Consulate said in a statement sent to Inquirer.net USA.

Francisco, 28, was among two Filipino nursing aides charged with aggravated assault following an incident at the Crystal Lake Rehabilitation Facility in Berkeley Township, New Jersey, on Oct. 14 last year.

According to the Ocean County Prosecutor’s Office, Francisco and Jovi Esperanza, 31, were identified as responsible for an altercation with a 52-year-old male patient, who was left in critical condition.

Authorities reported that Francisco was apprehended at the facility, while Esperanza surrendered to police. Both were initially held at Ocean County Jail, with the patient transferred to Robert Wood Johnson University Medical Center.

Francisco and Esperanza claimed they acted in self-defense, asserting that the patient became aggressive after being reprimanded for smoking and attacked them first.

Their supporters, including Tanggol Migrante, argued that racial bias and workplace discrimination played a role in the incident and their subsequent detention. 

Following their arrests, Francisco was taken into ICE custody due to his immigration status. He held a work permit, while Esperanza, who was undocumented, remained in detention. Esperanza chose voluntary deportation and returned to the Philippines in late January this year after nearly three months in custody.

Francisco, however, remained in ICE detention for the next seven months until his deportation was confirmed earlier this week.

The Philippine government, through the Philippine Consulate General in New York, provided legal assistance to both individuals. The Consulate approved $10,000 from the Department of Foreign Affairs’ Legal Assistance Fund to help cover their legal expenses.

Vice Consul Paolo Mapula told TheFilAm.net that disbursing the funds was subject to strict government rules. “We called the meeting to look for a way to disburse the check for $10,000 taken from the Legal Assistance Fund of the DFA…but we cannot disburse it to anybody other than the beneficiaries for obvious government auditing reasons.”

Department of Foreign Affairs Undersecretary Eduardo de Vega clarified that the funds could not be released to Francisco while he was in custody, noting, “The DFA disbursed cash from the Legal Assistance Fund for incurred and anticipated legal expenses for the criminal case. However, since he was already in custody, the amount could not be released to him.”

Despite these efforts, advocacy groups, including Migrante New Jersey and Tanggol Migrante, criticized the Philippine government for delays and alleged inaction. They argued that the funds should have been released directly to the families or supporters of Francisco and Esperanza, and accused the Consulate of neglecting Filipino migrants in distress.

After Esperanza was deported, he publicly expressed disappointment, telling Tanggol Migrante, “Throughout the entire removal process, the Philippine consulate never lifted a finger.”

The Philippine Embassy and consulates responded to these criticisms, emphasizing their ongoing efforts to assist detained Filipino nationals.

“The Philippine Embassy and Consulates General have been extending appropriate consular assistance to detained Filipino nationals to ensure they are being treated according to the law and that their well-being is protected,” they said in a statement.

The Philippine Consulate General in New York confirmed to Inquirer.net USA that Francisco’s return to the Philippines was the result of coordinated efforts with US immigration authorities, and stressed their ongoing commitment to protecting Filipino workers abroad.

Regarding Tanggol Migrante’s claim that Francisco only received $200 of the $10,000 ATN funds promised by the Consulate, officials clarified that the funds intended for distressed Filipino nationals – who, while detained, were unable to access them – are managed differently. 

“The funds these groups were after were intended for distressed Filipino nationals who, while detained, were unable to receive the funds themselves,” according to the statement from the Consulate. “Since the authority to disburse the funds rests with the Department of Foreign Affairs, pursuant to existing Philippine regulations, the concerned Filipinos can now deal directly with the Department of Foreign Affairs as they are now both in the Philippines.”

The Consul General, the statement affirmed, has consistently maintained an open line of communication with Filipino community leaders “willing to engage in genuine and meaningful dialogue.”

The Consulate said it considers its mandate to protect the welfare of Filipino nationals within its jurisdiction “a sacred responsibility” and that it “works quietly, steadily and effectively – away from the glare of curious eyes.”