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E-mailThe complainants argued that it violated the equal protection clause of the US Constitution and deprives Filipino veterans of the benefits their American counterparts enjoy.
"If you are recognized as a war veteran, then you should be accorded benefits like any other war veteran," said attorney Arnedo Valera, the counsel of the complainants.
The filing was marked by a rally of Filipino veterans and widows in front of the San Francisco federal courthouse.
Widows have also joined the cause, with the class suit arguing that it further discriminates by excluding veterans who died before the passage of the ARRA.
The class suit read, “Their deaths cannot erase the fact the fact that they have already rendered active military service and have suffered as a result thereof. They should, therefore, be eligible to claim benefits through their widows as their heirs and representatives.”
Quintana Pullan, 87, widowed in 2006 said, “We really need help now. Life is so hard here. If we go home to the Philippines, life will be even harder. So we really wish they would give us something too.” She has been living on food stamps and welfare programs to survive.
Vetean Vincent Rivera further asserted, “The lump sum is not enough for the years that we sacrificed. We waited more than 60 years for our benefits and the US government continues to deny us what we deserve.”
The veterans and widows also asked the US court to allow new applicants for benefits because of the unreliable records attributed to a 1973 fire in Missouri that is said to have razed millions of military records. A number of Filipino war veterans were turned down because of alleged mismatch in names.
Reports say around 250,000 Filipinos fought with American troops during the World War II. According to a statement released by Veterans Affairs spokesperson Susan Fishbein, they cannot comment on the litigation but their department had already paid out more than USD200 million (P8.69 billion) to around 17,000 Filipino veterans and widows.
The ARRA has allotted USD787 billion (P34.19 trillion) for the payment of lump sum benefits for war veterans.
Groups involved in the lawsuit include Justice for Filipino-American Veterans (JFAV), Association of Widows, Advocates and Relatives for Equality, Migrant Heritage Commission, Veterans for Peace, American Legions, Act Now to Stop War and End Racism , Filipino Lawyers Organization of Washington and Washington State WW II Veterans and Widows.
Other veterans are also planning to simultaneously file cases in the states of Washington and Virginia. Those who wish to take part in the lawsuits can call JFAV California offices at +1 (213) 241-0995, +1 (213) 241-0995, +1 (650) 731-4556 or +1 (650) 731-4556.
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