How to Remove Your Name from the Bureau of Immigration Travelers List

Disclaimer: The following article is provided for general informational purposes only and does not constitute legal advice. Immigration and legal procedures can be complex, and individual circumstances may vary. If you require assistance, you should consult an attorney or the appropriate government agency.


Overview

In the Philippines, what people often refer to as the “Bureau of Immigration (BI) Travelers List” generally involves several distinct mechanisms by which an individual’s travel can be restricted or monitored. While there is no single “Travelers List” maintained by the Bureau of Immigration under that exact name, Filipinos and foreign nationals may be subject to:

  1. Hold Departure Orders (HDO)
  2. Watchlist Orders (WLO) / Immigration Lookout Bulletin Orders (ILBO)
  3. Blacklist Orders

Each of these mechanisms stems from different legal authorities and has different procedures for inclusion and removal. Below is a comprehensive discussion of these lists and how you might remove your name from them, should you find yourself restricted from leaving or entering the Philippines.


1. Hold Departure Orders (HDO)

1.1. What is a Hold Departure Order?

A Hold Departure Order is an order issued by a Regional Trial Court (RTC) in a criminal case. It prevents an accused individual from leaving the Philippines during the pendency of a case, or in some instances, even after conviction, until certain conditions are fulfilled.

1.2. Legal Basis

  • Rule 114 of the Rules of Court (particularly addressing bail and travel restrictions).
  • DOJ Circulars guiding the actions of the Bureau of Immigration upon receipt of a Hold Departure Order from a court.

1.3. Who Can Issue It?

  • Generally, only a Regional Trial Court judge hearing a criminal case can issue an HDO.

1.4. Removal Process

If your name is subject to an HDO, you must:

  1. Settle Pending Criminal Charges: Ensure the underlying case is resolved—through acquittal, dismissal, or other final resolution.
  2. Obtain Court Clearance/Order Lifting HDO: File a motion in the same RTC that issued the HDO. Demonstrate to the court that the basis for the HDO no longer exists (e.g., the case has been dismissed or decided).
  3. Court Issuance of an Order Lifting the HDO: Once the court is satisfied, it will issue an order directing the Bureau of Immigration to lift the HDO.
  4. Notify the Bureau of Immigration: The court typically notifies the BI, but it is prudent to follow up and ensure that the BI updates its records.
  5. Obtain a Certified Copy: Keep a certified true copy of the court’s order lifting the HDO to present at the airport, if necessary.

2. Watchlist Orders (WLO) and Immigration Lookout Bulletin Orders (ILBO)

2.1. What Are WLO and ILBO?

  • A Watchlist Order (WLO) or the newer Immigration Lookout Bulletin Order (ILBO) is issued by the Department of Justice (DOJ).
  • These orders do not categorically prohibit you from leaving the country but subject you to stricter immigration checks. If flagged, immigration officers may require additional documentation or clearance before allowing you to depart.

2.2. Legal Basis

  • Department Circulars by the DOJ (e.g., DOJ Circular No. 41, s. 2010, and subsequent clarifications).
  • Relevant rulings of the Supreme Court have clarified that a WLO or ILBO is primarily for monitoring and does not have the same effect as a court-issued Hold Departure Order.

2.3. Who Can Request or Issue WLO/ILBO?

  • The Secretary of Justice can issue a WLO or ILBO upon request by:
    • Law enforcement agencies
    • Other government agencies investigating a possible crime
    • Private complainants (in certain cases, upon the DOJ’s discretion)

2.4. Removal Process

  1. Identify the Basis: Determine which agency or complainant requested the WLO or ILBO.
  2. Coordinate with the DOJ: Submit a letter or petition to the DOJ, requesting the cancellation or lifting of the WLO/ILBO, accompanied by supporting documents (e.g., proof of case dismissal, affidavits of desistance, or other evidence that the grounds for the watchlist order no longer apply).
  3. DOJ Evaluation: The DOJ reviews your request. If they find the basis for the WLO/ILBO has ceased to exist or is no longer warranted, they will issue a resolution lifting the order.
  4. Notification to BI: The DOJ notifies the Bureau of Immigration to update its records. Follow up at the BI to confirm that the order has been lifted.

3. Blacklist Orders

3.1. What is a Blacklist Order?

  • A blacklist order usually applies to foreign nationals who have violated Philippine immigration laws (e.g., overstaying, involvement in criminal activities, or deportation cases).
  • Once blacklisted, the individual is prohibited from entering the Philippines.

3.2. Legal Basis

  • Commonwealth Act No. 613 (The Philippine Immigration Act of 1940), along with BI Memorandum Orders detailing grounds for deportation and blacklist.

3.3. Issuing Authority

  • The Commissioner of Immigration has the authority to issue blacklist orders, often upon the recommendation of BI personnel who process immigration violations.

3.4. Removal Process

  1. Determine the Reason for Blacklisting: Find out the specific violation or case number, if any, and the date the blacklist order was issued.
  2. File a Motion for Lifting the Blacklist Order: Submit this motion to the Office of the Commissioner of Immigration. Provide documentary evidence showing reasons for reconsideration—this may include:
    • Proof of cleared overstaying penalties
    • Court documents proving dismissal of criminal charges
    • Evidence of good conduct or rehabilitation, etc.
  3. Payment of Fees/Penalties: If applicable, settle any fines or penalties, such as overstaying fees.
  4. BI Evaluation: The BI’s Legal Division reviews your motion. They may schedule a hearing or request additional documents.
  5. Issuance of an Order Lifting the Blacklist: If the BI approves, the Commissioner issues an order instructing immigration officers to remove your name from the blacklist.
  6. Confirm Removal: Check with BI’s records or request a Certification that you are no longer in the blacklist.

4. Practical Considerations

  1. Seek Legal Counsel

    • Because these processes involve legal and administrative steps, it is often prudent to hire or consult a lawyer who specializes in immigration or criminal law. Legal counsel can streamline the process and ensure the documents and procedures you follow are accurate.
  2. Gather All Relevant Documents

    • Whether you are dealing with an HDO, WLO/ILBO, or blacklist order, assemble all pertinent records: court resolutions, proof of payment of penalties, police or NBI clearances, and DOJ or BI communications.
  3. Follow Up at Every Stage

    • Bureaucratic processes can be lengthy. Consistent follow-up with the Court, the DOJ, or the BI helps avoid unnecessary delays. Keep dated copies of all submissions and official receipts.
  4. Address Underlying Issues First

    • If there is an ongoing criminal investigation or unresolved immigration violation, simply requesting to be removed from a list may not be successful until the root issue is resolved (e.g., settlement of criminal case, payment of penalties, proper visa extensions).
  5. Check for Multiple Orders

    • In certain cases, an individual might be on both a hold departure list (court-issued) and a watchlist (DOJ-issued). Ensure that you have secured clearances for all orders that may be in effect.
  6. Always Keep Proof of Lift Orders

    • Even after official confirmation that your name has been removed, it is wise to carry certified copies of the “lift order” or “clearance letter” when traveling, to present to immigration officers if your name still appears in any legacy database.

5. Frequently Asked Questions

5.1. How long does it take to remove my name from these lists?

  • HDO: Depends largely on court proceedings. If your case is still pending, you may need court permission to travel, or wait until resolution. If the case is dismissed, you must still wait for the order lifting the HDO and for the BI to update its records.
  • WLO/ILBO: The DOJ can lift a WLO or ILBO promptly once they conclude that the basis no longer exists. However, the pace varies, from a few weeks to a few months, depending on the complexity of the case.
  • Blacklist: The time frame depends on the BI’s evaluation, the completeness of your documentation, and any hearings that might be required.

5.2. Can I travel immediately once I get the lifting order?

  • In theory, yes—once an order is lifted and the BI has updated its records. However, you should confirm with the BI that your name has been removed from their system to avoid complications at the airport.

5.3. Is it possible to speed up the process?

  • While you cannot bypass legal requirements, hiring a lawyer, promptly submitting documents, and regularly following up can help minimize delays.

5.4. What if the BI still has my name on record after I have a lift order?

  • Present a certified true copy of the court/DOJ/BI order at the immigration counter. If problems persist, seek assistance from BI’s Legal Division immediately.

Conclusion

Removing one’s name from what is colloquially called the “Bureau of Immigration Travelers List” in the Philippines requires understanding which specific list you are on—Hold Departure Order, Watchlist/Lookout Bulletin, or Blacklist. Each process involves distinct authorities (courts, DOJ, or BI) and legal bases. Success in removing your name hinges on addressing the underlying reasons you were placed on the list (e.g., ongoing criminal charges, immigration violations), following the correct administrative procedures, and ensuring that each relevant office has updated its records.

If you believe you have been wrongfully placed on any of these lists or require detailed guidance, consult an immigration lawyer or directly coordinate with the issuing authority for the best possible resolution.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.