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Publication Date

Winter 2023

Abstract

Filipino nurses have been celebrated as heroes over the course of the ongoing COVID-19 pandemic. Some publications used this time to highlight the experiences of Filipino healthcare workers and the legacy behind the migration of Filipino nurses. However, the mass migration of Filipino nurses is a phenomenon that has grown out of a legacy of colonialism and imperialism. The United States relies on the exploitation of Filipino nurses as a band-aid solution to the nursing shortage that started in the 1970s. In response to two recent federal court decisions that make clear the practice of human trafficking in U.S.-Philippine employment relations, a narrative has begun to form suggesting that the courts’ characterization of the issue could drastically exacerbate the ongoing nursing shortage in American healthcare facilities “almost overnight.”1 This narrative ignores the human experience of trafficked nurses in favor of centering the American nursing shortage.2 To counter this narrative, this Note discusses the legacy of colonialism and imperialism that contextualize the exploitation of Filipino nurses, and explores how survivor-led solutions can inform how Filipino nurses can be better supported as survivors of human trafficking.

Acknowledgements

I’d like to express my endless gratitude to Brandon Sasto for his support, kindness, and enthusiasm. This Note has benefited greatly from discussions, feedback, and support from Professor Charisa Smith, Professor Zamir Ben-Dan, Amanda Katapang, Nikki Pagulayan, Jackelyn Mariano, Julia Wang, Misaël Syldor, Fatima Mohammed, Lynn Zhong, Nathalie Chevalier, Kamalpreet Chohan, Noor Sheikh, Samara Johnson, Ayana Tan, Alejandra Collado, Monica Sobrin, Reachelle Ramirez, Emily Seo, Yingyin Zhong, and Courtney Ng. Many thanks to the CUNY Law Review editors for their thoughtful work. This Note is dedicated to Hercules Alburo Medalla, Maria Josefa Dy-cok Medalla, Maria Ascuncion Dy-cok Leuterio, and all my ninangs, who have been my constant inspiration in everything I do.

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