Fitial won't block 'green card'
Tuesday, December 22, 2009
By Haidee V. Eugenio
Gov. Benigno R. Fitial and Lt. Gov. Eloy S. Inos said yesterday they won't oppose the federal government should it decide to grant “green cards” or lawful permanent resident status to nonresident workers in the CNMI.
Fitial, however, reiterated that CNMI Public Law 3-66, which he authored when he was a member of the 3rd Legislature, allows foreign workers to come here-as a “privilege”-only if and when resident workers are not available.
“There's nothing in that law that would even suggest that nonresident workers should be granted preferred immigration status,” the governor said.
U.S. Public Law 110-229 or the federalization law requires the Department of the Interior secretary, in consultation with the Homeland Security secretary and the CNMI governor, to recommend to the U.S. Congress-as the Interior secretary deems appropriate-a permanent immigration status for guest workers legally residing in the CNMI, by May 10, 2010.
Nonresident worker groups have started circulating a petition seeking lawful permanent resident status or “green card” to long-time foreign workers and others with relatives who are U.S. or Freely Associated States citizens in the CNMI, ahead of the May 2010 deadline.
Fitial said the granting of green cards is a “federal issue.”
“I don't have anything to do with it. That's their issue. That's a federal issue,” he told reporters in his conference room on Capital Hill yesterday afternoon.
Personally, Inos said, he won't support the granting of a green card if that status is limited only to the CNMI.
“I don't want it restricted here. If they want to issue green card, that's okay. Whoever is issued a green card can go to New Jersey, can go anywhere. But if the [green] card is limited to the CNMI, then that defeats the whole purpose of looking for our residents to obtain jobs,” he said.
The Saipan Chamber of Commerce has asked the U.S. Department of Homeland Security to consider granting a CNMI-only H-2 visa, describing it as the “true solution” to the mandated reduction in the number of foreign workers in the Northern Marianas.
Although it would be largely identical to the existing federal H-2 visa program, the Chamber-proposed visa would “not” allow egress from the CNMI to Guam or other areas of the United States, and would ensure that the CNMI has access to the workers it needs for the foreseeable future.
Fitial said his main concern is to provide jobs to local workers.
“The law is very specific. Once we identify qualified locals, then the nonresident worker occupying that position should be repatriated and that's in the law,” he said.
He said there are available training programs for resident workers, including the Northern Marianas Trade Institute.
“Some local employers are saying that local people are lazy, that they cannot produce. You know why? Because those local employers have no heart to train locals. Every employer should understand that nonresident workers here are only guest workers, they can only able to continue to work here until local workers are qualified. They should respect that,” he added.
But the governor said he “will continue to fight for the nonresident workers to remain” in the CNMI as long as they're needed, and this, he said, is the “essence of the lawsuit.”
He said he still can't tell when the CNMI government will be able to terminate its contract with the law firm Jenner & Block because one of the three counts of the lawsuit has yet to be adjudicated.
GAO visit
Fitial said some Government Accountability Office personnel are currently on island to gather data for the minimum wage impact study, but he said another GAO visit will happen in January.
Commerce Secretary Michael Ada confirmed yesterday that by early January, GAO is expected to present its preliminary study on the impact of federal minimum wage increases on the CNMI economy.
President Obama signed on Wednesday an omnibus Fiscal Year 2010 spending bill that also delays the next 50-cent minimum wage increase, from May 2010 to September 2010, to give the U.S. Congress more time to review the GAO study on the wage hike impact.
Showing posts with label US Department of Homeland Security. Show all posts
Showing posts with label US Department of Homeland Security. Show all posts
Monday, December 21, 2009
Wednesday, December 02, 2009
Feds want to be NMI’s partners
Feds want to be NMI’s partners
Thursday, 03 December 2009 00:00 By Andrew O. De Guzman - Reporter
THE head of the Office of Investigation, one of the operational divisions of the U.S. Immigration and Customs Enforcement, says they want to have a partnership with the CNMI.
“We are here on a mission to partner and communicate with the community,” said Wayne K. Wills, Office of Investigation special agent in charge based on Honolulu, Hawaii.
He is hoping that Gov. Benigno R. Fitial will not make a sweeping generalization regarding the actions of federal agencies.
Last year, the governor, who has sued the U.S. over the federalization law, pulled out local police and customs officers from to the Joint CNMI-U.S. Drug Enforcement Administration Task Force, following the intensive body searches conducted by the DEA on passengers of an inaugural Shanghai Airlines flight.
Fitial later claimed that the DEA endangered his life when it did not inform him about the “ice” dealings of his then-driver-bodyguard.
Wills said they are extending the hand of partnership with the local government.
At least two persons were handed over by the CNMI government to ICE on Saturday morning, according to Michael Samaniego, the agency’s assistant field office director of detention and removal operations.
Wills, during Tuesday’s press conference, also said the public should not to be “surprised” when ICE agents are seen on the islands, together with CNMI law enforcement agencies or the U.S. Coast Guard.
Wills underscored the critical part the community will play, stressing that their operational successes will come from “information from the community.”
Wills said arrested individuals who are found to be in violation of U.S. immigration law will be evaluated through a tier-approach in determining their threat to the nation or to the community.
Samaniego, for his part, is hoping for a “happy conclusion” regarding a detention facility, since talks with the local Department of Correction were still “work in progress.”
According to its Web site, ICE is the largest investigative agency of the U.S. Department of Homeland Security.
Thursday, 03 December 2009 00:00 By Andrew O. De Guzman - Reporter
THE head of the Office of Investigation, one of the operational divisions of the U.S. Immigration and Customs Enforcement, says they want to have a partnership with the CNMI.
“We are here on a mission to partner and communicate with the community,” said Wayne K. Wills, Office of Investigation special agent in charge based on Honolulu, Hawaii.
He is hoping that Gov. Benigno R. Fitial will not make a sweeping generalization regarding the actions of federal agencies.
Last year, the governor, who has sued the U.S. over the federalization law, pulled out local police and customs officers from to the Joint CNMI-U.S. Drug Enforcement Administration Task Force, following the intensive body searches conducted by the DEA on passengers of an inaugural Shanghai Airlines flight.
Fitial later claimed that the DEA endangered his life when it did not inform him about the “ice” dealings of his then-driver-bodyguard.
Wills said they are extending the hand of partnership with the local government.
At least two persons were handed over by the CNMI government to ICE on Saturday morning, according to Michael Samaniego, the agency’s assistant field office director of detention and removal operations.
Wills, during Tuesday’s press conference, also said the public should not to be “surprised” when ICE agents are seen on the islands, together with CNMI law enforcement agencies or the U.S. Coast Guard.
Wills underscored the critical part the community will play, stressing that their operational successes will come from “information from the community.”
Wills said arrested individuals who are found to be in violation of U.S. immigration law will be evaluated through a tier-approach in determining their threat to the nation or to the community.
Samaniego, for his part, is hoping for a “happy conclusion” regarding a detention facility, since talks with the local Department of Correction were still “work in progress.”
According to its Web site, ICE is the largest investigative agency of the U.S. Department of Homeland Security.
Tuesday, December 01, 2009
Feds install technologically advanced equipment at Saipan airport
Feds install technologically advanced equipment at Saipan airport
Tuesday, 01 December 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Department of Homeland Security replaced the old computer system at the Francisco C. Ada/Saipan International Airport with equipment that gathers a person’s biographical and biometric data through fingerprint and facial scanners which officials described as more technologically advanced than Guam's.
Edward Low, chief officer for public liaison of the U.S. Customs and Border Protection, said Guam’s equipment will soon be updated.
CBP, an agency under DHS, brought in 42 personnel — four managers and 37 officers — to the CNMI to take over from local immigration personnel the administration of the islands’ immigration system on Nov. 28, when the federalization law took effect.
The CBP personnel are mostly from Detroit, Miami, Alaska, Hawaii, Guam and other parts of the U.S. and they will be assigned to the CNMI for four months.
The collected biographic and biometric data will be matched with the database of law enforcement agencies which has a depository of the names and photographs of suspected terrorists and criminals.
On Nov. 28, the CBP officers processed more than 300 passengers, mostly Japanese and Korean tourists, who arrived one after another past 1 a.m. on Delta and Asiana aircraft.
A worker from the Philippines aboard Delta Airlines who attempted to enter Saipan using her CNMI-issued entry permit was held, and it was not immediately known if she was eventually allowed to enter the island.
Alexander Y. Hartman, immigration policy advisor of the Department of Homeland Security’s Office of Policy Development, said CBP officers have a protocol to follow in dealing with such a case.
The person will first undergo a primary interview and then a secondary interview before a decision is made.
Under the U.S. Immigration and Naturalization Act, all people wishing to enter the CNMI should have any of the following — a U.S. passport, a U.S. visa, a U.S. permanent visa or green card, a parole visa or his or her country is included in the Guam-CNMI Visa Waiver Program.
Saipan Republican Reps. Diego T. Benavente, Ramon A. Tebuteb, Ralph DLG. Torres and other government officials, including CNMI Congressman Gregorio C. Sablan and Senate President Pete P. Reyes observed the handover process.
Yoichi Matsumura, president of Pacific Development Inc., a Japanese-owned tourist company, said the federal screening process is “good” and does not inconvenience passengers.
“I think it’s a smooth transition. There’s not much change. It’s the same procedure as in Guam,” he said
Marie Thérèse Sebrechts, DHS-USCIS regional media manager, said although U.S. immigration law now applies to the CNMI, it will still undergo a transition period until Dec. 31, 2014, to allow for an orderly transition and give individuals time to identify an appropriate visa classification under the INA.
Tuesday, 01 December 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Department of Homeland Security replaced the old computer system at the Francisco C. Ada/Saipan International Airport with equipment that gathers a person’s biographical and biometric data through fingerprint and facial scanners which officials described as more technologically advanced than Guam's.
Edward Low, chief officer for public liaison of the U.S. Customs and Border Protection, said Guam’s equipment will soon be updated.
CBP, an agency under DHS, brought in 42 personnel — four managers and 37 officers — to the CNMI to take over from local immigration personnel the administration of the islands’ immigration system on Nov. 28, when the federalization law took effect.
The CBP personnel are mostly from Detroit, Miami, Alaska, Hawaii, Guam and other parts of the U.S. and they will be assigned to the CNMI for four months.
The collected biographic and biometric data will be matched with the database of law enforcement agencies which has a depository of the names and photographs of suspected terrorists and criminals.
On Nov. 28, the CBP officers processed more than 300 passengers, mostly Japanese and Korean tourists, who arrived one after another past 1 a.m. on Delta and Asiana aircraft.
A worker from the Philippines aboard Delta Airlines who attempted to enter Saipan using her CNMI-issued entry permit was held, and it was not immediately known if she was eventually allowed to enter the island.
Alexander Y. Hartman, immigration policy advisor of the Department of Homeland Security’s Office of Policy Development, said CBP officers have a protocol to follow in dealing with such a case.
The person will first undergo a primary interview and then a secondary interview before a decision is made.
Under the U.S. Immigration and Naturalization Act, all people wishing to enter the CNMI should have any of the following — a U.S. passport, a U.S. visa, a U.S. permanent visa or green card, a parole visa or his or her country is included in the Guam-CNMI Visa Waiver Program.
Saipan Republican Reps. Diego T. Benavente, Ramon A. Tebuteb, Ralph DLG. Torres and other government officials, including CNMI Congressman Gregorio C. Sablan and Senate President Pete P. Reyes observed the handover process.
Yoichi Matsumura, president of Pacific Development Inc., a Japanese-owned tourist company, said the federal screening process is “good” and does not inconvenience passengers.
“I think it’s a smooth transition. There’s not much change. It’s the same procedure as in Guam,” he said
Marie Thérèse Sebrechts, DHS-USCIS regional media manager, said although U.S. immigration law now applies to the CNMI, it will still undergo a transition period until Dec. 31, 2014, to allow for an orderly transition and give individuals time to identify an appropriate visa classification under the INA.
Thursday, November 26, 2009
Fitial, workers welcome ruling
Fitial, workers welcome ruling
Friday, November 27, 2009
Federal takeover excludes labor-for now
By Haidee V. Eugenio
Reporter
The federal government will only be able to implement border control at the stroke of midnight on Nov. 28, but not the existing CNMI labor program, at least for now.
This is because of a federal judge's order dated Nov. 25 preventing the U.S. Department of Homeland Security from implementing in its current form the interim final rule on the CNMI transitional worker program, which takes effect on Saturday.
Gov. Benigno R. Fitial and the United Workers Movement-NMI separately welcomed yesterday U.S. District Court for the District of Columbia Judge Paul L. Friedman's ruling granting the CNMI government's motion for a preliminary injunction preventing DHS from implementing its CNMI transitional worker (CW) classification rule.
“I am very pleased with this favorable decision by Judge Friedman. The interim final rule fails to comply with Public Law 110-229 and will be very damaging to the Commonwealth if it goes into effect in its present form,” Fitial said in a statement yesterday.
Fitial, who turns 64 today, sued the federal government over federalization.
He urged DHS to consider the over 100 comments that have so far been filed on its transitional worker program rule.
In an interview with Saipan Tribune on Wednesday, Fitial reiterated that a federal takeover of local labor is “unnecessary.”
“We don't have any problem having the federal government take over immigration. Let them control our border because we don't have the capabilities to do that, but we have a strong enforcement mechanism to control our labor. Why do they have to remove labor from us? It doesn't make sense and we're the only one. All the other [U.S.] territories, they control their own labor,” he said.
'Green card'
Ronnie Doca and Rabby Syed, leaders of the workers group, hope that latest court ruling will give DHS more time to consider their concerns.
Workers groups in the CNMI want the federal government to grant “green cards” or legal permanent resident status to certain classes of nonresidents in the CNMI, including long-term foreign workers.
“We are happy with the ruling so DHS will have more time to look into our concerns. Among the most important things we are asking [for] is a better immigration for long-time nonresident workers, and a blanket authority for those with valid CNMI permits to re-enter the CNMI after a vacation or emergency exit,” said Doca, board chairman of the group, which comprises thousands of foreign workers in the CNMI.
Worker groups have started a signature campaign asking President Obama and the U.S. Congress to grant “green cards” to certain foreigners in the CNMI, ahead of the May 10, 2010, deadline for Interior Secretary Ken Salazar to recommend to Congress whether a grant of permanent immigration status to nonresidents in the CNMI is necessary.
'Exit, entry'
DHS' interim final rule, which is supposed to take effect Saturday, prohibits foreign workers from re-entering the islands using only their valid CNMI work and entry permit.
Friedman said DHS could “promulgate a narrowly focused and temporary emergency regulation” that addresses only the “exit and entry” problems presented in the department's interim final rule.
Regulations by DHS' U.S. Citizenship and Immigration Services would have required foreign workers to secure a CW-1 visa from a U.S. embassy for them to re-enter the CNMI, but only after they first secure a CNMI-only transitional worker status, which may take up to 60 days to acquire.
This means foreign workers can exit but not re-enter the CNMI up to at least early 2010, in order to secure a CW status and a CW-1 visa to comply with the DHS interim final rule.
DHS, however, repeatedly said that nonresident workers can exit the CNMI any time during the transition period from Nov. 28, 2009 to Dec. 31, 2014, but they cannot re-enter the islands without a CW-1 visa obtained from a U.S. embassy.
There is also a possibility that an applicant may be denied a CW-1 visa and therefore won't be able to re-enter the CNMI and continue working on the islands despite possessing a valid CNMI work and entry permit.
The Form I-29CW is a modified form of the Form I-29, but it is specifically used for the Commonwealth-only Transitional Worker, or CW, program.
A “transitional worker” under P.L. 110-229 is defined as an alien worker who is currently ineligible for another classification under the U.S. Immigration and Naturalization Act and who performs services or labor for an employer in the CNMI.
Most of the foreign workers in the CNMI are from the Philippines and China, while others are from Korea, Thailand and Bangladesh.
Florida-based human rights activist and former Rota teacher Wendy Doromal expressed hope that the comments so far submitted on the DHS interim final rule “should now be considered by DHS.”
Many relate to travel restrictions and the requirement for a visa for a foreign worker to return to the CNMI after traveling for personal or medical reasons.
Friedman agreed with the CNMI that DHS had no reasonable basis for publishing the interim final rule without complying with the notice and comment provisions of the Administrative Procedures Act.
The judge also made clear that he was denying any possible effort by the U.S. Department of Justice representing DHS to obtain a stay of his order pending appeal to the U.S. Court of Appeals in Washington, D.C.
Border control
The DHS transitional worker rule is supposed to take effect Saturday, when DHS' U.S. Customs and Border Protection takes over border control.
Edward H. Low, public affairs liaison at CBP's San Francisco office, earlier said that between 40 and 50 CBP officers will be on Saipan to take over immigration control at the Saipan International Airport at the stroke of midnight on Nov. 28.
But as of press time yesterday, Low said he's still checking to see what, if any, impact the court ruling will have on CBP operations.
Among other things, the federal takeover of local immigration means U.S. visas will be required of foreigners to enter the CNMI, just like Guam, Hawaii, and the rest of the United States, except for nationals of countries that are included in visa waiver programs.
The CNMI is the last U.S. territory that controls its own borders.
Fingerprinting and eye scan will also become main fixtures at the airport, just like anywhere in the U.S.
P.L. 110-229 or the Consolidated Natural Resources Act, signed by President George Bush in May 2008, not only applies federal immigration control in the CNMI but also gave the CNMI its first non-voting delegate to the U.S. Congress.
As a result of the federalization law, the CNMI held its first delegate election in November 2008, won by Gregorio Kilili C. Sablan, a former executive director of the Commonwealth Election Commission.
Friday, November 27, 2009
Federal takeover excludes labor-for now
By Haidee V. Eugenio
Reporter
The federal government will only be able to implement border control at the stroke of midnight on Nov. 28, but not the existing CNMI labor program, at least for now.
This is because of a federal judge's order dated Nov. 25 preventing the U.S. Department of Homeland Security from implementing in its current form the interim final rule on the CNMI transitional worker program, which takes effect on Saturday.
Gov. Benigno R. Fitial and the United Workers Movement-NMI separately welcomed yesterday U.S. District Court for the District of Columbia Judge Paul L. Friedman's ruling granting the CNMI government's motion for a preliminary injunction preventing DHS from implementing its CNMI transitional worker (CW) classification rule.
“I am very pleased with this favorable decision by Judge Friedman. The interim final rule fails to comply with Public Law 110-229 and will be very damaging to the Commonwealth if it goes into effect in its present form,” Fitial said in a statement yesterday.
Fitial, who turns 64 today, sued the federal government over federalization.
He urged DHS to consider the over 100 comments that have so far been filed on its transitional worker program rule.
In an interview with Saipan Tribune on Wednesday, Fitial reiterated that a federal takeover of local labor is “unnecessary.”
“We don't have any problem having the federal government take over immigration. Let them control our border because we don't have the capabilities to do that, but we have a strong enforcement mechanism to control our labor. Why do they have to remove labor from us? It doesn't make sense and we're the only one. All the other [U.S.] territories, they control their own labor,” he said.
'Green card'
Ronnie Doca and Rabby Syed, leaders of the workers group, hope that latest court ruling will give DHS more time to consider their concerns.
Workers groups in the CNMI want the federal government to grant “green cards” or legal permanent resident status to certain classes of nonresidents in the CNMI, including long-term foreign workers.
“We are happy with the ruling so DHS will have more time to look into our concerns. Among the most important things we are asking [for] is a better immigration for long-time nonresident workers, and a blanket authority for those with valid CNMI permits to re-enter the CNMI after a vacation or emergency exit,” said Doca, board chairman of the group, which comprises thousands of foreign workers in the CNMI.
Worker groups have started a signature campaign asking President Obama and the U.S. Congress to grant “green cards” to certain foreigners in the CNMI, ahead of the May 10, 2010, deadline for Interior Secretary Ken Salazar to recommend to Congress whether a grant of permanent immigration status to nonresidents in the CNMI is necessary.
'Exit, entry'
DHS' interim final rule, which is supposed to take effect Saturday, prohibits foreign workers from re-entering the islands using only their valid CNMI work and entry permit.
Friedman said DHS could “promulgate a narrowly focused and temporary emergency regulation” that addresses only the “exit and entry” problems presented in the department's interim final rule.
Regulations by DHS' U.S. Citizenship and Immigration Services would have required foreign workers to secure a CW-1 visa from a U.S. embassy for them to re-enter the CNMI, but only after they first secure a CNMI-only transitional worker status, which may take up to 60 days to acquire.
This means foreign workers can exit but not re-enter the CNMI up to at least early 2010, in order to secure a CW status and a CW-1 visa to comply with the DHS interim final rule.
DHS, however, repeatedly said that nonresident workers can exit the CNMI any time during the transition period from Nov. 28, 2009 to Dec. 31, 2014, but they cannot re-enter the islands without a CW-1 visa obtained from a U.S. embassy.
There is also a possibility that an applicant may be denied a CW-1 visa and therefore won't be able to re-enter the CNMI and continue working on the islands despite possessing a valid CNMI work and entry permit.
The Form I-29CW is a modified form of the Form I-29, but it is specifically used for the Commonwealth-only Transitional Worker, or CW, program.
A “transitional worker” under P.L. 110-229 is defined as an alien worker who is currently ineligible for another classification under the U.S. Immigration and Naturalization Act and who performs services or labor for an employer in the CNMI.
Most of the foreign workers in the CNMI are from the Philippines and China, while others are from Korea, Thailand and Bangladesh.
Florida-based human rights activist and former Rota teacher Wendy Doromal expressed hope that the comments so far submitted on the DHS interim final rule “should now be considered by DHS.”
Many relate to travel restrictions and the requirement for a visa for a foreign worker to return to the CNMI after traveling for personal or medical reasons.
Friedman agreed with the CNMI that DHS had no reasonable basis for publishing the interim final rule without complying with the notice and comment provisions of the Administrative Procedures Act.
The judge also made clear that he was denying any possible effort by the U.S. Department of Justice representing DHS to obtain a stay of his order pending appeal to the U.S. Court of Appeals in Washington, D.C.
Border control
The DHS transitional worker rule is supposed to take effect Saturday, when DHS' U.S. Customs and Border Protection takes over border control.
Edward H. Low, public affairs liaison at CBP's San Francisco office, earlier said that between 40 and 50 CBP officers will be on Saipan to take over immigration control at the Saipan International Airport at the stroke of midnight on Nov. 28.
But as of press time yesterday, Low said he's still checking to see what, if any, impact the court ruling will have on CBP operations.
Among other things, the federal takeover of local immigration means U.S. visas will be required of foreigners to enter the CNMI, just like Guam, Hawaii, and the rest of the United States, except for nationals of countries that are included in visa waiver programs.
The CNMI is the last U.S. territory that controls its own borders.
Fingerprinting and eye scan will also become main fixtures at the airport, just like anywhere in the U.S.
P.L. 110-229 or the Consolidated Natural Resources Act, signed by President George Bush in May 2008, not only applies federal immigration control in the CNMI but also gave the CNMI its first non-voting delegate to the U.S. Congress.
As a result of the federalization law, the CNMI held its first delegate election in November 2008, won by Gregorio Kilili C. Sablan, a former executive director of the Commonwealth Election Commission.
US gears up for CNMI takeover
US gears up for CNMI takeover
Friday, 27 November 2009 03:31 by Gemma Q. Casas | Variety News Staff
(SAIPAN)--An official of the U.S. Customs and Border Protection said his office is ready to administer and operate the immigration system of the Northern Marianas, which will be placed under federal control starting tomorrow.
Edward Low, chief CBP officer, said some of the permanently assigned personnel for the Saipan international airport have arrived on island and more will come in the next few days.
Part of the contingent are armed CBP officers.
“CBP officers are armed. That is the function of their duty. That weapon is part of who they are,” said Low who arrived on Saipan on Friday. He is scheduled to leave on Dec. 4.
“We’re scheduled to take over immigration on Nov. 28. With any luck it would be relatively seamless,” he said in an interview on Monday.
According to its Web site, CBP is one of the most complex components of the U.S. Department of Homeland Security with a priority mission of keeping terrorists and their weapons out of the country.
It is also responsible for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.
Local customs, however, will remain under the jurisdiction of the local government.
Low said CBP will enforce the U.S. Immigration and Naturalization Act by screening passengers entering all points of entries in the CNMI.
“As it stands now, when CBP takes over immigration on the 28th, anybody who wants to enter the CNMI must have a U.S. passport, a U.S. permanent card or green card, a U.S. visa or they have to be a member of the visa-waiver country or Chinese or Russian nationals who are seeking to visit the CNMI. But those two countries will be dealt with a little bit differently. But you know I can’t speak about anything else,” he said.
The U.S. Citizenship and Immigration Services, or USCIS, another agency of DHS, deals with people who have already entered the nation and its territories. It is expected to bring in a contingent as part of the federalization law’s implementation.
The USCIS is in-charge of collecting biometrics and processing the Commonwealth Worker or CW-1 status that will be offered to foreign workers on the islands who are otherwise ineligible for other U.S. employment-based programs.
Friday, 27 November 2009 03:31 by Gemma Q. Casas | Variety News Staff
(SAIPAN)--An official of the U.S. Customs and Border Protection said his office is ready to administer and operate the immigration system of the Northern Marianas, which will be placed under federal control starting tomorrow.
Edward Low, chief CBP officer, said some of the permanently assigned personnel for the Saipan international airport have arrived on island and more will come in the next few days.
Part of the contingent are armed CBP officers.
“CBP officers are armed. That is the function of their duty. That weapon is part of who they are,” said Low who arrived on Saipan on Friday. He is scheduled to leave on Dec. 4.
“We’re scheduled to take over immigration on Nov. 28. With any luck it would be relatively seamless,” he said in an interview on Monday.
According to its Web site, CBP is one of the most complex components of the U.S. Department of Homeland Security with a priority mission of keeping terrorists and their weapons out of the country.
It is also responsible for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.
Local customs, however, will remain under the jurisdiction of the local government.
Low said CBP will enforce the U.S. Immigration and Naturalization Act by screening passengers entering all points of entries in the CNMI.
“As it stands now, when CBP takes over immigration on the 28th, anybody who wants to enter the CNMI must have a U.S. passport, a U.S. permanent card or green card, a U.S. visa or they have to be a member of the visa-waiver country or Chinese or Russian nationals who are seeking to visit the CNMI. But those two countries will be dealt with a little bit differently. But you know I can’t speak about anything else,” he said.
The U.S. Citizenship and Immigration Services, or USCIS, another agency of DHS, deals with people who have already entered the nation and its territories. It is expected to bring in a contingent as part of the federalization law’s implementation.
The USCIS is in-charge of collecting biometrics and processing the Commonwealth Worker or CW-1 status that will be offered to foreign workers on the islands who are otherwise ineligible for other U.S. employment-based programs.
Wednesday, November 25, 2009
Federal immigration officials arrive in NMI
Federal immigration officials arrive in NMI
Thursday, 26 November 2009 00:00 By Gemma Q. Casas - Reporter
AN official of the U.S. Customs and Border Protection says their office is ready to administer and operate the immigration system of the Northern Marianas on Nov. 28.
Edward Low, chief CBP officer, said some of the permanently assigned personnel for the Saipan international airport have arrived on island and more will come in the next few days.
Part of the contingent are armed CBP officers.
“CBP officers are armed. That is the function of their duty. That weapon is part of who they are,” said Low who arrived on Saipan on Friday. He is scheduled to leave on Dec. 4.
“We’re scheduled to take over immigration on Nov. 28. With any luck it would be relatively seamless,” he said in an interview on Monday.
According to its Web site, CBP is one of the most complex components of the U.S. Department of Homeland Security with a priority mission of keeping terrorists and their weapons out of the country.
It is also responsible for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.
Local customs, however, will remain under the jurisdiction of the local government.
Low said CBP will enforce the U.S. Immigration and Naturalization Act by screening passengers entering all points of entries in the CNMI.
“As it stands now, when CBP takes over immigration on the 28th, anybody who wants to enter the CNMI must have a U.S. passport, a U.S. permanent card or green card, a U.S. visa or they have to be a member of the visa-waiver country or Chinese or Russian nationals who are seeking to visit the CNMI. But those two countries will be dealt with a little bit differently. But you know I can’t speak about anything else,” he said.
The U.S. Citizenship and Immigration Services, or USCIS, another agency of DHS, deals with people who have already entered the nation and its territories. It is expected to bring in a contingent as part of the federalization law’s implementation.
The USCIS is in-charge of collecting biometrics and processing the Commonwealth Worker or CW-1 status that will be offered to foreign workers on the islands who are otherwise ineligible for other U.S. employment-based programs.
Thursday, 26 November 2009 00:00 By Gemma Q. Casas - Reporter
AN official of the U.S. Customs and Border Protection says their office is ready to administer and operate the immigration system of the Northern Marianas on Nov. 28.
Edward Low, chief CBP officer, said some of the permanently assigned personnel for the Saipan international airport have arrived on island and more will come in the next few days.
Part of the contingent are armed CBP officers.
“CBP officers are armed. That is the function of their duty. That weapon is part of who they are,” said Low who arrived on Saipan on Friday. He is scheduled to leave on Dec. 4.
“We’re scheduled to take over immigration on Nov. 28. With any luck it would be relatively seamless,” he said in an interview on Monday.
According to its Web site, CBP is one of the most complex components of the U.S. Department of Homeland Security with a priority mission of keeping terrorists and their weapons out of the country.
It is also responsible for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.
Local customs, however, will remain under the jurisdiction of the local government.
Low said CBP will enforce the U.S. Immigration and Naturalization Act by screening passengers entering all points of entries in the CNMI.
“As it stands now, when CBP takes over immigration on the 28th, anybody who wants to enter the CNMI must have a U.S. passport, a U.S. permanent card or green card, a U.S. visa or they have to be a member of the visa-waiver country or Chinese or Russian nationals who are seeking to visit the CNMI. But those two countries will be dealt with a little bit differently. But you know I can’t speak about anything else,” he said.
The U.S. Citizenship and Immigration Services, or USCIS, another agency of DHS, deals with people who have already entered the nation and its territories. It is expected to bring in a contingent as part of the federalization law’s implementation.
The USCIS is in-charge of collecting biometrics and processing the Commonwealth Worker or CW-1 status that will be offered to foreign workers on the islands who are otherwise ineligible for other U.S. employment-based programs.
Tuesday, November 24, 2009
Two counts of federalization suit dismissed
Two counts of federalization suit dismissed
Wednesday, November 25, 2009
By Ferdie de la Torre
Reporter
The judge handling the lawsuit filed by the CNMI government to block the federal takeover of the local immigration system dismissed yesterday two of the three-count lawsuit, saying the CNMI failed to prove its case.
“After careful consideration of the parties' papers, their exhibits, the relevant case law, the statute and the Covenant, the court concludes that the [CNMI] has failed to state a claim upon which relief can be granted with respect to Counts I and II of its amended complaint, and that those claims therefore should be dismissed,” said U.S. District Court for the District of Columbia Judge Paul L. Friedman in a two-page order.
The judge did not provide any further explanation, saying he will issue an opinion explaining the reasoning underlying his order later this week.
As a result of the dismissal, Friedman said, the CNMI's motion to prevent the implementation of certain provisions of the federalization law, the Consolidated Natural Resources Act, is moot. The Act is also known as Public Law 110-229.
Friedman granted the U.S. government's motion to dismiss the complaint.
Friedman first heard oral arguments on March 12, 2009, on the U.S. government's motion to dismiss the complaint and the CNMI's first motion for a preliminary injunction.
The CNMI then filed an amended complaint, adding a claim that, according to the judge, is not relevant to the motions.
In the CNMI's amended complaint, it named as defendants the U.S.A., U.S. Department of Homeland Security Secretary Janet Napolitano, DHS, U.S. Department of Labor Secretary Hilda Solis, and U.S. Labor.
The CNMI, through the Jenner & Block law firm, asked the court to prevent these defendants from acting in violation of the Covenant and urged the court to issue a permanent ban against the implementation of federalization in the CNMI.
In Count 1, the CNMI claimed that federalization is in violation of sections 103 and 105 of the Covenant.
Section 103 of the Covenant authorizes the Commonwealth to exercise the right to local self-government and to govern itself with respect to its internal affairs in accordance with its Constitution. Section 105 of the Covenant forbids the U.S. from abrogating the Commonwealth's right to local self-government without its consent.
The CNMI argued that one aspect of the right to local self-government is the right to regulate internal labor and economic affairs and to secure the economic prosperity of local residents.
Jenner & Block said the some provisions of Public Law 110-229 abrogate the Commonwealth's right to local self-government by denying the Commonwealth the right to regulate its local workforce and economy.
The Commonwealth has not consented to this abrogation of its rights under the Covenant, the law firm said.
In Count 2, the CNMI alleged that federalization is in violation of Article 1 of the U.S. Constitution.
Under the fundamental structural principle of limited powers that animates the U.S. Constitution, Jenner & Block said, Congress could not enact a law that imposes such a “burdensome, discriminatory and onerous federal regulatory regime” upon a state where the law was passed in a defective political process.
The law firm said the CNRA exceeds Congress' Article 1 powers to enact legislation with respect to the Commonwealth.
The CNMI asked the court to stop the implementation of CNRA provisions that “impose a burdensome, discriminatory and onerous federal regulatory regime on the Commonwealth.”
Count 3 of the amended complaint refers to alleged violation of the Administrative Procedure Act. Jenner & Block argued that the defendants violated the APA by promulgating the regulations required by Public Law 110-229 without giving the CNMI and other stakeholders notice and an opportunity to comment.
This claim is still pending in court.
Jenner & Block said the defendants promulgated the DHS' Interim Permit Rule without notice and comment, in violation of the APA.
DHS, the law firm said, cannot establish “good cause” for its failure to comply with the notice and comment requirements of the APA.
DHS is set to implement federal immigration laws in the CNMI on Nov. 28, under the authority provided by the CNRA.
Wednesday, November 25, 2009
By Ferdie de la Torre
Reporter
The judge handling the lawsuit filed by the CNMI government to block the federal takeover of the local immigration system dismissed yesterday two of the three-count lawsuit, saying the CNMI failed to prove its case.
“After careful consideration of the parties' papers, their exhibits, the relevant case law, the statute and the Covenant, the court concludes that the [CNMI] has failed to state a claim upon which relief can be granted with respect to Counts I and II of its amended complaint, and that those claims therefore should be dismissed,” said U.S. District Court for the District of Columbia Judge Paul L. Friedman in a two-page order.
The judge did not provide any further explanation, saying he will issue an opinion explaining the reasoning underlying his order later this week.
As a result of the dismissal, Friedman said, the CNMI's motion to prevent the implementation of certain provisions of the federalization law, the Consolidated Natural Resources Act, is moot. The Act is also known as Public Law 110-229.
Friedman granted the U.S. government's motion to dismiss the complaint.
Friedman first heard oral arguments on March 12, 2009, on the U.S. government's motion to dismiss the complaint and the CNMI's first motion for a preliminary injunction.
The CNMI then filed an amended complaint, adding a claim that, according to the judge, is not relevant to the motions.
In the CNMI's amended complaint, it named as defendants the U.S.A., U.S. Department of Homeland Security Secretary Janet Napolitano, DHS, U.S. Department of Labor Secretary Hilda Solis, and U.S. Labor.
The CNMI, through the Jenner & Block law firm, asked the court to prevent these defendants from acting in violation of the Covenant and urged the court to issue a permanent ban against the implementation of federalization in the CNMI.
In Count 1, the CNMI claimed that federalization is in violation of sections 103 and 105 of the Covenant.
Section 103 of the Covenant authorizes the Commonwealth to exercise the right to local self-government and to govern itself with respect to its internal affairs in accordance with its Constitution. Section 105 of the Covenant forbids the U.S. from abrogating the Commonwealth's right to local self-government without its consent.
The CNMI argued that one aspect of the right to local self-government is the right to regulate internal labor and economic affairs and to secure the economic prosperity of local residents.
Jenner & Block said the some provisions of Public Law 110-229 abrogate the Commonwealth's right to local self-government by denying the Commonwealth the right to regulate its local workforce and economy.
The Commonwealth has not consented to this abrogation of its rights under the Covenant, the law firm said.
In Count 2, the CNMI alleged that federalization is in violation of Article 1 of the U.S. Constitution.
Under the fundamental structural principle of limited powers that animates the U.S. Constitution, Jenner & Block said, Congress could not enact a law that imposes such a “burdensome, discriminatory and onerous federal regulatory regime” upon a state where the law was passed in a defective political process.
The law firm said the CNRA exceeds Congress' Article 1 powers to enact legislation with respect to the Commonwealth.
The CNMI asked the court to stop the implementation of CNRA provisions that “impose a burdensome, discriminatory and onerous federal regulatory regime on the Commonwealth.”
Count 3 of the amended complaint refers to alleged violation of the Administrative Procedure Act. Jenner & Block argued that the defendants violated the APA by promulgating the regulations required by Public Law 110-229 without giving the CNMI and other stakeholders notice and an opportunity to comment.
This claim is still pending in court.
Jenner & Block said the defendants promulgated the DHS' Interim Permit Rule without notice and comment, in violation of the APA.
DHS, the law firm said, cannot establish “good cause” for its failure to comply with the notice and comment requirements of the APA.
DHS is set to implement federal immigration laws in the CNMI on Nov. 28, under the authority provided by the CNRA.
All set for federal takeover
All set for federal takeover
Wednesday, 25 November 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Department of Homeland Security will take control of the islands’ immigration system as scheduled on Saturday following federal Judge Paul Friedman’s decision to dismiss Gov. Benigno R. Fitial’s lawsuit.
Friedman of the U.S. District Court for the District of Columbia placed the case under advisement last March 12, 2009.
The first complaint seeks a permanent injunction on labor-related provisions of the federalization law, or U.S. P.L. 110-229, on grounds that it infringes on the CNMI’s right to self-government under its Covenant with the United States. It was filed on Sept. 12, 2008.
In November of the same year, the governor, through the Jenner & Block law firm and his special legal counsel Howard P. Willens, amended the complaint and sought for a preliminary injunction citing constitutional violations as grounds.
The governor said federalization law is an economic disaster for the CNMI’s economy because it will reduce to zero the number of foreign workers on the islands by Dec. 31, 2014.
The U.S. Department of Justice asked the federal court to dismiss the case, saying the CNMI’s arguments are purely speculative and stressed that local immigration policy had opened up the islands to security risks, including from Russian Mafia and Chinese triads.
DOJ also noted that the Covenant allows the U.S. Congress to apply federal immigration law to the islands.
In his Nov. 23 two-page order dismissing the case, Friedman said the CNMI “failed to state a claim upon which relief can be granted with respect to counts I and II of its amended complaint and that those claims therefore should be dismissed.”
The judge said the CNMI’s motion for a preliminary injunction is moot.
He said an opinion regarding the court’s reasoning for its order will follow.
The administration is paying Jenner & Block a retainer of $50,000 a month for its legal services, excluding out-of-pocket reimbursements.
Saipan Independent Rep. Tina Sablan, who forced the administration to release the billing records, said they had known that the lawsuit was unlikely to prevail.
“Even Howard Willens and Jenner & Block acknowledged months ago, before filing the lawsuit in the first place, that the CNMI was likely to lose. Judge Friedman’s dismissal should not come as a surprise to anyone, not even the administration,” she told the Variety in an e-mail.
The lawmaker hopes to get the remaining financial records further detailing how public funds were spent for the lawsuit.
The financial records she obtained were up to April of this year only.
“I hope that the financial records will be fully disclosed now that the lawsuit has been dismissed, and that the CNMI can finally move on toward mending relations with the federal government and adjusting to the fact that federal immigration law will apply here starting on Nov. 28,” she said.
“The CNMI has been fighting federalization for so long, and fighting so hard to maintain the status quo, that we have missed the opportunities to build a better, stronger, more self-reliant CNMI. Now is the time to open our eyes and wake up to the reality that times are changing. The old labor and immigration system is coming to an end. We have to adapt,” she added.
In a statement, Fitial said: “We had excellent representation from our lawyers in Washington, D.C. We respect Judge Friedman and appreciate the time and careful consideration he gave to this case. We look forward to examining his opinion before making any decisions about our future course of action on this matter.”
The judge, he added, is expected to separately rule this week on the CNMI’s third complaint, an emergency injunctive relief to stop the interim final regulations on transitional worker program on grounds that they failed to comply with the notice and comment provisions of the U.S. Administrative Procedures Act.
Fitial said Willens is “traveling to Washington this Sunday and will be consulting with our D.C. lawyers on Monday. After those discussions, I expect to receive a recommendation from counsel regarding both of Judge Friedman’s decisions.”
The ruling came almost a day after the governor won the runoff election.
Wednesday, 25 November 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Department of Homeland Security will take control of the islands’ immigration system as scheduled on Saturday following federal Judge Paul Friedman’s decision to dismiss Gov. Benigno R. Fitial’s lawsuit.
Friedman of the U.S. District Court for the District of Columbia placed the case under advisement last March 12, 2009.
The first complaint seeks a permanent injunction on labor-related provisions of the federalization law, or U.S. P.L. 110-229, on grounds that it infringes on the CNMI’s right to self-government under its Covenant with the United States. It was filed on Sept. 12, 2008.
In November of the same year, the governor, through the Jenner & Block law firm and his special legal counsel Howard P. Willens, amended the complaint and sought for a preliminary injunction citing constitutional violations as grounds.
The governor said federalization law is an economic disaster for the CNMI’s economy because it will reduce to zero the number of foreign workers on the islands by Dec. 31, 2014.
The U.S. Department of Justice asked the federal court to dismiss the case, saying the CNMI’s arguments are purely speculative and stressed that local immigration policy had opened up the islands to security risks, including from Russian Mafia and Chinese triads.
DOJ also noted that the Covenant allows the U.S. Congress to apply federal immigration law to the islands.
In his Nov. 23 two-page order dismissing the case, Friedman said the CNMI “failed to state a claim upon which relief can be granted with respect to counts I and II of its amended complaint and that those claims therefore should be dismissed.”
The judge said the CNMI’s motion for a preliminary injunction is moot.
He said an opinion regarding the court’s reasoning for its order will follow.
The administration is paying Jenner & Block a retainer of $50,000 a month for its legal services, excluding out-of-pocket reimbursements.
Saipan Independent Rep. Tina Sablan, who forced the administration to release the billing records, said they had known that the lawsuit was unlikely to prevail.
“Even Howard Willens and Jenner & Block acknowledged months ago, before filing the lawsuit in the first place, that the CNMI was likely to lose. Judge Friedman’s dismissal should not come as a surprise to anyone, not even the administration,” she told the Variety in an e-mail.
The lawmaker hopes to get the remaining financial records further detailing how public funds were spent for the lawsuit.
The financial records she obtained were up to April of this year only.
“I hope that the financial records will be fully disclosed now that the lawsuit has been dismissed, and that the CNMI can finally move on toward mending relations with the federal government and adjusting to the fact that federal immigration law will apply here starting on Nov. 28,” she said.
“The CNMI has been fighting federalization for so long, and fighting so hard to maintain the status quo, that we have missed the opportunities to build a better, stronger, more self-reliant CNMI. Now is the time to open our eyes and wake up to the reality that times are changing. The old labor and immigration system is coming to an end. We have to adapt,” she added.
In a statement, Fitial said: “We had excellent representation from our lawyers in Washington, D.C. We respect Judge Friedman and appreciate the time and careful consideration he gave to this case. We look forward to examining his opinion before making any decisions about our future course of action on this matter.”
The judge, he added, is expected to separately rule this week on the CNMI’s third complaint, an emergency injunctive relief to stop the interim final regulations on transitional worker program on grounds that they failed to comply with the notice and comment provisions of the U.S. Administrative Procedures Act.
Fitial said Willens is “traveling to Washington this Sunday and will be consulting with our D.C. lawyers on Monday. After those discussions, I expect to receive a recommendation from counsel regarding both of Judge Friedman’s decisions.”
The ruling came almost a day after the governor won the runoff election.
Thursday, November 19, 2009
DHS interim rule deficient for many reasons-Willens
DHS interim rule deficient for many reasons-Willens
Friday, November 20, 2009
By Ferdie de la Torre
Reporter
The U.S. Department of Homeland Security should not implement the interim rule on the CNMI-Transitional Worker Classification on Nov. 28, 2009, as it is deficient for many reasons, according to Gov. Benigno R. Fitial's special legal counsel, Howard P. Willens.
In the CNMI's comments on the interim rule, Willens said the rule fails to implement the statutory requirement that the DHS Secretary establish and enforce a transitional work permit system in the CNMI that provides for allocation and a reduction in the number of foreign workers to zero by Dec. 31, 2014.
Willens said DHS failed to conduct an economic impact analysis of the proposed regulations, as required by Executive Order 12866 and the Regulatory Flexibility Act of 1980.
He added that the rule fails to implement the statutory goals of minimizing harm to the CNMI, protecting and increasing job opportunities for U.S. citizens; and fostering the expansion of tourism and economic development.
“We believe that DHS has an obligation under the Administrative Procedure Act to review all the comments submitted in this rule-making proceeding and amend its proposed regulations so that they comply with the requirements of Public Law 110-229 (federalization law) and will not cause the serious injury to the Commonwealth people and economy that will otherwise result,” he said.
Willens said the rule describes no system for how the permits are to be divided among employers.
“In view of the law's mandated reduction in the number of permits to zero within five years, there can be no question but that DHS will be required to confront the need to allocate permits among CNMI employers whose collective demand for foreign workers is greater than the available number of permits during the next year,” he said.
The proposed regulations, he noted, do not even identify the criteria that might be used in making critical distinctions among employers competing for foreign workers.
Second, Willens said, the proposed rules do not identify any procedure for reducing the number of the permits to zero by the end of the transition period.
Based on data supplied by the Commonwealth in August 2008, Willens said, the rule indicates that 19,083 foreign workers are in the CNMI and concludes that about 14,543 of these workers (13,543 in-status and 1,000 out-of-status) “will be granted CW status in 2009.”
“With these figures at hand, DHS certainly had sufficient data to consider the alternative means of reducing the number of foreign workers during the transition period as required by the law,” he said.
The counsel said DHS' failure to comply with the law imposes additional burdens and uncertainty on CNMI citizens.
He said the CNMI economy is composed almost entirely of small businesses, many with less than five employees and only a handful with more than 50 employees.
“Without some clear indication of DHS' intentions with respect to the allocation and reduction of the available permits for foreign workers, all participants in the economy suffer,” Willens said.
He said the proposed rule will also hurt the Commonwealth's “very successful efforts” to stop human trafficking under its 2007 labor reform law.
“The federal rule lacks safeguards to ensure that women coming to the Commonwealth possess the necessary skills in their intended occupation; it has no procedures for checking credentials or an orientation at the airport before entry; and provides no available employment history records that could flag likely abuses and previous infractions by employers before a permit is granted,” he said.
Friday, November 20, 2009
By Ferdie de la Torre
Reporter
The U.S. Department of Homeland Security should not implement the interim rule on the CNMI-Transitional Worker Classification on Nov. 28, 2009, as it is deficient for many reasons, according to Gov. Benigno R. Fitial's special legal counsel, Howard P. Willens.
In the CNMI's comments on the interim rule, Willens said the rule fails to implement the statutory requirement that the DHS Secretary establish and enforce a transitional work permit system in the CNMI that provides for allocation and a reduction in the number of foreign workers to zero by Dec. 31, 2014.
Willens said DHS failed to conduct an economic impact analysis of the proposed regulations, as required by Executive Order 12866 and the Regulatory Flexibility Act of 1980.
He added that the rule fails to implement the statutory goals of minimizing harm to the CNMI, protecting and increasing job opportunities for U.S. citizens; and fostering the expansion of tourism and economic development.
“We believe that DHS has an obligation under the Administrative Procedure Act to review all the comments submitted in this rule-making proceeding and amend its proposed regulations so that they comply with the requirements of Public Law 110-229 (federalization law) and will not cause the serious injury to the Commonwealth people and economy that will otherwise result,” he said.
Willens said the rule describes no system for how the permits are to be divided among employers.
“In view of the law's mandated reduction in the number of permits to zero within five years, there can be no question but that DHS will be required to confront the need to allocate permits among CNMI employers whose collective demand for foreign workers is greater than the available number of permits during the next year,” he said.
The proposed regulations, he noted, do not even identify the criteria that might be used in making critical distinctions among employers competing for foreign workers.
Second, Willens said, the proposed rules do not identify any procedure for reducing the number of the permits to zero by the end of the transition period.
Based on data supplied by the Commonwealth in August 2008, Willens said, the rule indicates that 19,083 foreign workers are in the CNMI and concludes that about 14,543 of these workers (13,543 in-status and 1,000 out-of-status) “will be granted CW status in 2009.”
“With these figures at hand, DHS certainly had sufficient data to consider the alternative means of reducing the number of foreign workers during the transition period as required by the law,” he said.
The counsel said DHS' failure to comply with the law imposes additional burdens and uncertainty on CNMI citizens.
He said the CNMI economy is composed almost entirely of small businesses, many with less than five employees and only a handful with more than 50 employees.
“Without some clear indication of DHS' intentions with respect to the allocation and reduction of the available permits for foreign workers, all participants in the economy suffer,” Willens said.
He said the proposed rule will also hurt the Commonwealth's “very successful efforts” to stop human trafficking under its 2007 labor reform law.
“The federal rule lacks safeguards to ensure that women coming to the Commonwealth possess the necessary skills in their intended occupation; it has no procedures for checking credentials or an orientation at the airport before entry; and provides no available employment history records that could flag likely abuses and previous infractions by employers before a permit is granted,” he said.
Bordallo Backs Off: No Longer 'Pushing' China Visa Waivers For Guam
Bordallo Backs Off: No Longer 'Pushing' China Visa Waivers For Guam
Imminent Takeover Of CNMI's Immigration Dampens Territorial Resolve
Written by Jeff Marchesseault, Guam News Factor Staff Writer
Wednesday, 18 November 2009 10:55
GUAM - Congresswoman Madeleine Bordallo appears to be backing away from a recent announcement that she would push for 45-day Guam visa waivers for visitors from China and Russia.
If she hasn't given up entirely, then she may be recalibrating her benchmarks. Until now, local leaders have harbored hope that tying Guam's visa-waiver dreams to the Commonwealth of the Northern Mariana Islands' might make a difference.
But inasmuch as the CNMI's labor and immigration is about to be federalized (on November 28th) and the Department of Homeland Security has already temporarily granted Russia/China visa waiver allowances for the Commonwealth without allowing the same waivers in the Territory, it's no longer a front-burner issue for Guam.
A media release sent to Guam from Bordallo's Washington, D.C. office this morning says that she met with Homeland Security officials in Washington on the semantics of a new visa waiver program for the Northern Marianas and Guam, but the release makes no mention of her previously stated commitment to keep pushing for China and Russia visa waivers for Guam.
Last month Guam News Factor reported that Bordallo was pressing Homeland for answers on why only the Commonwealth of the Northern Mariana Islands was granted visa waivers for Russia and China by way of an interim rule. This temporary rule will, in effect, allow for the continuation of a policy of letting Russians and Chinese into the Commonwealth, even after federalization of the CNMI's labor and immigration this November 28th. Meanwhile, Guam was was denied the same visa waivers and only granted an additoinal waiver for Hong Kong visitors.
In an October 23rd news release, Bordallo stated, "In my letter to Secretary Napolitano, I asked that she continue to adhere to the Congressional intent of Public Law 110-229 and that Russia and China ultimately be extended to the full Guam-CNMI Visa Waiver Program once the final
rule is published."
The day before that comment, Bordallo stated, "I will continue to work with my colleagues and the Department of Homeland Security to ensure an expanded tourist market for Guam over the coming years. We will review the new DHS policy and we will work to ensure that the final rule that DHS will issue at a later time takes into account the Congressional intent in establishing a regional visa waiver program for Guam and the CNMI."
Today, Bordallo only goes as far as this: "I will continue to work with my colleagues in Congress and DHS to ensure that this law is fully implemented according to the intent of Congress."
Bordallo, who chairs the Subcommittee on Insular Affairs, Oceans and Wildlife, expressed her concerns more fervently in a May 19th release:
"I am concerned that implementation of Public Law 110-229 by the Department of Homeland Security will not fulfill its intended purpose of expanding tourism and economic development in Guam and the CNMI," Congresswoman Bordallo said today. "The Subcommittee will continue to work with the Department of Homeland Security, other federal agencies, and local leaders from Guam and the CNMI to ensure that the concerns raised at today's oversight are addressed adequately and in a timely manner."
If Bordallo is still committed to the process of establishing Russia or China visa waiver status for Guam, she may now be more or less resigned to a slower time-table for the allowance of such waivers in the Territory.
Unlike Guam, the CNMI has relied on the relatively hassle-free entry of Russian and China tourists for years, reportedly has an effective immigration tracking and control system, and has established a justifiable economic need for their continued free-flowing admission.
According to a September 10, 2008 joint resolution of the two-house CNMI Legislature:
-The Commonwealth has, over the past ten years, developed a highly effective arrival and departure control system that has provided for the carefully monitored arrival and departure of a significant number of Russian and Chinese tourists to and from the Commonwealth, as well as effective bonding requirements in the case of Chinese tourists.
-During that period of time, approximately 400,000 Russian and Chinese tourists have entered the Commonwealth and there have been zero incidents of Russian tourists overstaying and approximately one dozen incidents of Chinese tourists overstaying during those ten years, all of which were successfully resolved in a timely manner.
-During 2007, Russian tourists acconted for 1% of total visitor arrivals in the Commonwealth and 5% of total visitor expenditures and Chinese tourists accounted for 10% of total visitor arrivals and 13% of total visitor expenditures, which in aggregate represent over one-tenth of total visitor arrivals and nearly one-fifth of visitor expenditures in the Commonwealth.
-Those tourists have not represented a threat to the welfare, safety, or security of the United States or its territories.
Guam, on the other hand, does not have such a track record of visa-free entry for Russian and Chinese tourists, so its economic justification for allowing visa waivers for Russians and Chinese may not be as strong as the CNMI's, in the eyes of DHS.
John Dela Rosa contributed to this analysis.
Here is an official update from Bordallo's Washington Office:
Congresswoman Bordallo Meets With DHS On P.L. 110-229
November 17, 2009 – Washington, D.C. – Congresswoman Madeleine Z. Bordallo today was briefed by officials from the U.S. Department of Homeland Security (DHS) on the implementation of Public Law 110-229 on the Commonwealth of the Northern Mariana Islands (CNMI) and Guam. The meeting took place in Congresswoman Bordallo's office in the Cannon House Office Building on Capitol Hill. The Congresswoman requested the briefing after Secretary Janet Napolitano of DHS announced her use of parole authority to allow visitors of China and Russia to continue visiting the CNMI.
"During the meeting, we discussed the implementation of the new joint Guam-CNMI Visa Waiver program, and how the parole authority will be exercised by Secretary Napolitano for Chinese and Russian visitors to the CNMI," Congresswoman Madeleine Z. Bordallo said today. "The DHS officials stated that the parole authority process will mirror the process currently in place for visitors arriving from countries under the current national visa waiver program. I remain confident that the U.S. Department of Homeland Security will be ready to fully implement the federalization of immigration in the CNMI on November 28, 2009. In addition, the new Guam-CNMI Visa Waiver Program, which will allow visitors to visit for 45 days, will have a positive long term effect in the visitor industry. I will continue to work with my colleagues in Congress and DHS to ensure that this law is fully implemented according to the intent of Congress."
Imminent Takeover Of CNMI's Immigration Dampens Territorial Resolve
Written by Jeff Marchesseault, Guam News Factor Staff Writer
Wednesday, 18 November 2009 10:55
GUAM - Congresswoman Madeleine Bordallo appears to be backing away from a recent announcement that she would push for 45-day Guam visa waivers for visitors from China and Russia.
If she hasn't given up entirely, then she may be recalibrating her benchmarks. Until now, local leaders have harbored hope that tying Guam's visa-waiver dreams to the Commonwealth of the Northern Mariana Islands' might make a difference.
But inasmuch as the CNMI's labor and immigration is about to be federalized (on November 28th) and the Department of Homeland Security has already temporarily granted Russia/China visa waiver allowances for the Commonwealth without allowing the same waivers in the Territory, it's no longer a front-burner issue for Guam.
A media release sent to Guam from Bordallo's Washington, D.C. office this morning says that she met with Homeland Security officials in Washington on the semantics of a new visa waiver program for the Northern Marianas and Guam, but the release makes no mention of her previously stated commitment to keep pushing for China and Russia visa waivers for Guam.
Last month Guam News Factor reported that Bordallo was pressing Homeland for answers on why only the Commonwealth of the Northern Mariana Islands was granted visa waivers for Russia and China by way of an interim rule. This temporary rule will, in effect, allow for the continuation of a policy of letting Russians and Chinese into the Commonwealth, even after federalization of the CNMI's labor and immigration this November 28th. Meanwhile, Guam was was denied the same visa waivers and only granted an additoinal waiver for Hong Kong visitors.
In an October 23rd news release, Bordallo stated, "In my letter to Secretary Napolitano, I asked that she continue to adhere to the Congressional intent of Public Law 110-229 and that Russia and China ultimately be extended to the full Guam-CNMI Visa Waiver Program once the final
rule is published."
The day before that comment, Bordallo stated, "I will continue to work with my colleagues and the Department of Homeland Security to ensure an expanded tourist market for Guam over the coming years. We will review the new DHS policy and we will work to ensure that the final rule that DHS will issue at a later time takes into account the Congressional intent in establishing a regional visa waiver program for Guam and the CNMI."
Today, Bordallo only goes as far as this: "I will continue to work with my colleagues in Congress and DHS to ensure that this law is fully implemented according to the intent of Congress."
Bordallo, who chairs the Subcommittee on Insular Affairs, Oceans and Wildlife, expressed her concerns more fervently in a May 19th release:
"I am concerned that implementation of Public Law 110-229 by the Department of Homeland Security will not fulfill its intended purpose of expanding tourism and economic development in Guam and the CNMI," Congresswoman Bordallo said today. "The Subcommittee will continue to work with the Department of Homeland Security, other federal agencies, and local leaders from Guam and the CNMI to ensure that the concerns raised at today's oversight are addressed adequately and in a timely manner."
If Bordallo is still committed to the process of establishing Russia or China visa waiver status for Guam, she may now be more or less resigned to a slower time-table for the allowance of such waivers in the Territory.
Unlike Guam, the CNMI has relied on the relatively hassle-free entry of Russian and China tourists for years, reportedly has an effective immigration tracking and control system, and has established a justifiable economic need for their continued free-flowing admission.
According to a September 10, 2008 joint resolution of the two-house CNMI Legislature:
-The Commonwealth has, over the past ten years, developed a highly effective arrival and departure control system that has provided for the carefully monitored arrival and departure of a significant number of Russian and Chinese tourists to and from the Commonwealth, as well as effective bonding requirements in the case of Chinese tourists.
-During that period of time, approximately 400,000 Russian and Chinese tourists have entered the Commonwealth and there have been zero incidents of Russian tourists overstaying and approximately one dozen incidents of Chinese tourists overstaying during those ten years, all of which were successfully resolved in a timely manner.
-During 2007, Russian tourists acconted for 1% of total visitor arrivals in the Commonwealth and 5% of total visitor expenditures and Chinese tourists accounted for 10% of total visitor arrivals and 13% of total visitor expenditures, which in aggregate represent over one-tenth of total visitor arrivals and nearly one-fifth of visitor expenditures in the Commonwealth.
-Those tourists have not represented a threat to the welfare, safety, or security of the United States or its territories.
Guam, on the other hand, does not have such a track record of visa-free entry for Russian and Chinese tourists, so its economic justification for allowing visa waivers for Russians and Chinese may not be as strong as the CNMI's, in the eyes of DHS.
John Dela Rosa contributed to this analysis.
Here is an official update from Bordallo's Washington Office:
Congresswoman Bordallo Meets With DHS On P.L. 110-229
November 17, 2009 – Washington, D.C. – Congresswoman Madeleine Z. Bordallo today was briefed by officials from the U.S. Department of Homeland Security (DHS) on the implementation of Public Law 110-229 on the Commonwealth of the Northern Mariana Islands (CNMI) and Guam. The meeting took place in Congresswoman Bordallo's office in the Cannon House Office Building on Capitol Hill. The Congresswoman requested the briefing after Secretary Janet Napolitano of DHS announced her use of parole authority to allow visitors of China and Russia to continue visiting the CNMI.
"During the meeting, we discussed the implementation of the new joint Guam-CNMI Visa Waiver program, and how the parole authority will be exercised by Secretary Napolitano for Chinese and Russian visitors to the CNMI," Congresswoman Madeleine Z. Bordallo said today. "The DHS officials stated that the parole authority process will mirror the process currently in place for visitors arriving from countries under the current national visa waiver program. I remain confident that the U.S. Department of Homeland Security will be ready to fully implement the federalization of immigration in the CNMI on November 28, 2009. In addition, the new Guam-CNMI Visa Waiver Program, which will allow visitors to visit for 45 days, will have a positive long term effect in the visitor industry. I will continue to work with my colleagues in Congress and DHS to ensure that this law is fully implemented according to the intent of Congress."
Thursday, November 12, 2009
US: NMI's challenge to interim rule too speculative
US: NMI's challenge to interim rule too speculative
Thursday, November 12, 2009
By Ferdie de la Torre
The U.S. government described as “too speculative” the CNMI's claim that the Department of Homeland Security's interim permit rule on the transitional worker program will lead to disastrous economic conditions.
The U.S. government, through the Office of Immigration Litigation trial attorney Theodore W. Atkinson, insisted that the issuance of the interim permit rule does not add to or alter the CNMI's arguments about the constitutionality of the Consolidated Natural Resources Act of 2008 (federalization law).
Atkinson said the existence of the interim permit rule does not add to the CNMI's challenge to the CNRA, because it does not deviate from the mandates of the CNRA in any way.
Atkinson's arguments are contained in the U.S. government's response yesterday to the CNMI's supplemental memorandum in support of a motion for a preliminary injunction.
“In other words, the mere issuance of regulations to implement the Act does not impact the CNMI's arguments regarding the constitutionality of the Act itself,” the lawyer said.
Atkinson said the CNMI's argument that the interim permit rule proves that the Act ousts local control over two-thirds of the CNMI's private sector workforce is nothing new.
“This is the same argument the CNMI has repeatedly made throughout its briefing on the instant motion, but the issuance of the Interim Permit Rule does not provide support for the CNMI's speculative claims of future injury or add to its challenge of the Act,” he said.
The Act itself, Atkinson said, mandates the implementation of a CNMI-only worker permitting system, and specifies that the number of CNMI-only permits shall be reduced during the period of transition to zero at the end of the transition period.
He said the transition period can be extended for five-year periods at the discretion of the U.S. Labor Secretary.
The attorney emphasized that the CNMI's claim is not only speculative but “is also wholly undermined by the fact that the CNMI challenges the transitional nonresident worker permit system, but does not challenge the application of all other federal immigration laws to the CNMI.”
Atkinson said that position is confounding because it completely cuts against the CNMI's argument that a preliminary injunction would avoid harsh economic and other results.
He said without the provisions of the CNRA creating a transitional worker permitting system and without the interim permit rule, nonresident workers currently in the CNMI and who travel outside the CNMI would be inadmissible upon return to the Commonwealth under federal immigration laws not challenged by the CNMI, once those laws take effect on Nov. 28.
Atkinson added that businesses in the CNMI would be unable to hire nonresident workers from outside the Commonwealth as of Nov. 28, because without a CW (transitional worker) classification, such nonresident workers would also be inadmissible.
“In short, without the Interim Permit Rule being effective on Nov. 28, 2009, current CNMI nonresident workers may not be able to return to the CNMI if they leave within two years of that date, and businesses in the CNMI may not be able to 'import' any new nonresident workers from outside the CNMI if the number of current nonresident workers in the CNMI drops,” Atkinson said.
He pointed out that while the CNMI's claims regarding economic injury arising from the implementation of the transitional worker permit system under the Act is speculative, the impact on the CNMI of the immediate application of federal immigration laws in the absence of the interim permit rule is not.
Atkinson asked the court to conclude that the U.S. Congress properly exercised its authority in enacting the CNRA and applying federal immigration law, including the transitional work permit system, to the CNMI.
He said the court should deny the CNMI's motion for a preliminary injunction and grant the United States' motion to dismiss the lawsuit.
The interim rule was published on Oct. 27, 2009. It is scheduled to become effective on Nov. 28, providing for a CNMI Transitional Worker Program.
The CNMI contends that DHS cannot justify its failure to follow the notice and comment provisions of the Administrative Procedure Act before issuing these regulations in final form.
The CNMI seeks for a preliminary injunction to stop the implementation and enforcement of the interim rule.
The CNMI wants the court to issue a preliminary injunction that would prevent DHS from enforcing or implementing the interim permit rule pending the court's resolution of the Commonwealth's claims on the merits.
Thursday, November 12, 2009
By Ferdie de la Torre
The U.S. government described as “too speculative” the CNMI's claim that the Department of Homeland Security's interim permit rule on the transitional worker program will lead to disastrous economic conditions.
The U.S. government, through the Office of Immigration Litigation trial attorney Theodore W. Atkinson, insisted that the issuance of the interim permit rule does not add to or alter the CNMI's arguments about the constitutionality of the Consolidated Natural Resources Act of 2008 (federalization law).
Atkinson said the existence of the interim permit rule does not add to the CNMI's challenge to the CNRA, because it does not deviate from the mandates of the CNRA in any way.
Atkinson's arguments are contained in the U.S. government's response yesterday to the CNMI's supplemental memorandum in support of a motion for a preliminary injunction.
“In other words, the mere issuance of regulations to implement the Act does not impact the CNMI's arguments regarding the constitutionality of the Act itself,” the lawyer said.
Atkinson said the CNMI's argument that the interim permit rule proves that the Act ousts local control over two-thirds of the CNMI's private sector workforce is nothing new.
“This is the same argument the CNMI has repeatedly made throughout its briefing on the instant motion, but the issuance of the Interim Permit Rule does not provide support for the CNMI's speculative claims of future injury or add to its challenge of the Act,” he said.
The Act itself, Atkinson said, mandates the implementation of a CNMI-only worker permitting system, and specifies that the number of CNMI-only permits shall be reduced during the period of transition to zero at the end of the transition period.
He said the transition period can be extended for five-year periods at the discretion of the U.S. Labor Secretary.
The attorney emphasized that the CNMI's claim is not only speculative but “is also wholly undermined by the fact that the CNMI challenges the transitional nonresident worker permit system, but does not challenge the application of all other federal immigration laws to the CNMI.”
Atkinson said that position is confounding because it completely cuts against the CNMI's argument that a preliminary injunction would avoid harsh economic and other results.
He said without the provisions of the CNRA creating a transitional worker permitting system and without the interim permit rule, nonresident workers currently in the CNMI and who travel outside the CNMI would be inadmissible upon return to the Commonwealth under federal immigration laws not challenged by the CNMI, once those laws take effect on Nov. 28.
Atkinson added that businesses in the CNMI would be unable to hire nonresident workers from outside the Commonwealth as of Nov. 28, because without a CW (transitional worker) classification, such nonresident workers would also be inadmissible.
“In short, without the Interim Permit Rule being effective on Nov. 28, 2009, current CNMI nonresident workers may not be able to return to the CNMI if they leave within two years of that date, and businesses in the CNMI may not be able to 'import' any new nonresident workers from outside the CNMI if the number of current nonresident workers in the CNMI drops,” Atkinson said.
He pointed out that while the CNMI's claims regarding economic injury arising from the implementation of the transitional worker permit system under the Act is speculative, the impact on the CNMI of the immediate application of federal immigration laws in the absence of the interim permit rule is not.
Atkinson asked the court to conclude that the U.S. Congress properly exercised its authority in enacting the CNRA and applying federal immigration law, including the transitional work permit system, to the CNMI.
He said the court should deny the CNMI's motion for a preliminary injunction and grant the United States' motion to dismiss the lawsuit.
The interim rule was published on Oct. 27, 2009. It is scheduled to become effective on Nov. 28, providing for a CNMI Transitional Worker Program.
The CNMI contends that DHS cannot justify its failure to follow the notice and comment provisions of the Administrative Procedure Act before issuing these regulations in final form.
The CNMI seeks for a preliminary injunction to stop the implementation and enforcement of the interim rule.
The CNMI wants the court to issue a preliminary injunction that would prevent DHS from enforcing or implementing the interim permit rule pending the court's resolution of the Commonwealth's claims on the merits.
Tuesday, November 10, 2009
DC court to hear oral arguments on Nov. 23
DC court to hear oral arguments on Nov. 23
Wednesday, 11 November 2009 00:00 By Gemma Q. Casas - Reporter
On Nov. 23, the federal court in Washington, D.C. will hear oral arguments on whether it should grant an emergency injunctive relief to stop the implementation of the federalization law’s interim final regulations for the transitional worker program.
Judge Paul Friedman of the U.S. District Court for the District of Columbia also announced he will separately make a ruling on the CNMI’s motion for a preliminary injunction before the federalization law’s implementation on Nov. 28.
According to Gov. Benigno R. Fitial’s special legal counsel, Howard P. Willens, Friedman told the Department of Justice to file its response to the CNMI’s emergency injunctive relief by Friday, Nov. 13 (Saturday local time).
The CNMI filed its injunctive relief motion on Nov. 2. This motion does not require a full-trial and the judge could decide on the matter immediately, Willens said.
The CNMI contends that the U.S. Department of Homeland Security failed to follow the U.S. Administrative Procedure Act when it adopted the transitional worker program on an interim final basis.
“The commonwealth will likely succeed on the merits of its claim that these regulations were promulgated in violation of the Administrative Procedure Act, because it is undisputed that defendants promulgated the regulations without providing notice and an opportunity for comment to the commonwealth and other affected stakeholders as required by the APA, 5 U.S.C. § 553, and because defendants cannot establish ‘good cause’ for this failure, 5 U.S.C. § 553(b)(3)(B),” the CNMI said.
Should the CNMI’s argument prevail, DHS would likely be forced to start over again the process in adopting the transitional worker program regulations.
A 60-day public comment period is commonly set aside before national regulations are adopted.
If the preliminary injunction is granted, the U.S. cannot implement certain provisions under the federalization law on Nov. 28.
Wednesday, 11 November 2009 00:00 By Gemma Q. Casas - Reporter
On Nov. 23, the federal court in Washington, D.C. will hear oral arguments on whether it should grant an emergency injunctive relief to stop the implementation of the federalization law’s interim final regulations for the transitional worker program.
Judge Paul Friedman of the U.S. District Court for the District of Columbia also announced he will separately make a ruling on the CNMI’s motion for a preliminary injunction before the federalization law’s implementation on Nov. 28.
According to Gov. Benigno R. Fitial’s special legal counsel, Howard P. Willens, Friedman told the Department of Justice to file its response to the CNMI’s emergency injunctive relief by Friday, Nov. 13 (Saturday local time).
The CNMI filed its injunctive relief motion on Nov. 2. This motion does not require a full-trial and the judge could decide on the matter immediately, Willens said.
The CNMI contends that the U.S. Department of Homeland Security failed to follow the U.S. Administrative Procedure Act when it adopted the transitional worker program on an interim final basis.
“The commonwealth will likely succeed on the merits of its claim that these regulations were promulgated in violation of the Administrative Procedure Act, because it is undisputed that defendants promulgated the regulations without providing notice and an opportunity for comment to the commonwealth and other affected stakeholders as required by the APA, 5 U.S.C. § 553, and because defendants cannot establish ‘good cause’ for this failure, 5 U.S.C. § 553(b)(3)(B),” the CNMI said.
Should the CNMI’s argument prevail, DHS would likely be forced to start over again the process in adopting the transitional worker program regulations.
A 60-day public comment period is commonly set aside before national regulations are adopted.
If the preliminary injunction is granted, the U.S. cannot implement certain provisions under the federalization law on Nov. 28.
Monday, November 09, 2009
Judge's ruling on federalization out before Nov. 28
Judge's ruling on federalization out before Nov. 28
Tuesday, November 10, 2009
By Ferdie de la Torre
The judge that is handling the CNMI government's lawsuit against federalization has disclosed that he will issue a ruling on the case before Nov. 28, 2009, according to Gov. Benigno R. Fitial's special legal counsel, Howard Willens.
In an e-mail yesterday, Willens said that U.S. District Court for the District of Columbia Judge Paul L. Friedman had announced during a telephone status conference late Friday afternoon that he will issue his opinion on the federalization lawsuit before the start date of federalization.
The Department of Homeland Security is set to implement federal immigration laws in the CNMI on Nov. 28, under the authority provided by the Consolidated Natural Resources Act of 2008.
Willens said the counsel for the Commonwealth and the U.S. Department of Justice participated in the status conference, which took up the CNMI's motion to stop DHS from implementing its interim final rule.
The interim final rule was published on Oct. 27, 2009. It is scheduled to become effective on Nov. 28, 2009, providing for a CNMI Transitional Worker Program.
The CNMI contends that the DHS cannot justify its failure to follow the notice and comment provisions of the Administrative Procedure Act before issuing these regulations in final form.
Willens said that Friedman instructed DOJ to file its response by Nov. 13, 2009. The judge also gave the CNMI until Nov. 18 to file its reply brief. Friedman set the oral argument on the motion on Monday, Nov. 23, 2009.
Willens said that Friedman told both CNMI and Justice counsels that he was working on his opinion on the Commonwealth's earlier motion seeking a preliminary injunction of selected provisions of the Consolidated Natural Resources Act and the Justice's motion to dismiss the federalization lawsuit.
The CNMI, through counsel Jenner & Block law firm, filed on Nov. 2, 2009, a memorandum in support of the motion for a preliminary injunction that seeks to stop the implementation and enforcement of the DHS regulations that were promulgated on Oct. 27.
According to Jenner & Block, the Commonwealth has met all the requirements for the issuance of a preliminary injunction.
The law firm asked the court to issue a preliminary injunction barring DHS from enforcing or implementing the interim permit rule pending the court's resolution of the Commonwealth's claims on the merits.
The CNMI recently filed an amended complaint, asking the court to declare invalid the DHS interim final rule on the CNMI transitional worker program.
Tuesday, November 10, 2009
By Ferdie de la Torre
The judge that is handling the CNMI government's lawsuit against federalization has disclosed that he will issue a ruling on the case before Nov. 28, 2009, according to Gov. Benigno R. Fitial's special legal counsel, Howard Willens.
In an e-mail yesterday, Willens said that U.S. District Court for the District of Columbia Judge Paul L. Friedman had announced during a telephone status conference late Friday afternoon that he will issue his opinion on the federalization lawsuit before the start date of federalization.
The Department of Homeland Security is set to implement federal immigration laws in the CNMI on Nov. 28, under the authority provided by the Consolidated Natural Resources Act of 2008.
Willens said the counsel for the Commonwealth and the U.S. Department of Justice participated in the status conference, which took up the CNMI's motion to stop DHS from implementing its interim final rule.
The interim final rule was published on Oct. 27, 2009. It is scheduled to become effective on Nov. 28, 2009, providing for a CNMI Transitional Worker Program.
The CNMI contends that the DHS cannot justify its failure to follow the notice and comment provisions of the Administrative Procedure Act before issuing these regulations in final form.
Willens said that Friedman instructed DOJ to file its response by Nov. 13, 2009. The judge also gave the CNMI until Nov. 18 to file its reply brief. Friedman set the oral argument on the motion on Monday, Nov. 23, 2009.
Willens said that Friedman told both CNMI and Justice counsels that he was working on his opinion on the Commonwealth's earlier motion seeking a preliminary injunction of selected provisions of the Consolidated Natural Resources Act and the Justice's motion to dismiss the federalization lawsuit.
The CNMI, through counsel Jenner & Block law firm, filed on Nov. 2, 2009, a memorandum in support of the motion for a preliminary injunction that seeks to stop the implementation and enforcement of the DHS regulations that were promulgated on Oct. 27.
According to Jenner & Block, the Commonwealth has met all the requirements for the issuance of a preliminary injunction.
The law firm asked the court to issue a preliminary injunction barring DHS from enforcing or implementing the interim permit rule pending the court's resolution of the Commonwealth's claims on the merits.
The CNMI recently filed an amended complaint, asking the court to declare invalid the DHS interim final rule on the CNMI transitional worker program.
Wednesday, November 04, 2009
CNMI asks court to declare DHS regulations invalid
CNMI asks court to declare DHS regulations invalid
Thursday, November 05, 2009
By Ferdie de la Torre
Reporter
The CNMI has asked the U.S. District Court for the District of Columbia to declare as invalid the Department of Homeland Security's interim final rule on the CNMI transitional worker program.
The CNMI, through the Jenner & Block law firm, asked the court to rule that the manner with which DHS promulgated the interim permit rule violates the Administrative Act.
Jenner & Block stressed that the “societal, familiar, and personal damage” that will be caused by Public Law 110-229, the Consolidated Natural Resources Act of 2008 (federalization law), “is as severe as its economic impact.” The law firm said the law will force thousands of U.S. citizen children to separate from their parents who are not U.S. citizens.
In the CNMI's amended complained filed on Nov. 2, Jenner & Block also questioned the legality of the interim final rule.
The complaint, which named the United States, DHS Secretary Janet Napolitano, DHS, U.S. Department of Labor Secretary Hilda Solis, and U.S. Labor as defendants-also asked the court to prevent these defendants from acting in violation of the Covenant.
The CNMI wants the court to issue a permanent injunction prohibiting the defendants from enforcing federalization in the CNMI.
The law firm asserted that the defendants violated APA by promulgating the regulations required by Public Law 110-229 without notice to the CNMI and other affected stakeholders and giving them an opportunity to comment.
DHS issued the interim rule on Oct. 27. It is set to go into effect on Nov. 28, 2009, the effective date of the CNRA.
Jenner & Block said the CNRA will strike a devastating, and perhaps fatal, blow on the economy by prohibiting the Commonwealth from ensuring an adequate supply of labor for local residents and businesses.
The law firm said CNRA imposes an uncertain permitting system for an indefinite period of time on about two-thirds of the Commonwealth's private sector workforce and requires that the number of Commonwealth-only permits be reduced to zero by the end of 2014, the end date for the transition period.
“As the number of Commonwealth-only permits is reduced, foreign workers lawfully admitted under CNMI law will have to leave the Commonwealth if they are unable to obtain a visa under the narrow and specialized classifications of the federal immigration laws or if their employers cannot obtain the necessary permits from that steadily shrinking pool of permits,” the law firm said.
Jenner & Block said most of the foreign workers will not be able to qualify for federal visas because existing federal immigration laws do not allow visas for low-skill jobs that are “permanent” rather than “temporary.”
“In addition, because no 'Commonwealth-only' permits can be issued or can authorize employment after 2014, whatever relief is potentially available during the transition period is necessarily temporary,” the law firm said.
The law firm pointed out that the local workforce is not enough to compensate for the labor deficit the CNRA will create.
The overall U.S. citizen population of about 30,000 and the U.S. citizen workforce of about 11,000 have remained constant in size for most of the past decade.
“There is no reasonable basis for assuming that the U.S. citizen population can produce a workforce of sufficient size to meet the needs of the CNMI economy,” the law firm said.
The CNRA, Jenner & Block said, has placed the CNMI in a legal and economic limbo of indefinite duration.
“Such an environment is toxic to economic development,” the law firm said, citing business plans for new ventures that are already being revised or canceled, foreign investment being withdrawn, among other things.
“No other city, county, or state in America has a federal bureaucracy exercising plenary authority over two-thirds of its private sector labor force,” the law firm stressed.
In addition, the CNRA will also rend its social fabric, the law firm said.
The 24,000 alien workers and their families make up roughly 40 percent of the Commonwealth's total population. Jenner & Block said many of these people have lived in the CNMI for over a decade and include thousands of U.S. citizen children.
Under the provisions of CNRA, the complaint said, these children's parents are subject to expulsion from the Commonwealth over the next several years, even if they otherwise could have remained gainfully employed in the CNMI.
When required to leave, the law firm said, these parents will be forced to either separate from their children and find another home for them in the CNMI, or to take these U.S. citizen children away from their home country and the opportunities and benefits of growing up in the U.S.
Jenner & Block said the challenged provisions of CNRA abrogate the CNMI's right of local self-government by denying the Commonwealth the right to regulate its local workforce and economy.
Thursday, November 05, 2009
By Ferdie de la Torre
Reporter
The CNMI has asked the U.S. District Court for the District of Columbia to declare as invalid the Department of Homeland Security's interim final rule on the CNMI transitional worker program.
The CNMI, through the Jenner & Block law firm, asked the court to rule that the manner with which DHS promulgated the interim permit rule violates the Administrative Act.
Jenner & Block stressed that the “societal, familiar, and personal damage” that will be caused by Public Law 110-229, the Consolidated Natural Resources Act of 2008 (federalization law), “is as severe as its economic impact.” The law firm said the law will force thousands of U.S. citizen children to separate from their parents who are not U.S. citizens.
In the CNMI's amended complained filed on Nov. 2, Jenner & Block also questioned the legality of the interim final rule.
The complaint, which named the United States, DHS Secretary Janet Napolitano, DHS, U.S. Department of Labor Secretary Hilda Solis, and U.S. Labor as defendants-also asked the court to prevent these defendants from acting in violation of the Covenant.
The CNMI wants the court to issue a permanent injunction prohibiting the defendants from enforcing federalization in the CNMI.
The law firm asserted that the defendants violated APA by promulgating the regulations required by Public Law 110-229 without notice to the CNMI and other affected stakeholders and giving them an opportunity to comment.
DHS issued the interim rule on Oct. 27. It is set to go into effect on Nov. 28, 2009, the effective date of the CNRA.
Jenner & Block said the CNRA will strike a devastating, and perhaps fatal, blow on the economy by prohibiting the Commonwealth from ensuring an adequate supply of labor for local residents and businesses.
The law firm said CNRA imposes an uncertain permitting system for an indefinite period of time on about two-thirds of the Commonwealth's private sector workforce and requires that the number of Commonwealth-only permits be reduced to zero by the end of 2014, the end date for the transition period.
“As the number of Commonwealth-only permits is reduced, foreign workers lawfully admitted under CNMI law will have to leave the Commonwealth if they are unable to obtain a visa under the narrow and specialized classifications of the federal immigration laws or if their employers cannot obtain the necessary permits from that steadily shrinking pool of permits,” the law firm said.
Jenner & Block said most of the foreign workers will not be able to qualify for federal visas because existing federal immigration laws do not allow visas for low-skill jobs that are “permanent” rather than “temporary.”
“In addition, because no 'Commonwealth-only' permits can be issued or can authorize employment after 2014, whatever relief is potentially available during the transition period is necessarily temporary,” the law firm said.
The law firm pointed out that the local workforce is not enough to compensate for the labor deficit the CNRA will create.
The overall U.S. citizen population of about 30,000 and the U.S. citizen workforce of about 11,000 have remained constant in size for most of the past decade.
“There is no reasonable basis for assuming that the U.S. citizen population can produce a workforce of sufficient size to meet the needs of the CNMI economy,” the law firm said.
The CNRA, Jenner & Block said, has placed the CNMI in a legal and economic limbo of indefinite duration.
“Such an environment is toxic to economic development,” the law firm said, citing business plans for new ventures that are already being revised or canceled, foreign investment being withdrawn, among other things.
“No other city, county, or state in America has a federal bureaucracy exercising plenary authority over two-thirds of its private sector labor force,” the law firm stressed.
In addition, the CNRA will also rend its social fabric, the law firm said.
The 24,000 alien workers and their families make up roughly 40 percent of the Commonwealth's total population. Jenner & Block said many of these people have lived in the CNMI for over a decade and include thousands of U.S. citizen children.
Under the provisions of CNRA, the complaint said, these children's parents are subject to expulsion from the Commonwealth over the next several years, even if they otherwise could have remained gainfully employed in the CNMI.
When required to leave, the law firm said, these parents will be forced to either separate from their children and find another home for them in the CNMI, or to take these U.S. citizen children away from their home country and the opportunities and benefits of growing up in the U.S.
Jenner & Block said the challenged provisions of CNRA abrogate the CNMI's right of local self-government by denying the Commonwealth the right to regulate its local workforce and economy.
Monday, November 02, 2009
'DHS rules will wipe out two-thirds of the alien workforce'
'DHS rules will wipe out two-thirds of the alien workforce'
NMI FILES SUPPLEMENTAL ARGUMENTS
Monday, November 02, 2009
By Ferdie de la Torre
Reporter
The CNMI government has filed a supplemental memorandum supporting its motion for a preliminary injunction against federalization by citing the Department of Homeland Security's publication of its interim final rule.
Gov. Benigno R. Fitial said yesterday the “interim final rule” was a violation of the Administrative Procedure Act, so he asked his lawyers to challenge it.
“These regulations affect all elements of our community-our struggling economy, our investors and employers, our entire workforce, and our senior citizens,” said Fitial in a statement.
The CNMI, through counsel Jenner and Block LLP, filed the supplemental memorandum on Oct. 30, 2009, before the U.S. District Court for the District of Columbia. Howard P. Willens, special legal counsel to Fitial, also signed the memorandum. The U.S. government did not oppose the filing.
According to the CNMI's counsel, the interim permit rule sets forth the regulations that will govern the transition worker permit program, which is being challenged by the Commonwealth.
The Jenner and Block law firm said the defendants also issued an “interim final rule,” scheduled to go into effect on Nov. 28, 2009, that purports to extend U.S. immigration laws to the CNMI.
“The Interim Permit Rule and Interim Immigration Rule further establish why the CNMI's motion for injunctive relief should be granted,” Jenner and Block said.
First, it said, the issuance of the interim rules removes any doubt that the CNMI has standing and that its claims are “ripe.”
“Defendants have repeatedly-and incorrectly-argued that the CNMI's claims were speculative and unripe because regulations implementing the [Consolidated Natural Resources] Act had not been issued,” the law firm said. The CNRA contains the law that extends federal labor and immigration laws to the CNMI.
Second, Jenner and Block said, the interim rules demonstrate that the CNMI accurately portrayed the Act's consequences upon the CNMI, and that these consequences far exceed the bounds of Congress' authority to regulate the CNMI under the Covenant.
The interim permit rule, the law firm said, creates a scheme for issuing a new CNMI-only transitional worker permit (CW permits) to foreign workers in the CNMI. Under the rule, DHS-and not the CNMI-shall decide which employers shall obtain CW permits for which workers.
“This regulatory scheme ousts local control over two-thirds of the Commonwealth's private-sector workforce, dictates the ultimate removal of that population from the CNMI, and barely recognizes, much less accommodates, the devastating economic consequences this will have upon the Commonwealth,” Jenner and Block said.
The law firm said the manner in which DHS issued the interim rules further confirms the injuries to local self-government that are being made under the purported authority of the Act.
Jenner and Block noted that, although the CNRA was enacted nearly 18 months ago, DHS waited to issue the interim rules just 31 days before the Act's effective date.
DHS did not provide notice and did not allow comments from the CNMI and others in the Commonwealth affected by these regulations, the law firm said.
“This is a blatant violation of the Administrative Procedure Act, and the Commonwealth is preparing papers, which it hopes to file early next week, seeking leave to amend its complaint to add a claim challenging this violation of the APA and seeking emergency injunctive relief and expedited briefing,” the law firm added.
Jenner and Block pointed out that these are regulations that over the next two to five years will wipe out two-thirds of the CNMI's private sector workforce.
“The defendants have promulgated these rules by the force of central fiat from bureaucrats in Washington D.C., with no local input or transparency whatsoever, with not even an effort to solicit comments from the people most affected,” the law firm said.
In his comment, Fitial said DHS urged dismissal of the CNMI's lawsuit because “DHS has not announced rules or regulations” and that therefore the Commonwealth “has no idea what the transitional period visa program will provide, who will be eligible, or what impact it will have on foreign workers.”
“I believe that these new regulations dramatically support our contentions that the 'labor provisions' of the law violate our right of self-government guaranteed by the Covenant,” Fitial said.
The governor said they want the court to consider these regulations before reaching a final decision on the CNMI's motion for a preliminary injunction.
Fitial said DHS published the interim final rule without complying with the notice and comment provisions of APA.
“The people of the Commonwealth have the right under this Act to participate in the rulemaking process and to have their comments considered carefully and openly by the department before any final regulations are issued 30 days before their effective date,” Fitial said.
NMI FILES SUPPLEMENTAL ARGUMENTS
Monday, November 02, 2009
By Ferdie de la Torre
Reporter
The CNMI government has filed a supplemental memorandum supporting its motion for a preliminary injunction against federalization by citing the Department of Homeland Security's publication of its interim final rule.
Gov. Benigno R. Fitial said yesterday the “interim final rule” was a violation of the Administrative Procedure Act, so he asked his lawyers to challenge it.
“These regulations affect all elements of our community-our struggling economy, our investors and employers, our entire workforce, and our senior citizens,” said Fitial in a statement.
The CNMI, through counsel Jenner and Block LLP, filed the supplemental memorandum on Oct. 30, 2009, before the U.S. District Court for the District of Columbia. Howard P. Willens, special legal counsel to Fitial, also signed the memorandum. The U.S. government did not oppose the filing.
According to the CNMI's counsel, the interim permit rule sets forth the regulations that will govern the transition worker permit program, which is being challenged by the Commonwealth.
The Jenner and Block law firm said the defendants also issued an “interim final rule,” scheduled to go into effect on Nov. 28, 2009, that purports to extend U.S. immigration laws to the CNMI.
“The Interim Permit Rule and Interim Immigration Rule further establish why the CNMI's motion for injunctive relief should be granted,” Jenner and Block said.
First, it said, the issuance of the interim rules removes any doubt that the CNMI has standing and that its claims are “ripe.”
“Defendants have repeatedly-and incorrectly-argued that the CNMI's claims were speculative and unripe because regulations implementing the [Consolidated Natural Resources] Act had not been issued,” the law firm said. The CNRA contains the law that extends federal labor and immigration laws to the CNMI.
Second, Jenner and Block said, the interim rules demonstrate that the CNMI accurately portrayed the Act's consequences upon the CNMI, and that these consequences far exceed the bounds of Congress' authority to regulate the CNMI under the Covenant.
The interim permit rule, the law firm said, creates a scheme for issuing a new CNMI-only transitional worker permit (CW permits) to foreign workers in the CNMI. Under the rule, DHS-and not the CNMI-shall decide which employers shall obtain CW permits for which workers.
“This regulatory scheme ousts local control over two-thirds of the Commonwealth's private-sector workforce, dictates the ultimate removal of that population from the CNMI, and barely recognizes, much less accommodates, the devastating economic consequences this will have upon the Commonwealth,” Jenner and Block said.
The law firm said the manner in which DHS issued the interim rules further confirms the injuries to local self-government that are being made under the purported authority of the Act.
Jenner and Block noted that, although the CNRA was enacted nearly 18 months ago, DHS waited to issue the interim rules just 31 days before the Act's effective date.
DHS did not provide notice and did not allow comments from the CNMI and others in the Commonwealth affected by these regulations, the law firm said.
“This is a blatant violation of the Administrative Procedure Act, and the Commonwealth is preparing papers, which it hopes to file early next week, seeking leave to amend its complaint to add a claim challenging this violation of the APA and seeking emergency injunctive relief and expedited briefing,” the law firm added.
Jenner and Block pointed out that these are regulations that over the next two to five years will wipe out two-thirds of the CNMI's private sector workforce.
“The defendants have promulgated these rules by the force of central fiat from bureaucrats in Washington D.C., with no local input or transparency whatsoever, with not even an effort to solicit comments from the people most affected,” the law firm said.
In his comment, Fitial said DHS urged dismissal of the CNMI's lawsuit because “DHS has not announced rules or regulations” and that therefore the Commonwealth “has no idea what the transitional period visa program will provide, who will be eligible, or what impact it will have on foreign workers.”
“I believe that these new regulations dramatically support our contentions that the 'labor provisions' of the law violate our right of self-government guaranteed by the Covenant,” Fitial said.
The governor said they want the court to consider these regulations before reaching a final decision on the CNMI's motion for a preliminary injunction.
Fitial said DHS published the interim final rule without complying with the notice and comment provisions of APA.
“The people of the Commonwealth have the right under this Act to participate in the rulemaking process and to have their comments considered carefully and openly by the department before any final regulations are issued 30 days before their effective date,” Fitial said.
Hundreds attend federalization forum
Hundreds attend federalization forum
Re-entry to NMI tops concerns of alien workers
Monday, November 02, 2009
By Ferdie de la Torre
Reporter
Hundreds of alien workers of different nationalities showed up at a public forum on the Department of Homeland Security's interim final rule on the CNMI transitional worker program, held Friday night at the American Memorial Park.
Janna Evans, the U.S. Citizenship and Immigration Services community outreach regional lead, kicked off the forum with a PowerPoint presentation on the interim final rule. David G. Gulik, district director of the USCIS for Hawaii, Guam and the CNMI, answered questions from the audience.
After the forum, Evans and Gulik responded to individual queries, as many workers milled around them on the stage, asking more questions and sharing their personal experiences and problems in obtaining U.S. visas, among other issues.
Majority of concerns raised is the difficulty of getting visas from U.S. embassies or consulates in their home countries and questions about re-entering the CNMI using a B1 or B2 visa (tourist visa). Evans noted that the issue was asked six times in six different ways.
“If you have a CNMI umbrella permit and B1/B2 visa and you leave and you go somewhere-anywhere, any country in the world-and you want to come back to the CNMI to resume your life and your work, you must have a valid visa,” Evans said.
A B1 or B2 visa, she said, does not allow the holder to work.
Evans said if the alien worker knows that he or she is going to leave the CNMI, he or she needs to work with the employer to get a CW1 status (CNMI-only transitional worker).
“If you know you're not going to leave for two years, no problem,” Evans said, adding that the CNMI-issued two-year “umbrella permits” will cover them.
She stressed that it is very important for alien workers who have a CW1 visa and want to leave the CNMI to get a CW1 visa from the U.S. embassy or U.S. consulate in their respective countries so that they can return and work in the CNMI.
“The B1/B2 [visa] will not put you in lawful status to work,” Evans said.
Gulik explained to workers that visas are issued only outside the U.S.
“A visa is not a status. A visa is a permit to allow you to come to the U.S.,” Gulik said.
Even if a CWI status is already given to a worker in the CNMI, it is not a guarantee that the U.S. embassy in the worker's country will issue a CW1 visa in order for him or her to come back to work, he added.
“We hope that the State Department will give a lot of faith to the fact that we gave you a CW1,” Gulik said.
If a worker uses a B1/B2 visa to come back to the CNMI to resume his or her work, the worker will be violating the law because he or she is entering as a tourist, he said.
“When you come back to the CNMI, you should show what are you are going to do here. We don't want you to be in trouble,” he said.
Rabby Syed, president of the United Workers Movement Inc., said the forum was very informative and educational as people had lots of questions.
Just like in other forums about the interim final rule, the main concern was about the workers going to their country of origin and the need to have a U.S. visa in coming back, Syed said.
“And that is very hard [to get],” Syed said.
He said DHS should come up with some sort of remedy.
“Maybe they can issue a visa from here based on that CW1 so that the workers can easily go to their country for a short vacation and come back,” he said.
Syed said their group would be holding a meeting to discuss the interim final rule.
Fil Taga president Mike Cruz said that, although the forum was informative, there are still a lot of areas that need further discussion, particularly on the question of Immediate Relative status and the B1/B2 visa.
Re-entry to NMI tops concerns of alien workers
Monday, November 02, 2009
By Ferdie de la Torre
Reporter
Hundreds of alien workers of different nationalities showed up at a public forum on the Department of Homeland Security's interim final rule on the CNMI transitional worker program, held Friday night at the American Memorial Park.
Janna Evans, the U.S. Citizenship and Immigration Services community outreach regional lead, kicked off the forum with a PowerPoint presentation on the interim final rule. David G. Gulik, district director of the USCIS for Hawaii, Guam and the CNMI, answered questions from the audience.
After the forum, Evans and Gulik responded to individual queries, as many workers milled around them on the stage, asking more questions and sharing their personal experiences and problems in obtaining U.S. visas, among other issues.
Majority of concerns raised is the difficulty of getting visas from U.S. embassies or consulates in their home countries and questions about re-entering the CNMI using a B1 or B2 visa (tourist visa). Evans noted that the issue was asked six times in six different ways.
“If you have a CNMI umbrella permit and B1/B2 visa and you leave and you go somewhere-anywhere, any country in the world-and you want to come back to the CNMI to resume your life and your work, you must have a valid visa,” Evans said.
A B1 or B2 visa, she said, does not allow the holder to work.
Evans said if the alien worker knows that he or she is going to leave the CNMI, he or she needs to work with the employer to get a CW1 status (CNMI-only transitional worker).
“If you know you're not going to leave for two years, no problem,” Evans said, adding that the CNMI-issued two-year “umbrella permits” will cover them.
She stressed that it is very important for alien workers who have a CW1 visa and want to leave the CNMI to get a CW1 visa from the U.S. embassy or U.S. consulate in their respective countries so that they can return and work in the CNMI.
“The B1/B2 [visa] will not put you in lawful status to work,” Evans said.
Gulik explained to workers that visas are issued only outside the U.S.
“A visa is not a status. A visa is a permit to allow you to come to the U.S.,” Gulik said.
Even if a CWI status is already given to a worker in the CNMI, it is not a guarantee that the U.S. embassy in the worker's country will issue a CW1 visa in order for him or her to come back to work, he added.
“We hope that the State Department will give a lot of faith to the fact that we gave you a CW1,” Gulik said.
If a worker uses a B1/B2 visa to come back to the CNMI to resume his or her work, the worker will be violating the law because he or she is entering as a tourist, he said.
“When you come back to the CNMI, you should show what are you are going to do here. We don't want you to be in trouble,” he said.
Rabby Syed, president of the United Workers Movement Inc., said the forum was very informative and educational as people had lots of questions.
Just like in other forums about the interim final rule, the main concern was about the workers going to their country of origin and the need to have a U.S. visa in coming back, Syed said.
“And that is very hard [to get],” Syed said.
He said DHS should come up with some sort of remedy.
“Maybe they can issue a visa from here based on that CW1 so that the workers can easily go to their country for a short vacation and come back,” he said.
Syed said their group would be holding a meeting to discuss the interim final rule.
Fil Taga president Mike Cruz said that, although the forum was informative, there are still a lot of areas that need further discussion, particularly on the question of Immediate Relative status and the B1/B2 visa.
Wednesday, October 21, 2009
Fitial says feds should clear ambiguities regarding transition phase
Fitial says feds should clear ambiguities regarding transition phase
Thursday, 22 October 2009 00:00 By Gemma Q. Casas - Reporter
GOVERNOR Benigno R. Fitial says he looks forward to his meeting with visiting U.S. Department of Homeland Security as there are “a lot of ambiguities” regarding U.S. immigration rules that will be implemented here starting on Nov. 28.
The DHS officials are scheduled to meet with local lawmakers this morning and will separately hold talks with Fitial.
“I plan to talk with them about the adverse effects of the federalization law. The regulations that have been issued are not in our interest. They are taking away our investors, our tourists, the Chinese and Russian tourists, as well as our foreign students,” the governor told the Variety.
“There must be a balance in trying to protect our borders without getting rid of our resources,” he added.
Fitial said he sees the visit as an opportunity to raise his administration’s concerns.
He also expressed hope that the U.S. District Court for the District of Columbia, where he filed a lawsuit against the federalization law, would rule in the CNMI’s favor.
“I strongly believe that this is not right [the federalization law]. You don’t see this happening in California. We are being mistreated. We don’t need them to come here and tell us what is best for us,” he added.
Thursday, 22 October 2009 00:00 By Gemma Q. Casas - Reporter
GOVERNOR Benigno R. Fitial says he looks forward to his meeting with visiting U.S. Department of Homeland Security as there are “a lot of ambiguities” regarding U.S. immigration rules that will be implemented here starting on Nov. 28.
The DHS officials are scheduled to meet with local lawmakers this morning and will separately hold talks with Fitial.
“I plan to talk with them about the adverse effects of the federalization law. The regulations that have been issued are not in our interest. They are taking away our investors, our tourists, the Chinese and Russian tourists, as well as our foreign students,” the governor told the Variety.
“There must be a balance in trying to protect our borders without getting rid of our resources,” he added.
Fitial said he sees the visit as an opportunity to raise his administration’s concerns.
He also expressed hope that the U.S. District Court for the District of Columbia, where he filed a lawsuit against the federalization law, would rule in the CNMI’s favor.
“I strongly believe that this is not right [the federalization law]. You don’t see this happening in California. We are being mistreated. We don’t need them to come here and tell us what is best for us,” he added.
Monday, October 19, 2009
US Customs executives on operational visit to Saipan
US Customs executives on operational visit to Saipan
Tuesday, October 20, 2009
By Haidee V. Eugenio
Reporter
Seven top officials of the U.S. Department of Homeland Security's Customs and Border Protection will be arriving on Saipan Wednesday night for an “operational visit,” barely five weeks before the Nov. 28 federal takeover of CNMI immigration.
DHS, along with its component agencies, is required to staff and equip six ports of entry in the CNMI by Nov. 28 as required by Public Law 110-229 or the federalization law.
The visiting federal officials are led by CBP Assistant Commissioner for the Office of Field Operations Thomas S. Winkowski, and CBP Assistant Commissioner for the Office of Information Technology Charles Armstrong.
Also visiting are David Morrell, executive director of the Office of Field Operations' Mission Support; Cheryl Peters, program manager of the Office of Field Operations; Richard Vigna, director of Field Operations in San Francisco; Bruce Murley, area port director in Honolulu, Hawaii; and Rocky Miner, port director in Guam.
Issues raised
While on Saipan, the federal team will be meeting with Gov. Benigno R. Fitial, members of the 16th Legislature, and representatives of CNMI agencies, including the Commonwealth Ports Authority, the Division of Immigration, and the CNMI Division of Customs Services.
“I welcome the visit of DHS officials and look forward to learning more about their plans to smoothly transition into federalization,” Gov. Benigno R. Fitial said in a statement.
In a telephone interview yesterday, Senate President Pete P. Reyes (R-Saipan) said among the concerns he will raise with the federal team are the CNMI's continued access to Russian and Chinese tourists without requiring them to secure a U.S. visa, as well as any plan by DHS not to separate families, including non-U.S. citizens who are married to U.S. citizens or Federated States of Micronesia citizens.
House Foreign and Federal Relations Committee chair Rep. Diego T. Benavente (R-Saipan) said he will raise the yet-to-be-issued CNMI-only transitional worker program regulations, and the visa waiver program that excludes Chinese and Russian tourists.
“There are lots of uncertainties and concerns about federalization and we hope these visiting officials will clarify those for us,” Benavente said.
More meetings
DHS is the lead agency to implement the federalization law in the CNMI. In an earlier response to a U.S. legislative inquiry, DHS said it will “fully” staff and fully equip the six ports of entry in the CNMI through Fiscal Year 2011, and not by Nov. 28, 2009.
Press secretary Charles Reyes said the visiting federal officials also plan to meet briefly with CPA and Customs officials, as well as tour the Saipan International Airport, the Port of Saipan, and immigration facilities.
“The DHS officials also plan to meet with federal agency representatives in the CNMI and assess island infrastructure facilities, including potential employee accommodations. Representatives of many of the concerned CNMI agencies will be present at the initial meeting between the visiting officials and Governor Fitial,” he added.
The press secretary also said that representatives from the Office of the Governor discussed this trip with DHS' Customs and Border Protection in Washington, D.C. a few weeks ago.
“Over the past week, the Fitial administration has been discussing the agenda for this 'operational visit' of these top CBP officials,” said Reyes.
Delay
Fitial, Delegate Gregorio Kilili C. Sablan and other CNMI officials support a delay in the implementation of the federalization law in the CNMI, primarily citing DHS' lack of preparations to control CNMI borders on Nov. 28.
DHS Secretary Janet Napolitano delayed the original implementation date of June 1, 2009 by 180 days, the maximum allowed by law.
In September, DHS provided answers to the U.S. House Committee on Natural Resources chaired by Rep. Nick J. Rahall II (D-WV) on questions posed in May, including data on the department's expected spending of at least $112.4 million to implement the federalization law in the CNMI using a three-phased approach until FY 2011.
DHS had said that since the facilities and infrastructure currently used by the U.S. Citizenship and Immigration Services are inadequate to support CBP operations, DHS will be taking a phased approach to implement the standard infrastructure, information technology, and permanent staffing requirements in the CNMI.
“These requirements include ensuring an adequate power supply at CBP facilities, IT circuitry, cabling and equipment, construction of new and improvement of the existing facilities, physical security (both interior and exterior) and access control, standard maintenance and cleaning, firing range access for uniformed CBP officers, standard CBP signage, and adequate supplies of potable water,” DHS said.
Tuesday, October 20, 2009
By Haidee V. Eugenio
Reporter
Seven top officials of the U.S. Department of Homeland Security's Customs and Border Protection will be arriving on Saipan Wednesday night for an “operational visit,” barely five weeks before the Nov. 28 federal takeover of CNMI immigration.
DHS, along with its component agencies, is required to staff and equip six ports of entry in the CNMI by Nov. 28 as required by Public Law 110-229 or the federalization law.
The visiting federal officials are led by CBP Assistant Commissioner for the Office of Field Operations Thomas S. Winkowski, and CBP Assistant Commissioner for the Office of Information Technology Charles Armstrong.
Also visiting are David Morrell, executive director of the Office of Field Operations' Mission Support; Cheryl Peters, program manager of the Office of Field Operations; Richard Vigna, director of Field Operations in San Francisco; Bruce Murley, area port director in Honolulu, Hawaii; and Rocky Miner, port director in Guam.
Issues raised
While on Saipan, the federal team will be meeting with Gov. Benigno R. Fitial, members of the 16th Legislature, and representatives of CNMI agencies, including the Commonwealth Ports Authority, the Division of Immigration, and the CNMI Division of Customs Services.
“I welcome the visit of DHS officials and look forward to learning more about their plans to smoothly transition into federalization,” Gov. Benigno R. Fitial said in a statement.
In a telephone interview yesterday, Senate President Pete P. Reyes (R-Saipan) said among the concerns he will raise with the federal team are the CNMI's continued access to Russian and Chinese tourists without requiring them to secure a U.S. visa, as well as any plan by DHS not to separate families, including non-U.S. citizens who are married to U.S. citizens or Federated States of Micronesia citizens.
House Foreign and Federal Relations Committee chair Rep. Diego T. Benavente (R-Saipan) said he will raise the yet-to-be-issued CNMI-only transitional worker program regulations, and the visa waiver program that excludes Chinese and Russian tourists.
“There are lots of uncertainties and concerns about federalization and we hope these visiting officials will clarify those for us,” Benavente said.
More meetings
DHS is the lead agency to implement the federalization law in the CNMI. In an earlier response to a U.S. legislative inquiry, DHS said it will “fully” staff and fully equip the six ports of entry in the CNMI through Fiscal Year 2011, and not by Nov. 28, 2009.
Press secretary Charles Reyes said the visiting federal officials also plan to meet briefly with CPA and Customs officials, as well as tour the Saipan International Airport, the Port of Saipan, and immigration facilities.
“The DHS officials also plan to meet with federal agency representatives in the CNMI and assess island infrastructure facilities, including potential employee accommodations. Representatives of many of the concerned CNMI agencies will be present at the initial meeting between the visiting officials and Governor Fitial,” he added.
The press secretary also said that representatives from the Office of the Governor discussed this trip with DHS' Customs and Border Protection in Washington, D.C. a few weeks ago.
“Over the past week, the Fitial administration has been discussing the agenda for this 'operational visit' of these top CBP officials,” said Reyes.
Delay
Fitial, Delegate Gregorio Kilili C. Sablan and other CNMI officials support a delay in the implementation of the federalization law in the CNMI, primarily citing DHS' lack of preparations to control CNMI borders on Nov. 28.
DHS Secretary Janet Napolitano delayed the original implementation date of June 1, 2009 by 180 days, the maximum allowed by law.
In September, DHS provided answers to the U.S. House Committee on Natural Resources chaired by Rep. Nick J. Rahall II (D-WV) on questions posed in May, including data on the department's expected spending of at least $112.4 million to implement the federalization law in the CNMI using a three-phased approach until FY 2011.
DHS had said that since the facilities and infrastructure currently used by the U.S. Citizenship and Immigration Services are inadequate to support CBP operations, DHS will be taking a phased approach to implement the standard infrastructure, information technology, and permanent staffing requirements in the CNMI.
“These requirements include ensuring an adequate power supply at CBP facilities, IT circuitry, cabling and equipment, construction of new and improvement of the existing facilities, physical security (both interior and exterior) and access control, standard maintenance and cleaning, firing range access for uniformed CBP officers, standard CBP signage, and adequate supplies of potable water,” DHS said.
Monday, October 12, 2009
NMI to dismantle immigration system
NMI to dismantle immigration system
Monday, 12 October 2009 00:00 By Gemma Q. Casas - Variety News Staff
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THE local Division of Immigration will end its operations once U.S. immigration laws are extended to the islands on Nov. 28.
An undetermined number of local immigration and labor employees will be displaced in the process.
Those working for the local customs and quarantine, however, are spared because the federalization statute, under U.S. P.L. 110-229 or the Consolidated Natural Resources Act of 2008, did not federalize customs or quarantine.
“The immigration laws with respect to entry and removal now enforced by the employees of the CNMI Immigration Division will be preempted by federal law on Nov. 28. Thereafter, the commonwealth will dismantle its Immigration Division,” states the 47-page Commonwealth’s Protocol for the Implementation of P.L. 110-229 prepared by the governor’s special legal counsel, Howard P. Willens, and the Office of the Attorney General.
The protocol will be observed for 90 days to ensure the smooth transition to federal immigration law.
Adjustments, however, will be made if the governor wins the lawsuit he filed in the U.S. District Court for the District of Columbia, challenging the labor related provisions of U.S.P.L. 110-229.
Although there was a policy statement under such law that local immigration employees should be absorbed and considered for vacancies under the federally administered CNMI immigration system, many anticipate they will lose their jobs.
The Department of Homeland Security and Customs and Border Protection have not hired a single U.S. citizen from the local population in the CNMI in the 18 months since the enactment of the law, Willens stated in the protocol.
“It has not relaxed its age standard in order to accommodate experienced commonwealth immigration employees over the age of 37; and it has used standardized tests to measure the value that a prospective employee from the CNMI Immigration Division might bring to the performance of the functions performed by Customs and Border Protection at the ports of entry regardless of the practical on-the-job experience of that employee,” Willens added.
“These two requirements have effectively excluded Immigration Division employees from employment with CBP. This leaves the commonwealth with the entire burden of assisting these immigration employees in seeking new employment,” he said.
The CNMI Legislature has passed legislation giving preference for the would-be displaced local immigration employees to fill in current vacancies in the local government.
The Office of the Personnel Management was also directed to keep a list and e-mail addresses of those who may need employment assistance.
Willens said U.S. P.L. 110-229 states that technical assistance will be provided to the commonwealth, but there are no funds for this mandate and the U.S. Department of the Interior has very limited technical assistance funding available.
He said the CNMI Department of Labor is planning to submit an application from its U.S. counterpart to provide each local immigration employee who desires retraining with two years of financial support plus training costs.
Protection for local labor employees is also being sought.
“The commonwealth will make all possible efforts to ensure that current Labor Department employees will not be displaced. Current employees will be retrained to the extent necessary,” said Willens.
Monday, 12 October 2009 00:00 By Gemma Q. Casas - Variety News Staff
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THE local Division of Immigration will end its operations once U.S. immigration laws are extended to the islands on Nov. 28.
An undetermined number of local immigration and labor employees will be displaced in the process.
Those working for the local customs and quarantine, however, are spared because the federalization statute, under U.S. P.L. 110-229 or the Consolidated Natural Resources Act of 2008, did not federalize customs or quarantine.
“The immigration laws with respect to entry and removal now enforced by the employees of the CNMI Immigration Division will be preempted by federal law on Nov. 28. Thereafter, the commonwealth will dismantle its Immigration Division,” states the 47-page Commonwealth’s Protocol for the Implementation of P.L. 110-229 prepared by the governor’s special legal counsel, Howard P. Willens, and the Office of the Attorney General.
The protocol will be observed for 90 days to ensure the smooth transition to federal immigration law.
Adjustments, however, will be made if the governor wins the lawsuit he filed in the U.S. District Court for the District of Columbia, challenging the labor related provisions of U.S.P.L. 110-229.
Although there was a policy statement under such law that local immigration employees should be absorbed and considered for vacancies under the federally administered CNMI immigration system, many anticipate they will lose their jobs.
The Department of Homeland Security and Customs and Border Protection have not hired a single U.S. citizen from the local population in the CNMI in the 18 months since the enactment of the law, Willens stated in the protocol.
“It has not relaxed its age standard in order to accommodate experienced commonwealth immigration employees over the age of 37; and it has used standardized tests to measure the value that a prospective employee from the CNMI Immigration Division might bring to the performance of the functions performed by Customs and Border Protection at the ports of entry regardless of the practical on-the-job experience of that employee,” Willens added.
“These two requirements have effectively excluded Immigration Division employees from employment with CBP. This leaves the commonwealth with the entire burden of assisting these immigration employees in seeking new employment,” he said.
The CNMI Legislature has passed legislation giving preference for the would-be displaced local immigration employees to fill in current vacancies in the local government.
The Office of the Personnel Management was also directed to keep a list and e-mail addresses of those who may need employment assistance.
Willens said U.S. P.L. 110-229 states that technical assistance will be provided to the commonwealth, but there are no funds for this mandate and the U.S. Department of the Interior has very limited technical assistance funding available.
He said the CNMI Department of Labor is planning to submit an application from its U.S. counterpart to provide each local immigration employee who desires retraining with two years of financial support plus training costs.
Protection for local labor employees is also being sought.
“The commonwealth will make all possible efforts to ensure that current Labor Department employees will not be displaced. Current employees will be retrained to the extent necessary,” said Willens.
DFS wants to discuss feds’ space needs at airport
DFS wants to discuss feds’ space needs at airport
Monday, 12 October 2009 00:00 By Andrew O. De Guzman - Variety News Staff
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DPS Saipan management wants to discuss with the Commonwealth Ports Authority the “adverse impact” of the U.S. Department of Homeland Security’s space requirements when U.S. immigration law takes effect in the CNMI on Nov. 28.
CPA forwarded DFS’s request to the governor’s special legal counsel Howard Willens.
“Attorney Willens communicated that [U.S. Customs and Border Protection] is not insisting that the space leased by DFS be made available by Nov. 28, 2009,” then-CPA Executive Director Efrain Camacho told DFS president Marian Aldan Pierce in a letter.
“In any event, the governor has made it clear that the commonwealth will not support or direct termination of the lease,” Camacho said.
DFS is paying CPA about $19,000 a month for the lease.
Press Secretary Charles Reyes Jr., in an e-mail to the Variety, said: “The governor’s staff is in close contact with DHS and CBP. We are working to achieve the smoothest transition possible and we expect more CBP officials to arrive later this month to continue our coordinated efforts to achieve the best possible outcomes for investors, workers, and all community stakeholders, as we transition into new and unprecedented federal immigration rules for the CNMI.”
In her letter to the CPA after they were informed of the federal authorities’ space requirements at the Saipan airport, Pierce said among the spaces identified by CBP is the warehouse space covering over 15,000 square feet of the terminal building’s airport and currently leased to DFS.
“Currently, DFS uses the space for storage of merchandise for our airport concession, offices and employee lounge for airport shop employees, including employee restroom facilities,” Pierce informed CPA.
“DFS is not without remedies under the concession agreement,” Pierce added.
These include consulting DFS, “fully compensating” the company or providing “suitable and comparable” facilities to replace the lost warehouse space under the agreement, she said.
“DFS hereby requests that we immediately commence consultations to determine how best to minimize the adverse impact the demands on DHS will have on our business and operations,” Pierce said.
Before he resigned as CPA’s executive director, Camacho told CBP San Francisco Field Office Operations Director Richard Vigna that the space requirements at the CNMI airports and seaports have “spawned great concerns.”
Monday, 12 October 2009 00:00 By Andrew O. De Guzman - Variety News Staff
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DPS Saipan management wants to discuss with the Commonwealth Ports Authority the “adverse impact” of the U.S. Department of Homeland Security’s space requirements when U.S. immigration law takes effect in the CNMI on Nov. 28.
CPA forwarded DFS’s request to the governor’s special legal counsel Howard Willens.
“Attorney Willens communicated that [U.S. Customs and Border Protection] is not insisting that the space leased by DFS be made available by Nov. 28, 2009,” then-CPA Executive Director Efrain Camacho told DFS president Marian Aldan Pierce in a letter.
“In any event, the governor has made it clear that the commonwealth will not support or direct termination of the lease,” Camacho said.
DFS is paying CPA about $19,000 a month for the lease.
Press Secretary Charles Reyes Jr., in an e-mail to the Variety, said: “The governor’s staff is in close contact with DHS and CBP. We are working to achieve the smoothest transition possible and we expect more CBP officials to arrive later this month to continue our coordinated efforts to achieve the best possible outcomes for investors, workers, and all community stakeholders, as we transition into new and unprecedented federal immigration rules for the CNMI.”
In her letter to the CPA after they were informed of the federal authorities’ space requirements at the Saipan airport, Pierce said among the spaces identified by CBP is the warehouse space covering over 15,000 square feet of the terminal building’s airport and currently leased to DFS.
“Currently, DFS uses the space for storage of merchandise for our airport concession, offices and employee lounge for airport shop employees, including employee restroom facilities,” Pierce informed CPA.
“DFS is not without remedies under the concession agreement,” Pierce added.
These include consulting DFS, “fully compensating” the company or providing “suitable and comparable” facilities to replace the lost warehouse space under the agreement, she said.
“DFS hereby requests that we immediately commence consultations to determine how best to minimize the adverse impact the demands on DHS will have on our business and operations,” Pierce said.
Before he resigned as CPA’s executive director, Camacho told CBP San Francisco Field Office Operations Director Richard Vigna that the space requirements at the CNMI airports and seaports have “spawned great concerns.”
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