Fitial: No hope for jobless aliens

MONDAY, OCTOBER 17, 2011 12:00AM BY EMMANUEL T. EREDIANO - REPORTER FROM MARIANAS VARIETY

THE federalization of local immigration has made it worse for nonresidents especially the jobless who have now become “overstayers,”Gov. Benigno R. Fitial said on Friday.

“You and I know what is really happening. A lot of nonresidents are not working because they don’t have jobs,” he told reporters. “They are here because they still believe that there is still hope at the end of the tunnel,” he added referring to the nonresidents’ plea for improved status.

He said his administration has tried to tell nonresidents from the very beginning that it’s not going to happen.

“But nobody wants to believe me,” he added. “They are stubborn because they believe in someone. They should believe in something that is right, not in someone.” He did not say who that “someone” is.

The U.S. Congress, where lawmakers are “fighting over 12 million [illegal aliens] in the states, “is not stupid to entertain a few thousand [aliens in the CNMI],” he added.

“But I don’t blame them. Now, we have a lot of not only illegal overstayers but also unemployed overstayers,” he said.

He said his administration has the “numbers,” but these do not include those who came here pregnant.

“A lot of these people came in pregnant, just to deliver babies and become immediate relatives — we don’t know them. But we know they exist because they produce babies,” he added.

The governor said he continues to urge U.S. Immigration and Customs Enforcement to start going after overstayers in the CNMI.

He said he asked ICE, “what is this policy that you cannot enforce on overstayers?”

Asked if he agrees with Lt. Gov. Eloy S. Inos who wants to give jobless aliens a 60-day grace period after the expiration of their umbrella permits on Nov. 27, Fitial said a lot of them have already been going home or preparing to go home because “they themselves know that they can’t have it.”

Visiting U.S. Interior Assistant Secretary Tony Babauta said beyond the report they were mandated by the federalization law to submit, they have sent no other communication to the U.S. Congress regarding the nonresidents in the CNMI.

Interior recommended improved status for qualified nonresidents, but no such bill has been introduced in the U.S. Congress.

Congressman Gregorio Kilili Camacho Sablan introduced H.R. 1466, but it grants CNMI-status only to certain nonresidents.

In related news, Fitial said his administration will come up this month with a directive that will allow U.S. citizens to continue hiring their caregivers.

He said the federal government has agreed to such an idea to address “one of those Johnny-come-lately issues” that was raised prior to the release of the transitional worker rule.

The governor said he has asked the Legislature for other suggestions regarding his proposed directive.

Fitial admitted he is also affected by the issue because he needs caregivers.

“I used to have two but now, I only have one,” he added.

Columbus Day Questions

On this Columbus Day, let's consider the discrepancy between how newcomers are celebrated in our history but ostracized in our society.

By Sara Joseph from Otherworlds.com

Many of us will never forget that famous elementary school rhyme: "In fourteen hundred ninety-two / Columbus sailed the ocean blue." At the time, it's not likely that we would have sensed any looming controversy behind those grade school lessons. With Columbus Day just around the corner, however, it's worth asking whether affection for the holiday is really a serious case of misguided nostalgia.

Columbus Day celebrates the "discovery" of the Americas. But it's clear that the continent had already been inhabited by well-established indigenous communities.

The people who already lived in the region welcomed the first European immigrants with curiosity and open hearts and minds. But it soon became clear that the explorers sent by European royalty had come to dominate, defeat, and destroy.

Christopher Columbus.

On October 12, 1492, Columbus wrote of the native people he encountered: "They should be good servants…they can all be subjugated and made to do what is required of them."

Columbus is credited with forging the first links between American and European civilizations. But whether the manner in which these cultures collided merits commemoration as a federal holiday is doubtful at best.

Throughout most of the Americas, schoolchildren don't remember Columbus Day with cutesy images of the Nina, Pinta, and Santa Maria. In fact, it's often called by an entirely different name: Dia de la Raza (Latin American Heritage Day). This is a way to recognize indigenous roots in the Americas. It also serves as a tribute to the lives and civilizations lost in the name of slavery and European expansion — beginning with Columbus' arrival in 1492.

Today, Latin American and Caribbean schoolchildren that migrate to the United States are unlikely to receive a hero's welcome. In fact, they are often forced to live in the shadows as their parents struggle to survive. Presidential hopeful Michele Bachmann recently went so far as to mock Rick Perry's statement that anyone with a "heart" would want to protect the rights of immigrant children to an education — even if they were brought to the United States "through no fault of their own."

Migration across what's now the U.S.-Mexican border has existed for centuries. The reality is that this history was marked by periodic shared interest in promoting immigration. But as economic and anti-narcotic policies initiated by Washington have increased pressure on Latin American people to migrate, immigration has become a hot-button issue for people across the political spectrum.

To many, the flow of immigration seems daunting. Bachmann recently proposed a solution: "Build a barrier, a fence, a wall…every mile, every yard, every foot, every inch will be covered on that southern border."

But spending billions on border militarization hasn't stopped undocumented migration. In fact, one of the only notable outcomes of beefing up the border has been more death, danger, and lives lost in the desert.

Ideally, every October we would celebrate the coming together of the cultures of the Americas. Sadly, the legacy of cultural domination and separation continues with border militarization as a tenet of our foreign policy.

According to President Barack Obama, it is Columbus' "intrepid character and spirit of possibility that has come to define America, and is the reason countless families still journey to our shores."

To whom is Obama referring if not the immigrants who come to the United States for a chance to support their families? On this Columbus Day, let's consider the discrepancy between how newcomers are celebrated in our history but ostracized in our society — and what we can learn from a modern analysis of Columbus' story.

NMI immigration officers say they may sue govt

NMI immigration officers say they may sue govt

Wednesday, January 06, 2010
By Haidee V. Eugenio

Now jobless, at least six long-time civil service employees of the newly-closed CNMI Division of Immigration are weighing their options that may include suing the government for leaving them in limbo.

Roman M. Tudela Jr., who serves as spokesperson of the group, said they were not given an opportunity to transfer to other local agencies or to file for retirement.

“We would like to give the government until today to answer my letter about the closing of the Immigration office. We are not asking for more. Filing a lawsuit is our last resort. We would like to settle this matter as peaceful as possible,” Tudela told Saipan Tribune in a phone interview yesterday.

Tudela worked at the CNMI Division of Immigration for over 19 years.

He wrote a letter to Attorney General Edward T. Buckingham on Jan. 4, a few days after Buckingham issued a memorandum officially stating that the CNMI Division of Immigration has ceased operations.

The office closure came a little over a month since the federal government took over control of CNMI immigration on Nov. 28 pursuant to U.S. Public Law 110-229 or the Consolidated Natural Resources Act.

Tudela said while the attorney general's memo mentioned that the office “has finally come to a conclusion,” he said he is “still in limbo on the status of my employment.”

“There are about five other long-time civil service employees who were never formally informed of our future in the CNMI government after such closure of DOI,” Tudela told Buckingham.

As of yesterday, Tudela has yet to receive a response from the attorney general.

“I understand times have been very challenging and we are all busy during this transition mode with federalization of CNMI immigration, but I feel I deserve the respect and the right to be addressed properly as CNMI government civil service employee,” Tudela said.

He also gave a copy of his letter to Gov. Benigno R. Fitial, Lt. Gov. Eloy S. Inos, House Speaker Arnold I. Palacios (R-Saipan), Senate President Pete P. Reyes (R-Saipan), and Personnel director Francisco S. Ada.

Acting press secretary Teresa Kim earlier said that the government has worked to get as many people as possible placed into alternate jobs.

She also noted ongoing meetings with CNMI immigration employees to discuss options within the government and options to retire, among other things.

Back in November, there were at least 34 remaining CNMI immigration officers with the division, but the governor said at the time that his administration is doing its best to transfer eligible employees to other local agencies such as the Department of Corrections, the Division of Customs Service, or the Labor and Immigration Identification System.

Federalization of local immigration not only marked another chapter in the CNMI's 34-year relationship with the United States, but also leaves American Samoa as the only U.S. territory that controls its own borders.

Fitial won't block 'green card'

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.

USCIS: Be careful of false advertisements

USCIS: Be careful of false advertisements

Wednesday, 09 December 2009 00:00 By Gemma Q. Casas - Reporter

OFFICIALS of the U.S. Citizenship and Immigration Services said some people may take advantage of Guest workers, foreign investors and employers gathered on Friday at American Memorial Park’s Visitors Center to listen to U.S. Citizenship and Immigration Services officials discuss federal immigration law. CNMI’s new immigration system in the wake of reports that some individuals in China are falsely claiming that foreigners can get U.S. permanent residency status or a green card in the commonwealth.

David Gulick, district director of the USCIS, said if the information sounds too good to be true, don’t believe it.

“What we want to make people aware of is when people promise you something that seems too good to be true, like everybody will get a green card on Nov. 28, don’t believe it,” he told the Variety.

Marie Thérèse Sebrechts, Department of Homeland Security-USCIS regional media manager for Southern California, Arizona, Nevada, Hawaii, Guam and the CNMI, said people should be very wary about rumors and should be alert for immigration fraud.

Her warning came after a person inquired about a false advertisement circulating in an undisclosed part of China wherein certain individuals are selling their services to assist Chinese to get into the CNMI which was described as a place where they could get a green card.

“I told that individual that’s not true,” she said.

“This can happen at a time when there’s confusion, some people will believe if someone says, ‘You pay me $5,000 or $10,000 I can get you a green card,’ ” she added.

The USCIS said there are no confirmed victims yet of the false advertisements in China.

“The message is be very careful. Please use the resources that are available. Use the .gov site. We have appointments, come in. If it sounds too good to be true, it probably is. If you want legal help hire an attorney,” Sebrechts said.

The USCIS officials also noted that all forms from their office are free and that people should only get information from the official Web sites of federal agencies.

“All U.S. government web sites end in .gov. Downloading forms is free,” said Sebrechts.
Information about the CNMI’s new immigration system can be accessed at www.uscis.gov.

The USCIS said it has published the E-2 investor rule, transitional worker rule, the conforming rule, and other information materials on its CNMI Web site.

CNMI grapples with federalization

CNMI grapples with federalization

By Amritha Alladi • Pacific Daily News • December 5, 2009

Saipan's business leaders are still trying to make sense of the federalization that went into effect Saturday.

It's not that the new federal presence has caught anyone off-guard; it's that residents still are waiting to find out what the new policies are.

David Sablan, president of Century Insurance on Saipan, said the federalization was agreed upon in 1976, when the islands signed the covenant that established political ties between the CNMI and the United States. The minimum wage and right to implement U.S. immigration laws were agreed upon at that time, he said.

"It would seem logical that all the gateways of the United States must be handled by the proper agency of the U.S. government. That's mainly immigration," he said.

However, he said the business community has been operating independently for the last "twenty-something years," and that's left a lot of unknown terrain when it comes to how the business community should handle foreign labor now.

The public law has yet to be implemented as a binding regulation in the CNMI, he said.

"That's basically what we're waiting for, ... to go through legal procedure by which a regulation may become a binding regulation," Sablan said.

Jim Arenovksi, president of the Saipan Chamber of Commerce and president of the Delta Management Corp. in Saipan, said even before the shift to U.S. immigration law, economic opportunities on the island dwindled mainly because investors didn't know what to expect of the new rules.

"This has hurt any opportunities for investment in the CNMI, simply because investors have no idea of what the regulations are going to be," he said Monday. "That's what we've been dealing with the last year-and-a-half to two years. No one is coming to the CNMI until this is settled."

The upside to the federal presence on the islands is that it makes services more accessible to CNMI residents.

"Now that (U.S. immigration) is here, it is within walking distance to make an appointment and go to see them (to get an) on-the-spot opinion on any ambiguity that we are facing here today," Sablan said.

Furthermore, businesses won't be able to hire foreign workers under a CW-1 visa after the transitional period, he said. The new classifications for foreign workers won't include a CW category.

"If a person does not fit a certain visa requirement, then they'll have to leave sooner or later," he said. "What immigration is telling us is that they will issue a blanket CW-1 if you're wanted for the next two years, and within that next two-year period, they will try to fit in these various jobs into the established U.S. immigration categories," Sablan said.

But according to Arenovski, a federal judge has put a halt on federal worker regulations so that even CW visas currently don't exist, although they were supposed to as of Nov. 28. Foreign worker regulations are still "up in the air," he said.

"That's going to cause a bit of a concern in the interim period right now. We're not allowed to bring anyone into the NMI from a worker standpoint unless they fit into a federal category," Arenvoski said.

Sablan said the industries that would be most affected are hoteliers and restaurants.

"The benefit to this is that this will enable us to look at the local manpower needs and get those people trained to fit into the various vacuums that will be left by the various alien workers," Sablan added.

Another benefit is the visa waiver program that has been implemented in the CNMI as part of the federalization.

In late October, U.S. Department of Homeland Security Secretary Janet Napolitano allowed the CNMI, on a parole basis, to waive visa requirements for Russians and Chinese tourists -- two markets that generate about 20 percent of the region's tourist revenue, according to Arenovski.

He said he expects other benefits of the federalization will surface over time.

"We deal with storms and typhoons and earthquakes, we'll be able to deal with this as well," he said.

Guam exempt from H-2B cap

Guam exempt from H-2B cap

By Amritha Alladi • Pacific Daily News • December 4, 2009

Guam is now exempt from the national annual cap on the hiring of foreign workers under H-2B visas, the Guam Department of Labor announced yesterday.

However, local program filing requirements and procedures remain the same, the release stated.

Guam's exemption from the visa limit was allowed under the law that phased in U.S. immigration law in the Northern Marianas. The federal law went into effect on Nov. 28.

The same law allows Guam employers to apply -- with the Guam Department of Labor -- for a Temporary Labor Certification and authorization to import H-2B workers, said Greg Massey, Guam Labor's Alien Labor Processing and Certification Division administrator. The approval comes from the U.S. Department of Homeland Security.

Massey said the exemption from the national cap is a "good thing," because it gives employers on Guam the opportunity to file applications on a needs basis rather than trying to "jump through a window to get in the cap," he said.

Prior to Guam's exemption, applications had to be filed prior to the October and April cap openings to be considered for approval by the U.S. Department of Homeland Security. Massey said that each year about 66,000 foreign workers enter the country each year under the H-2B visas.

The new legislation was enacted to give employers the ability to temporarily meet increased manpower needs that will come as Guam ramps up for the military buildup, the release stated.

But Massey said the program's procedures and requirements have not changed.

"Does that mean people can, wholesale, just bring (H-2B workers) in? No. We still regulate how many they're allowed to bring in, and it's based on what that project amounts are and some other factors," Massey said.

There are some safeguards in place to ensure that employers hire local workers first, he said.

Before employers file an application, they have to put out an advertisement and make efforts to recruit locally before applying to the department to hire foreign labor, he said.

Once they've filed an application with the department, there are a series of advertisements they have to place, and the department places the job in the Guam online job bank. After a 30-day period, if there are still openings left, the department issues a labor certification allowing the employer to bring in the H-2B workers to fill in the remaining positions, Massey said.

"All the protections are still in place," Massey said. "It's the same protections that have been in place for the last 15 to 20 years."

CNMI anger over US immigration takeover

CNMI anger over US immigration takeover

Last Updated: Wed, 2 Dec 2009 15:16:00 +1100

Many businesses on the Northern Mariana Islands remain angry at the lack of consultation by Washington on the federalization of the Pacific territory's immigration system.

The federal government took over the CNMI's immigration system on Saturday.

The only real evidence of the takeover is at the airport, where state immigration agents have replaced locals.

However, the business community and Governor Benigno Fitial remain concerned about the impact on the employment of foreign workers, foreign investment and tourism.

And Jim Arenovski, the president of the Saipan Chamber of Commerce, says there should have been more consultation.

"Quite frankly we were given the final regulations for our foreign workers, which is probably the most sensitive topic that we chat about, 30 days before implementation," he said.

"And so the last day for comments was actually the 26th or the 27th of November, so how do you make comments on a set of regulations that were supposed to be implemented immediately?"

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.

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.

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.

Release of federalization suit docs OK'd

Release of federalization suit docs OK'd

Thursday, November 26, 2009
House committee, Sablan press for documents
By Haidee V. Eugenio
Reporter

The Fitial administration has started preparing for the release of copies of contracts, fee agreements and other records connected with the governor's federalization lawsuit.

Rep. Tina Sablan (Ind-Saipan) and House Ways and Means Committee chair Rep. Ray N. Yumul (R-Saipan) made a follow up request for the release of the documents on Wednesday.

The request came a few days after U.S. District Court for the District of Columbia Judge Paul L. Friedman dismissed on Monday two of the three counts of the lawsuit, citing the CNMI's failure to prove its case.

Gov. Benigno R. Fitial reiterated yesterday that he wants to read Friedman's opinion first before deciding what to do next, including whether to appeal the decision.

At least 14 sets of documents are still being requested by Sablan and the Ways and Means Committee from the Office of the Attorney General, in addition to the over 30 pages that the OAG released in August.

Sablan identified these additional documents in a Nov. 19 letter to assistant attorney general Anthony Welch.

“I was told last week and again this [Wednesday] morning by Mr. Welch that these documents are now being prepared for release,” Sablan told Saipan Tribune in an interview at her office yesterday.

Welch, in a brief phone interview, confirmed that the OAG is “working on what Sablan asked for.”

He said it takes time for these documents to be sorted and prepared for release.

Sablan said the contract, engagement letter and/or fee agreement, along with change orders, between the CNMI government and its Washington, D.C.-based law firm, Jenner & Block LLC, are among the 14 specific sets of documents that she and the committee have asked from the OAG.

“There are probably a lot more than what was has been spent since the contract was signed early last year,” Sablan told Saipan Tribune.

Jenner & Block LLP billed the CNMI $395,971.81 between Aug. 26, 2008 and Feb. 27, 2009.

But Sablan said the released billing invoices of close to $400,000 covers only six months, and does not include the prior months when the contract was signed and the months after February this year.

The federal judge handling the federalization lawsuit said he will issue an opinion explaining his decision later this week.

Fitial's special legal counsel, Howard Willens, is traveling to Washington, D.C. this Sunday to consult with Jenner & Block on Monday.

This means the CNMI continues to incur billings as the law firm continues its work.

The CNMI filed a lawsuit against the U.S. government over federalization of the CNMI, asking the U.S. District Court for Washington, D.C. to prevent the U.S. Department of Homeland Security and the U.S. Department of Labor from taking over the local labor system.

Federalization is set to start on Saturday, Nov. 28.

14 sets of documents

Attorney General Ed Buckingham tasked Welch to handle the release of documents to Sablan and the House committee pursuant to an Open Government Act request.

On Nov. 18, Buckingham, Deputy Attorney General Joe Taijeron, Welch, Sablan and Yumul met to discuss the documents requested by the committee. The OAG asked Sablan to identify the specific documents requested.

On Nov. 19, Sablan wrote a two-page letter addressed to Welch identifying the 14 sets of documents, including a copy of the contract, engagement letter and/or fee agreement between the CNMI government and Willens, including any change orders.

In that letter, Sablan said the OAG indicated that the earliest time the requested documents would be provided would be Nov. 25, which was yesterday. OAG needed more time to prepare and release the documents.

Sablan also asked for a copy of summaries and detailed and unredacted billing invoices from Jenner & Block, as well as from Willens, to the CNMI government, from April 1, 2008, to the present.

The lawmaker also asked for a copy of memoranda issued by Fitial to the Department of Finance authorizing any payments made to Jenner & Block and Willens, from April 1, 2008 to the present.

Also requested are copies of wire transfer authorizations from Finance with respect to payments made to Jenner & Block and Willens from April 1, 2008 to the present.

Sablan, who won an Open Government Act lawsuit against the government, also asked for a copy of complete and unredacted fund status reports of all accounts under the Office of the Governor from April 1, 2008 to the present date.

Also being requested is a copy of a full listing and description of all sources of funding for the CNMI government's contract or agreement with Jenner & Block and Willens.

Lastly, Sablan is asking for a copy of a full listing of the departments, agencies and instrumentalities of the CNMI government from which any public funds have been reprogrammed in order to finance the CNMI lawsuit against the federal government.

After the documents are received, Yumul will be calling for a meeting of the members of the House Ways and Means Committee to review the records.

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.

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.

Historic election as Northern Marianas prepares for federalisation

Historic election as Northern Marianas prepares for federalisation

Gemma Casas, CNMI

Last Updated: Sat, 21 Nov 2009 17:31:00 +1100

The two leading candidates for governor in the Northern Marianas are campaigning this weekend ahead of their historic runoff election on Monday.

Supporters of incumbent Governor Benigno Fitial and and rival Republican Congressman Heinz Hofschneider are spending the weekend canvassing voters to support their candidacy.

The two will go head-to-head on Monday in the Island's first ever runoff gubernatorial election.

Mr Hofschneider was just eight votes ahead of the Covenant Party candidate when the four-way gubernatorial election was held last November 7.

The United States, which is poised to take over the islands' immigration system on November 28, is closely monitoring the runoff.

The next governor will serve for a term of five years and will be the first to rule under a federalized immigration system.

Petition for 'green cards' begins

Petition for 'green cards' begins

Ahead of federal decision on immigration status of guest workers

Monday, November 16, 2009
By Haidee V. Eugenio

A petition seeking “green cards” or lawful permanent resident status for foreign workers and others with relatives who are U.S. or Freely Associated States citizens has started circulating 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.

The Coalition of United Workers-NMI started circulating the petition on Nov. 9 but temporarily halted it to prioritize the issue of securing umbrella permits for “overstayers,” its president, Rene Reyes, said yesterday.

Reyes said they will resume the signature drive later this week.

Florida-based human rights activist and former Rota teacher Wendy Doromal started the online petition on Saturday, and expects to gather at least 5,000 signatures by January 2010.

“This is our last major push before the May 10, 2010, recommendation from the secretary of Interior to Congress regarding granting United States citizenship or some other permanent legal status to the nonresidents,” Doromal told Saipan Tribune when asked for comment.

The petition is addressed to President Obama, members of the U.S. Congress, Interior Secretary Ken Salazar, Labor Secretary Hilda Solis and Homeland Security Secretary Janet Napolitano.

As of 4pm Sunday, the online petition has gathered 69 signatures.

Ronnie Doca, board chairman of the United Workers Movement-NMI, said yesterday they will begin the signature drive on Tuesday, 6pm, at the Fiesta Pilipino by Juvy restaurant across the road from Saipan Grand Hotel in Susupe.

Doromal and the two organizations of foreign workers in the CNMI are using the same petition form.

CNRA requirement

The federal government will take over CNMI immigration on Nov. 28 pursuant to Public Law 110-229 or the Consolidated Natural Resources Act, signed by President George W. Bush on May 8, 2008.

The CNRA requires the Interior secretary, in consultation with the Homeland Security secretary and the governor of the CNMI, to recommend to the U.S. Congress, as the secretary deems appropriate, a permanent immigration status to guest workers legally residing in the CNMI, by May 10, 2010.

Also included in the Interior's report are the numbers of aliens residing in the CNMI, a description of their legal status under federal law, the number of years each alien has been residing in the CNMI, and the current and future requirements of the local economy for an alien workforce.

Improved status

Over the last three years, Doromal has hand-delivered petitions and letters to the U.S. Congress and offices in Washington, D.C., seeking improved status for many in the CNMI.

The quest for improved immigration status, as the petition reads, is for foreign contract workers, CNMI permanent residents and their nonresident spouses, FAS citizens and their nonresident spouses and family members, nonresidents who are married to U.S. citizens, widows and widowers of U.S. citizens, U.S. citizen children of nonresidents, foreign-born children of U.S. citizens and nonresidents, and parents of disabled and special needs U.S. citizen children.

The FAS includes Palau, the Marshall Islands, and the Federated States of Micronesia (Yap, Chuuk, Pohnpei and Kosrae).

Doromal said she and her daughter Nani will personally deliver written letters and the written petition that is circulating in the CNMI to Congress and offices in Washington, D.C. at the end of January after Congress is back in session.

“I will submit the online petition when we reach or surpass our goal,” she added.

Doromal said she has notified friends at non-profit organizations that support human rights, social justice, and immigration reform to appeal for nationwide support.

“Some of my friends are writing stories to post on major progressive Web sites, and we are creating a Facebook page. I am also reaching out to the media to appeal for support,” she added.

Pathway to US citizenship

Doromal said some people mistakenly assume that it is only the nonresidents who support status for the residents of the CNMI.

“This is not true. Millions of Americans believe that all guest worker programs should provide a pathway to citizenship. I put the petition online so that people from across the United States can sign it. The U.S. officials that the petition seeks to influence will see that the support comes not just from the people in the CNMI, but from coast to coast across our nation. The petition has only been up for about five hours and we have people signing from not just the CNMI, but from Florida, Virginia, Georgia, New York, Missouri, Tennessee, South Carolina, Texas, California, Oregon, and Connecticut,” she said.

The online petition is posted on Doromal's blog, “Unheard No More,” at http://unheardnomore.blogspot.com.

“We support the nonresidents of the U.S. Commonwealth of the Northern Mariana Islands in their quest for green cards and a pathway to citizenship as expressed in this petition. We appeal to you to take immediate action to secure their standing and to keep their families together,” the petition's introductory paragraph reads.

The federalization law establishes a goal of phasing out the CNMI guest worker program and requires a report from the Department of the Interior as to the number of guest workers in the CNMI, and recommendations for status, if any.

“There is no assurance that there will be recommendations for status, nor any assurance that status would be granted through subsequent legislation even if such recommendations were made. We appeal to you today to support the introduction of legislation that would grant green cards and a pathway to citizenship to long-term foreign workers and nonresidents,” the petitioners say.

Majority of foreign workers-now only at a little over 10,000-have been in the CNMI for more

“Many of us have children who serve in the U.S. Armed Forces. We are valuable workers and law-abiding, contributing members of our island home. We call upon you to provide protection and equal rights to those of us who have dedicated our lives to building and developing this great U.S. commonwealth,” the petition reads.

In 2000, the U.S. Senate unanimously passed legislation that would have provided these segments of the CNMI population with immigration status.

However, a provision for U.S. status did not make it into the final version of the bill that would become part of Public Law 110-229 or the CNRA.

“While we understand that permanent status and a pathway to citizenship for us in the CNMI may be included in future national comprehensive immigration reform legislation, we plead with you not to wait,” it adds.

The petition cited a precedent for such a relief. In the 1980s, the Virgin Islands and the U.S. Congress realized that special legislation was needed to prevent the separation of guest workers from their U.S. citizen families. Congress passed a law allowing guest workers in the Virgin Islands to adjust to permanent residency status.

“Congress should pass a similar law tailored to the unique needs of the CNMI,” the petitioners say.

Doromal said foreigners invited to U.S. shores to work and build the economy “should be regarded as future citizens rather than replaceable commodities.”

“Those who support a just and democratic guest worker program in the CNMI and in the mainland, support opportunities where foreign workers and immigrants have control over their destiny and the destiny of their families. They embrace the words of President Barack Obama: 'In America, no dream is beyond your grasp if you reach for it, and fight for it, and work for it,'” she added.

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.

CNMI should question federal limits

CNMI should question federal limits

Monday, November 02, 2009

By JUAN T. LIZAMA
Special to the Saipan Tribune

Federalization is one of the key issues in the upcoming gubernatorial election. The issue is also before the federal court in Washington, thanks to Gov. Benigno Fitial's lawsuit. That lawsuit asks the court to determine whether Congress over-reached in enacting laws that will shift the balance of authority in key areas from our local government to the U.S. federal government.

The federal government first tried to take over in the late 1990s, in an effort to stop what was perceived to be human rights abuses by garment factories. The original purpose of the federal takeover had nothing to do with homeland security. But the original effort failed.

Then, the federal takeover bill resurfaced. It was passed by Congress not because it was still needed. However, by the time the federal takeover was passed, all but about two garment factories were gone. The last two are now gone.

Enter our Governor. His lawsuit has provided us with an opportunity to explain this important recent history, and to be heard in the proper forum for settling disputes between the CNMI and federal government. Governor Fitial has taken a stance on the behalf of those of us who believe the U.S. Congress exceeded their scope of legislative authority.

It is important to recognize that throughout U.S. history there has been a political tug-of-war going on between those who support states' rights and believe that federal power should be narrow, and those who favor a strong federal government with broad powers. The U.S. Founding Fathers themselves argued strongly over this issue in drafting the U.S. Constitution. Thomas Jefferson was the leader of the states' rights group. He understood that local government requires real authority to provide for the needs of the local community.

Certainly no one would say that Thomas Jefferson was less of an American because he stood up for the rights of local government. The same goes for Governor Fitial and all those who appreciate and support his bold act of going before the courts.

Federalization is not an “inevitable consequence” of our relationship with the U.S. The Covenant was designed to ensure that the CNMI would retain important local autonomy even in midst of a powerful federal government. 'What limits does the Covenant places on federal power?'-that is a question worth asking each and every time a federal law impacting our islands is passed by Congress, even if we have to ask those questions in federal court.

While it is true that the United States can take control of our immigration, the United States has no right to interfere with our labor laws. The Covenant guarantees to us “self government” and that includes setting all terms and conditions for who is employed here. The federal takeover goes beyond immigration and gets into how we control employment. (Remember, the original purpose of the federal takeover was to stop labor abuses by garment factories). The fact that the federal takeover goes beyond immigration control violates the Covenant. Therefore, the federal takeover is both unjustified and unlawful.

Our priority should be to give Governor Fitial a chance to litigate the issues. He is doing that now in the proper forum for all of us.

Juan Lizama is a former associate judge at the CNMI Superior Court.

'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.

US Customs poised to control NMI borders

US Customs poised to control NMI borders

Full access to airport facilities sought for up to 53 officers

By Haidee V. Eugenio
Reporter

Friday, October 23, 2009

Key officials of the U.S. Customs and Border Protection led by Assistant Commissioner for Field Operations Thomas S. Winkowski personally told Gov. Benigno R. Fitial, lawmakers, and other local officials yesterday that CBP is “fully ready” to secure CNMI borders by Nov. 28 as required by the federalization law.

“From an operational standpoint, we're ready,” Winkowski told House Speaker Arnold I. Palacios (R-Saipan), Senate President Pete P. Reyes (R-Saipan) and other members of the 16th Legislature on Capital Hill yesterday morning.

In their “operational readiness visit,” the federal team sought “full access” to the immigration facilities at the Saipan and Rota airports ahead of the Nov. 28 federalization to be able to install equipment and prepare for the takeover of border control.

Fitial gave CBP access to the facility, which the officials visited yesterday afternoon, said Winkowski.

Press secretary Charles Reyes confirmed that Fitial assured the federal officials that they would get the necessary access to the airports over the next several weeks to do their job.

“The federal officials agreed that they would make every effort not to interfere with the Commonwealth's enforcement of its immigration laws through Nov. 27,” Reyes said in a statement.

Winkowski said the team has had “productive meetings” with local officials.

“This is an operational readiness visit. I want to be sure that come Nov. 28, we're going to be up and running and you can't do that by sitting in Washington, D.C. You have to come out here and look at the facility, have meetings that we have today with the Legislature, with the governor, and work through any type of issues,” he told reporters.

Up to 53 CBP personnel

Winkowski said between 45 and 53 CBP personnel will be temporarily assigned to the CNMI, primarily at the Saipan International Airport, to screen some 400,000 passengers a year. Others will also be detailed at the Rota airport.

He said qualified CBP personnel from Guam and other U.S. states will be temporarily stationed until permanent hires are in place.

“I'm estimating it will take a year to eliminate temporary personnel,” Winkowski told lawmakers.

Jerry Aevermann, the current assistant port director for CBP Guam, has been named CBP interim port director for the CNMI.

Winkowski said a working group, to be led by Aevermann, is being formed to ensure a smooth transition to federal immigration control.

Besides Winkowski and Aevermann, seven other CBP officials from Washington, D.C. and Guam are visiting the CNMI.

They include CBP Assistant Commissioner for Information Technology Charles Armstrong; 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; Rocky Miner, port director in Guam; and Fraim Leon Guerrero of CBP Guam.

The team visited Guam before coming to Saipan Wednesday night. The officials leave Saipan today.

Rep. Rosemond Santos (R-Saipan) and other lawmakers wanted assurance from the federal officials that the current CNMI immigration personnel will be absorbed by CBP.

Winkowski said consideration is being given, but said qualification requirements will still need to be followed. He added that CBP will issue other job announcements for needed positions.

Immigration inspection

In answering questions from Rep. Ray N. Yumul (R-Saipan), the visiting federal officials said by Nov. 28, those who have already undergone immigration screening on Guam will not be screened again when they enter Saipan and vice versa.

However, those boarding on Saipan or Guam to other destinations will still undergo screening when they fly to Hawaii and other U.S. states and territories.

The CBP officials also said that travels between Saipan, Tinian and Rota will not need immigration screening.

Rep. Justo Quitugua (D-Saipan) and Rep. Diego Benavente (R-Saipan) asked whether nonresident workers can freely exit and enter the CNMI throughout the transition period starting on Nov. 28 without having to secure a U.S. visa.

CBP officials said this is still being worked on by the U.S. Citizenship and Immigration Services.

CBP and the USCIS are among the component units of the U.S. Department of Homeland Security, which is the lead agency implementing Public Law 110-229 (the Consolidated Natural Resources Act) in the CNMI. DHS is required to staff and equip six ports of entry in the CNMI by Nov. 28.

Winkowski said it's only a happenstance that they're in the CNMI when Homeland Security Secretary Janet Napolitano announced she will be exercising her parole authority to allow Chinese and Russian tourists to enter the CNMI without a U.S. visa even when federalization begins Nov. 28. (See main story)

Rep. Tina Sablan (Ind-Saipan) asked CBP to conduct public outreach on the agency's activities and policies, to which Winkowski said this is also being worked on.

Winkwoski, when asked about human trafficking and drug smuggling concerns, said there will be investigators that work for DHS to address these issues.

The CBP officials met not only with Fitial yesterday, but also with officials of the Commonwealth Ports Authority, the Office of the Attorney General, the CNMI Division of Customs, the CNMI Division of Immigration, and the Department of Labor.

Delegate Gregorio Kilili C. Sablan (D-MP), in a statement, said he has “been assured that all the necessary equipment to do the pre-screening and monitor visitor exits will be in place by Nov. 28.”

“I have been very concerned about the department's operational readiness, but I'm beginning to see some forward motion. I also think that we have to be sure that this capacity is also present for the Rota and Tinian tourist markets. This isn't just about Saipan,” said Sablan.