About 300 Facing Deportation, 200 Umbrella Permits Revoked

Local
Tuesday, March 09, 2010

About 300 facing deportation, 200 umbrella permits revoked

By Haidee V. Eugenio
Reporter

Deputy Labor Secretary Jacinta M. Kaipat said yesterday that the names of some 300 foreigners are ready to be referred “soon” to the U.S. Immigration and Customs Enforcement for deportation, while some 200 umbrella permits issued to foreigners have so far been revoked.

Kaipat was responding to a question from Senate President Paul A. Manglona (R-Rota) on whether the CNMI Department of Labor has deported anybody since the federal takeover of local immigration.

Members of the Senate and House of Representatives held a meeting with Labor and other administration officials to discuss two omnibus immigration bills yesterday afternoon on Capital Hill.

Kaipat said passage of the proposed Immigration Conformity Act of 2010 takes into account the impact of U.S. Public Law 110-229 or the federalization law, on the CNMI, including possible pre-emption of CNMI law by federal actions.

“Time and time again, the 300 some people were given the opportunity to clear their status but they didn't come forward. They know who they are. We will be referring their names to ICE soon,” Kaipat told Saipan Tribune right after the meeting with lawmakers.

She said many of the overstayers have been in the CNMI for years without legal status. She, however, said Labor could not release the names yet.

ICE is one of the component agencies of the U.S. Department of Homeland Security.

“This does not yet include those with umbrella permits revoked. Some 200 is what we have so far,” she told lawmakers.

Kaipat, as well as lawmakers, said ICE should have procedures that will clarify when CNMI employers are relieved of their obligations to foreign workers who are subject to ICE deportation.

“We need to put pressure on DHS to step up deportation of people referred to them [by Labor],” she said.

Rota Labor resident director Richard Taisacan, who was also at the meeting, said ICE does not have a system in place to speed up the process of deportation.

On Rota alone, he said, there are 10 individuals considered deportable but the CNMI could not deport them because it lost its authority to do so to the federal government.

'Reckless'

During the meeting, Kaipat said U.S. Labor Ombudsman Pamela Brown is not only creating confusion but has also been “acting recklessly.”

Brown, who met with foreign workers on Thursday, said CNMI Labor lost the authority to revoke umbrella permits issued to alien workers and those with immediate relative status on Nov. 28, 2009, when the federalization law took effect.

“Employment of aliens is now a matter of federal law,” Brown told the crowd at the American Memorial Park’s amphitheater Thursday night.

“Pam Brown is acting recklessly and irresponsibly in urging people to ignore established laws. People are relying on her and are therefore jeopardizing their status. Her statements are really uncalled for,” Kaipat told lawmakers.

Brown could not be reached for comment yesterday.

Manglona instructed Senate legal counsel Antonette Villagomez to invite Brown to yesterday's meeting. Villagomez said Brown was off island and could not attend the meeting.

“I want to caution workers not to jeopardize their status because Pam Brown is not DHS and she's not a federal judge,” Kaipat added.

Rep. Tony Sablan (R-Saipan), a former immigration director, echoed Kaipat's concerns about Brown's statement made to the public on the issue of umbrella permits and the authority of CNMI Labor.

AG clarification

Attorney General Edward T. Buckingham separately clarified that the CNMI Department of Labor has the authority to revoke umbrella permits, reacting to Brown's statement that seems to suggest that an umbrella permit cannot be revoked.

He said the CNMI retains authority through the Department of Labor for the management of umbrella permits.

“Specifically, the Department of Labor has both the authority and the duty to monitor compliance with umbrella permit holders. Should one or more conditions of the umbrella permit not be met, the umbrella permit is subject to being revoked,” Buckingham said.

Buckingham said if holders of umbrella permits believe they no longer need to comply with Labor standards, they may face revocation of the permit.

“This may affect their status in the Commonwealth and may lead to deportation proceedings. The Commonwealth and the Department of Homeland Security, Immigration and Customs Enforcement have different roles to play. But, as a whole, we are part of the same government,” he said.

'Unfortunate consequences'

The attorney general said the federal government assumed control over entry and exit into the CNMI, but did not replace the CNMI Department of Labor for its activities.

“To take the position that someone could stop complying with requirements of the CNMI Department of Labor could mean that a person would be without employment. Such people would be a drain on the economy and present a risk of involvement in criminal activities or, because of not having employment, risk becoming victims of unscrupulous people taking advantage of their problems,” Buckingham said.

He said ignoring conditions set by the Department of Labor is, in his view, “unwise” and may subject the holder of an umbrella permit to “unfortunate consequences.”

“An umbrella permit can be revoked. Legal status can be lost. And, through coordination between the CNMI and Immigration and Customs Enforcement, an individual may be subject to deportation,” he added.

Omnibus bills

Members of the Senate Committee on Resources, Economic Development and Programs, as well as other lawmakers, discussed yesterday with Departments of Labor and Commerce officials two omnibus immigration bills.

The 73-page House Bill 17-25, introduced by Rep. Rafael Demapan (Cov-Saipan), seeks to amend certain sections of the Commonwealth Code dealing with immigration functions. It is also called the “Immigration Conformity Act of 2010.”

The second, still unnumbered, Senate bill runs only 17 pages and is also called the “Immigration Conformity Act of 2010.”

The Saipan Chamber of Commerce, the largest business organization in the CNMI, is now also reviewing the bills, which may move quickly in the Legislature.