Local
Friday, November 27, 2009
Fitial, workers welcome ruling
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.
Showing posts with label federalization. Show all posts
Showing posts with label federalization. Show all posts
Thursday, November 26, 2009
Monday, April 13, 2009
Local
Tuesday, April 14, 2009
Kaipat: Delay gives Labor more time for transition
By Ferdie de la Torre
Reporter
With the 180-day delay in implementing the federalization law, there is lesser urgency for any transition related to labor matters, according to Department of Labor Deputy Secretary Cinta Kaipat
In her progress report on the implementation of Public Law 15-108 or the new reform labor law, Kaipat said Labor can now await the outcome of Gov. Benigno R. Fitial's federalization lawsuit without employers and workers having to adjust their affairs in the interim.
“However, we have been meeting regularly with the federal authorities since last fall to explain exactly what we are doing, how we are making decisions, and why our procedures are working effectively,” she said.
Kaipat said she believes Labor has good lines of communication and that the federal authorities have much better and more current information about Labor activities than has been the case in past years.
With respect to the federal stimulus issue, Kaipat said they believe that the Labor Employment Services and Enforcement sections may qualify for grants under the federal stimulus funding.
“We are working on three proposals, and we expect to have them submitted shortly,” Kaipat said.
Tuesday, April 14, 2009
Kaipat: Delay gives Labor more time for transition
By Ferdie de la Torre
Reporter
With the 180-day delay in implementing the federalization law, there is lesser urgency for any transition related to labor matters, according to Department of Labor Deputy Secretary Cinta Kaipat
In her progress report on the implementation of Public Law 15-108 or the new reform labor law, Kaipat said Labor can now await the outcome of Gov. Benigno R. Fitial's federalization lawsuit without employers and workers having to adjust their affairs in the interim.
“However, we have been meeting regularly with the federal authorities since last fall to explain exactly what we are doing, how we are making decisions, and why our procedures are working effectively,” she said.
Kaipat said she believes Labor has good lines of communication and that the federal authorities have much better and more current information about Labor activities than has been the case in past years.
With respect to the federal stimulus issue, Kaipat said they believe that the Labor Employment Services and Enforcement sections may qualify for grants under the federal stimulus funding.
“We are working on three proposals, and we expect to have them submitted shortly,” Kaipat said.
Wednesday, April 1, 2009
Local
Thursday, April 02, 2009
'Permanent residency via employment applicable to NMI'
By Moneth Deposa
Reporter
Once federalization kicks in, adjustments to lawful permanent resident status will be applicable to the CNMI in the same manner it is being enforced anywhere else in the United States.
This was the assurance of U.S. Citizenship and Immigration Services in an e-mail to Saipan Tribune yesterday, saying that everyone who is eligible may apply for these changes to obtain permanent resident status on island.
“Anyone in the CNMI who is eligible under the Immigration and Nationality Act to apply for adjustment to lawful permanent resident status-either based on family or employment-will have the ability to do so in the same manner as people anywhere in the U.S.,” said Marie Therese Sebrechts, USCIS regional media manager.
According to the USCIS Web site, if a person wants to become an immigrant based on the fact that he or she has a permanent job, or if an employer wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, they need to go through some important steps. These include making sure that the individual to be petitioned by the employer is eligible for lawful permanent residency and the employer completes a labor certification request for the applicant-employee.
The USCIS must approve an immigrant visa petition for the person wishing to immigrate, which the employer will file himself since the employer will act as the sponsor or petitioner for the applicant who wants to live and work on a permanent basis in the United States. An immigrant visa number is issued after completing the process that the applicant must go through to adjust to permanent resident status.
There are four categories for granting permanent residence to foreign nationals based upon employment:
- EB-1 is for priority workers who are foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics; professors and researchers; managers and executives subject to international transfer to the U.S.
- EB-2 is for professionals with advanced degrees or persons with exceptional ability including foreign nationals of exceptional ability in science, arts and business; and advanced degree professionals.
- EB-3 is applicable for skilled or professional workers with bachelor's degrees, skilled workers with minimum two years training and experience, and unskilled workers.
- EB-4 is for religious workers.
Yesterday, the Department of Homeland Security announced the delayed transition of federalization in the CNMI after consultations with various entities and concerned parties.
As a result of the decision, the existing CNMI immigration laws will continue to apply until Nov. 28, 2009. Additionally, the implementation of Customs and Border Protection's interim final rule establishing a joint Guam-CNMI Visa Waiver Program, that was scheduled to begin on June 1, 2009, will also be delayed until Nov. 28, 2009, and the existing Guam visa waiver program will continue to operate until that date. To effectuate this change, CBP plans to issue a technical amendment to the Guam-CNMI interim final rule published on Jan. 16, 2009.
This decision also delays the implementation of the exemption from the current statutory caps on the number of nonimmigrant H-1B and H-2B petitions granted yearly for employers filing H worker petitions in Guam.
Thursday, April 02, 2009
'Permanent residency via employment applicable to NMI'
By Moneth Deposa
Reporter
Once federalization kicks in, adjustments to lawful permanent resident status will be applicable to the CNMI in the same manner it is being enforced anywhere else in the United States.
This was the assurance of U.S. Citizenship and Immigration Services in an e-mail to Saipan Tribune yesterday, saying that everyone who is eligible may apply for these changes to obtain permanent resident status on island.
“Anyone in the CNMI who is eligible under the Immigration and Nationality Act to apply for adjustment to lawful permanent resident status-either based on family or employment-will have the ability to do so in the same manner as people anywhere in the U.S.,” said Marie Therese Sebrechts, USCIS regional media manager.
According to the USCIS Web site, if a person wants to become an immigrant based on the fact that he or she has a permanent job, or if an employer wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, they need to go through some important steps. These include making sure that the individual to be petitioned by the employer is eligible for lawful permanent residency and the employer completes a labor certification request for the applicant-employee.
The USCIS must approve an immigrant visa petition for the person wishing to immigrate, which the employer will file himself since the employer will act as the sponsor or petitioner for the applicant who wants to live and work on a permanent basis in the United States. An immigrant visa number is issued after completing the process that the applicant must go through to adjust to permanent resident status.
There are four categories for granting permanent residence to foreign nationals based upon employment:
- EB-1 is for priority workers who are foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics; professors and researchers; managers and executives subject to international transfer to the U.S.
- EB-2 is for professionals with advanced degrees or persons with exceptional ability including foreign nationals of exceptional ability in science, arts and business; and advanced degree professionals.
- EB-3 is applicable for skilled or professional workers with bachelor's degrees, skilled workers with minimum two years training and experience, and unskilled workers.
- EB-4 is for religious workers.
Yesterday, the Department of Homeland Security announced the delayed transition of federalization in the CNMI after consultations with various entities and concerned parties.
As a result of the decision, the existing CNMI immigration laws will continue to apply until Nov. 28, 2009. Additionally, the implementation of Customs and Border Protection's interim final rule establishing a joint Guam-CNMI Visa Waiver Program, that was scheduled to begin on June 1, 2009, will also be delayed until Nov. 28, 2009, and the existing Guam visa waiver program will continue to operate until that date. To effectuate this change, CBP plans to issue a technical amendment to the Guam-CNMI interim final rule published on Jan. 16, 2009.
This decision also delays the implementation of the exemption from the current statutory caps on the number of nonimmigrant H-1B and H-2B petitions granted yearly for employers filing H worker petitions in Guam.
Local
Thursday, April 02, 2009
Schorr: Investor, worker rules out in 1 to 2 months
By Haidee V. Eugenio
Reporter
Major business and workers groups are relieved that the start of transition to federal immigration is delayed by 180 days, but they want the U.S. Department of Homeland Security to soon publish the CNMI-only transitional worker and investor regulations.
Jeff Schorr, field representative of the Interior's Office of Insular Affairs, yesterday told Saipan Chamber of Commerce members and guests that these two sets of regulations will be out in “another month or two.”
Homeland Security's decision to delay federalization by 180 days-from June 1, 2009 to Nov. 28, 2009-was welcome news for members of the Saipan Chamber of Commerce, the Tinian Chamber of Commerce, the Rota Casino Gaming Commission and the United Workers Movement NMI.
Doug Brennan, vice president of the Saipan Chamber of Commerce, said the delay gives businesses a breathing room to develop a business plan once these regulations are published.
“Our position paper stated that we are in favor of a delay simply because we want all the rules and regulations in front of us before this takes place. It's very difficult to develop a business plan for any of our member businesses when we don't know what the rules are going to be. What we were told was it will be U.S. immigration but there was talk about various exemptions and waivers. We'd like to see these,” Brennan told Saipan Tribune after the Chamber's general membership meeting at the Pacific Islands Club in San Antonio.
The Saipan Chamber of Commerce is the largest business organization in the CNMI with approximately 150 members.
To date, DHS has released only the Guam-CNMI visa waiver program regulations.
Phillip Mendiola-Long, president of the Tinian Chamber of Commerce, said the 180-day delay was the correct decision considering the lack of time available to make “extremely difficult policy decisions.”
“I frankly did not see it possible to implement Public Law 110-229 in the time frame available because DHS had not completed regulations for the CNMI Transitional Worker Program. They had not completed regulations for existing CNMI foreign investor transitions, or created the new foreign investor policy. They had not established regulations for immediate relatives, and they had not established regulations regarding prevailing wage rates,” Mendiola-Long said.
He said it would not have been prudent for DHS to create regulations in haste just to meet a deadline.
Mendiola-Long said the Tinian Chamber of Commerce appreciates the extension and intends to work closely, as equal stakeholders, with DHS/U.S. Citizenship and Immigration Services in the next 180 days “to ensure that policy and regulations promulgated will not bring extreme hardship on the people of the CNMI.”
“One of the main objectives of the Tinian Chamber of Commerce is to ensure that future policy and regulations drafted will address issues affecting all the islands, not just Saipan,” he added.
Mendiola-Long is also executive vice president of Bridge Investment Group-CNMI, which is building a $40 million to $50 million casino and condominiums project on Tinian. The company halted construction at the site because of federalization.
Impact study on Rota
Diego M. Songao, chairman of the Rota Casino Gaming Commission, said the delay will provide an opportunity for the federal government to conduct an impact study, at least on the island of Rota as it tries to develop its casino industry.
Just like Tinian, Rota's casino industry targets mostly Chinese tourists who, along with Russians, will not be exempt from the U.S. visa requirement.
“It will also give them time to put security measures in place to see if the CNMI-Guam visa waiver.may continue to include Chinese and Russians,” Songao told Saipan Tribune.
Rabby Syed, president of the United Workers Movement NMI, is thankful for the federalization delay, and to Delegate Gregorio “Kilili” Sablan for raising with DHS the issue of immediate relatives of Freely Associated States.
“We also like Mr. Sablan to raise other issues like those parents of U.S. citizen children with disabilities, long-term guest workers with U.S.-born children, and to give immigration status to guest workers with unpaid wages so they can stay here until they get their wages,” he said.
Businessman Juan T. Guerrero, a former president of the Saipan Chamber of Commerce, said businesses are thankful for the delay which he said will give them more time to make more appropriate planning.
“The delay will allow us more appropriate time to review them and come up with a solid decision to operate businesses,” he said, adding that the regulations will restrict hiring of non-professional foreign workers.
But Guerrero, president of Herman's Modern Bakery, said professional categories do not include bakers, unless employers pay them the federal wage rates.
“They can qualify but it means you have to be paying U.S. standard rates and you're looking at maybe $30,000 a year. How many employees earning $30,000 can we hire at Herman's Bakery?” he added.
Thursday, April 02, 2009
Schorr: Investor, worker rules out in 1 to 2 months
By Haidee V. Eugenio
Reporter
Major business and workers groups are relieved that the start of transition to federal immigration is delayed by 180 days, but they want the U.S. Department of Homeland Security to soon publish the CNMI-only transitional worker and investor regulations.
Jeff Schorr, field representative of the Interior's Office of Insular Affairs, yesterday told Saipan Chamber of Commerce members and guests that these two sets of regulations will be out in “another month or two.”
Homeland Security's decision to delay federalization by 180 days-from June 1, 2009 to Nov. 28, 2009-was welcome news for members of the Saipan Chamber of Commerce, the Tinian Chamber of Commerce, the Rota Casino Gaming Commission and the United Workers Movement NMI.
Doug Brennan, vice president of the Saipan Chamber of Commerce, said the delay gives businesses a breathing room to develop a business plan once these regulations are published.
“Our position paper stated that we are in favor of a delay simply because we want all the rules and regulations in front of us before this takes place. It's very difficult to develop a business plan for any of our member businesses when we don't know what the rules are going to be. What we were told was it will be U.S. immigration but there was talk about various exemptions and waivers. We'd like to see these,” Brennan told Saipan Tribune after the Chamber's general membership meeting at the Pacific Islands Club in San Antonio.
The Saipan Chamber of Commerce is the largest business organization in the CNMI with approximately 150 members.
To date, DHS has released only the Guam-CNMI visa waiver program regulations.
Phillip Mendiola-Long, president of the Tinian Chamber of Commerce, said the 180-day delay was the correct decision considering the lack of time available to make “extremely difficult policy decisions.”
“I frankly did not see it possible to implement Public Law 110-229 in the time frame available because DHS had not completed regulations for the CNMI Transitional Worker Program. They had not completed regulations for existing CNMI foreign investor transitions, or created the new foreign investor policy. They had not established regulations for immediate relatives, and they had not established regulations regarding prevailing wage rates,” Mendiola-Long said.
He said it would not have been prudent for DHS to create regulations in haste just to meet a deadline.
Mendiola-Long said the Tinian Chamber of Commerce appreciates the extension and intends to work closely, as equal stakeholders, with DHS/U.S. Citizenship and Immigration Services in the next 180 days “to ensure that policy and regulations promulgated will not bring extreme hardship on the people of the CNMI.”
“One of the main objectives of the Tinian Chamber of Commerce is to ensure that future policy and regulations drafted will address issues affecting all the islands, not just Saipan,” he added.
Mendiola-Long is also executive vice president of Bridge Investment Group-CNMI, which is building a $40 million to $50 million casino and condominiums project on Tinian. The company halted construction at the site because of federalization.
Impact study on Rota
Diego M. Songao, chairman of the Rota Casino Gaming Commission, said the delay will provide an opportunity for the federal government to conduct an impact study, at least on the island of Rota as it tries to develop its casino industry.
Just like Tinian, Rota's casino industry targets mostly Chinese tourists who, along with Russians, will not be exempt from the U.S. visa requirement.
“It will also give them time to put security measures in place to see if the CNMI-Guam visa waiver.may continue to include Chinese and Russians,” Songao told Saipan Tribune.
Rabby Syed, president of the United Workers Movement NMI, is thankful for the federalization delay, and to Delegate Gregorio “Kilili” Sablan for raising with DHS the issue of immediate relatives of Freely Associated States.
“We also like Mr. Sablan to raise other issues like those parents of U.S. citizen children with disabilities, long-term guest workers with U.S.-born children, and to give immigration status to guest workers with unpaid wages so they can stay here until they get their wages,” he said.
Businessman Juan T. Guerrero, a former president of the Saipan Chamber of Commerce, said businesses are thankful for the delay which he said will give them more time to make more appropriate planning.
“The delay will allow us more appropriate time to review them and come up with a solid decision to operate businesses,” he said, adding that the regulations will restrict hiring of non-professional foreign workers.
But Guerrero, president of Herman's Modern Bakery, said professional categories do not include bakers, unless employers pay them the federal wage rates.
“They can qualify but it means you have to be paying U.S. standard rates and you're looking at maybe $30,000 a year. How many employees earning $30,000 can we hire at Herman's Bakery?” he added.
Thursday, April 02, 2009
DHS grants 180-day delay
By Kristi Eaton
Reporter
Department of Homeland Security Secretary Janet Napolitano They asked for it and they got it.
Department of Homeland Security Secretary Janet Napolitano yesterday announced the June 1 start date to the federalization law will be delayed by 180 days-the maximum amount allowed by law-until Nov. 28, 2009.
The extension means the CNMI will continue to administer its own immigration system until Nov. 28. The proposed joint Guam-CNMI Visa Waiver Program, which excludes the emerging Chinese and Russian markets, will also not go into effect until Nov. 28. Guam's own visa program will operate until Nov. 28.
The move comes after Gov. Benigno Fitial, CNMI Rep. Gregorio “Kilili” Sablan, CNMI government officials and agencies, lawmakers, and businesses asked for a delay. Guam Gov. Felix Camacho, Guam Rep. Madeleine Bordallo, and the Guam Legislature also voiced their desire to push back six months the implementation of the Consolidated Natural Resources Act, which extends the U.S. immigration system to the CNMI. The Congressional Hispanic Caucus supported a delay as well.
According to a DHS statement issued yesterday, “Under the CNRA, the Secretary of DHS has the sole authority to delay the June 1, 2009, transition date to U.S. immigration law up to 180 days, after consultation with the secretaries of Labor, Interior and State, the attorney general, and the governor of the CNMI. The Secretary has determined based upon those consultations that it is advisable to exercise that authority fully.”
At a news briefing yesterday, Fitial thanked Napolitano for delaying the enactment of Public Law 110-229.
“I am very grateful to the federal government for acknowledging the serious economic concerns we have raised regarding the implementation of this sweeping new federal immigration law,” the governor said.
DHS Assistant Secretary Richard Barth delivered Napolitano's decision to Bordallo and Sablan yesterday on Capitol Hill.
“As I have said before, this is not delay for the sake of delay,” Sablan said in a statement. “The reason to push back the date is so that the Department of Homeland Security has enough time to do it right.”
Regulations
As the June 1 date neared, many questions over the implementation remained unanswered.
The delay will allow DHS to draft and release the remaining regulations relating to the law, and allow for enough time for the public to comment. The proposed Visa Waiver Program is the only regulation that has been released for public comment, and it has received opposition from many in the CNMI community. The final rule has not been released.
Regulations relating to foreign workers, investors, students and retirees have not yet been released for comment, something that Rep. Diego Benavente, the chairman of the House's Committee on U.S. and Foreign Relations, said has led to a climate of uncertainty in the Commonwealth.
“While everyone realized it will happen at some point, I think people need a little bit more time to understand and prepare for that,” the representative said.
Rep. Sablan said he hopes the delay will allow Homeland Security more time to consider specific populations in the CNMI that will be greatly impacted if the regulations are not carefully written. As it is right now, some legal residents of the Commonwealth who do not have a valid U.S. visa will not be able to re-enter the CNMI if they must leave for a medical emergency or other reason. He asked DHS to create regulations allowing any legal resident to leave and re-enter without the need for a new U.S. visa. Moreover, Sablan is asking DHS to make the visa process more affordable for families with both U.S. citizen and non-U.S. citizen members.
“Visas applications are expensive and they require that families earn at least 125 percent of the federal poverty level,” he noted in the statement, adding that he hopes Napolitano will use her authority to make the process more affordable.
“I am hopeful that now that the new Obama Administration is settling in, we will be able to get down to the nitty-gritty of writing these regulations,” the congressman said. “It's been almost a year since the law was enacted. It's time that we start clearing away all the uncertainty that exists without clear regulations.”
Another reason Sablan asked for a delay is because there has been no money appropriated for border controls. One of the reasons that China and Russia were recently left out of the Guam-CNMI Visa Waiver program, Sablan noted, is that DHS believed border security was not adequate at this time.
“But this costs money. And no money has been appropriated by Congress to set up the NMI borders,” he said in February. “So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the buildup of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”
Lawsuit still on
When asked if the extension would have any effect on the lawsuit the CNMI has filed against DHS and U.S. Department of Labor, Fitial said: “I don't think so. I think that this lawsuit has its own place and this extension will provide all the necessary work that needs to be done to improve the implementation and enforcement of the new immigration law.”
The CNMI sued the federal agencies in September to halt the implementation of PL 110-229. A preliminary injunction seeking to stop DHS and DOL from taking over the local labor system was also filed in November. The case currently pending in U.S. District Court
Benavente said he hopes the lawsuit will be cleared so the CNMI can work with the federal agencies over the next several months.
Fitial has not been in communication with DHS about regulations, but Howard Willens, special legal counsel to the governor who is representing the CNMI in the lawsuit, said Commonwealth representatives have taken part in discussions at all levels with Homeland Security.
“There has been open and full discussions between representatives of the Commonwealth and representatives of DHS, in respect to all outstanding issues,” Willens said.
One such representative is Lynn Knight, chairperson for the Commonwealth Economic Development Commission. Knight is currently stationed in Washington D.C. to work on the federalization law and other economic development issues.
“We have had numerous meetings with the Department of Homeland Security over the past two months and they are listening to the CNMI's concerns. They're also reading all of the comments that individuals have taken the time to submit on the DHS website, so it's definitely worth the time and effort to comment,” Knight said in a statement.
Willens said the CNMI anticipated an extension might be granted but it was made clear in the lawsuit's briefs that that does not effect the Commonwealth's entitlement to a preliminary injunction. Each party-the CNMI and the federal government-will probably submit a short statement about the extension, Willens said.
CNMI Labor deputy secretary Cinta Kaipat said the 180-day extension would not impact the department. The department is pleased about the delay, but she said she is optimistic the judge will find in favor of the CNMI's preliminary injunction.
Judge Paul L. Friedman has taken the lawsuit and preliminary injunction under advisement.
Fitial said the CNMI will begin to prepare for the implementation of the federalization law once a decision on the lawsuit and preliminary injunction is announced.
“We will do what we need to do after the result of the lawsuit comes out, because we don't want to be doing something that we may not have to do after all,” he said, adding that the judge is aware of the deadline and should make a decision soon.
No benefit
Some people said they believe the delay is simply postponing the inevitable, with no noticeable benefit to be gained.
“In our view it makes no difference come November, everyone will be right back on the same situation,” said Taotao Tano president Gregorio Cruz Jr. “We continue to address that the entire federal immigration takeover is of national defense but everyone seems to ignore this issue. We are interested in seeing what will happen after the six months. In our view it's just aggravating the situation.”
A delay wasn't expected, Wendy Doromal said in an e-mail, but unfortunately, the federal government was not ready.
Doromal, a human rights advocate who has been outspoken about her support for the law, said she was hoping the extension would not be granted.
“My concern is that a delay will allow more time for the anti-federalization administration to scheme and manipulate at the expense of the foreign contract workers who will continue to be under the dysfunctional local labor system,” she said. “Perhaps a delay will give us more time to convince Congress to grant the foreign contract workers and foreign parents of U.S. citizen children a pathway to citizenship. That's what I will continue to work on.”
Money and jobs
The extension means more money coming in and more money going out for the CNMI government, which will affect both the Fiscal Year 2009 and Fiscal Year 2010 budgets.
Six more months of the Russia and China markets could mean more than $100 million coming into the CNMI, according to the Marianas Visitors Authority. Nonresident worker fees will also becoming in for six more months, an additional $2.5 to $3 million in revenue to the CNMI.
But both fiscal year budgets did not include appropriations for the local immigration division. The FY 2009 budget stops appropriating money to the agency on May 31, the day before the law was to go into effect and federal employees were to take over. The FY 2010 budget proposal, which the administration was preparing to turn into the Legislature yesterday, did not include funding for the local immigration division or include the revenue that could be seen from six more months of visa-free travel.
Fitial said the administration is making provisions to the budget.
CNMI Immigration director Melvin Grey yesterday said it is business as usual in the division. Sixty-one employees will be able to keep their jobs for another six months, but “we'll have to face it again in six months.”
DHS grants 180-day delay
By Kristi Eaton
Reporter
Department of Homeland Security Secretary Janet Napolitano They asked for it and they got it.
Department of Homeland Security Secretary Janet Napolitano yesterday announced the June 1 start date to the federalization law will be delayed by 180 days-the maximum amount allowed by law-until Nov. 28, 2009.
The extension means the CNMI will continue to administer its own immigration system until Nov. 28. The proposed joint Guam-CNMI Visa Waiver Program, which excludes the emerging Chinese and Russian markets, will also not go into effect until Nov. 28. Guam's own visa program will operate until Nov. 28.
The move comes after Gov. Benigno Fitial, CNMI Rep. Gregorio “Kilili” Sablan, CNMI government officials and agencies, lawmakers, and businesses asked for a delay. Guam Gov. Felix Camacho, Guam Rep. Madeleine Bordallo, and the Guam Legislature also voiced their desire to push back six months the implementation of the Consolidated Natural Resources Act, which extends the U.S. immigration system to the CNMI. The Congressional Hispanic Caucus supported a delay as well.
According to a DHS statement issued yesterday, “Under the CNRA, the Secretary of DHS has the sole authority to delay the June 1, 2009, transition date to U.S. immigration law up to 180 days, after consultation with the secretaries of Labor, Interior and State, the attorney general, and the governor of the CNMI. The Secretary has determined based upon those consultations that it is advisable to exercise that authority fully.”
At a news briefing yesterday, Fitial thanked Napolitano for delaying the enactment of Public Law 110-229.
“I am very grateful to the federal government for acknowledging the serious economic concerns we have raised regarding the implementation of this sweeping new federal immigration law,” the governor said.
DHS Assistant Secretary Richard Barth delivered Napolitano's decision to Bordallo and Sablan yesterday on Capitol Hill.
“As I have said before, this is not delay for the sake of delay,” Sablan said in a statement. “The reason to push back the date is so that the Department of Homeland Security has enough time to do it right.”
Regulations
As the June 1 date neared, many questions over the implementation remained unanswered.
The delay will allow DHS to draft and release the remaining regulations relating to the law, and allow for enough time for the public to comment. The proposed Visa Waiver Program is the only regulation that has been released for public comment, and it has received opposition from many in the CNMI community. The final rule has not been released.
Regulations relating to foreign workers, investors, students and retirees have not yet been released for comment, something that Rep. Diego Benavente, the chairman of the House's Committee on U.S. and Foreign Relations, said has led to a climate of uncertainty in the Commonwealth.
“While everyone realized it will happen at some point, I think people need a little bit more time to understand and prepare for that,” the representative said.
Rep. Sablan said he hopes the delay will allow Homeland Security more time to consider specific populations in the CNMI that will be greatly impacted if the regulations are not carefully written. As it is right now, some legal residents of the Commonwealth who do not have a valid U.S. visa will not be able to re-enter the CNMI if they must leave for a medical emergency or other reason. He asked DHS to create regulations allowing any legal resident to leave and re-enter without the need for a new U.S. visa. Moreover, Sablan is asking DHS to make the visa process more affordable for families with both U.S. citizen and non-U.S. citizen members.
“Visas applications are expensive and they require that families earn at least 125 percent of the federal poverty level,” he noted in the statement, adding that he hopes Napolitano will use her authority to make the process more affordable.
“I am hopeful that now that the new Obama Administration is settling in, we will be able to get down to the nitty-gritty of writing these regulations,” the congressman said. “It's been almost a year since the law was enacted. It's time that we start clearing away all the uncertainty that exists without clear regulations.”
Another reason Sablan asked for a delay is because there has been no money appropriated for border controls. One of the reasons that China and Russia were recently left out of the Guam-CNMI Visa Waiver program, Sablan noted, is that DHS believed border security was not adequate at this time.
“But this costs money. And no money has been appropriated by Congress to set up the NMI borders,” he said in February. “So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the buildup of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”
Lawsuit still on
When asked if the extension would have any effect on the lawsuit the CNMI has filed against DHS and U.S. Department of Labor, Fitial said: “I don't think so. I think that this lawsuit has its own place and this extension will provide all the necessary work that needs to be done to improve the implementation and enforcement of the new immigration law.”
The CNMI sued the federal agencies in September to halt the implementation of PL 110-229. A preliminary injunction seeking to stop DHS and DOL from taking over the local labor system was also filed in November. The case currently pending in U.S. District Court
Benavente said he hopes the lawsuit will be cleared so the CNMI can work with the federal agencies over the next several months.
Fitial has not been in communication with DHS about regulations, but Howard Willens, special legal counsel to the governor who is representing the CNMI in the lawsuit, said Commonwealth representatives have taken part in discussions at all levels with Homeland Security.
“There has been open and full discussions between representatives of the Commonwealth and representatives of DHS, in respect to all outstanding issues,” Willens said.
One such representative is Lynn Knight, chairperson for the Commonwealth Economic Development Commission. Knight is currently stationed in Washington D.C. to work on the federalization law and other economic development issues.
“We have had numerous meetings with the Department of Homeland Security over the past two months and they are listening to the CNMI's concerns. They're also reading all of the comments that individuals have taken the time to submit on the DHS website, so it's definitely worth the time and effort to comment,” Knight said in a statement.
Willens said the CNMI anticipated an extension might be granted but it was made clear in the lawsuit's briefs that that does not effect the Commonwealth's entitlement to a preliminary injunction. Each party-the CNMI and the federal government-will probably submit a short statement about the extension, Willens said.
CNMI Labor deputy secretary Cinta Kaipat said the 180-day extension would not impact the department. The department is pleased about the delay, but she said she is optimistic the judge will find in favor of the CNMI's preliminary injunction.
Judge Paul L. Friedman has taken the lawsuit and preliminary injunction under advisement.
Fitial said the CNMI will begin to prepare for the implementation of the federalization law once a decision on the lawsuit and preliminary injunction is announced.
“We will do what we need to do after the result of the lawsuit comes out, because we don't want to be doing something that we may not have to do after all,” he said, adding that the judge is aware of the deadline and should make a decision soon.
No benefit
Some people said they believe the delay is simply postponing the inevitable, with no noticeable benefit to be gained.
“In our view it makes no difference come November, everyone will be right back on the same situation,” said Taotao Tano president Gregorio Cruz Jr. “We continue to address that the entire federal immigration takeover is of national defense but everyone seems to ignore this issue. We are interested in seeing what will happen after the six months. In our view it's just aggravating the situation.”
A delay wasn't expected, Wendy Doromal said in an e-mail, but unfortunately, the federal government was not ready.
Doromal, a human rights advocate who has been outspoken about her support for the law, said she was hoping the extension would not be granted.
“My concern is that a delay will allow more time for the anti-federalization administration to scheme and manipulate at the expense of the foreign contract workers who will continue to be under the dysfunctional local labor system,” she said. “Perhaps a delay will give us more time to convince Congress to grant the foreign contract workers and foreign parents of U.S. citizen children a pathway to citizenship. That's what I will continue to work on.”
Money and jobs
The extension means more money coming in and more money going out for the CNMI government, which will affect both the Fiscal Year 2009 and Fiscal Year 2010 budgets.
Six more months of the Russia and China markets could mean more than $100 million coming into the CNMI, according to the Marianas Visitors Authority. Nonresident worker fees will also becoming in for six more months, an additional $2.5 to $3 million in revenue to the CNMI.
But both fiscal year budgets did not include appropriations for the local immigration division. The FY 2009 budget stops appropriating money to the agency on May 31, the day before the law was to go into effect and federal employees were to take over. The FY 2010 budget proposal, which the administration was preparing to turn into the Legislature yesterday, did not include funding for the local immigration division or include the revenue that could be seen from six more months of visa-free travel.
Fitial said the administration is making provisions to the budget.
CNMI Immigration director Melvin Grey yesterday said it is business as usual in the division. Sixty-one employees will be able to keep their jobs for another six months, but “we'll have to face it again in six months.”
Sunday, February 1, 2009
WASHINGTON, D.C. (Office of the CNMI Congressional Delegate) — Congressman Gregorio C. Sablan is pushing ahead with his effort to get an extra 180 days before federal immigration control begins in the islands.
Sablan met with Department of Homeland Security Assistant Secretary Richard Barth at the congressman’s Cannon office building on Capitol Hill to exchange views and information about the impending transition to federal immigration.
“There are substantial reasons for pushing back the June 1 transition date,” Sablan said. “And Congress foresaw that there might be. That’s why Public Law 110-229 does allow the secretary of Homeland Security to decide to delay implementation.”
He added, “I had a very productive conversation with Mr. Barth, who brought a team of experts from the department with him to our meeting. I think we are in agreement that continued contact and discussion is going to be essential to a smooth transition and I look forward to working with the new Obama administration in this way.”
Among the key issues that Sablan believes argue for a extension of time is the difficulty of putting up adequate border controls in the little time between now and June 1.
“One of the reasons that the visa waiver program for Chinese and Russian tourists is a problem,” according to Kilili, “is that DHS wants to have the ability to use state-of-the-art immigration controls at the six CNMI border entries. But this costs money. And no money has been appropriated by Congress to set up the NMI borders. So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the build up of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”
Sablan said he and Barth also discussed the timing of the transition.
The change of administrations in Washington has resulted in a delay in publishing regulations covering investor visas and other issues related to the federalization of immigration in the Northern Marianas.
Sablan said there is little time for public comment and consideration of those regulations before they have to go into effect on June 1.
“We want to make sure that when federal immigration control begins it doesn’t hurt individuals and businesses already in the commonwealth,” said Sablan. “That’s why I’m working for the six-month delay.”
Sablan met with Department of Homeland Security Assistant Secretary Richard Barth at the congressman’s Cannon office building on Capitol Hill to exchange views and information about the impending transition to federal immigration.
“There are substantial reasons for pushing back the June 1 transition date,” Sablan said. “And Congress foresaw that there might be. That’s why Public Law 110-229 does allow the secretary of Homeland Security to decide to delay implementation.”
He added, “I had a very productive conversation with Mr. Barth, who brought a team of experts from the department with him to our meeting. I think we are in agreement that continued contact and discussion is going to be essential to a smooth transition and I look forward to working with the new Obama administration in this way.”
Among the key issues that Sablan believes argue for a extension of time is the difficulty of putting up adequate border controls in the little time between now and June 1.
“One of the reasons that the visa waiver program for Chinese and Russian tourists is a problem,” according to Kilili, “is that DHS wants to have the ability to use state-of-the-art immigration controls at the six CNMI border entries. But this costs money. And no money has been appropriated by Congress to set up the NMI borders. So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the build up of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”
Sablan said he and Barth also discussed the timing of the transition.
The change of administrations in Washington has resulted in a delay in publishing regulations covering investor visas and other issues related to the federalization of immigration in the Northern Marianas.
Sablan said there is little time for public comment and consideration of those regulations before they have to go into effect on June 1.
“We want to make sure that when federal immigration control begins it doesn’t hurt individuals and businesses already in the commonwealth,” said Sablan. “That’s why I’m working for the six-month delay.”
Local
Monday, February 02, 2009
Fitial assures Chinese association he will 'fight' for their NMI stay
By Moneth Deposa
Reporter
Gov. Benigno R Fitial assured the Chinese community on island that his administration will continue the “fight” for their stay in the Commonwealth.
Over a hundred Chinese nationals gathered at Fiesta Resort & Spa Saipan Saturday night for their final hooray to the Chinese New Year.
Fitial, one of the event's guest speakers, had spoken before the crowd about the challenges faced by the CNMI in this Year of the Ox.
Press Secretary Charles Reyes Jr. yesterday reiterated the position of the governor on the exclusion of the Chinese and Russian markets to the Guam-CNMI Visa Waiver program which is slated to be enforced on June 1.
“The governor will not give up and assured Chinese nationals that he will continue to address that,” Reyes said, adding that the administration is working closely with federal policy lawmakers on how changes can be effected on the regulation.
The press secretary described the federalization law the “perfect financial storm” for the CNMI.
He said what the governor wants is for the federal government to continue to look for solutions that will protect both the national security as well as the islands' economic security.
“China is a very significant market for us.especially on Tinian,” Reyes said, alluding to the mostly Chinese clientele of the casino industry on island.
Fitial, along with local lawmakers, is pushing for at least delay on the implementation of the federalization law to give NMI ample time to build the necessary infrastructure.
“For the governor, it's worth giving all our efforts for these markets,” he said.
During the Jan. 26 celebration of Chinese New Year, Chinese Association of Saipan chairwoman Rose Chan said they were saddened by the federal government's decision.
“We will miss Saipan,” she told Saipan Tribune, admitting that the arrivals from China will see a significant decline once federalization takes into effect.
She believes that the “new system” may take away the interest of many Chinese who want to visit the island.
“But we're still hoping for the best for the CNMI,” she said.
Monday, February 02, 2009
Fitial assures Chinese association he will 'fight' for their NMI stay
By Moneth Deposa
Reporter
Gov. Benigno R Fitial assured the Chinese community on island that his administration will continue the “fight” for their stay in the Commonwealth.
Over a hundred Chinese nationals gathered at Fiesta Resort & Spa Saipan Saturday night for their final hooray to the Chinese New Year.
Fitial, one of the event's guest speakers, had spoken before the crowd about the challenges faced by the CNMI in this Year of the Ox.
Press Secretary Charles Reyes Jr. yesterday reiterated the position of the governor on the exclusion of the Chinese and Russian markets to the Guam-CNMI Visa Waiver program which is slated to be enforced on June 1.
“The governor will not give up and assured Chinese nationals that he will continue to address that,” Reyes said, adding that the administration is working closely with federal policy lawmakers on how changes can be effected on the regulation.
The press secretary described the federalization law the “perfect financial storm” for the CNMI.
He said what the governor wants is for the federal government to continue to look for solutions that will protect both the national security as well as the islands' economic security.
“China is a very significant market for us.especially on Tinian,” Reyes said, alluding to the mostly Chinese clientele of the casino industry on island.
Fitial, along with local lawmakers, is pushing for at least delay on the implementation of the federalization law to give NMI ample time to build the necessary infrastructure.
“For the governor, it's worth giving all our efforts for these markets,” he said.
During the Jan. 26 celebration of Chinese New Year, Chinese Association of Saipan chairwoman Rose Chan said they were saddened by the federal government's decision.
“We will miss Saipan,” she told Saipan Tribune, admitting that the arrivals from China will see a significant decline once federalization takes into effect.
She believes that the “new system” may take away the interest of many Chinese who want to visit the island.
“But we're still hoping for the best for the CNMI,” she said.
Monday, February 02, 2009
Local
Monday, February 02, 2009
Delay start of federalization-Kilili
By Kristi Eaton
Reporter
Congressman Gregorio “Kilili” Sablan met with a Department of Homeland Security official recently in an effort to delay the start of the federalization law.
Sablan (I-MP) met with Department of Homeland Security Assistant Secretary Richard Barth at the congressman's Cannon office building on Capitol Hill to exchange views and information about the impending transition to federal immigration beginning June 1. As part of the Public Law 110-229 signed into law last May by President Bush, federal immigration laws will extend to the CNMI, something that local government officials, business and tourism leaders, and community members believe will be detrimental to the Commonwealth's workforce, tourism market and economy.
“There are substantial reasons for pushing back the June 1 transition date,” Sablan said in a statement. “And Congress foresaw that there might be. That's why Public Law 110-229 does allow the Secretary of Homeland Security to decide to delay implementation. I had a very productive conversation with Mr. Barth, who brought a team of experts from the department with him to our meeting. I think we are in agreement that continued contact and discussion is going to be essential to a smooth transition and I look forward to working with the new Obama Administration in this way.”
One of the key reasons Sablan said he is asking for a delay is because there has been no money appropriated for border controls. One of the reasons that China and Russia were recently left out of the Guam-CNMI Visa Waiver program, Sablan noted, is that DHS believed border security was not adequate at this time.
“But this costs money. And no money has been appropriated by Congress to set up the NMI borders,” he said. “So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the build up of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”
A change in administration has also affected the timing of the implementation, Sablan said. With Obama and his new cabinet members just now coming into office, publishing regulations regarding investor visas and other federalization issues have been delayed, therefore leaving little time for public comment and consideration before June 1.
“When the law was drafted, I don't think anyone took into account how a presidential transition might affect the implementation timeline. But this is another reason that it makes sense to use the 180-day extension the law allows,” he added. “We want to make sure that when federal immigration control begins it doesn't hurt individuals and businesses already in the Commonwealth. That's why I'm working for the six month delay.”
Meanwhile, the congressman said a Legislature-approved bill would triple funding for the CNMI's children's health insurance program
“This is one of the largest percentage increases for any state or territory,” he said. “And the bill is on track to be signed into law very shortly.”
The State Children's Health Insurance Program is targeted at families that earn too much to qualify for Medicaid but cannot afford private health insurance for their children. Democrats in Congress twice had similar legislation vetoed by Bush. Obama is expected to sign the new SCHIP bill, fulfilling a campaign pledge to expand health insurance coverage for children.
Local
Monday, February 02, 2009
Delay start of federalization-Kilili
By Kristi Eaton
Reporter
Congressman Gregorio “Kilili” Sablan met with a Department of Homeland Security official recently in an effort to delay the start of the federalization law.
Sablan (I-MP) met with Department of Homeland Security Assistant Secretary Richard Barth at the congressman's Cannon office building on Capitol Hill to exchange views and information about the impending transition to federal immigration beginning June 1. As part of the Public Law 110-229 signed into law last May by President Bush, federal immigration laws will extend to the CNMI, something that local government officials, business and tourism leaders, and community members believe will be detrimental to the Commonwealth's workforce, tourism market and economy.
“There are substantial reasons for pushing back the June 1 transition date,” Sablan said in a statement. “And Congress foresaw that there might be. That's why Public Law 110-229 does allow the Secretary of Homeland Security to decide to delay implementation. I had a very productive conversation with Mr. Barth, who brought a team of experts from the department with him to our meeting. I think we are in agreement that continued contact and discussion is going to be essential to a smooth transition and I look forward to working with the new Obama Administration in this way.”
One of the key reasons Sablan said he is asking for a delay is because there has been no money appropriated for border controls. One of the reasons that China and Russia were recently left out of the Guam-CNMI Visa Waiver program, Sablan noted, is that DHS believed border security was not adequate at this time.
“But this costs money. And no money has been appropriated by Congress to set up the NMI borders,” he said. “So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the build up of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”
A change in administration has also affected the timing of the implementation, Sablan said. With Obama and his new cabinet members just now coming into office, publishing regulations regarding investor visas and other federalization issues have been delayed, therefore leaving little time for public comment and consideration before June 1.
“When the law was drafted, I don't think anyone took into account how a presidential transition might affect the implementation timeline. But this is another reason that it makes sense to use the 180-day extension the law allows,” he added. “We want to make sure that when federal immigration control begins it doesn't hurt individuals and businesses already in the Commonwealth. That's why I'm working for the six month delay.”
Meanwhile, the congressman said a Legislature-approved bill would triple funding for the CNMI's children's health insurance program
“This is one of the largest percentage increases for any state or territory,” he said. “And the bill is on track to be signed into law very shortly.”
The State Children's Health Insurance Program is targeted at families that earn too much to qualify for Medicaid but cannot afford private health insurance for their children. Democrats in Congress twice had similar legislation vetoed by Bush. Obama is expected to sign the new SCHIP bill, fulfilling a campaign pledge to expand health insurance coverage for children.
Sunday, September 7, 2008
Monday, September 08, 2008
Labor: $4.4M yearly in lost income under federalization
By Agnes E. Donato
Reporter
The Department of Labor says the Commonwealth will lose about $4.4 million a year once the federal government takes over the local labor system.
Cinta M. Kaipat, deputy secretary of labor, said the department projects that it can generate about $6.1 million in revenues in the 2009 fiscal year and in each subsequent year. Factoring in its annual budget of $1.7 million, the Labor Department would bring in a net $4.4 million, or an average of $350,000 to $400,000 every month to government coffers.
“If federal officials are allowed to take over our labor functions, PL 110-229 is very specific; we will lose all labor revenues,” Kaipat said in a letter to the Legislature. “So come June 1, 2009, the Commonwealth will be short some $400,000 every month in its budget.”
But some lawmakers are not convinced by the department's claim.
Rep. Diego T. Benavente, chairman of the House Committee on Federal and Foreign Relations, said the “federalization” of labor and immigration will save the government some money as well.
“There will be some offsetting of what money we'll lose with what we will save from not having to deal with the foreign workers,” said Benavente, whose committee is drafting a legislative report on the administration's plan to sue the U.S. government over the new immigration law.
Rep. Tina Sablan, a supporter of federalization, echoed Benavente's statement and urged the Labor Department to provide lawmakers with a detailed computation of potential savings from federalization.
“Until we get a more balanced picture of what the impact will, I will consider this claim as nothing more than propaganda designed to get us to support the lawsuit,” she said.
In her letter, Kaipat said the Labor Department is able to generate money faster now more than ever. The new automated processing system allows the department to collect fees faster. Fines are being collected from the old labor cases that have been resolved recently. And a more efficient “barred list” process ensures that employers who owe fines do not get services from the Labor Department until those fines are paid.
At the same time, Kaipat said, Labor has taken steps to streamline its operations. A new website has been installed to cut costs. Personnel are being cross-trained so that every staff member can do at least two jobs.
Kaipat said all the revenue generated by the Labor Department will be lost once federalization goes into effect. “There will be no negotiating about this loss of revenue. It has been commanded by Congress,” she said.
Unlike in Guam or the U.S. Virgin Islands, federally collected fees will not be turned over the Commonwealth government, she added.
Labor: $4.4M yearly in lost income under federalization
By Agnes E. Donato
Reporter
The Department of Labor says the Commonwealth will lose about $4.4 million a year once the federal government takes over the local labor system.
Cinta M. Kaipat, deputy secretary of labor, said the department projects that it can generate about $6.1 million in revenues in the 2009 fiscal year and in each subsequent year. Factoring in its annual budget of $1.7 million, the Labor Department would bring in a net $4.4 million, or an average of $350,000 to $400,000 every month to government coffers.
“If federal officials are allowed to take over our labor functions, PL 110-229 is very specific; we will lose all labor revenues,” Kaipat said in a letter to the Legislature. “So come June 1, 2009, the Commonwealth will be short some $400,000 every month in its budget.”
But some lawmakers are not convinced by the department's claim.
Rep. Diego T. Benavente, chairman of the House Committee on Federal and Foreign Relations, said the “federalization” of labor and immigration will save the government some money as well.
“There will be some offsetting of what money we'll lose with what we will save from not having to deal with the foreign workers,” said Benavente, whose committee is drafting a legislative report on the administration's plan to sue the U.S. government over the new immigration law.
Rep. Tina Sablan, a supporter of federalization, echoed Benavente's statement and urged the Labor Department to provide lawmakers with a detailed computation of potential savings from federalization.
“Until we get a more balanced picture of what the impact will, I will consider this claim as nothing more than propaganda designed to get us to support the lawsuit,” she said.
In her letter, Kaipat said the Labor Department is able to generate money faster now more than ever. The new automated processing system allows the department to collect fees faster. Fines are being collected from the old labor cases that have been resolved recently. And a more efficient “barred list” process ensures that employers who owe fines do not get services from the Labor Department until those fines are paid.
At the same time, Kaipat said, Labor has taken steps to streamline its operations. A new website has been installed to cut costs. Personnel are being cross-trained so that every staff member can do at least two jobs.
Kaipat said all the revenue generated by the Labor Department will be lost once federalization goes into effect. “There will be no negotiating about this loss of revenue. It has been commanded by Congress,” she said.
Unlike in Guam or the U.S. Virgin Islands, federally collected fees will not be turned over the Commonwealth government, she added.
Tuesday, March 18, 2008
Foreign Workers and S. 2739
Wednesday March 19, 2008
--------------------------------------------------------------------------------
‘Foreign workers can transfer anytime if S. 2739 becomes law’
By Gemma Q. Casas
Variety News Staff
FEDERAL Labor Ombudsman Jim Benedetto says the ability of foreign workers to transfer is guaranteed if S.2739, which includes the CNMI federalization measure, is enacted into law.
But he said questions about the implications of certain provisions of the bill can only be determined after the U.S. Department of Homeland Security adopts specific regulations.
The U.S. Senate is expected to deliberate and act on S. 2739 after their Easter break.
Under the bill, Benedetto said the U.S. Department of Homeland Security is tasked to establish, administer and enforce a system for allocating and determining the numbers, terms and conditions of permits that will be issued to each guest worker in the CNMI who will be considered as transitional worker.
Benedetto said this means that the department has to pass implementing regulations that should determine how many years transitional workers can work in the commonwealth, among other things.
“It could be a year, three years or five years. That has not been determined yet pending the passage of regulations,” Benedetto told Variety in a phone interview when asked about the length of stay of transitional workers.
He said the provisions of S. 2739 concerning the Northern Marianas should be implemented within a year after its enactment, but it also has a clause that allows the federal government to extend them for another 180 days.
The measure aims to gradually reduce the number of foreign workers every year. By 2014, the CNMI can no longer employ foreign workers.
But Benedetto said this is impossible to achieve given the islands’ small population, and this why the drafters of the bill inserted a clause to allow an indefinite extension of the federal guest worker program in increments of five years, subject to the approval of the U.S. Labor secretary.
“If the secretary of labor determines that such an extension is necessary to ensure an adequate number of workers for legitimate businesses in the commonwealth, the secretary of Labor may, through notice published in the Federal Register, provide for an additional extension of up to five years,” a portion of S. 2739 stated.
--------------------------------------------------------------------------------
‘Foreign workers can transfer anytime if S. 2739 becomes law’
By Gemma Q. Casas
Variety News Staff
FEDERAL Labor Ombudsman Jim Benedetto says the ability of foreign workers to transfer is guaranteed if S.2739, which includes the CNMI federalization measure, is enacted into law.
But he said questions about the implications of certain provisions of the bill can only be determined after the U.S. Department of Homeland Security adopts specific regulations.
The U.S. Senate is expected to deliberate and act on S. 2739 after their Easter break.
Under the bill, Benedetto said the U.S. Department of Homeland Security is tasked to establish, administer and enforce a system for allocating and determining the numbers, terms and conditions of permits that will be issued to each guest worker in the CNMI who will be considered as transitional worker.
Benedetto said this means that the department has to pass implementing regulations that should determine how many years transitional workers can work in the commonwealth, among other things.
“It could be a year, three years or five years. That has not been determined yet pending the passage of regulations,” Benedetto told Variety in a phone interview when asked about the length of stay of transitional workers.
He said the provisions of S. 2739 concerning the Northern Marianas should be implemented within a year after its enactment, but it also has a clause that allows the federal government to extend them for another 180 days.
The measure aims to gradually reduce the number of foreign workers every year. By 2014, the CNMI can no longer employ foreign workers.
But Benedetto said this is impossible to achieve given the islands’ small population, and this why the drafters of the bill inserted a clause to allow an indefinite extension of the federal guest worker program in increments of five years, subject to the approval of the U.S. Labor secretary.
“If the secretary of labor determines that such an extension is necessary to ensure an adequate number of workers for legitimate businesses in the commonwealth, the secretary of Labor may, through notice published in the Federal Register, provide for an additional extension of up to five years,” a portion of S. 2739 stated.
Tuesday, February 12, 2008
2-13-08 Saipan Tribune: C. Reyes Ltr to Ed--"Response to Mr. Wicker"
Wednesday, February 13, 2008
A response to Mr. Wicker
Mr. Willens asked me to respond to the letter from the Communications Director of the Senate Energy and Natural Resources Committee published in the Variety on Feb. 8, 2008. Mr. Willens is still waiting for a written response from a Committee lawyer to his detailed analysis of the plain meaning of H.R. 3079.
It is clear that Mr. Wicker does not understand H.R. 3079. It establishes a permit system under which each employer in the Commonwealth must have a permit in order to hire a nonimmigrant foreign worker. It does not matter whether the foreign worker is presently in the CNMI or enters under the H visa program. He or she cannot get a job unless the employer has a permit to hire a foreign worker for the particular job. Under the current bill, these permits must be reduced to zero by Dec. 31, 2013. If there is no extension of the transition period, the law would require the departure of more than 19,000 foreign workers currently working here.
Mr. Wicker's lack of familiarity with the legislation is also made clear by his suggestion that, after the termination of the transition period, “the nonimmigrant worker program under the INA will continue indefinitely, along with all of the provisions of the U.S. immigration laws.” He seems to forget that by that time the CNMI will be subject to the national caps on H-1B and H-2B visas. If they are allocated proportionally to population, that will entitle the Commonwealth to 10 or fewer workers in each category, which would clearly fall far short of CNMI’s labor needs.
Mr. Wicker's letter, however, did provide some new information. The Senate Committee has finally decided to write a Committee report regarding its recommendation that the Senate pass H.R. 3079. When the Committee decided last December to bundle this “non-controversial” bill with 50 or more other bills from the House of Representatives, there was no suggestion that the Committee would file a report explaining its action. Why is the Committee asking the full Senate to vote on a bill any day now without any explanation from the Committee as to what the bill means and what will be its impact on the Commonwealth's economy, citizens, and foreign workers?
Why should we be surprised? This is the same Committee that endorsed a bill based on the facts of 10 years ago, when Allen Stayman was in the Clinton Administration, rather than the situation existing today in the Commonwealth. This is the same Committee that requested a report from the Government Accountability Office and then refused to defer action until the GAO completed its work-now only a few months away. This is the same Committee that endorsed a House bill that is substantially different from the version considered by the Committee at its hearings in July 2007, without pausing to evaluate the changes made by the House of Representatives or asking for comments from the Commonwealth.
Charles P. Reyes Jr.
Press Secretary
Capital Hill, Saipan
A response to Mr. Wicker
Mr. Willens asked me to respond to the letter from the Communications Director of the Senate Energy and Natural Resources Committee published in the Variety on Feb. 8, 2008. Mr. Willens is still waiting for a written response from a Committee lawyer to his detailed analysis of the plain meaning of H.R. 3079.
It is clear that Mr. Wicker does not understand H.R. 3079. It establishes a permit system under which each employer in the Commonwealth must have a permit in order to hire a nonimmigrant foreign worker. It does not matter whether the foreign worker is presently in the CNMI or enters under the H visa program. He or she cannot get a job unless the employer has a permit to hire a foreign worker for the particular job. Under the current bill, these permits must be reduced to zero by Dec. 31, 2013. If there is no extension of the transition period, the law would require the departure of more than 19,000 foreign workers currently working here.
Mr. Wicker's lack of familiarity with the legislation is also made clear by his suggestion that, after the termination of the transition period, “the nonimmigrant worker program under the INA will continue indefinitely, along with all of the provisions of the U.S. immigration laws.” He seems to forget that by that time the CNMI will be subject to the national caps on H-1B and H-2B visas. If they are allocated proportionally to population, that will entitle the Commonwealth to 10 or fewer workers in each category, which would clearly fall far short of CNMI’s labor needs.
Mr. Wicker's letter, however, did provide some new information. The Senate Committee has finally decided to write a Committee report regarding its recommendation that the Senate pass H.R. 3079. When the Committee decided last December to bundle this “non-controversial” bill with 50 or more other bills from the House of Representatives, there was no suggestion that the Committee would file a report explaining its action. Why is the Committee asking the full Senate to vote on a bill any day now without any explanation from the Committee as to what the bill means and what will be its impact on the Commonwealth's economy, citizens, and foreign workers?
Why should we be surprised? This is the same Committee that endorsed a bill based on the facts of 10 years ago, when Allen Stayman was in the Clinton Administration, rather than the situation existing today in the Commonwealth. This is the same Committee that requested a report from the Government Accountability Office and then refused to defer action until the GAO completed its work-now only a few months away. This is the same Committee that endorsed a House bill that is substantially different from the version considered by the Committee at its hearings in July 2007, without pausing to evaluate the changes made by the House of Representatives or asking for comments from the Commonwealth.
Charles P. Reyes Jr.
Press Secretary
Capital Hill, Saipan
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