Monday, November 30, 2009
Local
Monday, November 30, 2009
Limited re-entry options for alien workers in CNMI
CBP now conducts immigration checks at Saipan, Rota airports
By Haidee V. Eugenio
Reporter
The U.S. Department of Homeland Security has yet to decide whether to come up with emergency regulations to allow foreign workers to travel in and out of the CNMI as a federal judge suggested last week, or to issue a new set of rules for the transitional worker program, even as DHS officially took over CNMI immigration at 12:01am on Saturday.
In the interim, alien workers who need to exit and re-enter the CNMI will be dealt with by the U.S. Citizenship and Immigration Services on a case-by-case basis, including those traveling for emergency reason, or an “advanced parole” for others.
Securing a CW-1 visa is not yet an option for re-entry, due to a court ruling preventing DHS from implementing its CNMI transitional worker program rule.
Takeover
At least 14 U.S. Customs and Border Protection officers took over the immigration booths at the Saipan International Airport to process the first flight to arrive in the CNMI under federal immigration law.
Among them was CBP officer James Collett, from Buffalo, New York.
“I've been with CBP since 2007 and this is my first time here on Saipan,” he said, while preparing his immigration booth to process passengers.
Jeff Guerrero, a CBP officer from Guam, was also among those who manned the first shift at the Saipan airport under federal immigration control.
He's been with CBP for four years, and expects the processing on Saipan to be “a little bit different” from that in Guam where there are more passengers arriving at any given day.
Each immigration booth at the Saipan airport is equipped with a passport reader, a camera, and a fingerprint scanner, said Edward Low, public affairs liaison at the CBP-San Francisco office.
Low said there were 37 CBP officers and CBP managers on Saipan for the takeover, along with four others assigned to Rota on a temporary basis. CBP will be recruiting officers to be permanently assigned to the CNMI.
Jerry Aevermann, interim port director of CBP for the CNMI, and CBP port director for Hawaii Bruce Murley were also at the airport to oversee the federal operations.
First flight in
At 1:11am on Saturday, passengers of a Northwest Airlines flight from Japan began lining up in front of fully equipped immigration counters manned by CBP officers from all parts of the United States.
Tourists from Japan, which is included in the visa waiver program, are not required to have a U.S. visa to enter the CNMI.
At least one passenger from the Philippines with no U.S. travel or work visa had to be directed to a secondary immigration check. DHS or CBP officials declined to comment on the status of the passenger, including whether she will be allowed in or sent back to the Philippines.
DHS invited CNMI officials including U.S. Rep. Gregorio Kilili C. Sablan (D-MP), Senate President Pete P. Reyes and other lawmakers, along with members of the media, inside the airport to witness the first passengers to be processed by CBP officers.
Also at the airport were Rep. Ralph Torres (R-Saipan), Rep. Tina Sablan (Ind-Saipan), Rep. Ray Tebuteb (R-Saipan), Rep. Diego Benavente (R-Saipan), Marianas Visitors Authority managing director Perry Tenorio, and MVA board member Marian Aldan-Pierce.
“This is very interesting. The operation looks fairly clean and smooth,” said Tebuteb when asked for comment on his observation of CBP's takeover of immigration processing at the airport.
'Advanced parole'
Alexander Y. Hartman, immigration policy advisor at DHS' Office of Policy Development, said CBP officers have a number of options they can look at whether they can parole someone in on a case-by-case basis, including an advanced parole to travel, or a U.S. B1 or B2 visa.
Hartman said DHS has not made a decision yet whether to issue emergency regulations to allow foreign workers to exit and re-enter the CNMI as suggested by Judge Paul Friedman last week or come up with a new set of rules.
“Actually the judge gave a bit more latitude in his decision. He said the current rule can't go into effect and that DHS needs to find a way to go through the notice and comment process and issue a rule, and so one option is to do an emergency rule.We're still considering whether we want to go that route,” Hartman told reporters in an interview at the Saipan airport while CBP officers were processing passengers of a Northwest Airline flight.
He said another option is to issue a new proposed rule and start the process from scratch.
“We haven't decided either way which option we'll do. In the intervening time, we will be looking at people's need to travel on a case-by-case basis,” he said.
Nonresident workers who are in the CNMI now and who would have been eligible for a transitional worker visa are allowed under the Consolidated Natural Resources Act to stay on the island for the time their permit is valid or up to two years, whichever is shorter. As long as they're on island, they still have work authorization if their permit is valid under CNMI law.
Hartman said legitimate foreign workers who need DHS authorization to exit and re-enter the CNMI for emergency reason will be dealt with on a case-by-case basis.
For non-emergency travel, nonresident workers may apply for a so-called “advanced parole” with USCIS.
Advanced parole is different from the parole authority for Chinese and Russian tourists visiting the CNMI.
“Advanced parole is like advancing permission to travel. So you file an application with USCIS and they issue you a document that says you are authorized to leave and return, subject to inspection at the airport when you come back. Parole is when somebody arrives at the airport and that Customs and Border Protection officer makes a determination whether to allow them to come in even if they don't have a visa,” Hartman said.
Those wanting to apply for advanced parole would need to schedule an appointment or go online to obtain and file an application with USCIS.
DHS, in a statement issued on Saturday, said immigration laws of the CNMI will be replaced by the Immigration and Nationality Act and other U.S. immigration laws effective Nov. 28 pursuant to a law signed by President Bush on May 8, 2008.
The definition of “United States” in the INA will simultaneously be amended to include the CNMI-providing new privileges and easing restrictions to CNMI residents wishing to live and work in the United States.
Transition period
Although U.S. immigration law applies to the CNMI beginning Nov. 28, the CNMI will undergo a transition period with temporary measures ending Dec. 31, 2014, to allow for an orderly transition and give individuals time to identify an appropriate visa classification under the INA.
Marie Thérèse Sebrechts, USCIS regional media manager, said the takeover on Saturday marked a major step in a series of DHS initiatives undertaken since the Consolidated Natural Resources Act's signing to address the legal and operational needs for a smooth transition.
Five important rules to facilitate the transition were published in the Federal Register in 2009 to address key changes under the CNRA, including a CNMI-Guam Visa Waiver Program interim rule on Jan. 16; an E-2 Nonimmigrant Status for Aliens in the CNMI with Long-Term Investor Status proposed rule on Sept. 14; a CNMI Transitional Worker Classification interim rule on Oct. 27; and an Application of Immigration Regulations to the CNMI “conforming amendments” interim rule, also on Oct. 27.
On March 10, USCIS also opened its Application Support Center at TSL Plaza on Saipan to provide biometric services-including fingerprint capture, photos and signatures-along with additional services, including naturalization and adjustment of status interviews, as well as opportunities for the public to obtain answers to immigration questions.
'Parole authority'
Homeland Security Secretary Janet Napolitano, in recognizing that some unique situations would result as the CNMI transitions to U.S. immigration laws, announced the granting of parole to applicants for admission on a case-by-case basis for urgent humanitarian reasons or significant public benefit.
Parole authority will be used in two specific situations in the CNMI.
One is for eligible Chinese and Russian nationals visiting for business or pleasure will be eligible for CBP-administered parole into the CNMI on a case-by-case basis.
The second one is for certain impacted aliens-notably CNMI permanent residents and various categories of immediate relatives-will be eligible for USCIS-administered parole on a case-by-case basis.
Impact on Guam
The CNRA also contains two provisions that specifically impact Guam, including the elimination of the current Guam Visa Waiver Program and the creation of a new Guam-CNMI Visa Waiver Program, under which eligible nationals of program countries and geographic areas may be authorized to visit Guam and/or the CNMI for up to 45 days.
The second one is for the elimination of the statutory cap on the number of H nonimmigrant worker petitions that can be filed by employers in Guam and the CNMI.
The federal takeover on Saturday marked another chapter in the CNMI's 34-year relationship with the United States. The so-called federalization of local immigration took decades of political, social and economic wrangling between Washington, D.C. and the CNMI.
Sunday, November 29, 2009
Local
Monday, November 30, 2009
OAG, Labor: No 'umbrella permits' for overstayers
Kaipat says Labor not consulted on broad protection for overstayers
By Ferdie de la Torre
Reporter
The “umbrella permits” are not part of an amnesty program for overstayers and, as such, will not be issued to these out-of-status aliens, according to a joint statement issued Friday by the Office of the Attorney General and the Department of Labor.
The joint statement came shortly after acting Labor Secretary Cinta M. Kaipat expressed disappointment with Attorney General Edward Buckingham's decision to grant conditional “umbrella permits” to overstayers.
Kaipat and Buckingham explained that their joint statement would clarify the situation with respect to overstayers.
The two officials said the “umbrella permit” program implemented by Labor was never meant to be-and is not-an amnesty program.
Kaipat and Buckingham said overstayers were given the opportunity to legitimately return to the Department of Labor's guest worker program and their names were published in newspapers on more than one occasion, but they failed to rectify their status.
“They are excludable aliens on many counts. They do not meet the statutory requirements to be legitimately put back on the system,” Kaipat and Buckingham said.
As a result, they said, these overstayers remain excludable today and Labor and the OAG agree that no further processing of applications from this group of overstayers is appropriate.
They said the list of overstayers will be forwarded to federal immigration.
“No further review will be conducted by the Office of the Attorney General,” Kaipat and Buckingham said.
In a press release prior to the joint statement, Kaipat said Buckingham's decision to give broad protection to illegal overstayers was a complete surprise to Labor.
“The AG never discussed this plan with us and, so far as we know, he never discussed it with anyone on his interagency working group-not the Chamber of Commerce, the representatives of foreign workers, the Department of Commerce, Customs, or anyone else,” Kaipat said.
She said the AG formerly had legitimate interests in prosecuting illegal aliens, but as of Nov. 28, 2009, Saturday, those duties were to be taken over by the federal agency Immigration and Customs Enforcement.
“The AG certainly could use these applications from overstayers for law enforcement purposes. And all these records could be turned over to the federal law enforcement authorities so that illegal aliens could be deported,” Kaipat said.
She pointed out that there should be no general grant of permits to illegal aliens.
“We do not know what the Attorney General plans to do, but Labor will not grant any permission to work to any person that Labor has not approved for an umbrella permit,” she said.
Kaipat said only Labor has the legislative authority to allow aliens to work in the Commonwealth.
Kaipat said that, by making an informal agreement with the Division of Immigration, which is not in writing, Labor has not delegated any of its authority to the AG.
Labor is simply cooperating with another Commonwealth agency, she added.
“We will no longer be certifying overstayers to the Attorney General,” Kaipat said.
Buckingham on Thursday issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Labor started issuing “umbrella permits” on Oct. 26. Last Friday was the supposed to be the last day of issuing the permits. As of Friday at 8:30pm, Labor stopped entertaining less than 10 alien workers, mostly Chinese, who requested for “umbrella permits.”
Monday, November 30, 2009
OAG, Labor: No 'umbrella permits' for overstayers
Kaipat says Labor not consulted on broad protection for overstayers
By Ferdie de la Torre
Reporter
The “umbrella permits” are not part of an amnesty program for overstayers and, as such, will not be issued to these out-of-status aliens, according to a joint statement issued Friday by the Office of the Attorney General and the Department of Labor.
The joint statement came shortly after acting Labor Secretary Cinta M. Kaipat expressed disappointment with Attorney General Edward Buckingham's decision to grant conditional “umbrella permits” to overstayers.
Kaipat and Buckingham explained that their joint statement would clarify the situation with respect to overstayers.
The two officials said the “umbrella permit” program implemented by Labor was never meant to be-and is not-an amnesty program.
Kaipat and Buckingham said overstayers were given the opportunity to legitimately return to the Department of Labor's guest worker program and their names were published in newspapers on more than one occasion, but they failed to rectify their status.
“They are excludable aliens on many counts. They do not meet the statutory requirements to be legitimately put back on the system,” Kaipat and Buckingham said.
As a result, they said, these overstayers remain excludable today and Labor and the OAG agree that no further processing of applications from this group of overstayers is appropriate.
They said the list of overstayers will be forwarded to federal immigration.
“No further review will be conducted by the Office of the Attorney General,” Kaipat and Buckingham said.
In a press release prior to the joint statement, Kaipat said Buckingham's decision to give broad protection to illegal overstayers was a complete surprise to Labor.
“The AG never discussed this plan with us and, so far as we know, he never discussed it with anyone on his interagency working group-not the Chamber of Commerce, the representatives of foreign workers, the Department of Commerce, Customs, or anyone else,” Kaipat said.
She said the AG formerly had legitimate interests in prosecuting illegal aliens, but as of Nov. 28, 2009, Saturday, those duties were to be taken over by the federal agency Immigration and Customs Enforcement.
“The AG certainly could use these applications from overstayers for law enforcement purposes. And all these records could be turned over to the federal law enforcement authorities so that illegal aliens could be deported,” Kaipat said.
She pointed out that there should be no general grant of permits to illegal aliens.
“We do not know what the Attorney General plans to do, but Labor will not grant any permission to work to any person that Labor has not approved for an umbrella permit,” she said.
Kaipat said only Labor has the legislative authority to allow aliens to work in the Commonwealth.
Kaipat said that, by making an informal agreement with the Division of Immigration, which is not in writing, Labor has not delegated any of its authority to the AG.
Labor is simply cooperating with another Commonwealth agency, she added.
“We will no longer be certifying overstayers to the Attorney General,” Kaipat said.
Buckingham on Thursday issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Labor started issuing “umbrella permits” on Oct. 26. Last Friday was the supposed to be the last day of issuing the permits. As of Friday at 8:30pm, Labor stopped entertaining less than 10 alien workers, mostly Chinese, who requested for “umbrella permits.”
Thursday, November 26, 2009
Fitial, Workers Welcome Ruling; Federal Takeover Excludes Labor--For Now
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.
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.
628 'overstayers' get conditional umbrella permits
Local
Thursday, November 26, 2009
By Ferdie de la Torre
Reporter
Attorney General Edward T. Buckingham has granted conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
As this developed, two long lines of people seeking “umbrella permits” were seen at the Department of Labor yesterday-four days before the federalization transition date takes effect on Saturday, Nov. 28.
In a public notice issued today, Thursday, Buckingham said that certain conditions apply in the case of the 628 individuals who were classified as “overstayers.”
Should any of these individuals fail to comply with each and every condition, the conditional umbrella permit shall be null and void, he said.
The AG said each conditional “umbrella permit” is subject to renewal and that members of the AG Investigative Unit will be reviewing the renewals.
Aliens classified as “overstayers” and those having pending Labor cases trooped to Labor yesterday as early as 6am. As of 12pm, many of the “early birds” were still near the entrance of the former Halinas Kitchen where Labor and Immigration were processing the “umbrella permits.”
The other separate line was for persons having Immediate Relative status or pending IR status. Some of those with IR status said they fell in line on Tuesday, but were instructed to return yesterday.
In a statement issued Tuesday, Labor Deputy Secretary Cinta Kaipat stated that over 90 percent of those qualified to obtain the “umbrella permits” have already obtained their permits.
The federalization law states that any Commonwealth-issued permit that is in existence on Nov. 27, 2009, will be honored for two years after the law's transition date. The transition date is currently set for Nov. 28, 2009.
Labor began the distribution of “umbrella permits” last Oct. 26.
Thursday, November 26, 2009
By Ferdie de la Torre
Reporter
Attorney General Edward T. Buckingham has granted conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
As this developed, two long lines of people seeking “umbrella permits” were seen at the Department of Labor yesterday-four days before the federalization transition date takes effect on Saturday, Nov. 28.
In a public notice issued today, Thursday, Buckingham said that certain conditions apply in the case of the 628 individuals who were classified as “overstayers.”
Should any of these individuals fail to comply with each and every condition, the conditional umbrella permit shall be null and void, he said.
The AG said each conditional “umbrella permit” is subject to renewal and that members of the AG Investigative Unit will be reviewing the renewals.
Aliens classified as “overstayers” and those having pending Labor cases trooped to Labor yesterday as early as 6am. As of 12pm, many of the “early birds” were still near the entrance of the former Halinas Kitchen where Labor and Immigration were processing the “umbrella permits.”
The other separate line was for persons having Immediate Relative status or pending IR status. Some of those with IR status said they fell in line on Tuesday, but were instructed to return yesterday.
In a statement issued Tuesday, Labor Deputy Secretary Cinta Kaipat stated that over 90 percent of those qualified to obtain the “umbrella permits” have already obtained their permits.
The federalization law states that any Commonwealth-issued permit that is in existence on Nov. 27, 2009, will be honored for two years after the law's transition date. The transition date is currently set for Nov. 28, 2009.
Labor began the distribution of “umbrella permits” last Oct. 26.
Thursday, August 13, 2009
Hirshbein now acting Labor secretary, deputy secretary
Local
Friday, August 14, 2009
By Ferdie de la Torre
Reporter
Barry Hirshbein, a Labor administrative hearing officer, is now both the acting Labor Secretary and acting Labor Deputy Secretary.
This developed after Labor Deputy Secretary Jacinta M. Kaipat became the acting Labor Secretary after Labor Secretary Gil M. San Nicolas took a leave of absence.
Kaipat, however, took a temporary leave last week after the Election Commission certified her candidacy for the Senate.
Saipan Tribune learned yesterday that on July 29, Kaipat, as then acting Labor Secretary, appointed hearing officer Hirshbein as acting Labor Deputy Secretary.
“No budgetary authority will be expended on this position as this appointment is temporary. Mr. Hirshbein holds a permanent appointment as a hearing officer and will be compensated only in that capacity,” said Kaipat in a letter appointing Hirshbein.
In June, Kaipat removed Hirshbein as Labor director and transferred him to his previous assignment, Labor administrative hearing officer.
Hirshbein, who is a former prosecutor, served as Labor director for one year and six months.
Kaipat also recently appointed Labor administrative hearing officer Jerry Cody as acting director of the Labor Administrative Hearing Office.
“No budgetary authority will be expended on this position as these duties will be consolidated temporarily with hearing officer duties,” she said.
Kaipat said Cody holds a permanent appointment as a hearing officer and will be paid only in that capacity.
Friday, August 14, 2009
By Ferdie de la Torre
Reporter
Barry Hirshbein, a Labor administrative hearing officer, is now both the acting Labor Secretary and acting Labor Deputy Secretary.
This developed after Labor Deputy Secretary Jacinta M. Kaipat became the acting Labor Secretary after Labor Secretary Gil M. San Nicolas took a leave of absence.
Kaipat, however, took a temporary leave last week after the Election Commission certified her candidacy for the Senate.
Saipan Tribune learned yesterday that on July 29, Kaipat, as then acting Labor Secretary, appointed hearing officer Hirshbein as acting Labor Deputy Secretary.
“No budgetary authority will be expended on this position as this appointment is temporary. Mr. Hirshbein holds a permanent appointment as a hearing officer and will be compensated only in that capacity,” said Kaipat in a letter appointing Hirshbein.
In June, Kaipat removed Hirshbein as Labor director and transferred him to his previous assignment, Labor administrative hearing officer.
Hirshbein, who is a former prosecutor, served as Labor director for one year and six months.
Kaipat also recently appointed Labor administrative hearing officer Jerry Cody as acting director of the Labor Administrative Hearing Office.
“No budgetary authority will be expended on this position as these duties will be consolidated temporarily with hearing officer duties,” she said.
Kaipat said Cody holds a permanent appointment as a hearing officer and will be paid only in that capacity.
Fitial asks garment trust fund to help displaced workers
Friday, August 14, 2009
Local
Thursday, August 13, 2009
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial yesterday asked the Garment Workers Trust Fund to reconsider its decision not to provide compensation to former garment workers who have prevailed in their labor cases but who have not been paid because both the employer and the bonding company have gone out of business.
The governor's letter came over two months after the trust fund announced that it still has $600,000 available to help former garment workers who are still on Saipan and are facing hardships.
The trust fund also earlier said it intends to donate its remaining funds to charity.
In yesterday's letter to Garment Workers Trust Fund chair Timothy H. Bellas, Fitial said “if the Trust Fund can make a donation to a charity, then it would seem also possible for the Trust Fund to make a donation to each qualified worker.”
Fitial said a distribution from the trust fund to each worker with proven claims that remain unpaid seems the best way to carry out the original intent of the litigation that created the fund. He said the distribution may be in an equal amount.
He said there is no need to make any attempt to make the workers whole on their claims or to pay any “wage” as such.
Bellas, in a phone interview yesterday, said he reserves any comment to the media until he responds directly to Fitial's letter.
He also said he will be sending a copy of the governor's letter to two other members of the Garment Workers Trust Fund. They are former Washington State Supreme Court chief justice Richard Guy and former California Supreme Court justice Cruz Reynoso.
Fitial cited a list of individuals claims on behalf of 213 former garment workers totaling some $700,000 that was provided by the Department of Labor to Bellas' office in May.
At the time of the release of the list, Kaipat had said the claims were from the information provided by those who registered with Labor at the Garapan Central Park last summer and include those who registered with the federal ombudsman's office in the summer of 2007. Kaipat's list includes workers who were employed by garment industry subcontractors.
“Some of these workers would like o return home, but do not have enough savings for a ticket and there is no employer or bond to tap for the ticket,” Fitial told Bellas.
In his letter, the governor also said the CNMI “has made great strides in improving its guest worker program.”
“Making a donation to qualified workers would help close the books on the past. I hope that you will be able to support this proposal,” he added.
The former Garment Oversight Board, then chaired by Bellas, established the trust fund after settlement money in the form of checks originally distributed to the workers came back or were not cashed.
The board was set up pursuant to the landmark $20 million settlement agreement in the class action against Saipan's garment industry.
Since March, Saipan has completely lost its once mighty garment industry due to the lifting of world trade rules. The industry used to employ some 20,000 workers, most of them from Asian countries such as China and the Philippines.
Earlier, Bellas said the trust fund is still accepting applications from former garment workers to avail of the funding until Aug. 15, 2009.
Local
Thursday, August 13, 2009
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial yesterday asked the Garment Workers Trust Fund to reconsider its decision not to provide compensation to former garment workers who have prevailed in their labor cases but who have not been paid because both the employer and the bonding company have gone out of business.
The governor's letter came over two months after the trust fund announced that it still has $600,000 available to help former garment workers who are still on Saipan and are facing hardships.
The trust fund also earlier said it intends to donate its remaining funds to charity.
In yesterday's letter to Garment Workers Trust Fund chair Timothy H. Bellas, Fitial said “if the Trust Fund can make a donation to a charity, then it would seem also possible for the Trust Fund to make a donation to each qualified worker.”
Fitial said a distribution from the trust fund to each worker with proven claims that remain unpaid seems the best way to carry out the original intent of the litigation that created the fund. He said the distribution may be in an equal amount.
He said there is no need to make any attempt to make the workers whole on their claims or to pay any “wage” as such.
Bellas, in a phone interview yesterday, said he reserves any comment to the media until he responds directly to Fitial's letter.
He also said he will be sending a copy of the governor's letter to two other members of the Garment Workers Trust Fund. They are former Washington State Supreme Court chief justice Richard Guy and former California Supreme Court justice Cruz Reynoso.
Fitial cited a list of individuals claims on behalf of 213 former garment workers totaling some $700,000 that was provided by the Department of Labor to Bellas' office in May.
At the time of the release of the list, Kaipat had said the claims were from the information provided by those who registered with Labor at the Garapan Central Park last summer and include those who registered with the federal ombudsman's office in the summer of 2007. Kaipat's list includes workers who were employed by garment industry subcontractors.
“Some of these workers would like o return home, but do not have enough savings for a ticket and there is no employer or bond to tap for the ticket,” Fitial told Bellas.
In his letter, the governor also said the CNMI “has made great strides in improving its guest worker program.”
“Making a donation to qualified workers would help close the books on the past. I hope that you will be able to support this proposal,” he added.
The former Garment Oversight Board, then chaired by Bellas, established the trust fund after settlement money in the form of checks originally distributed to the workers came back or were not cashed.
The board was set up pursuant to the landmark $20 million settlement agreement in the class action against Saipan's garment industry.
Since March, Saipan has completely lost its once mighty garment industry due to the lifting of world trade rules. The industry used to employ some 20,000 workers, most of them from Asian countries such as China and the Philippines.
Earlier, Bellas said the trust fund is still accepting applications from former garment workers to avail of the funding until Aug. 15, 2009.
Monday, August 3, 2009
Kaipat says passport surrender policy not new
Tuesday, 04 August 2009 00:00 By Junhan B. Todeno - Variety News Staff
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FOREIGN workers who just arrived on Saipan said the Division of Immigration asked them to surrender their passports upon their arrival at the Francisco C. Ada International Airport and only got them back after they underwent the mandatory orientation seminar at the Department of Labor.
Division of Labor officer Israel De Leon briefs guest workers who just arrived on Saipan during a mandatory orientation program. Photo by Junhan B. Todeno
Division of Labor officer Israel De Leon briefs guest workers who just arrived on Saipan during a mandatory orientation program. Photo by Junhan B. Todeno
But Labor Deputy Secretary Cinta Kaipat said there is nothing new to this policy.
“Workers must complete certain processing, including orientation, in order to enter the Commonwealth. The Immigration Division holds passports until all processing is completed,” she said.
She said even the U.S. applies the same policy when admitting foreign workers.
She said every guest worker arriving in the Commonwealth must attend the orientation. If they fail, they could be immediately repatriated.
The labor official said all guest workers should be aware about the local labor policies, particularly the mandatory, orientation seminar.
The local labor laws were modified on Jan. 1, 2008.
Kapat said they haven’t received any complaints about the orientation process, and “many guest workers have expressed their thanks for the very informative way the Commonwealth welcomes new workers.”
In some cases, she added, employers attend the orientation session along with the workers. She said some employers even praise the local labor system for adopting the mandatory orientation policy.
The Labor Department holds orientation seminar in three languages—English, Chinese and Korean—though a videotaped program.
Kaipat said they will soon have Filipino and Japanese versions despite budget constraints.
She said each new guest worker received basic information on their rights and responsibilities under Commonwealth and U.S. law.
The employment of each arriving guest worker is checked to ensure that an actual job is available and the employer is financially capable of paying the required wages, she said.
“All these new steps, put into place by Public Law 15-108, have substantially reduced the number of labor disputes and complaints involving recently-arriving workers. The program is working as the Legislature intended,” Kaipat said.
But Kaipat said the numbers of arrivals of guest workers have declined this year compared to the previous years.
She cited the contributing factors: the Labor Department vigorously enforces the U.S. citizen workforce participation requirement and regulation changes that have greatly narrowed the available exemptions; the Governor barred entry of unskilled workers; and the Labor Department enforces a secondary preference for on-island workers as it is much more efficient for the Commonwealth government when
E-mail Print PDF
FOREIGN workers who just arrived on Saipan said the Division of Immigration asked them to surrender their passports upon their arrival at the Francisco C. Ada International Airport and only got them back after they underwent the mandatory orientation seminar at the Department of Labor.
Division of Labor officer Israel De Leon briefs guest workers who just arrived on Saipan during a mandatory orientation program. Photo by Junhan B. Todeno
Division of Labor officer Israel De Leon briefs guest workers who just arrived on Saipan during a mandatory orientation program. Photo by Junhan B. Todeno
But Labor Deputy Secretary Cinta Kaipat said there is nothing new to this policy.
“Workers must complete certain processing, including orientation, in order to enter the Commonwealth. The Immigration Division holds passports until all processing is completed,” she said.
She said even the U.S. applies the same policy when admitting foreign workers.
She said every guest worker arriving in the Commonwealth must attend the orientation. If they fail, they could be immediately repatriated.
The labor official said all guest workers should be aware about the local labor policies, particularly the mandatory, orientation seminar.
The local labor laws were modified on Jan. 1, 2008.
Kapat said they haven’t received any complaints about the orientation process, and “many guest workers have expressed their thanks for the very informative way the Commonwealth welcomes new workers.”
In some cases, she added, employers attend the orientation session along with the workers. She said some employers even praise the local labor system for adopting the mandatory orientation policy.
The Labor Department holds orientation seminar in three languages—English, Chinese and Korean—though a videotaped program.
Kaipat said they will soon have Filipino and Japanese versions despite budget constraints.
She said each new guest worker received basic information on their rights and responsibilities under Commonwealth and U.S. law.
The employment of each arriving guest worker is checked to ensure that an actual job is available and the employer is financially capable of paying the required wages, she said.
“All these new steps, put into place by Public Law 15-108, have substantially reduced the number of labor disputes and complaints involving recently-arriving workers. The program is working as the Legislature intended,” Kaipat said.
But Kaipat said the numbers of arrivals of guest workers have declined this year compared to the previous years.
She cited the contributing factors: the Labor Department vigorously enforces the U.S. citizen workforce participation requirement and regulation changes that have greatly narrowed the available exemptions; the Governor barred entry of unskilled workers; and the Labor Department enforces a secondary preference for on-island workers as it is much more efficient for the Commonwealth government when
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