Labor Says It Can Revoke Umbrella Permits

Labor says it can revoke umbrella permits
Tuesday, 09 March 2010 00:00 By Gemma Q. Casas - Reporter
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JUST days after Federal Labor Ombudsman Pamela Brown announced that umbrella permit holders are protected from being deported until Nov. 27, 2011 even if they lose their jobs, the CNMI Department of Labor is now asking lawmakers to pass a measure, H.B. 17-25, requiring all foreigners working, studying and doing business on the islands to register every year with DOL.

Deputy Labor Secretary Jacinta M. Kaipat told the Senate Standing Committee on Judiciary and Governmental Operations during a hearing yesterday afternoon that despite the implementation on Nov. 28, 2009 of U.S. Public Law 110-229, or the federalization law, the CNMI government can still enact labor-related laws to protect its interests.

“We need to…prevent any disruption by federal preemption. When we take out the immigration and deportation language, then [CNMI] laws are beyond the reach of federal preemption,” said Kaipat.

A major issue is the legal impact of the umbrella permits that thousands of foreign workers, students and investors as well as their dependents were given prior to Nov. 28, 2009.

Brown said the employers do not need the approval of the CNMI Department of Labor to hire umbrella permit holders and these workers can also get part-time jobs.

Kaipat disagrees.

“The federal ombudsman and some other lawyers are consistently trying to undermine the umbrella permit program. Careful analysis prior to implementing the umbrella permit program confirmed that it is within the powers already granted to the Department of Labor by the Legislature,” said Kaipat in her written testimony.

“However, to dispel any doubt, Section 2 of [House Bill 17-25] provides: ‘It is the intent of the Legislature that the umbrella permits issued by the Department of Labor in 2009 continue to be governed under the department’s normal processes. All umbrella permits and the bases on which they were granted are ratified and approved…any other provision of current or former law or regulation notwithstanding…. Section 5(Q)(4) confirms the department’s authority to modify or revoke umbrella permits,” she added.

H.B. 17-25, or the Immigration Conformity Act of 2010, was introduced by Rep. Rafael S. Demapan, Covenant-Saipan.
According to the bill, the federalization of the islands’ immigration system “does not preempt the commonwealth’s labor laws.”

“It is the intent of the Legislature that this act shall exercise the authority of the commonwealth to regulate labor conditions and practices within the commonwealth,” H.B. 17-25 stated.

“It is the intent of the Legislature that the umbrella permits issued by the Department of Labor in 2009 continue to be governed under the department’s normal processes,” it added.

The bill requires every alien who remains in the CNMI longer than 90 days to register with Labor. This registration will be renewed annually.

Failure to register is considered a misdemeanor punishable by a fine of $500 and imprisonment of not more than 90 days or both.

The bill also asserts the power of DOL to “revoke umbrella permits” if conditions are not met.