Willens says NMI can regulate workforce
Monday, March 22 2010 00:00 By Gemma Q. Casas - Reporter
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GOVERNOR Benigno R. Fitial’s special legal counsel, Howard P. Willens, says the CNMI government is free to consider alternative means of regulating its workforce despite the federal government’s statement that the employment of aliens on the islands is now within U.S. jurisdiction.

Willens made the statement in support of House Bill 17-25 which both houses of the Legislature passed on Friday afternoon during their back-to-back sessions.

“Looking further ahead, the commonwealth will be free to consider alternative means of regulating its workforce in light of all applicable laws. The clear direction of [U.S. Public Law 110-229 or the Consolidated Natural Resources Act of 2008] is that United States citizens are to be favored for employment and all foreign workers who cannot qualify under the federal system for a visa must be removed by the end of 2014,” Willens said in a memorandum to the governor.

H.B. 17-25, or the Omnibus Immigration Conformity Act of 2010, which Rep. Rafael S. Demapan, Covenant-Saipan, sponsored is expected to be signed into law.

According to Willens, no federal law affects the Commonwealth Legislature’s ability to pass the bill.

“This proposed Omnibus Immigration Conformity Act of 2010 is designed primarily to reflect and implement the provision of the CNRA expressly preempting those commonwealth laws ‘relating to the admission of aliens and the removal of aliens from the commonwealth.’ The proposed legislation does this by eliminating all references in the relevant CNMI laws to the immigration authority previously exercised by the commonwealth,” said Willens.

According to the bill, U.S. citizens must be given preference when seeking employment in the CNMI.

It further requires all documented foreigners on the islands who have been here for over 90 days to register with the CNMI Department of Labor even if they posses umbrella permits that are valid through Nov. 27, 2011.

“The legislation…deals with the local economy and workforce in ways that do not affect the federal government’s immigration authority or the foreign affairs or security issues addressed by the CNRA,” Willens said.