Monday, March 29, 2010
Local
Monday, March 29, 2010
ADVICE TO CONFUSED WORKERS, EMPLOYERS
'Continue coordinating with CNMI Labor'
By Ferdie de la Torre
Reporter
Attorney General Edward T. Buckingham said alien workers and employers who are confused about the conflicting views of the federal and CNMI governments on umbrella permits should continue to coordinate with the Department of Labor.
Buckingham told Saipan Tribune that workers should attend to their scheduled return date to Labor and continue to obey all CNMI and U.S. laws.
“I have a legal opinion on this matter (umbrella permits issue),” Buckingham said, adding that he respects a difference of opinion with federal officials.
The federal government's position is that the CNMI Labor lost its authority to revoke the umbrella permits after the federalization law took effect on Nov. 28, 2009. CNMI Labor and Buckingham dispute this.
Walter Haith, the Guam/CNMI U.S. Citizenship and Immigration Services field office director, said in a recent forum that the federal government is certain in its views on the umbrella permit and authority over nonresident workers, but it is ultimately the decision of workers and employers whom they will believe and follow.
The CIS official also suggested to workers and employers to see their office or Federal Ombudsman Pamela Brown if they have problems with their umbrella permits.
Haith said employers should also consult their legal counsel if they have doubts.
Buckingham disclosed that Immigration and Customs Enforcement agents continue to work with Labor at the operational level.
“We have a recent case where the ICE agent inquired about the umbrella permit. Labor advised them there was a permit,” Buckingham said.
The ICE agent, the AG said, stated that the foreign national worker had been convicted of a sex offense against a minor and if Labor would revoke the umbrella permit.
“Labor said it would take steps to revoke. ICE said it would work with Labor after the umbrella permit was revoked so the person could be deported,” Buckingham added.
Showing posts with label Attorney General Edward T. Buckingham. Show all posts
Showing posts with label Attorney General Edward T. Buckingham. Show all posts
Sunday, March 28, 2010
Friday, March 19, 2010
Local
Saturday, March 20, 2010
Legislature OKs omnibus immigration bill
By Haidee V. Eugenio
Reporter
The House and Senate passed a Fitial administration-sponsored omnibus immigration bill that asserts CNMI control over nonresident workers, and converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark, during back-to-back sessions yesterday afternoon.
Gov. Benigno R. Fitial is expected to immediately sign the bill when it is transmitted to his office on Monday.
“Governor Fitial is very pleased with the swift action of both houses of the Legislature. He will sign it into law when it reaches his desk on Monday,” said press secretary Angel Demapan, who attended the House and Senate sessions with Attorney General Edward T. Buckingham and Deputy Labor Secretary Cinta M. Kaipat.
Republicans in the House, however, questioned the legality, true purpose, and urgency of House Bill 17-25, HS1, which also reorganizes the CNMI Department of Labor.
HB 17-25, HS1, introduced by Rep. Rafael S. Demapan (Cov-Saipan), amends sections of the Commonwealth Code dealing with immigration functions, to reflect the assumption of immigration responsibilities by the federal government pursuant to Public Law 110-229, Title VII, which became effective on Nov. 28, 2009.
House Minority Leader Diego T. Benavente (R-Saipan) said the “questionable” piece of legislation contradicts federal position, which was also highlighted in separate questions-and-answers documents released by the CNMI and the U.S. Citizenship and Immigration Service.
“Is this bill legal, in a way that it does not conflict with or violate federal law?” Benavente asked House legal counsel John Cool. The counsel said in his opinion, the bill is legal and also cited the attorney general's opinion on the matter.
House Speaker Froilan C. Tenorio (Cov-Saipan) said the legality of the bill is not for the Legislature to decide.
“It seems to me that the bill pushes the agenda of the governor that the federal government is wrong; that we control labor, not the federal government,” said Benavente.
Buckingham said the bill clarifies the role of the CNMI Department of Labor and gives direction to employers and nonresident workers.
Kaipat said the bill “brings clarity” on what's pre-empted and what's not, adding that coming up with the umbrella permit is an ingenuous way to stabilize the workforce and allowed the CNMI to continue to implement the local law.
“I urge all of you to pass this bill today,” Kaipat told House members.
As Buckingham earlier said, the CNMI Labor has the authority to revoke umbrella permits, contrary to statements made by Federal Labor Ombudsman Pamela Brown that seem to suggest that an umbrella permit cannot be revoked.
Buckingham also earlier said that CNMI Labor has both the authority and the duty to monitor compliance with umbrella permit holders, and should one or more conditions of the umbrella permit are not met, the umbrella permit may be revoked.
He said the federal government assumed control over entry and exit into the CNMI, but did not replace the CNMI Department of Labor for its activities.
The House unanimously adopted the 27-page standing committee report by Demapan's Judiciary and Governmental Operations Committee, recommending passage of Demapan's HB 17-25, HS1.
After over an hour of discussion and debate on the measure, HB 17-25, HS1 passed the House on a 16-2 vote, with one abstention and one absence.
Only Reps. Ramon A. Tebuteb (R-Saipan) and Ray N. Yumul (R-Saipan) voted “no” on the bill, while Rep. Trenton Conner (R-Tinian) abstained from voting. Rep. Frederick P. Deleon Guerrero (Ind-Saipan) was excused.
Benavente voted “yes with major reservation,” while Rep. Francisco Dela Cruz (R-Saipan) voted “yes with reservation.” Benavente said he still thinks that the bill is questionable.
Immediately after the House passage, Demapan's bill was transmitted to the Senate.
Senators unanimously passed the bill. Only seven of nine senators were present yesterday. Sens. Henry San Nicolas (Cov-Tinian) and Sen. Ralph Torres (R-Saipan) were absent.
Kaipat earlier said the omnibus immigration bill will change the mandatory 20 percent to 30 percent local hiring preference to a floating benchmark based on the population of U.S. citizens and permanent residents on the islands in a bid to reduce unemployment among them.
The Saipan Chamber of Commerce, the largest business organization in the CNMI, is opposed to a floating benchmark in local hiring.
If enacted, the omnibus bill amends parts of Public Law 15-108, or the Commonwealth Employment Act of 2007. It will delete all regulations of the defunct CNMI Division of Immigration and “move any necessary language over to the labor regulations.”
Kaipat said another key provision of the bill is the reorganization of CNMI Labor.
Saturday, March 20, 2010
Legislature OKs omnibus immigration bill
By Haidee V. Eugenio
Reporter
The House and Senate passed a Fitial administration-sponsored omnibus immigration bill that asserts CNMI control over nonresident workers, and converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark, during back-to-back sessions yesterday afternoon.
Gov. Benigno R. Fitial is expected to immediately sign the bill when it is transmitted to his office on Monday.
“Governor Fitial is very pleased with the swift action of both houses of the Legislature. He will sign it into law when it reaches his desk on Monday,” said press secretary Angel Demapan, who attended the House and Senate sessions with Attorney General Edward T. Buckingham and Deputy Labor Secretary Cinta M. Kaipat.
Republicans in the House, however, questioned the legality, true purpose, and urgency of House Bill 17-25, HS1, which also reorganizes the CNMI Department of Labor.
HB 17-25, HS1, introduced by Rep. Rafael S. Demapan (Cov-Saipan), amends sections of the Commonwealth Code dealing with immigration functions, to reflect the assumption of immigration responsibilities by the federal government pursuant to Public Law 110-229, Title VII, which became effective on Nov. 28, 2009.
House Minority Leader Diego T. Benavente (R-Saipan) said the “questionable” piece of legislation contradicts federal position, which was also highlighted in separate questions-and-answers documents released by the CNMI and the U.S. Citizenship and Immigration Service.
“Is this bill legal, in a way that it does not conflict with or violate federal law?” Benavente asked House legal counsel John Cool. The counsel said in his opinion, the bill is legal and also cited the attorney general's opinion on the matter.
House Speaker Froilan C. Tenorio (Cov-Saipan) said the legality of the bill is not for the Legislature to decide.
“It seems to me that the bill pushes the agenda of the governor that the federal government is wrong; that we control labor, not the federal government,” said Benavente.
Buckingham said the bill clarifies the role of the CNMI Department of Labor and gives direction to employers and nonresident workers.
Kaipat said the bill “brings clarity” on what's pre-empted and what's not, adding that coming up with the umbrella permit is an ingenuous way to stabilize the workforce and allowed the CNMI to continue to implement the local law.
“I urge all of you to pass this bill today,” Kaipat told House members.
As Buckingham earlier said, the CNMI Labor has the authority to revoke umbrella permits, contrary to statements made by Federal Labor Ombudsman Pamela Brown that seem to suggest that an umbrella permit cannot be revoked.
Buckingham also earlier said that CNMI Labor has both the authority and the duty to monitor compliance with umbrella permit holders, and should one or more conditions of the umbrella permit are not met, the umbrella permit may be revoked.
He said the federal government assumed control over entry and exit into the CNMI, but did not replace the CNMI Department of Labor for its activities.
The House unanimously adopted the 27-page standing committee report by Demapan's Judiciary and Governmental Operations Committee, recommending passage of Demapan's HB 17-25, HS1.
After over an hour of discussion and debate on the measure, HB 17-25, HS1 passed the House on a 16-2 vote, with one abstention and one absence.
Only Reps. Ramon A. Tebuteb (R-Saipan) and Ray N. Yumul (R-Saipan) voted “no” on the bill, while Rep. Trenton Conner (R-Tinian) abstained from voting. Rep. Frederick P. Deleon Guerrero (Ind-Saipan) was excused.
Benavente voted “yes with major reservation,” while Rep. Francisco Dela Cruz (R-Saipan) voted “yes with reservation.” Benavente said he still thinks that the bill is questionable.
Immediately after the House passage, Demapan's bill was transmitted to the Senate.
Senators unanimously passed the bill. Only seven of nine senators were present yesterday. Sens. Henry San Nicolas (Cov-Tinian) and Sen. Ralph Torres (R-Saipan) were absent.
Kaipat earlier said the omnibus immigration bill will change the mandatory 20 percent to 30 percent local hiring preference to a floating benchmark based on the population of U.S. citizens and permanent residents on the islands in a bid to reduce unemployment among them.
The Saipan Chamber of Commerce, the largest business organization in the CNMI, is opposed to a floating benchmark in local hiring.
If enacted, the omnibus bill amends parts of Public Law 15-108, or the Commonwealth Employment Act of 2007. It will delete all regulations of the defunct CNMI Division of Immigration and “move any necessary language over to the labor regulations.”
Kaipat said another key provision of the bill is the reorganization of CNMI Labor.
Monday, March 15, 2010
Local
Tuesday, March 16, 2010
Fitial hits USCIS; issues own Q&A
AG: CNMI may revoke aliens' immigration status
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial and Lt. Gov. Eloy S. Inos said yesterday that the answers provided by the U.S. Citizenship and Immigration Services on federalization and the extent to which CNMI laws continue to be enforced during the two-year transition period following Nov. 28, 2009 “are not consistent” with the provision of the Consolidated Natural Resources Act.
Attorney General Edward T. Buckingham also issued yesterday a legal opinion stating that the CNRA does not expressly preempt the CNMI from administering and revoking Commonwealth immigration status of aliens during the two-year transition period.
“Indeed, it would be illogical and unjust to allow aliens to remain in the CNMI for up to two years by virtue of their Commonwealth status without a mechanism for administering that status,” Buckingham said in his eight-page legal opinion.
Fitial and Inos pointed out that USCIS has not issued final regulations with respect to foreign workers or foreign investors in the CNMI.
“Instead, USCIS has issued a questions and answers document setting forth their policy views with respect to matters they believe might be subject to federal regulations,” said Fitial and Inos.
USCIS is one of the component agencies of the U.S. Department of Homeland Security.
The Fitial administration's statement came after U.S. Interior Assistant Secretary Tony Babauta defended Federal Ombudsman Pamela Brown's statements at a forum where she stated, among other things, that the CNMI Department of Labor lost its authority to revoke umbrella permits when the federalization law took effect on Nov. 28, 2009.
USCIS also issued this weekend a guidance memorandum that supports Brown's statements on umbrella permits and alien employment issues.
The Fitial administration said the employment of aliens in the CNMI under the CNRA is a shared responsibility of the federal and CNMI governments.
USCIS earlier said this is now a matter of federal law.
Fitial and Inos issued yesterday their own question-and-answers similar to the format issued by USCIS during the weekend, so that the differences between the federal government and the CNMI on federalization issues can be easily understood.
“In addition, many Commonwealth employers already have approved employment contracts in place with the foreign workers they employ. All of these employment arrangements must be honored and cannot be disturbed by federal officials,” they said.
The administration said the preemption provision in the CNRA does not preempt the labor laws of the Commonwealth-broadly defined as those laws regulating the terms of employment between employers and employees, including those specific provisions relating to the employment of foreign workers such as the provision for medical expenses-that do not conflict with any provisions of federal law.
“In short, CNMI can and will exercise the same powers with respect to its workforce as are exercised by the states. The views of the Commonwealth on this preemption issue are set forth more fully in the opinion of the CNMI Attorney General dated March 15, 2010,” Fitial and Inos said.
'Inconsistent'
Fitial and Inos said holders of umbrella permits may not work “for any private employer in the CNMI until Nov. 27, 2011” as asserted by USCIS.
“This is inconsistent with the provisions of CNMI law under which the permits were issued and agreed to by the worker, student, investor, or other recipient of such a permit. In the case of a foreign worker, for example, who received an umbrella permit under category 240K, the worker is required to return to the CNMI Department of Labor in the event that he or she is no longer employed, for whatever reason, and seek permission to pursue other employment within a limited period of time,” they said.
USCIS earlier said in the case of the category 240K Foreign National Worker Permit, aliens are authorized to work for any private sector employer in the CNMI until Nov. 27, 2011.
The Fitial administration said investors are not permitted to work for any private employer, and may work only in the establishment in which they have invested.
It said students may not work for any private employer, but may work only part-time and in accordance with the limitations set out in Commonwealth law and regulations.
'No conflict'
Buckingham said there is no actual conflict between the CNRA and the CNMI's administration and revocation of Commonwealth immigration status during the transition period.
First, it is possible for the CNMI to administer and revoke Commonwealth immigration status without violating the CNRA because the CNRA preserves Commonwealth status, which is dependent on compliance with Commonwealth law, during the transition period.
Second, CNMI administration and revocation of Commonwealth immigration status during the transition period would not be an obstacle to the CNRA's purposes and objectives.
This, according to the attorney general, is because: (1) border security would not be adversely affected; (2) the Commonwealth's foreign national worker program would be phased-out in an orderly manner; (3) federal immigration responsibilities would be phased-in in an orderly manner; (4) potential adverse economic and fiscal effects of phasing-out the Commonwealth's foreign national worker program would be minimized by the orderly transition; and (5) the Commonwealth's potential for future economic and business growth would be maximized by the orderly transition.
Deputy Labor Secretary Jacinta M. Kaipat said earlier that the names of some 300 foreigners are ready to be referred “soon” to the U.S. Immigration and Customs Enforcement for deportation, while some 200 umbrella permits issued to foreigners have so far been revoked.
Tuesday, March 16, 2010
Fitial hits USCIS; issues own Q&A
AG: CNMI may revoke aliens' immigration status
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial and Lt. Gov. Eloy S. Inos said yesterday that the answers provided by the U.S. Citizenship and Immigration Services on federalization and the extent to which CNMI laws continue to be enforced during the two-year transition period following Nov. 28, 2009 “are not consistent” with the provision of the Consolidated Natural Resources Act.
Attorney General Edward T. Buckingham also issued yesterday a legal opinion stating that the CNRA does not expressly preempt the CNMI from administering and revoking Commonwealth immigration status of aliens during the two-year transition period.
“Indeed, it would be illogical and unjust to allow aliens to remain in the CNMI for up to two years by virtue of their Commonwealth status without a mechanism for administering that status,” Buckingham said in his eight-page legal opinion.
Fitial and Inos pointed out that USCIS has not issued final regulations with respect to foreign workers or foreign investors in the CNMI.
“Instead, USCIS has issued a questions and answers document setting forth their policy views with respect to matters they believe might be subject to federal regulations,” said Fitial and Inos.
USCIS is one of the component agencies of the U.S. Department of Homeland Security.
The Fitial administration's statement came after U.S. Interior Assistant Secretary Tony Babauta defended Federal Ombudsman Pamela Brown's statements at a forum where she stated, among other things, that the CNMI Department of Labor lost its authority to revoke umbrella permits when the federalization law took effect on Nov. 28, 2009.
USCIS also issued this weekend a guidance memorandum that supports Brown's statements on umbrella permits and alien employment issues.
The Fitial administration said the employment of aliens in the CNMI under the CNRA is a shared responsibility of the federal and CNMI governments.
USCIS earlier said this is now a matter of federal law.
Fitial and Inos issued yesterday their own question-and-answers similar to the format issued by USCIS during the weekend, so that the differences between the federal government and the CNMI on federalization issues can be easily understood.
“In addition, many Commonwealth employers already have approved employment contracts in place with the foreign workers they employ. All of these employment arrangements must be honored and cannot be disturbed by federal officials,” they said.
The administration said the preemption provision in the CNRA does not preempt the labor laws of the Commonwealth-broadly defined as those laws regulating the terms of employment between employers and employees, including those specific provisions relating to the employment of foreign workers such as the provision for medical expenses-that do not conflict with any provisions of federal law.
“In short, CNMI can and will exercise the same powers with respect to its workforce as are exercised by the states. The views of the Commonwealth on this preemption issue are set forth more fully in the opinion of the CNMI Attorney General dated March 15, 2010,” Fitial and Inos said.
'Inconsistent'
Fitial and Inos said holders of umbrella permits may not work “for any private employer in the CNMI until Nov. 27, 2011” as asserted by USCIS.
“This is inconsistent with the provisions of CNMI law under which the permits were issued and agreed to by the worker, student, investor, or other recipient of such a permit. In the case of a foreign worker, for example, who received an umbrella permit under category 240K, the worker is required to return to the CNMI Department of Labor in the event that he or she is no longer employed, for whatever reason, and seek permission to pursue other employment within a limited period of time,” they said.
USCIS earlier said in the case of the category 240K Foreign National Worker Permit, aliens are authorized to work for any private sector employer in the CNMI until Nov. 27, 2011.
The Fitial administration said investors are not permitted to work for any private employer, and may work only in the establishment in which they have invested.
It said students may not work for any private employer, but may work only part-time and in accordance with the limitations set out in Commonwealth law and regulations.
'No conflict'
Buckingham said there is no actual conflict between the CNRA and the CNMI's administration and revocation of Commonwealth immigration status during the transition period.
First, it is possible for the CNMI to administer and revoke Commonwealth immigration status without violating the CNRA because the CNRA preserves Commonwealth status, which is dependent on compliance with Commonwealth law, during the transition period.
Second, CNMI administration and revocation of Commonwealth immigration status during the transition period would not be an obstacle to the CNRA's purposes and objectives.
This, according to the attorney general, is because: (1) border security would not be adversely affected; (2) the Commonwealth's foreign national worker program would be phased-out in an orderly manner; (3) federal immigration responsibilities would be phased-in in an orderly manner; (4) potential adverse economic and fiscal effects of phasing-out the Commonwealth's foreign national worker program would be minimized by the orderly transition; and (5) the Commonwealth's potential for future economic and business growth would be maximized by the orderly transition.
Deputy Labor Secretary Jacinta M. Kaipat said earlier that the names of some 300 foreigners are ready to be referred “soon” to the U.S. Immigration and Customs Enforcement for deportation, while some 200 umbrella permits issued to foreigners have so far been revoked.
Sunday, November 29, 2009
Kaipat: AG didn’t consult Labor in decision to grant protection to overstayers
Monday, 30 November 2009 00:00
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THE attorney general’s decision to give broad protection to illegal overstayers was a complete surprise to the Department of Labor, its Deputy Secretary Cinta Kaipat said in a media release.
“The attorney general 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,” she added.
The AG formerly had legitimate interests in prosecuting illegal aliens, but as of Nov. 28, 2009, those duties were taken over by the federal Immigration and Customs Enforcement, which is a part of the U.S. Department of Homeland Security.
“The attorney general certainly could use these applications from overstayers for law enforcement purposes,” Kaipat said. “All these records could be turned over to the federal law enforcement authorities so that illegal aliens could be deported.”
She added, “Labor never intended the umbrella permit program to be any general amnesty, and it should not be treated as such by any commonwealth agency. 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. In the commonwealth government, only Labor has the legislative authority to allow aliens to work in the commonwealth.”
According to Kaipat, “Labor has a process by which we certify overstayers to the director of Immigration, who works for the attorney general. Overstayer names are published in the news media a number of times and persons on the list are given an opportunity to come in to Labor and correct the records. After the records have been corrected as necessary, a certified list is created. Once an overstayer is on the certified list, then Labor stays its hand and does not deal administratively with that worker until Immigration allows the worker to come off the list for a good reason.”
Kaipat said most persons put on the list are never removed from it.
By making this informal agreement with the Immigration Division, which is not in writing, Labor has not delegated any of its authority to the attorney general, she added.
Labor is simply cooperating with another commonwealth agency, she said.
“We will no longer be certifying overstayers to the attorney general,” Kaipat said.
Arrangements with federal authorities have not yet been worked out, however.
Monday, 30 November 2009 00:00
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THE attorney general’s decision to give broad protection to illegal overstayers was a complete surprise to the Department of Labor, its Deputy Secretary Cinta Kaipat said in a media release.
“The attorney general 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,” she added.
The AG formerly had legitimate interests in prosecuting illegal aliens, but as of Nov. 28, 2009, those duties were taken over by the federal Immigration and Customs Enforcement, which is a part of the U.S. Department of Homeland Security.
“The attorney general certainly could use these applications from overstayers for law enforcement purposes,” Kaipat said. “All these records could be turned over to the federal law enforcement authorities so that illegal aliens could be deported.”
She added, “Labor never intended the umbrella permit program to be any general amnesty, and it should not be treated as such by any commonwealth agency. 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. In the commonwealth government, only Labor has the legislative authority to allow aliens to work in the commonwealth.”
According to Kaipat, “Labor has a process by which we certify overstayers to the director of Immigration, who works for the attorney general. Overstayer names are published in the news media a number of times and persons on the list are given an opportunity to come in to Labor and correct the records. After the records have been corrected as necessary, a certified list is created. Once an overstayer is on the certified list, then Labor stays its hand and does not deal administratively with that worker until Immigration allows the worker to come off the list for a good reason.”
Kaipat said most persons put on the list are never removed from it.
By making this informal agreement with the Immigration Division, which is not in writing, Labor has not delegated any of its authority to the attorney general, she added.
Labor is simply cooperating with another commonwealth agency, she said.
“We will no longer be certifying overstayers to the attorney general,” Kaipat said.
Arrangements with federal authorities have not yet been worked out, however.
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
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.
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