Local
Tuesday, May 04, 2010
Fitial wants unified NMI voice on Interior report
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial's administration said yesterday it is “deeply disappointed” by the U.S. Department of the Interior's lack of proper consultation and its submission of a report to the U.S. Congress on the status of alien workers six hours before local leaders had a chance to see the report's contents for the first time.
The Fitial administration is bent on opposing portions of the report, as well as the recommendation by the Interior of granting long-term status to nonresidents who have legally resided in the CNMI for at least five years.
“It almost appears as if there were ulterior motives behind the advanced submission of the Interior’s recommendations,” press secretary Angel Demapan told Saipan Tribune.
Alien worker groups led by the United Workers Movement-NMI are now working on a strategy of their own to ensure that the U.S. Congress will act swiftly on Interior's recommendations, including granting U.S. citizenship or permanent residency leading to citizenship.
Ronnie Doca, board chairman of the UWM-NMI, invited community members to the strategy session on Saturday at the American Memorial Park, from 2pm to 4pm.
Interior gave five examples of how a long-term status can be granted, including conferring U.S. citizenship by an act of Congress and granting permanent residency leading to U.S. citizenship.
Fitial will meet as early as today with lawmakers, mayors and at least four Cabinet members to come up with a unified CNMI government response to the Interior report and recommendation.
“This meeting is aimed at safeguarding the interests and addressing the potential impact that such recommendations will have on the Commonwealth and the local community. It is the intent of the administration to have the Commonwealth leaders come together in an effort to formulate a unified response and position to the recommendations submitted by DOI,” Demapan said.
Uphill battle in Congress
CNMI Delegate Gregorio Kilili C. Sablan (D-MP) recognized the anxiety caused by the Interior report. Among other things, he said these are just recommendations to Congress.
Sablan said as the CNMI representative to the U.S. Congress, he is not going to let immigration legislation go through Congress until everyone has a chance to give their opinion.
“And I am not going to let any immigration legislation go through Congress unless I think it represents the will of the majority,” he said.
Secondly, Sablan said “the political reality is that any immigration legislation faces an uphill battle in Congress.”
“Whether you like the recommendations or you don't like them - as President Obama said on Friday-Congress lacks 'the appetite' for immigration legislation this year,” said Sablan, responding to Saipan Tribune questions.
He, however, said that Congress has to have a “very serious and level-headed discussion about the future of foreign workers in the Marianas.”
“We need a labor force for our economy. We need consumers in our economy. Can we really afford to send all 20,000 foreign workers home?” he asked.
Sablan also cited Fitial's statements to the media in December stating that he won't oppose the federal government's granting of “green cards” to alien workers should the federal government decides to do so.
“Well, as you know the governor said months ago that he is not opposed to green cards. And now the Secretary of the Interior is agreeing with the governor on that,” he added.
'Weaknesses'
Sablan said the Interior report has some “serious weaknesses.”
“In many ways its recommendations are just a list of options. So that's not very helpful. Then there is the problem of forecasting how many workers our economy will need in the coming years. Interior interviewed 10 businesses and concluded we would need 15 percent more workers than we have now. That's a pretty weak analysis. Giving all foreign workers green cards-which the governor says is okay-is one end of the spectrum. The other end is to do nothing and let foreign workers be zeroed out,” he said.
The delegate said most people would probably like to see something between those two extreme positions.
“This is why we have a transition period: to allow time for all of these questions to be answered. But we do have to start a serious discussion. The situation calls for some real leadership despite that the issue is messy, difficult, and requires compromise,” he said.
Washington, DC hearing
Demapan said Fitial also “hinted” that he may be attending a hearing in Washington, D.C. on May 18 to be conducted by the U.S. House Subcommittee on Insular Affairs, Oceans and Wildlife chaired by Guam Delegate Madeleine Z. Bordallo.
Bordallo's subcommittee will hold an oversight hearing on the implementation of the federalization law in the CNMI.
Fitial is likely to use the occasion to present the CNMI government's unified position on the Interior report and recommendation.
Bordallo invited CNMI officials to attend the hearing or submit testimony.
Sablan said he will also try to hold a field hearing in the CNMI-“probably in early 2011 so people have more opportunity to express their feelings.”
Senate President Paul A. Manglona (R-Rota), who was among those invited to the Washington, D.C. hearing, said he would rather submit a testimony which will incorporate the position statement on the Interior report that the CNMI Senate is expected to come up with by next week.
House Speaker Froilan C. Tenorio (Cov-Saipan) said Fitial can submit his own comments to Congress, but his plan of coming up with a unified CNMI government position after meeting with other top officials will be better.
But Tenorio said Interior only did what it was required to do-to submit a report on the status of alien workers by a set deadline.
U.S. Public Law 110-220 or the federalization law gives the Interior until May 10, 2010, to submit the report. It contains data on the alien population in the CNMI, as well as recommendations for long-term status for the alien population.
Interior recommends that thousands of alien workers who have lawfully resided in the CNMI for a minimum of five years be allowed to apply for long-term status under the Immigration and Nationality Act.
Tenorio, just like other lawmakers, said he has yet to decide whether to support the Interior recommendations on the status of aliens in the CNMI.
Manglona, for his part, commended the governor for trying to reach out to other leaders to come up with a unified position on the Interior report and recommendation.
He said he also asked all the other senators to carefully read the Interior report so that the Senate can also come up with a position paper as early as next week.
“We may also introduce a resolution on our position,” said Manglona.
House Minority Leader Diego T. Benavente (R-Saipan) said the group will meet today to discuss, among other things, the Interior report.
'Railroaded'
Demapan said the Fitial administration “is deeply disappointed by the lack of consultation and the actions of DOI in submitting the recommendations to Congress six hours before local leaders had a chance to see its contents for the first time.”
Assistant Interior Secretary for Insular Affairs Tony Babauta said that Interior submitted the report to Congress toward the close of business hours on Thursday in Washington, D.C. or about 8am on Saipan on Friday.
At 2pm last Friday, Babauta met with Lt. Gov. Eloy S. Inos and other CNMI officials to personally present copies of the Interior report.
Babauta said Interior had consulted with CNMI officials. He also said the CNMI can submit comments to the Congress.
Demapan said the CNMI was not afforded the opportunity to review a draft report nor offer alternative recommendations that would reflect the concerns of the government and the local community.
“The administration finds it appalling that the process was pretty much railroaded. Moreover, the administration has called into question the supporting data used by DOI to issue such recommendations. It is quite disappointing that the feedback of 10 business entities was used as the basis that would determine the economic future of the CNMI in terms of addressing the fate of alien workers in the Northern Marianas,” he said.
He said in view of Interior's action, Fitial will call for a leadership meeting to include elected leaders such as members of the Legislature and the mayors.
Fitial will also include in the meeting the heads of the Department of Labor, Department of Commerce, the Marianas Visitors Authority, and Office of the Attorney General.
“The governor and lieutenant governor want to ensure that through a meeting of the minds with our islands’ leaders, a comprehensive consensus will be attained in charting how best we can make the concerns of our islands heard in halls of the U.S. Congress,” Demapan said.
Showing posts with label Governor Fitial. Show all posts
Showing posts with label Governor Fitial. Show all posts
Monday, May 3, 2010
Monday, March 22, 2010
Local
Tuesday, March 23, 2010
CNMI omnibus immigration bill now law
Fitial asks Labor to reorganize, urges alien workers to abide by umbrella permit terms
By Haidee V. Eugenio
Reporter
As expected, Gov. Benigno R. Fitial immediately signed into law yesterday afternoon the omnibus immigration bill that asserts CNMI control over nonresident workers and removing all references to immigration and deportation from the Commonwealth Code to conform to the federalization law that came into effect on Nov. 28, 2009.
The Fitial administration-proposed measure passed the House and Senate during back-to-back sessions on Friday afternoon, despite the resistance of Republican House members.
House Bill 17-25, HS1 is the first bill in the 17th Legislature to be signed into CNMI law.
The over 70-page bill is now Public Law 17-1.
“We have always been concerned that the federalization law would be interpreted as affecting many of our internal labor controls, which some interpreted as such recently. However, that opinion is incorrect,” Fitial said in his three-page letter to legislative leaders.
The new law will make the Commonwealth Code conform with the requirements of the federalization law, Title VII of U.S. Public Law 110-229, with respect to federal control of immigration and deportation.
It also converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark.
Fitial also asked the CNMI Department of Labor to reorganize itself to focus on local employment, and called on nonresidents to abide by the terms of their umbrella permit and all other provisions of the Commonwealth law.
“For example, the renewal of any foreign worker contract can be done only with the approval of the Labor Department,” he said.
The bill was introduced by Rep. Rafael S. Demapan (Cov-Saipan), who chairs the House Committee on Judiciary and Governmental Operations, which recommended passage of the bill.
Besides Republican lawmakers, Federal Labor Ombudsman Pam Brown, the Saipan Chamber of Commerce, and others had raised concerns and opposition to the bill's provisions. Brown had suggested that the measure's enactment will violate federal laws other than the Consolidated Natural Resources Act.
'Not about local laws'
Fitial said U.S. District Court for the District of Columbia Judge Paul L. Friedman, who handled the CNMI government's lawsuit against federalization, stated in his opinion that “the CNRA asserts federal authority over 'few' if any, matters which can be considered as purely 'local'; rather, it 'incidentally' affects some local labor matters to the extent that they are inseparable from immigration matters.”
“Remember, the federal case was not about our local labor laws. It was about the provisions of the federal law that mandate the complete removal of all aliens from the Commonwealth within five years. Judge Friedman recognized, as other federal courts have done, that labor is a subject where states have an important role in legislating the terms and conditions under which people work,” Fitial told House Speaker Froilan C. Tenorio (Cov-Saipan) and Senate President Paul A. Manglona (R-Rota).
In the CNMI's case, the federal role is limited to existing federal labor laws, which have always applied here, and other labor matters that are “inseparable from immigration matters,” the governor said.
“What our Legislature has done is to take out from our Code the few local labor matters that are inseparable from immigration matters,” he added.
Labor reorganization
The governor asked the Department of Labor to reorganize itself to focus on citizen employment. He said the omnibus bill includes the authority to do this.
“Our economy provides enough jobs to employ all our people, and we are going to take tough new measures to move them into those jobs,” he told lawmakers.
He has asked Labor to create a focal point in the department for dealing with employers on both citizen employment and guest worker issues.
“We will insist that employers obey Commonwealth law, and we need to make it as efficient as possible for them to do so. For example, I want employers to be able to deal with the department online to the maximum extent possible,” he said.
Fitial said most foreign workers are law-abiding people who just want an opportunity to live comfortably in the CNMI with their families and work at their jobs, which are important to the local economy.
“I urge every foreign worker to abide by the terms of the umbrella permit that you have been granted and all other provisions of Commonwealth law, now that it has been clarified by the bill that the Legislature has just passed,” he said.
The governor also asked Labor to create a focal point in the department for dealing with federal government agencies.
“We want to be responsive to their needs, and we want to be transparent in what we do so that they and we can work together on a good basis. I want to emphasize that there are as yet no federal regulations under the federalization law that are applicable to workers or investors in the Commonwealth,” he said.
Fitial said Judge Friedman struck down the worker regulations that were issued last year, and no final investor regulations have been issued after the comment period closed last October.
“So we need to proceed cooperatively in the interim so that there is as little instability and uncertainty as possible.. I believe this bill creates a stable employment platform for the Commonwealth and will help in the Commonwealth’s economic recovery,” he added.
Working with DHS
Fitial said he believes his administration can work with the U.S. Department of Homeland Security to overcome any operational problems.
“We can make valuable contributions in the process,” he said.
He cited as an example Customs and Border Protection, which does not have the capability to record exits from the Commonwealth in digital format on a real-time basis.
“They are working on this, but they don’t have a system yet. We have had a very effective digital exit control system for years. So we are keeping our exit control system operational until CBP has their system up and running, hopefully within a year or so,” Fitial said.
The Department of Labor had the draft bill ready to go in December and consulted widely in the community about it, he said.
The Office of the Attorney General also gave careful attention to the legal issues from the very beginning of the umbrella permit process through the drafting of the bill and its presentation to the Legislature, he added.
Regulations now being worked on
Labor Secretary Gil M. San Nicolas and Deputy Labor Secretary Cinta M. Kaipat, who were present at the bill signing ceremony at 3pm yesterday, said the department is now working on regulations that will be promulgated in accordance with the new law.
The entire labor law, as amended by the omnibus bill, will shortly be on the Labor Department’s Web site at www.marianaslabor.net.
Also witnessing the governor's signing of the bill were Demapan, Labor's Jeffrey Camacho and Tom Torres, Rep. Ramon Basa (Cov-Saipan), Attorney General Edward T. Buckingham, acting Resident Executive for Indigenous Affairs Ike Demapan, and press secretary Angel Demapan.
Earlier, Fitial’s special legal counsel, Howard P. Willens, said that no federal law affects the CNMI Legislature’s ability to enact the omnibus immigration bill.
He said the CNRA does not preempt the CNMI from administering and revoking the CNMI immigration status of aliens lawfully present on the islands on Nov. 28, 2009, during the CNRA’s two-year transition period.
He agreed with Buckingham’s legal opinion, basically reaching this conclusion.
Tuesday, March 23, 2010
CNMI omnibus immigration bill now law
Fitial asks Labor to reorganize, urges alien workers to abide by umbrella permit terms
By Haidee V. Eugenio
Reporter
As expected, Gov. Benigno R. Fitial immediately signed into law yesterday afternoon the omnibus immigration bill that asserts CNMI control over nonresident workers and removing all references to immigration and deportation from the Commonwealth Code to conform to the federalization law that came into effect on Nov. 28, 2009.
The Fitial administration-proposed measure passed the House and Senate during back-to-back sessions on Friday afternoon, despite the resistance of Republican House members.
House Bill 17-25, HS1 is the first bill in the 17th Legislature to be signed into CNMI law.
The over 70-page bill is now Public Law 17-1.
“We have always been concerned that the federalization law would be interpreted as affecting many of our internal labor controls, which some interpreted as such recently. However, that opinion is incorrect,” Fitial said in his three-page letter to legislative leaders.
The new law will make the Commonwealth Code conform with the requirements of the federalization law, Title VII of U.S. Public Law 110-229, with respect to federal control of immigration and deportation.
It also converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark.
Fitial also asked the CNMI Department of Labor to reorganize itself to focus on local employment, and called on nonresidents to abide by the terms of their umbrella permit and all other provisions of the Commonwealth law.
“For example, the renewal of any foreign worker contract can be done only with the approval of the Labor Department,” he said.
The bill was introduced by Rep. Rafael S. Demapan (Cov-Saipan), who chairs the House Committee on Judiciary and Governmental Operations, which recommended passage of the bill.
Besides Republican lawmakers, Federal Labor Ombudsman Pam Brown, the Saipan Chamber of Commerce, and others had raised concerns and opposition to the bill's provisions. Brown had suggested that the measure's enactment will violate federal laws other than the Consolidated Natural Resources Act.
'Not about local laws'
Fitial said U.S. District Court for the District of Columbia Judge Paul L. Friedman, who handled the CNMI government's lawsuit against federalization, stated in his opinion that “the CNRA asserts federal authority over 'few' if any, matters which can be considered as purely 'local'; rather, it 'incidentally' affects some local labor matters to the extent that they are inseparable from immigration matters.”
“Remember, the federal case was not about our local labor laws. It was about the provisions of the federal law that mandate the complete removal of all aliens from the Commonwealth within five years. Judge Friedman recognized, as other federal courts have done, that labor is a subject where states have an important role in legislating the terms and conditions under which people work,” Fitial told House Speaker Froilan C. Tenorio (Cov-Saipan) and Senate President Paul A. Manglona (R-Rota).
In the CNMI's case, the federal role is limited to existing federal labor laws, which have always applied here, and other labor matters that are “inseparable from immigration matters,” the governor said.
“What our Legislature has done is to take out from our Code the few local labor matters that are inseparable from immigration matters,” he added.
Labor reorganization
The governor asked the Department of Labor to reorganize itself to focus on citizen employment. He said the omnibus bill includes the authority to do this.
“Our economy provides enough jobs to employ all our people, and we are going to take tough new measures to move them into those jobs,” he told lawmakers.
He has asked Labor to create a focal point in the department for dealing with employers on both citizen employment and guest worker issues.
“We will insist that employers obey Commonwealth law, and we need to make it as efficient as possible for them to do so. For example, I want employers to be able to deal with the department online to the maximum extent possible,” he said.
Fitial said most foreign workers are law-abiding people who just want an opportunity to live comfortably in the CNMI with their families and work at their jobs, which are important to the local economy.
“I urge every foreign worker to abide by the terms of the umbrella permit that you have been granted and all other provisions of Commonwealth law, now that it has been clarified by the bill that the Legislature has just passed,” he said.
The governor also asked Labor to create a focal point in the department for dealing with federal government agencies.
“We want to be responsive to their needs, and we want to be transparent in what we do so that they and we can work together on a good basis. I want to emphasize that there are as yet no federal regulations under the federalization law that are applicable to workers or investors in the Commonwealth,” he said.
Fitial said Judge Friedman struck down the worker regulations that were issued last year, and no final investor regulations have been issued after the comment period closed last October.
“So we need to proceed cooperatively in the interim so that there is as little instability and uncertainty as possible.. I believe this bill creates a stable employment platform for the Commonwealth and will help in the Commonwealth’s economic recovery,” he added.
Working with DHS
Fitial said he believes his administration can work with the U.S. Department of Homeland Security to overcome any operational problems.
“We can make valuable contributions in the process,” he said.
He cited as an example Customs and Border Protection, which does not have the capability to record exits from the Commonwealth in digital format on a real-time basis.
“They are working on this, but they don’t have a system yet. We have had a very effective digital exit control system for years. So we are keeping our exit control system operational until CBP has their system up and running, hopefully within a year or so,” Fitial said.
The Department of Labor had the draft bill ready to go in December and consulted widely in the community about it, he said.
The Office of the Attorney General also gave careful attention to the legal issues from the very beginning of the umbrella permit process through the drafting of the bill and its presentation to the Legislature, he added.
Regulations now being worked on
Labor Secretary Gil M. San Nicolas and Deputy Labor Secretary Cinta M. Kaipat, who were present at the bill signing ceremony at 3pm yesterday, said the department is now working on regulations that will be promulgated in accordance with the new law.
The entire labor law, as amended by the omnibus bill, will shortly be on the Labor Department’s Web site at www.marianaslabor.net.
Also witnessing the governor's signing of the bill were Demapan, Labor's Jeffrey Camacho and Tom Torres, Rep. Ramon Basa (Cov-Saipan), Attorney General Edward T. Buckingham, acting Resident Executive for Indigenous Affairs Ike Demapan, and press secretary Angel Demapan.
Earlier, Fitial’s special legal counsel, Howard P. Willens, said that no federal law affects the CNMI Legislature’s ability to enact the omnibus immigration bill.
He said the CNRA does not preempt the CNMI from administering and revoking the CNMI immigration status of aliens lawfully present on the islands on Nov. 28, 2009, during the CNRA’s two-year transition period.
He agreed with Buckingham’s legal opinion, basically reaching this conclusion.
Monday, March 15, 2010
Local
Tuesday, March 16, 2010
Q&A
Employment requirements imposed by CNMI law
No regulations have been issued by the U.S. Citizenship and Immigration Service with respect to foreign workers or foreign investors in the Commonwealth. Instead, USCIS has issued a "Questions & Answers" document setting forth their policy views with respect to matters they believe might be subject to federal regulations. Some of the questions addressed by USCIS raise issues with respect to the extent to which CNMI laws continue to be enforced during the two-year period following Nov. 28,2009. The Commonwealth contends that the answers provided by USCIS to these questions are not consistent with the provisions of the Consolidated Natural Resources Act of2008 ("CRNA"), PL 110-229. So that the differences between the federal Government and the CNMI on these issues can be easily understood, this we have set forth the same questions addressed in the USCIS document and provide the Commonwealth’s answers to these questions.
Many of the questions addressed in the USCIS Q&A Document, such as those pertaining to the use of Form 1-9 CNMI and the enforcement of Section 274A of the INA, are exclusively matters of federal law. They do not affect the way that Commonwealth law is and will be enforced.
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.
Q. Is the employment authorization of aliens present in the CNMI a matter of federal law or of CNMI territorial law?
A. The employment of aliens in the CNMI under the CRNA is a shared responsibility of the federal and CNMI governments. The CRNA applied the immigration laws of the United States to the CNMI, which means that various visa categories are available to workers, students, and investors to the same extent that they are available in other parts of the United States. In addition, the CRNA authorized the issuance of special regulations with respect to workers and investors, but no final regulations in these two areas have yet been issued by the Department of Homeland Security. The CNRA specifically preempted the immigration laws of the CNMI, which it defined as those "laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth."
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.
As recognized by the USCIS document, the CNRA contained specific provisions applicable to the two-year period following Nov. 28, 2009. During this period foreign workers are allowed to work based on the employment authorization that they had received under CNMI law before this transition date. These permits are called "umbrella permits" and were issued to those eligible workers who presented themselves in person to the CNMI Department of Labor and signed the permits reflecting their agreement to the terms of the permit. The permits clearly indicated that they could be revoked by the CNMI Department of Labor if the worker failed to comply with the relevant provisions of CNMI law. The USCIS document indicates that the Department of Homeland Security "fully recognizes employment authorization based on" this provision of the CNRA.
Q. What is an "umbrella permit"?
A. The Commonwealth provided to USCIS the listing and description of "umbrella permits" set forth in the USCIS document. As indicated, such permits were issued to various categories of persons other than workers, including certain immediate relatives, investors, students, and government employees.
Q. As the holder of an umbrella permit, may I work in the CNMI under federal law?
A. The holders of such 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. In the event that the worker cannot find another job within the specified period of time, the umbrella permit will be revoked under CNMI law. Once the permit is revoked, the worker is subject to removal (or deportation) under the INA unless the worker can obtain a federal visa or conditional work permit (under DHS regulations that do not yet exist) which entitles the worker to remain in the Commonwealth.
Similarly, investors are not permitted to work for any private employer. They may work only in the establishment in which they have invested. And students may not work for any private employer. They may work only part-time and in accordance with the limitations set out in Commonwealth law and regulations.
Q. My umbrella permit has two dates. Which one controls the length of my authorized employment?
A. Both dates are important. No worker can continue to work in the CNMI until Nov. 27,2011 unless the worker has complied with the report-back date requirement. This is required both by the provisions of CNMI law under which the permit was issued and the conditions on the issuance of the permit to which the worker agreed. The "Next filing date to avoid revocation" means exactly what it says. It means that some aspect of the umbrella permit needs to be reexamined, and approved, by the CNMI Department of Labor, in the absence of which the permit will be revoked, with the consequences summarized above.
The federal government has no authority to change CNMI law in this respect, and the CNRA clearly indicated that the federal government would honor those permits issued by the CNMI before the transition date of Nov. 28,2009. In the absence of a transitional worker program of the kind under consideration, the only basis on which the worker would be entitled to remain in the CNMI (and avoid the risk of removal or deportation under the INA) would be if he or she could obtain an H visa or some other standard visa available under the INA. In the absence of such a legal basis for remaining in the CNMI, an employer who hires such a worker whose CNMI permit has been revoked, takes on the risk of employing an alien unauthorized to be in the CNMI even if the employer completes the Form 1-9 CNMI.
Q. As an employer in the CNMI, do I need the approval of the CNMI DOL to hire the holder of an umbrella permit for new employment?
A. This depends on the type of umbrella permit that has been issued. If the holder of an umbrella permit is the immediate relative of a U.S. citizen or U.S. permanent resident (240D), then no approval is required. Similarly, the holders of240B, 240G, 240H, 240N and 2400 permits do not need prior approval, however all these categories of permit holders must comply with Commonwealth law. Holders of foreign national worker umbrella permits (240K) may not be employed without Department of Labor approval.
The Commonwealth disagrees with the USCIS answer to this question, and specifically the suggestion that there is no legal risk involved if the employer hires the holder of an umbrella permit without securing the approval of the CNMI Department of Labor. As indicated above, the employer needs to satisfy itself that the umbrella permit has not been revoked by the CNMI Department of Labor and that the department authorizes the terms under which the foreign worker is being employer. If the umbrella permit has been revoked, or if the employer does not seek the approval required under CNMI law, the employer will be violating CNMI law and may be subject to the sanctions provided under CNMI law. In addition, if the umbrella permit has been revoked, the worker may be subject to removal (or deportation) from the CNMI unless the worker has a federal visa or other permit issued under federal law or regulations authorizing the worker to remain in the CNMI.
Q. Can an umbrella permit be extended or revoked?
A. An umbrella permit cannot be extended beyond Nov. 27,2011 until the federal law is changed. The holder of a permit that has been revoked cannot continue to work or be employed anywhere in the Commonwealth after revocation.
Q. As an umbrella permit holder, how can I obtain an immigration status that will allow me to remain in the CNMI after Nov. 27, 2011?
A. Until the federal law is changed or the transition period is extended, a U.S. visa will be necessary. Currently it is quite difficult to get a federal visa unless you are an immediate relative of a U.S. citizen or permanent resident.
Q. Can holders of umbrella permits change employment without regard to existing employment contracts or to professional licensing requirements?
A. All contractual and legal obligations under CNMI law can be enforced by Commonwealth authorities, even though they are not enforced by federal authorities.
Q. Does this mean that if I hold an umbrella permit I cannot be removed from the CNMI until after Nov. 27,2011?
A. The holder of a valid umbrella permit cannot be removed unless grounds for removal under U.S. law apply. The holder of a revoked umbrella permit can be removed and the Commonwealth will seek removal. US CIS recognizes in its answer to this question (as maintained by the CNMI) that an umbrella permit holder may be subject to removal from the Commonwealth if the status previously granted by the CNMI has expired or been revoked prior to Nov. 27,2011.
Q. On the transition date, I was an investor (or visitor, temporary worker, student, permanent resident, etc) under CNMI law. What is my status under federal immigration law?
A. The CNRA permits aliens to stay in the Commonwealth on the basis of their CNMI status as of the transition date for "as long as their activities in the CNMI are consistent with those authorized by their previous CNMI status." This means that a foreign worker whose umbrella permit has been revoked, or is not employed pursuant to CNMI law, is subject to removal from the Commonwealth under federal law.
Q. I have a student umbrella permit or an investment and business umbrella permit. Can I work fulltime for any employer?
A. No. A foreign student may work only part time and only in conjunction with the program of studies that allowed the foreign student to gain admission to the Commonwealth. A foreign investor may work full time but only in the enterprise in which the investor’s capital is invested.
Q. I am on the CNMl’s "barred employer list." Does federal immigration law prohibit me from employing aliens who are authorized to be employed in the CNMI?
A. federal law does not apply, but Commonwealth law prohibits barred employers from employing any foreign worker. The Commonwealth will prosecute any barred employer who seeks to employ a foreign worker while the bar is still in place.
Q. Does my umbrella permit authorize me to travel outside the CNMI and return?
A. Anyone may leave the Commonwealth at any time without any permission from either the CNMI or the U.S. unless an arrest warrant is outstanding. However, entry to the Commonwealth is controlled by the Customs and Border Protection agency of the Department of Homeland Security. The Commonwealth has been assured that the current "advance parole" system that is in effect to allow holders of umbrella permits to travel to the Commonwealth will remain in place indefinitely.
Q. If I quit my job or I am terminated from employment, does my umbrella permit authorize me to remain in the CNMI until Nov. 27, 2011 without working?
A. No. The CNRA was not intended to saddle the Commonwealth with the burden of unemployed aliens. If a foreign worker quits or is terminated, that worker must register with the Department of Labor and search diligently for employment within the time limits permitted. The umbrella permit of any worker who does not follow this procedure will be revoked by the department.
Q. Can the CNMI government or my employer remove me from the CNMI?
A. No. Only the Office of Detention and Removal within the Immigration and Customs Enforcement agency can remove an alien from the CNMI. However, the CNMI government will promptly and vigorously seek removal of any alien who does not comply with Commonwealth laws and may seek other remedies as well.
Q, May an employer accept an umbrella permit issued after Nov. 27,2009?
A. There are no valid umbrella permits issued after Nov. 27, 2009 as none have been issued by the CNMI.
Q. My umbrella permit does not have a photograph? What should I do?
A. Your umbrella permit has already been revoked. You were required to appear prior to Jan. 15, 2010 to obtain a new permit with a photograph, and you did not do so. No employer may accept an umbrella permit without a photograph.
Q. My umbrella permit has been lost, stolen, or damaged. What should I do?
A. Because of the confusion surrounding the present situation, the Department of Labor will not issue any replacement permits. Every holder of an umbrella permit who signed for the permit was warned to keep the permit in a safe place. The department will verify, to an employer who is complying with Commonwealth law, that a permit was issued and remains valid.
Q. Who is responsible for enforcing the anti-discrimination provisions of Section 274B of the INA?
A. Any employer who complies with Commonwealth law is not subject to the antidiscrimination provisions of Section 274B of the INA because the labor program under which they operate is governed by local law.
Source: Office of the Governor
Tuesday, March 16, 2010
Q&A
Employment requirements imposed by CNMI law
No regulations have been issued by the U.S. Citizenship and Immigration Service with respect to foreign workers or foreign investors in the Commonwealth. Instead, USCIS has issued a "Questions & Answers" document setting forth their policy views with respect to matters they believe might be subject to federal regulations. Some of the questions addressed by USCIS raise issues with respect to the extent to which CNMI laws continue to be enforced during the two-year period following Nov. 28,2009. The Commonwealth contends that the answers provided by USCIS to these questions are not consistent with the provisions of the Consolidated Natural Resources Act of2008 ("CRNA"), PL 110-229. So that the differences between the federal Government and the CNMI on these issues can be easily understood, this we have set forth the same questions addressed in the USCIS document and provide the Commonwealth’s answers to these questions.
Many of the questions addressed in the USCIS Q&A Document, such as those pertaining to the use of Form 1-9 CNMI and the enforcement of Section 274A of the INA, are exclusively matters of federal law. They do not affect the way that Commonwealth law is and will be enforced.
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.
Q. Is the employment authorization of aliens present in the CNMI a matter of federal law or of CNMI territorial law?
A. The employment of aliens in the CNMI under the CRNA is a shared responsibility of the federal and CNMI governments. The CRNA applied the immigration laws of the United States to the CNMI, which means that various visa categories are available to workers, students, and investors to the same extent that they are available in other parts of the United States. In addition, the CRNA authorized the issuance of special regulations with respect to workers and investors, but no final regulations in these two areas have yet been issued by the Department of Homeland Security. The CNRA specifically preempted the immigration laws of the CNMI, which it defined as those "laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth."
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.
As recognized by the USCIS document, the CNRA contained specific provisions applicable to the two-year period following Nov. 28, 2009. During this period foreign workers are allowed to work based on the employment authorization that they had received under CNMI law before this transition date. These permits are called "umbrella permits" and were issued to those eligible workers who presented themselves in person to the CNMI Department of Labor and signed the permits reflecting their agreement to the terms of the permit. The permits clearly indicated that they could be revoked by the CNMI Department of Labor if the worker failed to comply with the relevant provisions of CNMI law. The USCIS document indicates that the Department of Homeland Security "fully recognizes employment authorization based on" this provision of the CNRA.
Q. What is an "umbrella permit"?
A. The Commonwealth provided to USCIS the listing and description of "umbrella permits" set forth in the USCIS document. As indicated, such permits were issued to various categories of persons other than workers, including certain immediate relatives, investors, students, and government employees.
Q. As the holder of an umbrella permit, may I work in the CNMI under federal law?
A. The holders of such 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. In the event that the worker cannot find another job within the specified period of time, the umbrella permit will be revoked under CNMI law. Once the permit is revoked, the worker is subject to removal (or deportation) under the INA unless the worker can obtain a federal visa or conditional work permit (under DHS regulations that do not yet exist) which entitles the worker to remain in the Commonwealth.
Similarly, investors are not permitted to work for any private employer. They may work only in the establishment in which they have invested. And students may not work for any private employer. They may work only part-time and in accordance with the limitations set out in Commonwealth law and regulations.
Q. My umbrella permit has two dates. Which one controls the length of my authorized employment?
A. Both dates are important. No worker can continue to work in the CNMI until Nov. 27,2011 unless the worker has complied with the report-back date requirement. This is required both by the provisions of CNMI law under which the permit was issued and the conditions on the issuance of the permit to which the worker agreed. The "Next filing date to avoid revocation" means exactly what it says. It means that some aspect of the umbrella permit needs to be reexamined, and approved, by the CNMI Department of Labor, in the absence of which the permit will be revoked, with the consequences summarized above.
The federal government has no authority to change CNMI law in this respect, and the CNRA clearly indicated that the federal government would honor those permits issued by the CNMI before the transition date of Nov. 28,2009. In the absence of a transitional worker program of the kind under consideration, the only basis on which the worker would be entitled to remain in the CNMI (and avoid the risk of removal or deportation under the INA) would be if he or she could obtain an H visa or some other standard visa available under the INA. In the absence of such a legal basis for remaining in the CNMI, an employer who hires such a worker whose CNMI permit has been revoked, takes on the risk of employing an alien unauthorized to be in the CNMI even if the employer completes the Form 1-9 CNMI.
Q. As an employer in the CNMI, do I need the approval of the CNMI DOL to hire the holder of an umbrella permit for new employment?
A. This depends on the type of umbrella permit that has been issued. If the holder of an umbrella permit is the immediate relative of a U.S. citizen or U.S. permanent resident (240D), then no approval is required. Similarly, the holders of240B, 240G, 240H, 240N and 2400 permits do not need prior approval, however all these categories of permit holders must comply with Commonwealth law. Holders of foreign national worker umbrella permits (240K) may not be employed without Department of Labor approval.
The Commonwealth disagrees with the USCIS answer to this question, and specifically the suggestion that there is no legal risk involved if the employer hires the holder of an umbrella permit without securing the approval of the CNMI Department of Labor. As indicated above, the employer needs to satisfy itself that the umbrella permit has not been revoked by the CNMI Department of Labor and that the department authorizes the terms under which the foreign worker is being employer. If the umbrella permit has been revoked, or if the employer does not seek the approval required under CNMI law, the employer will be violating CNMI law and may be subject to the sanctions provided under CNMI law. In addition, if the umbrella permit has been revoked, the worker may be subject to removal (or deportation) from the CNMI unless the worker has a federal visa or other permit issued under federal law or regulations authorizing the worker to remain in the CNMI.
Q. Can an umbrella permit be extended or revoked?
A. An umbrella permit cannot be extended beyond Nov. 27,2011 until the federal law is changed. The holder of a permit that has been revoked cannot continue to work or be employed anywhere in the Commonwealth after revocation.
Q. As an umbrella permit holder, how can I obtain an immigration status that will allow me to remain in the CNMI after Nov. 27, 2011?
A. Until the federal law is changed or the transition period is extended, a U.S. visa will be necessary. Currently it is quite difficult to get a federal visa unless you are an immediate relative of a U.S. citizen or permanent resident.
Q. Can holders of umbrella permits change employment without regard to existing employment contracts or to professional licensing requirements?
A. All contractual and legal obligations under CNMI law can be enforced by Commonwealth authorities, even though they are not enforced by federal authorities.
Q. Does this mean that if I hold an umbrella permit I cannot be removed from the CNMI until after Nov. 27,2011?
A. The holder of a valid umbrella permit cannot be removed unless grounds for removal under U.S. law apply. The holder of a revoked umbrella permit can be removed and the Commonwealth will seek removal. US CIS recognizes in its answer to this question (as maintained by the CNMI) that an umbrella permit holder may be subject to removal from the Commonwealth if the status previously granted by the CNMI has expired or been revoked prior to Nov. 27,2011.
Q. On the transition date, I was an investor (or visitor, temporary worker, student, permanent resident, etc) under CNMI law. What is my status under federal immigration law?
A. The CNRA permits aliens to stay in the Commonwealth on the basis of their CNMI status as of the transition date for "as long as their activities in the CNMI are consistent with those authorized by their previous CNMI status." This means that a foreign worker whose umbrella permit has been revoked, or is not employed pursuant to CNMI law, is subject to removal from the Commonwealth under federal law.
Q. I have a student umbrella permit or an investment and business umbrella permit. Can I work fulltime for any employer?
A. No. A foreign student may work only part time and only in conjunction with the program of studies that allowed the foreign student to gain admission to the Commonwealth. A foreign investor may work full time but only in the enterprise in which the investor’s capital is invested.
Q. I am on the CNMl’s "barred employer list." Does federal immigration law prohibit me from employing aliens who are authorized to be employed in the CNMI?
A. federal law does not apply, but Commonwealth law prohibits barred employers from employing any foreign worker. The Commonwealth will prosecute any barred employer who seeks to employ a foreign worker while the bar is still in place.
Q. Does my umbrella permit authorize me to travel outside the CNMI and return?
A. Anyone may leave the Commonwealth at any time without any permission from either the CNMI or the U.S. unless an arrest warrant is outstanding. However, entry to the Commonwealth is controlled by the Customs and Border Protection agency of the Department of Homeland Security. The Commonwealth has been assured that the current "advance parole" system that is in effect to allow holders of umbrella permits to travel to the Commonwealth will remain in place indefinitely.
Q. If I quit my job or I am terminated from employment, does my umbrella permit authorize me to remain in the CNMI until Nov. 27, 2011 without working?
A. No. The CNRA was not intended to saddle the Commonwealth with the burden of unemployed aliens. If a foreign worker quits or is terminated, that worker must register with the Department of Labor and search diligently for employment within the time limits permitted. The umbrella permit of any worker who does not follow this procedure will be revoked by the department.
Q. Can the CNMI government or my employer remove me from the CNMI?
A. No. Only the Office of Detention and Removal within the Immigration and Customs Enforcement agency can remove an alien from the CNMI. However, the CNMI government will promptly and vigorously seek removal of any alien who does not comply with Commonwealth laws and may seek other remedies as well.
Q, May an employer accept an umbrella permit issued after Nov. 27,2009?
A. There are no valid umbrella permits issued after Nov. 27, 2009 as none have been issued by the CNMI.
Q. My umbrella permit does not have a photograph? What should I do?
A. Your umbrella permit has already been revoked. You were required to appear prior to Jan. 15, 2010 to obtain a new permit with a photograph, and you did not do so. No employer may accept an umbrella permit without a photograph.
Q. My umbrella permit has been lost, stolen, or damaged. What should I do?
A. Because of the confusion surrounding the present situation, the Department of Labor will not issue any replacement permits. Every holder of an umbrella permit who signed for the permit was warned to keep the permit in a safe place. The department will verify, to an employer who is complying with Commonwealth law, that a permit was issued and remains valid.
Q. Who is responsible for enforcing the anti-discrimination provisions of Section 274B of the INA?
A. Any employer who complies with Commonwealth law is not subject to the antidiscrimination provisions of Section 274B of the INA because the labor program under which they operate is governed by local law.
Source: Office of the Governor
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.
Thursday, August 13, 2009
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.
Sunday, February 1, 2009
Local
Monday, February 02, 2009
Fitial assures Chinese association he will 'fight' for their NMI stay
By Moneth Deposa
Reporter
Gov. Benigno R Fitial assured the Chinese community on island that his administration will continue the “fight” for their stay in the Commonwealth.
Over a hundred Chinese nationals gathered at Fiesta Resort & Spa Saipan Saturday night for their final hooray to the Chinese New Year.
Fitial, one of the event's guest speakers, had spoken before the crowd about the challenges faced by the CNMI in this Year of the Ox.
Press Secretary Charles Reyes Jr. yesterday reiterated the position of the governor on the exclusion of the Chinese and Russian markets to the Guam-CNMI Visa Waiver program which is slated to be enforced on June 1.
“The governor will not give up and assured Chinese nationals that he will continue to address that,” Reyes said, adding that the administration is working closely with federal policy lawmakers on how changes can be effected on the regulation.
The press secretary described the federalization law the “perfect financial storm” for the CNMI.
He said what the governor wants is for the federal government to continue to look for solutions that will protect both the national security as well as the islands' economic security.
“China is a very significant market for us.especially on Tinian,” Reyes said, alluding to the mostly Chinese clientele of the casino industry on island.
Fitial, along with local lawmakers, is pushing for at least delay on the implementation of the federalization law to give NMI ample time to build the necessary infrastructure.
“For the governor, it's worth giving all our efforts for these markets,” he said.
During the Jan. 26 celebration of Chinese New Year, Chinese Association of Saipan chairwoman Rose Chan said they were saddened by the federal government's decision.
“We will miss Saipan,” she told Saipan Tribune, admitting that the arrivals from China will see a significant decline once federalization takes into effect.
She believes that the “new system” may take away the interest of many Chinese who want to visit the island.
“But we're still hoping for the best for the CNMI,” she said.
Monday, February 02, 2009
Fitial assures Chinese association he will 'fight' for their NMI stay
By Moneth Deposa
Reporter
Gov. Benigno R Fitial assured the Chinese community on island that his administration will continue the “fight” for their stay in the Commonwealth.
Over a hundred Chinese nationals gathered at Fiesta Resort & Spa Saipan Saturday night for their final hooray to the Chinese New Year.
Fitial, one of the event's guest speakers, had spoken before the crowd about the challenges faced by the CNMI in this Year of the Ox.
Press Secretary Charles Reyes Jr. yesterday reiterated the position of the governor on the exclusion of the Chinese and Russian markets to the Guam-CNMI Visa Waiver program which is slated to be enforced on June 1.
“The governor will not give up and assured Chinese nationals that he will continue to address that,” Reyes said, adding that the administration is working closely with federal policy lawmakers on how changes can be effected on the regulation.
The press secretary described the federalization law the “perfect financial storm” for the CNMI.
He said what the governor wants is for the federal government to continue to look for solutions that will protect both the national security as well as the islands' economic security.
“China is a very significant market for us.especially on Tinian,” Reyes said, alluding to the mostly Chinese clientele of the casino industry on island.
Fitial, along with local lawmakers, is pushing for at least delay on the implementation of the federalization law to give NMI ample time to build the necessary infrastructure.
“For the governor, it's worth giving all our efforts for these markets,” he said.
During the Jan. 26 celebration of Chinese New Year, Chinese Association of Saipan chairwoman Rose Chan said they were saddened by the federal government's decision.
“We will miss Saipan,” she told Saipan Tribune, admitting that the arrivals from China will see a significant decline once federalization takes into effect.
She believes that the “new system” may take away the interest of many Chinese who want to visit the island.
“But we're still hoping for the best for the CNMI,” she said.
Tuesday, February 19, 2008
Labor Chief Confident In Kaipat's Capability
Wednesday February 20, 2008
Local
Tuesday, February 19, 2008
Labor chief confident in Kaipat's capability
By Ferdie de la Torre
Reporter
Labor Secretary Gil M. San Nicolas has expressed confidence that former representative Cinta Kaipat will perform her new job well as Labor deputy secretary, particularly in the outreach program for Public Law 15-108 or the new labor reform law and its regulations.
San Nicolas told Saipan Tribune that everyone knows that Kaipat used to work at Labor as administrative hearing officer.
“With her knowledge and expertise, she can help the department educate and inform the community, especially the employers and the workers regarding the new law and the new procedures that's taking place in the department,” he said.
As lawmaker, Kaipat was the principal author of the controversial P.L. 15-108.
In an earlier interview, Kaipat said she is focusing on the community outreach program to educate the public about the new law.
Kaipat said she is very happy because the outreach program that she already started has been getting positive response from employers and employees.
Before she became a lawmaker, Kaipat used to serve as Labor administrative hearing officer for five years.
Gov. Benigno R. Fitial said Kaipat as Labor deputy secretary will be in charge of community outreach “to be sure everyone understands the much-improved structure of our citizen worker-preference and or guest worker program.”
The governor said that, as author of the new labor reform law, the former congresswoman spent more than a year in getting it drafted in a way that took into account the input from all parts of the community, including new provisions for foreign workers.
Local
Tuesday, February 19, 2008
Labor chief confident in Kaipat's capability
By Ferdie de la Torre
Reporter
Labor Secretary Gil M. San Nicolas has expressed confidence that former representative Cinta Kaipat will perform her new job well as Labor deputy secretary, particularly in the outreach program for Public Law 15-108 or the new labor reform law and its regulations.
San Nicolas told Saipan Tribune that everyone knows that Kaipat used to work at Labor as administrative hearing officer.
“With her knowledge and expertise, she can help the department educate and inform the community, especially the employers and the workers regarding the new law and the new procedures that's taking place in the department,” he said.
As lawmaker, Kaipat was the principal author of the controversial P.L. 15-108.
In an earlier interview, Kaipat said she is focusing on the community outreach program to educate the public about the new law.
Kaipat said she is very happy because the outreach program that she already started has been getting positive response from employers and employees.
Before she became a lawmaker, Kaipat used to serve as Labor administrative hearing officer for five years.
Gov. Benigno R. Fitial said Kaipat as Labor deputy secretary will be in charge of community outreach “to be sure everyone understands the much-improved structure of our citizen worker-preference and or guest worker program.”
The governor said that, as author of the new labor reform law, the former congresswoman spent more than a year in getting it drafted in a way that took into account the input from all parts of the community, including new provisions for foreign workers.
Tuesday, February 12, 2008
2-12-08 Saipan Tribune: "Mess Left At Labor Cleaned Up"
Local
Tuesday, February 12, 2008
'Mess left at Labor cleaned up'
By Agnes E. Donato Reporter
Gov. Benigno R. Fitial said yesterday that the mess left behind by past administrations at the Department of Labor has now been cleaned up.
Fitial announced a “new era” at Labor as he disclosed the department's installation of a new computer system, a new website, cleaning up the backlog of applications and labor cases, and new operating procedures.
Fitial also announced his appointment of former Rep. Cinta Kaipat as the new Labor deputy secretary.
Labor director Barry Hirshbein and other Labor officials demonstrated to the media yesterday how they upgraded the Labor and Immigration Identification System with the new installation of a new computer system.
After the demonstration, Labor Secretary Gil M. San Nicolas, Hirshbein, Kaipat, and other Labor officials joined the governor in the news briefing.Fitial said it took two years for his administration to clean up the mess left over from past administrations.
The governor said with the new computer system the LIIDS system has been upgraded for the first time since 2000.
“We have new equipment and new software. The system came online last week. We recognize the hard work put up in by Tom Torres (LIIDS computer specialist 3) to make this happen and the able assistance of Ron Smith (web master),” Fitial said.
With respect to the new website, Fitial said Smith also designed and implemented it.
“This is free for employers, free for prospective employees, and free for the general public. The website is a very efficient way for everyone to see what jobs are available,” he said.
In an interview with Saipan Tribune, San Nicolas said he has been waiting for this computer system project for a long time.
“Our main goal for the automation is to make it easier for all the employers to process their papers, their applications to Labor and Immigration through the automation system,” San Nicolas said.
Hirsbein explained that under the new system, they automatically generate a voucher for a customer electronically, then the customer will be allowed to go down and pay for that voucher. The customer will then return and bring proof of payment.
“We enter the voucher, that application will then be taken down to LIIDS, it will be scanned into the computer system. That application will never come back here to Labor Processing,” he said.
The Labor director said all of the papers found in the shelves at Processing will soon be gone. “The application will be reviewed on the computer. Anyone of my staff can pull out the application out of the processing and review the applications, make deficiencies.” he said.
The approval, Hirshbein said, will be sent out electronically or the deficiency will be sent out by e-mails if the employer has given them their e-mail address and they can correct the deficiencies.
“All of these are tied in with the Employment Services that allows you to post your JVA [Job Vacancy Announcement] online, electronically approve the JVA, and all those systems are tied together,” he said.
Under the new system, Hirshbein pointed out, there will be less chance of misplacing documents and things will be reviewed efficiently.
Fitial said that Labor Employment Services director Alfred Pangelinan and Division of Employment Services supervisor Alice I. Concepcion and their staff are upgrading the services provided to citizen applicants. They are also helping run the new foreign worker transfer program.
On the backlog issue, Fitial cited that Labor had a backlog of over 11,000 applications and delays as long as a year in getting applications acted on by the department.
He said Labor director Hirshbein and his staff at Processing Section have cut the number to less than 100 pending cases from 2007.
That means, Fitial said, that Labor Processing will soon be operating totally under the new labor law.
“It should not take more than a month for applications to be completed by Labor Processing. This will reduce costs for businesses and help foreign workers have stable employment,” he said.
The chief executive said that his administration inherited a backlog of nearly 5,000 cases.
“We finished almost all the cases from 2004 and prior years by March 2007 and we expect to finish all the 2005, 2006, and 2007 cases by June 2008,” he said.
Fitial said when they get that done, the Labor Administrative Hearing Office will be operating totally under the new law.Fitial said they also put up new operating procedures to take advantage of much-improved tools for all of the units at Labor that are provided under the new law.
As for Kaipat's appointment, the governor said that, as author of Public Law 15-108 or the new labor reform law, the former congresswoman spent more than a year in getting it drafted in a way that took into account the input from all parts of the community, including new provisions for foreign workers.
Fitial said Kaipat will be in charge of community outreach to be sure everyone understands the much-improved structure of the local citizen worker-preference and the guest worker program.
The governor commended the people who work at Labor and the management team “for what they have done.”
“We set performance benchmarks, and they stepped up and got the job done,” Fitial added.
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Tuesday, February 12, 2008
'Mess left at Labor cleaned up'
By Agnes E. Donato Reporter
Gov. Benigno R. Fitial said yesterday that the mess left behind by past administrations at the Department of Labor has now been cleaned up.
Fitial announced a “new era” at Labor as he disclosed the department's installation of a new computer system, a new website, cleaning up the backlog of applications and labor cases, and new operating procedures.
Fitial also announced his appointment of former Rep. Cinta Kaipat as the new Labor deputy secretary.
Labor director Barry Hirshbein and other Labor officials demonstrated to the media yesterday how they upgraded the Labor and Immigration Identification System with the new installation of a new computer system.
After the demonstration, Labor Secretary Gil M. San Nicolas, Hirshbein, Kaipat, and other Labor officials joined the governor in the news briefing.Fitial said it took two years for his administration to clean up the mess left over from past administrations.
The governor said with the new computer system the LIIDS system has been upgraded for the first time since 2000.
“We have new equipment and new software. The system came online last week. We recognize the hard work put up in by Tom Torres (LIIDS computer specialist 3) to make this happen and the able assistance of Ron Smith (web master),” Fitial said.
With respect to the new website, Fitial said Smith also designed and implemented it.
“This is free for employers, free for prospective employees, and free for the general public. The website is a very efficient way for everyone to see what jobs are available,” he said.
In an interview with Saipan Tribune, San Nicolas said he has been waiting for this computer system project for a long time.
“Our main goal for the automation is to make it easier for all the employers to process their papers, their applications to Labor and Immigration through the automation system,” San Nicolas said.
Hirsbein explained that under the new system, they automatically generate a voucher for a customer electronically, then the customer will be allowed to go down and pay for that voucher. The customer will then return and bring proof of payment.
“We enter the voucher, that application will then be taken down to LIIDS, it will be scanned into the computer system. That application will never come back here to Labor Processing,” he said.
The Labor director said all of the papers found in the shelves at Processing will soon be gone. “The application will be reviewed on the computer. Anyone of my staff can pull out the application out of the processing and review the applications, make deficiencies.” he said.
The approval, Hirshbein said, will be sent out electronically or the deficiency will be sent out by e-mails if the employer has given them their e-mail address and they can correct the deficiencies.
“All of these are tied in with the Employment Services that allows you to post your JVA [Job Vacancy Announcement] online, electronically approve the JVA, and all those systems are tied together,” he said.
Under the new system, Hirshbein pointed out, there will be less chance of misplacing documents and things will be reviewed efficiently.
Fitial said that Labor Employment Services director Alfred Pangelinan and Division of Employment Services supervisor Alice I. Concepcion and their staff are upgrading the services provided to citizen applicants. They are also helping run the new foreign worker transfer program.
On the backlog issue, Fitial cited that Labor had a backlog of over 11,000 applications and delays as long as a year in getting applications acted on by the department.
He said Labor director Hirshbein and his staff at Processing Section have cut the number to less than 100 pending cases from 2007.
That means, Fitial said, that Labor Processing will soon be operating totally under the new labor law.
“It should not take more than a month for applications to be completed by Labor Processing. This will reduce costs for businesses and help foreign workers have stable employment,” he said.
The chief executive said that his administration inherited a backlog of nearly 5,000 cases.
“We finished almost all the cases from 2004 and prior years by March 2007 and we expect to finish all the 2005, 2006, and 2007 cases by June 2008,” he said.
Fitial said when they get that done, the Labor Administrative Hearing Office will be operating totally under the new law.Fitial said they also put up new operating procedures to take advantage of much-improved tools for all of the units at Labor that are provided under the new law.
As for Kaipat's appointment, the governor said that, as author of Public Law 15-108 or the new labor reform law, the former congresswoman spent more than a year in getting it drafted in a way that took into account the input from all parts of the community, including new provisions for foreign workers.
Fitial said Kaipat will be in charge of community outreach to be sure everyone understands the much-improved structure of the local citizen worker-preference and the guest worker program.
The governor commended the people who work at Labor and the management team “for what they have done.”
“We set performance benchmarks, and they stepped up and got the job done,” Fitial added.
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