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.
Showing posts with label HS1. Show all posts
Showing posts with label HS1. Show all posts
Monday, March 22, 2010
Sunday, March 21, 2010
Local
Monday, March 22, 2010
'Omnibus immigration bill does not violate federal laws'
'Employers who hire aliens without umbrella permit may be violating CNMI, US laws'
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial's special legal counsel, Howard P. Willens, has said that no federal law affects the CNMI Legislature's ability to enact the omnibus immigration bill that the House and the Senate passed on Friday during back-to-back sessions.
Fitial is expected to immediately sign House Bill 17-25, HS1.
Introduced by Rep. Rafael S. Demapan (Cov-Saipan), the Fitial administration-sponsored omnibus immigration bill asserts CNMI control over nonresident workers, and converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark.
The over 70-page bill seeks to conform the Commonwealth Code to the requirements of the federalization law, Title VII of U.S. Public Law 110-229, with respect to federal control of immigration and deportation.
Willens, in a memorandum for the governor dated March 18, said the Consolidated Natural Resources Act or the federalization law 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 Attorney General Edward T. Buckingham's legal opinion basically reaching this conclusion.
Deputy Labor Secretary Cinta M. Kaipat, in a three-page statement to the Legislature on Friday, said most of the provisions of the bill simply remove provisions with respect to immigration and deportation from various sections of the Commonwealth Code without changing the substance of the remaining provisions of those laws.
But during Friday's session, House Minority Leader Diego T. Benavente (R-Saipan) and other Republicans took turns questioning the legality and urgency of the bill, adding that the measure may only be advancing Fitial's agenda “that the federal government is wrong; that we control labor, not the federal government.”
Buckingham and House legal counsel John Cool assured House members that the bill is legal and does not violate federal laws.
Willens, in his memo, also said that the preemption provision of the CNRA does not bar all legislation by the CNMI regarding its workforce either before or after the two-year transition period.
He said none of the provisions of the local omnibus immigration measure affects or unduly burdens the authority of the U.S. Department of Homeland Security to implement its standard visa program, to issue regulations providing for a transitional worker program as directed by the CNRA, or to remove those aliens no longer authorized to remain in the CNMI.
“As amply documented in the Opinion of the Attorney General, the CNRA does not expressly or implicitly preempt local CNMI laws dealing with employment practices pursuant to the Commonwealth's authority over intrastate commerce and its police power. There is nothing in the language of the CNRA or its legislative history that suggest otherwise,” Willens said.
'Premature, inaccurate'
Willens also described as “premature and inaccurate” the contention that enactment of the omnibus bill will violate other federal laws.
He said Federal Labor Ombudsman Pamela Brown, one of the opponents of the local bill, has suggested that its enactment will violate federal laws other than the CNRA.
Brown cited the Illegal Immigration Reform and Immigration Responsibility Act of 1996, and the Immigration Reform Control Act of 1986.
“The first of these two laws appears entirely irrelevant to the issues now before the Legislature,” Willens said.
The second law, he said, makes illegal the knowing hiring or recruiting of illegal immigrants who do not possess a lawful work authorization under the federal immigration laws.
He said some state laws have recently been challenged under this law requiring an interpretation of the preemption provision.
Kaipat, in her statement, said Brown's short legal opinion on the subject “is wrong.”
“This is not an area of Ms. Brown's concern as federal ombudsman. So far as we know, no one at Homeland Security has asked her to take these confrontational actions in the Commonwealth,” she added.
'Employers may be in violation of laws'
In his four-page memo to Fitial, Willens said in the first place, the CNMI Legislature clearly has the authority to update its laws in light of the preemption provision of the CNRA and to reaffirm the authority contained in that federal law to enforce the umbrella permits until Nov. 27, 2011.
“Employers who elect to hire employees who lack an umbrella permit may be at risk of violating both CNMI and federal laws during this transitional period until Nov. 27, 2011,” Willens said in a footnote in his memo.
He said looking further ahead, the CNMI will be free to consider alternative means of regulating its workforce in light of all applicable laws.
“The clear direction of the CNRA is that United States citizens are to be favored for employment (and all foreign workers who cannot qualify under the federal system for a visa must be removed by the end of 2014),” Willens told Fitial.
He added that the provision regarding preferences for U.S. citizens in the legislation appears appropriate and lawful under both the CNRA and the 1986 Immigration and Control Act.
Kaipat, for her part, said the local measure is not limited to a two-year time horizon.
“The Commonwealth has the power, like any state, to legislate with respect to the terms and conditions of employment in the Commonwealth. This legislation will last for as long as there is employment in the Commonwealth or until the Legislature amends it,” she said.
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.”
She added that another key provision of the bill is the reorganization of CNMI Labor, so that the department “can address more effectively the problems of promoting citizen employment.”
Monday, March 22, 2010
'Omnibus immigration bill does not violate federal laws'
'Employers who hire aliens without umbrella permit may be violating CNMI, US laws'
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial's special legal counsel, Howard P. Willens, has said that no federal law affects the CNMI Legislature's ability to enact the omnibus immigration bill that the House and the Senate passed on Friday during back-to-back sessions.
Fitial is expected to immediately sign House Bill 17-25, HS1.
Introduced by Rep. Rafael S. Demapan (Cov-Saipan), the Fitial administration-sponsored omnibus immigration bill asserts CNMI control over nonresident workers, and converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark.
The over 70-page bill seeks to conform the Commonwealth Code to the requirements of the federalization law, Title VII of U.S. Public Law 110-229, with respect to federal control of immigration and deportation.
Willens, in a memorandum for the governor dated March 18, said the Consolidated Natural Resources Act or the federalization law 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 Attorney General Edward T. Buckingham's legal opinion basically reaching this conclusion.
Deputy Labor Secretary Cinta M. Kaipat, in a three-page statement to the Legislature on Friday, said most of the provisions of the bill simply remove provisions with respect to immigration and deportation from various sections of the Commonwealth Code without changing the substance of the remaining provisions of those laws.
But during Friday's session, House Minority Leader Diego T. Benavente (R-Saipan) and other Republicans took turns questioning the legality and urgency of the bill, adding that the measure may only be advancing Fitial's agenda “that the federal government is wrong; that we control labor, not the federal government.”
Buckingham and House legal counsel John Cool assured House members that the bill is legal and does not violate federal laws.
Willens, in his memo, also said that the preemption provision of the CNRA does not bar all legislation by the CNMI regarding its workforce either before or after the two-year transition period.
He said none of the provisions of the local omnibus immigration measure affects or unduly burdens the authority of the U.S. Department of Homeland Security to implement its standard visa program, to issue regulations providing for a transitional worker program as directed by the CNRA, or to remove those aliens no longer authorized to remain in the CNMI.
“As amply documented in the Opinion of the Attorney General, the CNRA does not expressly or implicitly preempt local CNMI laws dealing with employment practices pursuant to the Commonwealth's authority over intrastate commerce and its police power. There is nothing in the language of the CNRA or its legislative history that suggest otherwise,” Willens said.
'Premature, inaccurate'
Willens also described as “premature and inaccurate” the contention that enactment of the omnibus bill will violate other federal laws.
He said Federal Labor Ombudsman Pamela Brown, one of the opponents of the local bill, has suggested that its enactment will violate federal laws other than the CNRA.
Brown cited the Illegal Immigration Reform and Immigration Responsibility Act of 1996, and the Immigration Reform Control Act of 1986.
“The first of these two laws appears entirely irrelevant to the issues now before the Legislature,” Willens said.
The second law, he said, makes illegal the knowing hiring or recruiting of illegal immigrants who do not possess a lawful work authorization under the federal immigration laws.
He said some state laws have recently been challenged under this law requiring an interpretation of the preemption provision.
Kaipat, in her statement, said Brown's short legal opinion on the subject “is wrong.”
“This is not an area of Ms. Brown's concern as federal ombudsman. So far as we know, no one at Homeland Security has asked her to take these confrontational actions in the Commonwealth,” she added.
'Employers may be in violation of laws'
In his four-page memo to Fitial, Willens said in the first place, the CNMI Legislature clearly has the authority to update its laws in light of the preemption provision of the CNRA and to reaffirm the authority contained in that federal law to enforce the umbrella permits until Nov. 27, 2011.
“Employers who elect to hire employees who lack an umbrella permit may be at risk of violating both CNMI and federal laws during this transitional period until Nov. 27, 2011,” Willens said in a footnote in his memo.
He said looking further ahead, the CNMI will be free to consider alternative means of regulating its workforce in light of all applicable laws.
“The clear direction of the CNRA is that United States citizens are to be favored for employment (and all foreign workers who cannot qualify under the federal system for a visa must be removed by the end of 2014),” Willens told Fitial.
He added that the provision regarding preferences for U.S. citizens in the legislation appears appropriate and lawful under both the CNRA and the 1986 Immigration and Control Act.
Kaipat, for her part, said the local measure is not limited to a two-year time horizon.
“The Commonwealth has the power, like any state, to legislate with respect to the terms and conditions of employment in the Commonwealth. This legislation will last for as long as there is employment in the Commonwealth or until the Legislature amends it,” she said.
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.”
She added that another key provision of the bill is the reorganization of CNMI Labor, so that the department “can address more effectively the problems of promoting citizen employment.”
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.
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