Monday, March 29, 2010
Local
Monday, March 29, 2010
ADVICE TO CONFUSED WORKERS, EMPLOYERS
'Continue coordinating with CNMI Labor'
By Ferdie de la Torre
Reporter
Attorney General Edward T. Buckingham said alien workers and employers who are confused about the conflicting views of the federal and CNMI governments on umbrella permits should continue to coordinate with the Department of Labor.
Buckingham told Saipan Tribune that workers should attend to their scheduled return date to Labor and continue to obey all CNMI and U.S. laws.
“I have a legal opinion on this matter (umbrella permits issue),” Buckingham said, adding that he respects a difference of opinion with federal officials.
The federal government's position is that the CNMI Labor lost its authority to revoke the umbrella permits after the federalization law took effect on Nov. 28, 2009. CNMI Labor and Buckingham dispute this.
Walter Haith, the Guam/CNMI U.S. Citizenship and Immigration Services field office director, said in a recent forum that the federal government is certain in its views on the umbrella permit and authority over nonresident workers, but it is ultimately the decision of workers and employers whom they will believe and follow.
The CIS official also suggested to workers and employers to see their office or Federal Ombudsman Pamela Brown if they have problems with their umbrella permits.
Haith said employers should also consult their legal counsel if they have doubts.
Buckingham disclosed that Immigration and Customs Enforcement agents continue to work with Labor at the operational level.
“We have a recent case where the ICE agent inquired about the umbrella permit. Labor advised them there was a permit,” Buckingham said.
The ICE agent, the AG said, stated that the foreign national worker had been convicted of a sex offense against a minor and if Labor would revoke the umbrella permit.
“Labor said it would take steps to revoke. ICE said it would work with Labor after the umbrella permit was revoked so the person could be deported,” Buckingham added.
Showing posts with label umbrella permits. Show all posts
Showing posts with label umbrella permits. Show all posts
Sunday, March 28, 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.
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.
Monday, March 8, 2010
About 300 Facing Deportation, 200 Umbrella Permits Revoked
Local
Tuesday, March 09, 2010
About 300 facing deportation, 200 umbrella permits revoked
By Haidee V. Eugenio
Reporter
Deputy Labor Secretary Jacinta M. Kaipat said yesterday 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.
Kaipat was responding to a question from Senate President Paul A. Manglona (R-Rota) on whether the CNMI Department of Labor has deported anybody since the federal takeover of local immigration.
Members of the Senate and House of Representatives held a meeting with Labor and other administration officials to discuss two omnibus immigration bills yesterday afternoon on Capital Hill.
Kaipat said passage of the proposed Immigration Conformity Act of 2010 takes into account the impact of U.S. Public Law 110-229 or the federalization law, on the CNMI, including possible pre-emption of CNMI law by federal actions.
“Time and time again, the 300 some people were given the opportunity to clear their status but they didn't come forward. They know who they are. We will be referring their names to ICE soon,” Kaipat told Saipan Tribune right after the meeting with lawmakers.
She said many of the overstayers have been in the CNMI for years without legal status. She, however, said Labor could not release the names yet.
ICE is one of the component agencies of the U.S. Department of Homeland Security.
“This does not yet include those with umbrella permits revoked. Some 200 is what we have so far,” she told lawmakers.
Kaipat, as well as lawmakers, said ICE should have procedures that will clarify when CNMI employers are relieved of their obligations to foreign workers who are subject to ICE deportation.
“We need to put pressure on DHS to step up deportation of people referred to them [by Labor],” she said.
Rota Labor resident director Richard Taisacan, who was also at the meeting, said ICE does not have a system in place to speed up the process of deportation.
On Rota alone, he said, there are 10 individuals considered deportable but the CNMI could not deport them because it lost its authority to do so to the federal government.
'Reckless'
During the meeting, Kaipat said U.S. Labor Ombudsman Pamela Brown is not only creating confusion but has also been “acting recklessly.”
Brown, who met with foreign workers on Thursday, said CNMI Labor lost the authority to revoke umbrella permits issued to alien workers and those with immediate relative status on Nov. 28, 2009, when the federalization law took effect.
“Employment of aliens is now a matter of federal law,” Brown told the crowd at the American Memorial Park’s amphitheater Thursday night.
“Pam Brown is acting recklessly and irresponsibly in urging people to ignore established laws. People are relying on her and are therefore jeopardizing their status. Her statements are really uncalled for,” Kaipat told lawmakers.
Brown could not be reached for comment yesterday.
Manglona instructed Senate legal counsel Antonette Villagomez to invite Brown to yesterday's meeting. Villagomez said Brown was off island and could not attend the meeting.
“I want to caution workers not to jeopardize their status because Pam Brown is not DHS and she's not a federal judge,” Kaipat added.
Rep. Tony Sablan (R-Saipan), a former immigration director, echoed Kaipat's concerns about Brown's statement made to the public on the issue of umbrella permits and the authority of CNMI Labor.
AG clarification
Attorney General Edward T. Buckingham separately clarified that the CNMI Department of Labor has the authority to revoke umbrella permits, reacting to Brown's statement that seems to suggest that an umbrella permit cannot be revoked.
He said the CNMI retains authority through the Department of Labor for the management of umbrella permits.
“Specifically, the Department of Labor has both the authority and the duty to monitor compliance with umbrella permit holders. Should one or more conditions of the umbrella permit not be met, the umbrella permit is subject to being revoked,” Buckingham said.
Buckingham said if holders of umbrella permits believe they no longer need to comply with Labor standards, they may face revocation of the permit.
“This may affect their status in the Commonwealth and may lead to deportation proceedings. The Commonwealth and the Department of Homeland Security, Immigration and Customs Enforcement have different roles to play. But, as a whole, we are part of the same government,” he said.
'Unfortunate consequences'
The attorney general 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.
“To take the position that someone could stop complying with requirements of the CNMI Department of Labor could mean that a person would be without employment. Such people would be a drain on the economy and present a risk of involvement in criminal activities or, because of not having employment, risk becoming victims of unscrupulous people taking advantage of their problems,” Buckingham said.
He said ignoring conditions set by the Department of Labor is, in his view, “unwise” and may subject the holder of an umbrella permit to “unfortunate consequences.”
“An umbrella permit can be revoked. Legal status can be lost. And, through coordination between the CNMI and Immigration and Customs Enforcement, an individual may be subject to deportation,” he added.
Omnibus bills
Members of the Senate Committee on Resources, Economic Development and Programs, as well as other lawmakers, discussed yesterday with Departments of Labor and Commerce officials two omnibus immigration bills.
The 73-page House Bill 17-25, introduced by Rep. Rafael Demapan (Cov-Saipan), seeks to amend certain sections of the Commonwealth Code dealing with immigration functions. It is also called the “Immigration Conformity Act of 2010.”
The second, still unnumbered, Senate bill runs only 17 pages and is also called the “Immigration Conformity Act of 2010.”
The Saipan Chamber of Commerce, the largest business organization in the CNMI, is now also reviewing the bills, which may move quickly in the Legislature.
Tuesday, March 09, 2010
About 300 facing deportation, 200 umbrella permits revoked
By Haidee V. Eugenio
Reporter
Deputy Labor Secretary Jacinta M. Kaipat said yesterday 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.
Kaipat was responding to a question from Senate President Paul A. Manglona (R-Rota) on whether the CNMI Department of Labor has deported anybody since the federal takeover of local immigration.
Members of the Senate and House of Representatives held a meeting with Labor and other administration officials to discuss two omnibus immigration bills yesterday afternoon on Capital Hill.
Kaipat said passage of the proposed Immigration Conformity Act of 2010 takes into account the impact of U.S. Public Law 110-229 or the federalization law, on the CNMI, including possible pre-emption of CNMI law by federal actions.
“Time and time again, the 300 some people were given the opportunity to clear their status but they didn't come forward. They know who they are. We will be referring their names to ICE soon,” Kaipat told Saipan Tribune right after the meeting with lawmakers.
She said many of the overstayers have been in the CNMI for years without legal status. She, however, said Labor could not release the names yet.
ICE is one of the component agencies of the U.S. Department of Homeland Security.
“This does not yet include those with umbrella permits revoked. Some 200 is what we have so far,” she told lawmakers.
Kaipat, as well as lawmakers, said ICE should have procedures that will clarify when CNMI employers are relieved of their obligations to foreign workers who are subject to ICE deportation.
“We need to put pressure on DHS to step up deportation of people referred to them [by Labor],” she said.
Rota Labor resident director Richard Taisacan, who was also at the meeting, said ICE does not have a system in place to speed up the process of deportation.
On Rota alone, he said, there are 10 individuals considered deportable but the CNMI could not deport them because it lost its authority to do so to the federal government.
'Reckless'
During the meeting, Kaipat said U.S. Labor Ombudsman Pamela Brown is not only creating confusion but has also been “acting recklessly.”
Brown, who met with foreign workers on Thursday, said CNMI Labor lost the authority to revoke umbrella permits issued to alien workers and those with immediate relative status on Nov. 28, 2009, when the federalization law took effect.
“Employment of aliens is now a matter of federal law,” Brown told the crowd at the American Memorial Park’s amphitheater Thursday night.
“Pam Brown is acting recklessly and irresponsibly in urging people to ignore established laws. People are relying on her and are therefore jeopardizing their status. Her statements are really uncalled for,” Kaipat told lawmakers.
Brown could not be reached for comment yesterday.
Manglona instructed Senate legal counsel Antonette Villagomez to invite Brown to yesterday's meeting. Villagomez said Brown was off island and could not attend the meeting.
“I want to caution workers not to jeopardize their status because Pam Brown is not DHS and she's not a federal judge,” Kaipat added.
Rep. Tony Sablan (R-Saipan), a former immigration director, echoed Kaipat's concerns about Brown's statement made to the public on the issue of umbrella permits and the authority of CNMI Labor.
AG clarification
Attorney General Edward T. Buckingham separately clarified that the CNMI Department of Labor has the authority to revoke umbrella permits, reacting to Brown's statement that seems to suggest that an umbrella permit cannot be revoked.
He said the CNMI retains authority through the Department of Labor for the management of umbrella permits.
“Specifically, the Department of Labor has both the authority and the duty to monitor compliance with umbrella permit holders. Should one or more conditions of the umbrella permit not be met, the umbrella permit is subject to being revoked,” Buckingham said.
Buckingham said if holders of umbrella permits believe they no longer need to comply with Labor standards, they may face revocation of the permit.
“This may affect their status in the Commonwealth and may lead to deportation proceedings. The Commonwealth and the Department of Homeland Security, Immigration and Customs Enforcement have different roles to play. But, as a whole, we are part of the same government,” he said.
'Unfortunate consequences'
The attorney general 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.
“To take the position that someone could stop complying with requirements of the CNMI Department of Labor could mean that a person would be without employment. Such people would be a drain on the economy and present a risk of involvement in criminal activities or, because of not having employment, risk becoming victims of unscrupulous people taking advantage of their problems,” Buckingham said.
He said ignoring conditions set by the Department of Labor is, in his view, “unwise” and may subject the holder of an umbrella permit to “unfortunate consequences.”
“An umbrella permit can be revoked. Legal status can be lost. And, through coordination between the CNMI and Immigration and Customs Enforcement, an individual may be subject to deportation,” he added.
Omnibus bills
Members of the Senate Committee on Resources, Economic Development and Programs, as well as other lawmakers, discussed yesterday with Departments of Labor and Commerce officials two omnibus immigration bills.
The 73-page House Bill 17-25, introduced by Rep. Rafael Demapan (Cov-Saipan), seeks to amend certain sections of the Commonwealth Code dealing with immigration functions. It is also called the “Immigration Conformity Act of 2010.”
The second, still unnumbered, Senate bill runs only 17 pages and is also called the “Immigration Conformity Act of 2010.”
The Saipan Chamber of Commerce, the largest business organization in the CNMI, is now also reviewing the bills, which may move quickly in the Legislature.
Labor Says It Can Revoke Umbrella Permits
Labor says it can revoke umbrella permits
Tuesday, 09 March 2010 00:00 By Gemma Q. Casas - Reporter
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JUST days after Federal Labor Ombudsman Pamela Brown announced that umbrella permit holders are protected from being deported until Nov. 27, 2011 even if they lose their jobs, the CNMI Department of Labor is now asking lawmakers to pass a measure, H.B. 17-25, requiring all foreigners working, studying and doing business on the islands to register every year with DOL.
Deputy Labor Secretary Jacinta M. Kaipat told the Senate Standing Committee on Judiciary and Governmental Operations during a hearing yesterday afternoon that despite the implementation on Nov. 28, 2009 of U.S. Public Law 110-229, or the federalization law, the CNMI government can still enact labor-related laws to protect its interests.
“We need to…prevent any disruption by federal preemption. When we take out the immigration and deportation language, then [CNMI] laws are beyond the reach of federal preemption,” said Kaipat.
A major issue is the legal impact of the umbrella permits that thousands of foreign workers, students and investors as well as their dependents were given prior to Nov. 28, 2009.
Brown said the employers do not need the approval of the CNMI Department of Labor to hire umbrella permit holders and these workers can also get part-time jobs.
Kaipat disagrees.
“The federal ombudsman and some other lawyers are consistently trying to undermine the umbrella permit program. Careful analysis prior to implementing the umbrella permit program confirmed that it is within the powers already granted to the Department of Labor by the Legislature,” said Kaipat in her written testimony.
“However, to dispel any doubt, Section 2 of [House Bill 17-25] provides: ‘It is the intent of the Legislature that the umbrella permits issued by the Department of Labor in 2009 continue to be governed under the department’s normal processes. All umbrella permits and the bases on which they were granted are ratified and approved…any other provision of current or former law or regulation notwithstanding…. Section 5(Q)(4) confirms the department’s authority to modify or revoke umbrella permits,” she added.
H.B. 17-25, or the Immigration Conformity Act of 2010, was introduced by Rep. Rafael S. Demapan, Covenant-Saipan.
According to the bill, the federalization of the islands’ immigration system “does not preempt the commonwealth’s labor laws.”
“It is the intent of the Legislature that this act shall exercise the authority of the commonwealth to regulate labor conditions and practices within the commonwealth,” H.B. 17-25 stated.
“It is the intent of the Legislature that the umbrella permits issued by the Department of Labor in 2009 continue to be governed under the department’s normal processes,” it added.
The bill requires every alien who remains in the CNMI longer than 90 days to register with Labor. This registration will be renewed annually.
Failure to register is considered a misdemeanor punishable by a fine of $500 and imprisonment of not more than 90 days or both.
The bill also asserts the power of DOL to “revoke umbrella permits” if conditions are not met.
Tuesday, 09 March 2010 00:00 By Gemma Q. Casas - Reporter
E-mail Print
JUST days after Federal Labor Ombudsman Pamela Brown announced that umbrella permit holders are protected from being deported until Nov. 27, 2011 even if they lose their jobs, the CNMI Department of Labor is now asking lawmakers to pass a measure, H.B. 17-25, requiring all foreigners working, studying and doing business on the islands to register every year with DOL.
Deputy Labor Secretary Jacinta M. Kaipat told the Senate Standing Committee on Judiciary and Governmental Operations during a hearing yesterday afternoon that despite the implementation on Nov. 28, 2009 of U.S. Public Law 110-229, or the federalization law, the CNMI government can still enact labor-related laws to protect its interests.
“We need to…prevent any disruption by federal preemption. When we take out the immigration and deportation language, then [CNMI] laws are beyond the reach of federal preemption,” said Kaipat.
A major issue is the legal impact of the umbrella permits that thousands of foreign workers, students and investors as well as their dependents were given prior to Nov. 28, 2009.
Brown said the employers do not need the approval of the CNMI Department of Labor to hire umbrella permit holders and these workers can also get part-time jobs.
Kaipat disagrees.
“The federal ombudsman and some other lawyers are consistently trying to undermine the umbrella permit program. Careful analysis prior to implementing the umbrella permit program confirmed that it is within the powers already granted to the Department of Labor by the Legislature,” said Kaipat in her written testimony.
“However, to dispel any doubt, Section 2 of [House Bill 17-25] provides: ‘It is the intent of the Legislature that the umbrella permits issued by the Department of Labor in 2009 continue to be governed under the department’s normal processes. All umbrella permits and the bases on which they were granted are ratified and approved…any other provision of current or former law or regulation notwithstanding…. Section 5(Q)(4) confirms the department’s authority to modify or revoke umbrella permits,” she added.
H.B. 17-25, or the Immigration Conformity Act of 2010, was introduced by Rep. Rafael S. Demapan, Covenant-Saipan.
According to the bill, the federalization of the islands’ immigration system “does not preempt the commonwealth’s labor laws.”
“It is the intent of the Legislature that this act shall exercise the authority of the commonwealth to regulate labor conditions and practices within the commonwealth,” H.B. 17-25 stated.
“It is the intent of the Legislature that the umbrella permits issued by the Department of Labor in 2009 continue to be governed under the department’s normal processes,” it added.
The bill requires every alien who remains in the CNMI longer than 90 days to register with Labor. This registration will be renewed annually.
Failure to register is considered a misdemeanor punishable by a fine of $500 and imprisonment of not more than 90 days or both.
The bill also asserts the power of DOL to “revoke umbrella permits” if conditions are not met.
Saturday, December 12, 2009
Sunday, December 13, 2009
Local
Saturday, December 12, 2009
Q&A
UMBRELLA PERMITS
Question: What will be the function of the CNMI Department of Labor under federalization?
Answer: The CNMI Department of Labor will continue to perform its functions as prescribed by CNMI law except those directly concerned with the process of actual entry into the Commonwealth and the process of actual deportation from the Commonwealth.
With respect to the entry of foreign workers, in the past, the department approved applications for entry that were forwarded to the Division of Immigration for action. The function of allowing entry to the Commonwealth now rests with USCIS.
With respect to the deportation of foreign workers, in the past, the department referred to the Division of Immigration those who did not comply with repatriation orders. The department will continue to assist workers with voluntary repatriation and obtain repatriation tickets from the last employer of record. However, those who do not comply with repatriation orders will be referred to the federal Immigration and Customs Enforcement agency for deportation.
With respect to other functions-including approval of applications, requirements with respect to medical expenses and bonding of wages and other expenses, transfers, investigations, hearing of disputes, and revocation of permits-the department will continue to function as it has in the past.
Q: Will the Department of Labor issue any additional umbrella permits?
A: No umbrella permits will be issued after Nov. 27, 2009. The federal law recognizes all CNMI umbrella permits issued through Nov. 27, 2009 and not thereafter.
Q: If a person's name is on a list on the department's Web site as eligible for an umbrella permit, will the department issue it?
A: No umbrella permits will be issued after Nov. 27, 2009.
Q: If a permit was printed for a person, but that person did not pick up the permit for some reason, will the department issue it?
A: No. The printing of permits is different from the issuance of permits. A permit is “issued” when the holder of the permit appears in person on or before Nov. 27, 2009, presents acceptable identification, and signs and dates the permit before a Labor Department staff member who also signs and dates the permit.
Q: What happens to a person who holds a valid permit but who did not pick up an umbrella permit?
A: Any person who held a valid permit on Nov. 27 may stay in the Commonwealth and work until the expiration of that permit.
Q: Did the department issue umbrella permits to any overstayers?
A: The department issued permits to persons who did not have currently valid work permits if they were not on any overstayer list certified to the Immigration Division, filed an application on a form provided by the department at the Administrative Hearing Office, and met the criteria in the Governor's Protocol issued in September 2009.
Q: What about persons who might meet the Governor's Protocol criteria who applied to the Attorney General instead of the Labor Department?
A: Persons on certified overstayer lists were not qualified for an umbrella permit under any circumstances unless they received a waiver from the Immigration Division. Once an overstayer list is published, and opportunity is given for persons named on the list to appear at Labor and clear up their record, the names of all persons who appear are deleted from the list and the names of all persons who do not appear remain on the list. The department certifies quarterly overstayer lists to the Immigration Division. Thereafter, the department will not take action as to an overstayer without a waiver from the Immigration Division. When waivers were granted by the Immigration Division, the department considered these overstayers under the same criteria as overstayers who were not on a certified list.
Q: What happens to the overstayer who did not get an umbrella permit?
A: The CNMI Labor Department will assist overstayers to obtain repatriation tickets from the last employer of record and to depart voluntarily. Under a voluntary repatriation, the person may remain eligible to enter the U.S. in the future if they comply with federal immigration law.
Overstayers who do not comply with voluntary repatriation will be referred to the Immigration and Customs Enforcement agency. Only the federal government can deport people. A person who is deported may not be eligible to enter the U.S. in the future.
Q: What is the report-back date on the umbrella permits?
A: The report-back date is the last date on which some necessary action must be taken to keep the umbrella permit in force. For holders of valid work permits, the report-back date is the date on which the work permit expires and a renewal or transfer should be in process. For those whose applications were in process when the umbrella permit was issued, the report-back date is the last date to correct deficiencies or appeal denials. For those with cases or claims, the report-back date is a date by which the matter is expected to be resolved. If the matter is not resolved by that date, a new report-back date will be set. For those who are seeking work, the report-back date is the date by which an employer intent form must be filed.
Q: Are all holders of umbrella permits allowed to register with Employment Services in order to seek work?
A: All holders of umbrella permits may register when they are seeking work except those who hold umbrella permits under a claim of pending case, pending appeal, or pending claim under an administrative order for unpaid wages. Those with pending cases, appeals, and claims may be authorized to seek temporary work, but when the case, appeal, or claim is completed, the basis for remaining in the Commonwealth may end. Those who have unpaid wage claims that are determined by the Attorney General to be uncollectible may register to seek permission to transfer to a new employer.
Q: When are those who hold umbrella permits and are seeking work required to register with Employment Services?
A: Anyone holding an umbrella permit and seeking work who has already registered with Employment Services is not required to re-register unless ordered to do so by a Hearing officer. An Employer Intent Form must be filed before the report-back date.
Anyone holding an umbrella permit and seeking work who has not yet registered with Employment Services must register before the report-back date on their umbrella permit and file an Employer Intent Form before the report-back date.
Q: How will the temporary handwritten umbrella permits be handled?
A: Temporary permits were issued in some cases because the computer system did not have a sufficient photo image or there was some other problem with the record from which the umbrella permits were printed. Temporary permits all carry a report-back date of January 15, 2009. From December 15, 2009 through January 15, 2009, the holders of temporary permits may report to Labor Processing to pick up their permanent permit with their picture on it. Those who have no photos on file will be asked to supply a passport-sized photo.
Q: Is an employer allowed to renew a worker who has an umbrella permit?
A: Yes, if a worker has an umbrella permit, the worker can be renewed under the department's normal processes.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit but still has a valid work permit?
A: A worker without an umbrella permit can be renewed if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can be renewed for the period until the worker's permit expires in June 2010.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer on or before November 27, 2009 and was in process on November 27, 2009. If the worker's permit expired but the worker was still eligible to be renewed under normal department processes, then the renewal filed on or before November 27 will proceed as usual. The worker will get whatever period of time the employer applied and paid for (one year, two years, etc.)
Q: Is a worker allowed to transfer to a new employer if the worker has an umbrella permit?
A: Yes, under the department's normal processes.
Q: Is a worker allowed to transfer if the worker does not have an umbrella permit?
A: A worker without an umbrella permit can transfer if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can transfer and work until the worker's permit expires in June 2010. In addition, if the employer's application with respect to the worker was in process on November 27, the worker will be allowed to transfer for whatever period the employer applied and paid for.
Q: Is an employer allowed to employ a worker under a transfer if the worker does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer and there was a conditional grant of transfer on or before November 27, 2009. The worker will get whatever period of time the employer applied for (one year, two years, etc.)
Q: When will the department start issuing plastic cards again?
A: On December 15, 2009, after all of the records for the umbrella permit process have been put into the department's computer system.
Q: Where do IRs report for their annual registration now that the Immigration Division is gone?
A: Immediate relatives of U.S. citizens register with the Office of the Attorney General. Immediate relatives of aliens register with the Department of Labor.
Q: What about 240P permits and refugees?
A: The Attorney General handles those matters.
Q: Who revokes umbrella permits?
A: An umbrella permit issued by the Labor Department will be revoked, if necessary, by the Labor Department. An umbrella permit issued by the Commerce Department will be revoked, if necessary, by the Commerce Department. An umbrella permit issued by the Immigration Division will be revoked, if necessary, by the Office of the Attorney General, except for umbrella permits issued to immediate relatives of aliens, which will be handled by the Labor Department.
The department will follow the same process it uses for revoking any permit. The Director of Labor will petition the Hearing Office to revoke the permit. The Hearing Office will hold a hearing to determine whether the permit should be revoked. A Hearing Officer will issue an order either revoking the permit or leaving it in force. Thereafter, parties will have an opportunity to appeal to the Secretary, and a further judicial review in the Commonwealth Superior Court.
Q: What happens to workers whose appeals are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue an appeal. If the appeal is successful, then the umbrella permit remains in effect and the order will allow the worker to re-register and pursue a transfer. If the appeal is denied, then the order will deal with the umbrella permit.
Q: What happens to workers whose cases are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue a case. If the case is successful, then the umbrella permit remains in effect. If the hearing officer dismisses the claims or finds against the worker, the order will deal with the umbrella permit.
Q: What data will be issued about the umbrella permit program?
A: Data on the umbrella permit program will be available after the Department reconciles its digital records. The data will be available in the Department's year-end annual report to the Legislature.
Source: CNMI Department of Labor
Local
Saturday, December 12, 2009
Q&A
UMBRELLA PERMITS
Question: What will be the function of the CNMI Department of Labor under federalization?
Answer: The CNMI Department of Labor will continue to perform its functions as prescribed by CNMI law except those directly concerned with the process of actual entry into the Commonwealth and the process of actual deportation from the Commonwealth.
With respect to the entry of foreign workers, in the past, the department approved applications for entry that were forwarded to the Division of Immigration for action. The function of allowing entry to the Commonwealth now rests with USCIS.
With respect to the deportation of foreign workers, in the past, the department referred to the Division of Immigration those who did not comply with repatriation orders. The department will continue to assist workers with voluntary repatriation and obtain repatriation tickets from the last employer of record. However, those who do not comply with repatriation orders will be referred to the federal Immigration and Customs Enforcement agency for deportation.
With respect to other functions-including approval of applications, requirements with respect to medical expenses and bonding of wages and other expenses, transfers, investigations, hearing of disputes, and revocation of permits-the department will continue to function as it has in the past.
Q: Will the Department of Labor issue any additional umbrella permits?
A: No umbrella permits will be issued after Nov. 27, 2009. The federal law recognizes all CNMI umbrella permits issued through Nov. 27, 2009 and not thereafter.
Q: If a person's name is on a list on the department's Web site as eligible for an umbrella permit, will the department issue it?
A: No umbrella permits will be issued after Nov. 27, 2009.
Q: If a permit was printed for a person, but that person did not pick up the permit for some reason, will the department issue it?
A: No. The printing of permits is different from the issuance of permits. A permit is “issued” when the holder of the permit appears in person on or before Nov. 27, 2009, presents acceptable identification, and signs and dates the permit before a Labor Department staff member who also signs and dates the permit.
Q: What happens to a person who holds a valid permit but who did not pick up an umbrella permit?
A: Any person who held a valid permit on Nov. 27 may stay in the Commonwealth and work until the expiration of that permit.
Q: Did the department issue umbrella permits to any overstayers?
A: The department issued permits to persons who did not have currently valid work permits if they were not on any overstayer list certified to the Immigration Division, filed an application on a form provided by the department at the Administrative Hearing Office, and met the criteria in the Governor's Protocol issued in September 2009.
Q: What about persons who might meet the Governor's Protocol criteria who applied to the Attorney General instead of the Labor Department?
A: Persons on certified overstayer lists were not qualified for an umbrella permit under any circumstances unless they received a waiver from the Immigration Division. Once an overstayer list is published, and opportunity is given for persons named on the list to appear at Labor and clear up their record, the names of all persons who appear are deleted from the list and the names of all persons who do not appear remain on the list. The department certifies quarterly overstayer lists to the Immigration Division. Thereafter, the department will not take action as to an overstayer without a waiver from the Immigration Division. When waivers were granted by the Immigration Division, the department considered these overstayers under the same criteria as overstayers who were not on a certified list.
Q: What happens to the overstayer who did not get an umbrella permit?
A: The CNMI Labor Department will assist overstayers to obtain repatriation tickets from the last employer of record and to depart voluntarily. Under a voluntary repatriation, the person may remain eligible to enter the U.S. in the future if they comply with federal immigration law.
Overstayers who do not comply with voluntary repatriation will be referred to the Immigration and Customs Enforcement agency. Only the federal government can deport people. A person who is deported may not be eligible to enter the U.S. in the future.
Q: What is the report-back date on the umbrella permits?
A: The report-back date is the last date on which some necessary action must be taken to keep the umbrella permit in force. For holders of valid work permits, the report-back date is the date on which the work permit expires and a renewal or transfer should be in process. For those whose applications were in process when the umbrella permit was issued, the report-back date is the last date to correct deficiencies or appeal denials. For those with cases or claims, the report-back date is a date by which the matter is expected to be resolved. If the matter is not resolved by that date, a new report-back date will be set. For those who are seeking work, the report-back date is the date by which an employer intent form must be filed.
Q: Are all holders of umbrella permits allowed to register with Employment Services in order to seek work?
A: All holders of umbrella permits may register when they are seeking work except those who hold umbrella permits under a claim of pending case, pending appeal, or pending claim under an administrative order for unpaid wages. Those with pending cases, appeals, and claims may be authorized to seek temporary work, but when the case, appeal, or claim is completed, the basis for remaining in the Commonwealth may end. Those who have unpaid wage claims that are determined by the Attorney General to be uncollectible may register to seek permission to transfer to a new employer.
Q: When are those who hold umbrella permits and are seeking work required to register with Employment Services?
A: Anyone holding an umbrella permit and seeking work who has already registered with Employment Services is not required to re-register unless ordered to do so by a Hearing officer. An Employer Intent Form must be filed before the report-back date.
Anyone holding an umbrella permit and seeking work who has not yet registered with Employment Services must register before the report-back date on their umbrella permit and file an Employer Intent Form before the report-back date.
Q: How will the temporary handwritten umbrella permits be handled?
A: Temporary permits were issued in some cases because the computer system did not have a sufficient photo image or there was some other problem with the record from which the umbrella permits were printed. Temporary permits all carry a report-back date of January 15, 2009. From December 15, 2009 through January 15, 2009, the holders of temporary permits may report to Labor Processing to pick up their permanent permit with their picture on it. Those who have no photos on file will be asked to supply a passport-sized photo.
Q: Is an employer allowed to renew a worker who has an umbrella permit?
A: Yes, if a worker has an umbrella permit, the worker can be renewed under the department's normal processes.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit but still has a valid work permit?
A: A worker without an umbrella permit can be renewed if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can be renewed for the period until the worker's permit expires in June 2010.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer on or before November 27, 2009 and was in process on November 27, 2009. If the worker's permit expired but the worker was still eligible to be renewed under normal department processes, then the renewal filed on or before November 27 will proceed as usual. The worker will get whatever period of time the employer applied and paid for (one year, two years, etc.)
Q: Is a worker allowed to transfer to a new employer if the worker has an umbrella permit?
A: Yes, under the department's normal processes.
Q: Is a worker allowed to transfer if the worker does not have an umbrella permit?
A: A worker without an umbrella permit can transfer if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can transfer and work until the worker's permit expires in June 2010. In addition, if the employer's application with respect to the worker was in process on November 27, the worker will be allowed to transfer for whatever period the employer applied and paid for.
Q: Is an employer allowed to employ a worker under a transfer if the worker does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer and there was a conditional grant of transfer on or before November 27, 2009. The worker will get whatever period of time the employer applied for (one year, two years, etc.)
Q: When will the department start issuing plastic cards again?
A: On December 15, 2009, after all of the records for the umbrella permit process have been put into the department's computer system.
Q: Where do IRs report for their annual registration now that the Immigration Division is gone?
A: Immediate relatives of U.S. citizens register with the Office of the Attorney General. Immediate relatives of aliens register with the Department of Labor.
Q: What about 240P permits and refugees?
A: The Attorney General handles those matters.
Q: Who revokes umbrella permits?
A: An umbrella permit issued by the Labor Department will be revoked, if necessary, by the Labor Department. An umbrella permit issued by the Commerce Department will be revoked, if necessary, by the Commerce Department. An umbrella permit issued by the Immigration Division will be revoked, if necessary, by the Office of the Attorney General, except for umbrella permits issued to immediate relatives of aliens, which will be handled by the Labor Department.
The department will follow the same process it uses for revoking any permit. The Director of Labor will petition the Hearing Office to revoke the permit. The Hearing Office will hold a hearing to determine whether the permit should be revoked. A Hearing Officer will issue an order either revoking the permit or leaving it in force. Thereafter, parties will have an opportunity to appeal to the Secretary, and a further judicial review in the Commonwealth Superior Court.
Q: What happens to workers whose appeals are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue an appeal. If the appeal is successful, then the umbrella permit remains in effect and the order will allow the worker to re-register and pursue a transfer. If the appeal is denied, then the order will deal with the umbrella permit.
Q: What happens to workers whose cases are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue a case. If the case is successful, then the umbrella permit remains in effect. If the hearing officer dismisses the claims or finds against the worker, the order will deal with the umbrella permit.
Q: What data will be issued about the umbrella permit program?
A: Data on the umbrella permit program will be available after the Department reconciles its digital records. The data will be available in the Department's year-end annual report to the Legislature.
Source: CNMI Department of Labor
Sunday, December 6, 2009
Local
Saturday, December 05, 2009
'Labor will assist overstayers who want to claim repatriation tickets'
By Ferdie de la Torre
Reporter
The Department of Labor will help overstaying alien workers who want to claim their repatriation tickets and voluntarily return to their countries, according to acting Labor Secretary Cinta Kaipat.
“Anyone who entered the Commonwealth as a 240K foreign worker is entitled to claim a repatriation ticket from his or her last employer of record,” Kaipat told Saipan Tribune yesterday.
She explained that a voluntary return means that the overstayer has a chance of re-entering the United States at some future time.
Kaipat also emphasized that deporting overstayers is now a federal function when the federalization law took effect on Nov. 28.
She said the U.S. Immigration and Customs Enforcement will deal with all deportations, according to federal laws and regulations.
“A deportation means that the overstayer will never be allowed to enter the United States in the future,” Kaipat added.
Attorney General Edward Buckingham recently issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Buckingham later backed off from this position when Kaipat objected, saying Labor was not consulted with the granting of conditional “umbrella permits” to overstayers.
Buckingham and Kaipat later issued a joint statement, saying that the Office of the Attorney General and Labor would not issue “umbrella permits” to overstayers as such is not an amnesty program.
Kaipat clarified that Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline.
Saturday, December 05, 2009
'Labor will assist overstayers who want to claim repatriation tickets'
By Ferdie de la Torre
Reporter
The Department of Labor will help overstaying alien workers who want to claim their repatriation tickets and voluntarily return to their countries, according to acting Labor Secretary Cinta Kaipat.
“Anyone who entered the Commonwealth as a 240K foreign worker is entitled to claim a repatriation ticket from his or her last employer of record,” Kaipat told Saipan Tribune yesterday.
She explained that a voluntary return means that the overstayer has a chance of re-entering the United States at some future time.
Kaipat also emphasized that deporting overstayers is now a federal function when the federalization law took effect on Nov. 28.
She said the U.S. Immigration and Customs Enforcement will deal with all deportations, according to federal laws and regulations.
“A deportation means that the overstayer will never be allowed to enter the United States in the future,” Kaipat added.
Attorney General Edward Buckingham recently issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Buckingham later backed off from this position when Kaipat objected, saying Labor was not consulted with the granting of conditional “umbrella permits” to overstayers.
Buckingham and Kaipat later issued a joint statement, saying that the Office of the Attorney General and Labor would not issue “umbrella permits” to overstayers as such is not an amnesty program.
Kaipat clarified that Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline.
Local
Friday, December 04, 2009
Labor never issued 'conditional umbrella permits'
By Ferdie de la Torre
Reporter
The Department of Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline, according to acting Labor Secretary Cinta Kaipat yesterday.
Kaipat also disclosed to Saipan Tribune that their current estimate is that more than 96 percent of eligible workers picked up their “umbrella permits.”
On the “conditional umbrella permits” issue, the acting Labor Secretary said they never issued such permits and that the announcement in the newspapers about the permits was only from Attorney General Edward Buckingham.
After the publication of that announcement, Kaipat said she and Buckingham issued a joint statement to clarify the situation.
“That statement is the current position of both agencies,” she stressed.
In the joint statement, the Office of the Attorney General and Labor stated they would not issue “umbrella permits” to overstayers as the permits are not part of an amnesty program.
Buckingham earlier issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Kaipat said yesterday that Labor is not issuing “umbrella permits” anymore as the deadline was midnight of Nov. 27, 2009, which was set by federal law.
Kaipat said Labor issued “umbrella permits” to every person who applied with Labor who was eligible either under Labor's normal processes or under the Governor's Protocol.
“We finished issuing the last permit at about 5:15pm on Friday, Nov. 27. We were always confident that we could finish the permit-issuing process within the available time, and we did that. I'm very proud of the way the Labor Department staff performed this very large and important task,” she said.
Kaipat said those who did not pick up their permits have already left the CNMI or are planning to leave soon and therefore did not need such permits.
“We will have more precise numbers when we reconcile all the digital records,” she added.
Labor started issuing “umbrella permits” last Oct. 26.
Friday, December 04, 2009
Labor never issued 'conditional umbrella permits'
By Ferdie de la Torre
Reporter
The Department of Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline, according to acting Labor Secretary Cinta Kaipat yesterday.
Kaipat also disclosed to Saipan Tribune that their current estimate is that more than 96 percent of eligible workers picked up their “umbrella permits.”
On the “conditional umbrella permits” issue, the acting Labor Secretary said they never issued such permits and that the announcement in the newspapers about the permits was only from Attorney General Edward Buckingham.
After the publication of that announcement, Kaipat said she and Buckingham issued a joint statement to clarify the situation.
“That statement is the current position of both agencies,” she stressed.
In the joint statement, the Office of the Attorney General and Labor stated they would not issue “umbrella permits” to overstayers as the permits are not part of an amnesty program.
Buckingham earlier issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Kaipat said yesterday that Labor is not issuing “umbrella permits” anymore as the deadline was midnight of Nov. 27, 2009, which was set by federal law.
Kaipat said Labor issued “umbrella permits” to every person who applied with Labor who was eligible either under Labor's normal processes or under the Governor's Protocol.
“We finished issuing the last permit at about 5:15pm on Friday, Nov. 27. We were always confident that we could finish the permit-issuing process within the available time, and we did that. I'm very proud of the way the Labor Department staff performed this very large and important task,” she said.
Kaipat said those who did not pick up their permits have already left the CNMI or are planning to leave soon and therefore did not need such permits.
“We will have more precise numbers when we reconcile all the digital records,” she added.
Labor started issuing “umbrella permits” last Oct. 26.
Sunday, November 29, 2009
Local
Monday, November 30, 2009
OAG, Labor: No 'umbrella permits' for overstayers
Kaipat says Labor not consulted on broad protection for overstayers
By Ferdie de la Torre
Reporter
The “umbrella permits” are not part of an amnesty program for overstayers and, as such, will not be issued to these out-of-status aliens, according to a joint statement issued Friday by the Office of the Attorney General and the Department of Labor.
The joint statement came shortly after acting Labor Secretary Cinta M. Kaipat expressed disappointment with Attorney General Edward Buckingham's decision to grant conditional “umbrella permits” to overstayers.
Kaipat and Buckingham explained that their joint statement would clarify the situation with respect to overstayers.
The two officials said the “umbrella permit” program implemented by Labor was never meant to be-and is not-an amnesty program.
Kaipat and Buckingham said overstayers were given the opportunity to legitimately return to the Department of Labor's guest worker program and their names were published in newspapers on more than one occasion, but they failed to rectify their status.
“They are excludable aliens on many counts. They do not meet the statutory requirements to be legitimately put back on the system,” Kaipat and Buckingham said.
As a result, they said, these overstayers remain excludable today and Labor and the OAG agree that no further processing of applications from this group of overstayers is appropriate.
They said the list of overstayers will be forwarded to federal immigration.
“No further review will be conducted by the Office of the Attorney General,” Kaipat and Buckingham said.
In a press release prior to the joint statement, Kaipat said Buckingham's decision to give broad protection to illegal overstayers was a complete surprise to Labor.
“The AG never discussed this plan with us and, so far as we know, he never discussed it with anyone on his interagency working group-not the Chamber of Commerce, the representatives of foreign workers, the Department of Commerce, Customs, or anyone else,” Kaipat said.
She said the AG formerly had legitimate interests in prosecuting illegal aliens, but as of Nov. 28, 2009, Saturday, those duties were to be taken over by the federal agency Immigration and Customs Enforcement.
“The AG certainly could use these applications from overstayers for law enforcement purposes. And all these records could be turned over to the federal law enforcement authorities so that illegal aliens could be deported,” Kaipat said.
She pointed out that there should be no general grant of permits to illegal aliens.
“We do not know what the Attorney General plans to do, but Labor will not grant any permission to work to any person that Labor has not approved for an umbrella permit,” she said.
Kaipat said only Labor has the legislative authority to allow aliens to work in the Commonwealth.
Kaipat said that, by making an informal agreement with the Division of Immigration, which is not in writing, Labor has not delegated any of its authority to the AG.
Labor is simply cooperating with another Commonwealth agency, she added.
“We will no longer be certifying overstayers to the Attorney General,” Kaipat said.
Buckingham on Thursday issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Labor started issuing “umbrella permits” on Oct. 26. Last Friday was the supposed to be the last day of issuing the permits. As of Friday at 8:30pm, Labor stopped entertaining less than 10 alien workers, mostly Chinese, who requested for “umbrella permits.”
Monday, November 30, 2009
OAG, Labor: No 'umbrella permits' for overstayers
Kaipat says Labor not consulted on broad protection for overstayers
By Ferdie de la Torre
Reporter
The “umbrella permits” are not part of an amnesty program for overstayers and, as such, will not be issued to these out-of-status aliens, according to a joint statement issued Friday by the Office of the Attorney General and the Department of Labor.
The joint statement came shortly after acting Labor Secretary Cinta M. Kaipat expressed disappointment with Attorney General Edward Buckingham's decision to grant conditional “umbrella permits” to overstayers.
Kaipat and Buckingham explained that their joint statement would clarify the situation with respect to overstayers.
The two officials said the “umbrella permit” program implemented by Labor was never meant to be-and is not-an amnesty program.
Kaipat and Buckingham said overstayers were given the opportunity to legitimately return to the Department of Labor's guest worker program and their names were published in newspapers on more than one occasion, but they failed to rectify their status.
“They are excludable aliens on many counts. They do not meet the statutory requirements to be legitimately put back on the system,” Kaipat and Buckingham said.
As a result, they said, these overstayers remain excludable today and Labor and the OAG agree that no further processing of applications from this group of overstayers is appropriate.
They said the list of overstayers will be forwarded to federal immigration.
“No further review will be conducted by the Office of the Attorney General,” Kaipat and Buckingham said.
In a press release prior to the joint statement, Kaipat said Buckingham's decision to give broad protection to illegal overstayers was a complete surprise to Labor.
“The AG never discussed this plan with us and, so far as we know, he never discussed it with anyone on his interagency working group-not the Chamber of Commerce, the representatives of foreign workers, the Department of Commerce, Customs, or anyone else,” Kaipat said.
She said the AG formerly had legitimate interests in prosecuting illegal aliens, but as of Nov. 28, 2009, Saturday, those duties were to be taken over by the federal agency Immigration and Customs Enforcement.
“The AG certainly could use these applications from overstayers for law enforcement purposes. And all these records could be turned over to the federal law enforcement authorities so that illegal aliens could be deported,” Kaipat said.
She pointed out that there should be no general grant of permits to illegal aliens.
“We do not know what the Attorney General plans to do, but Labor will not grant any permission to work to any person that Labor has not approved for an umbrella permit,” she said.
Kaipat said only Labor has the legislative authority to allow aliens to work in the Commonwealth.
Kaipat said that, by making an informal agreement with the Division of Immigration, which is not in writing, Labor has not delegated any of its authority to the AG.
Labor is simply cooperating with another Commonwealth agency, she added.
“We will no longer be certifying overstayers to the Attorney General,” Kaipat said.
Buckingham on Thursday issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Labor started issuing “umbrella permits” on Oct. 26. Last Friday was the supposed to be the last day of issuing the permits. As of Friday at 8:30pm, Labor stopped entertaining less than 10 alien workers, mostly Chinese, who requested for “umbrella permits.”
Thursday, November 26, 2009
628 'overstayers' get conditional umbrella permits
Local
Thursday, November 26, 2009
By Ferdie de la Torre
Reporter
Attorney General Edward T. Buckingham has granted conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
As this developed, two long lines of people seeking “umbrella permits” were seen at the Department of Labor yesterday-four days before the federalization transition date takes effect on Saturday, Nov. 28.
In a public notice issued today, Thursday, Buckingham said that certain conditions apply in the case of the 628 individuals who were classified as “overstayers.”
Should any of these individuals fail to comply with each and every condition, the conditional umbrella permit shall be null and void, he said.
The AG said each conditional “umbrella permit” is subject to renewal and that members of the AG Investigative Unit will be reviewing the renewals.
Aliens classified as “overstayers” and those having pending Labor cases trooped to Labor yesterday as early as 6am. As of 12pm, many of the “early birds” were still near the entrance of the former Halinas Kitchen where Labor and Immigration were processing the “umbrella permits.”
The other separate line was for persons having Immediate Relative status or pending IR status. Some of those with IR status said they fell in line on Tuesday, but were instructed to return yesterday.
In a statement issued Tuesday, Labor Deputy Secretary Cinta Kaipat stated that over 90 percent of those qualified to obtain the “umbrella permits” have already obtained their permits.
The federalization law states that any Commonwealth-issued permit that is in existence on Nov. 27, 2009, will be honored for two years after the law's transition date. The transition date is currently set for Nov. 28, 2009.
Labor began the distribution of “umbrella permits” last Oct. 26.
Thursday, November 26, 2009
By Ferdie de la Torre
Reporter
Attorney General Edward T. Buckingham has granted conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
As this developed, two long lines of people seeking “umbrella permits” were seen at the Department of Labor yesterday-four days before the federalization transition date takes effect on Saturday, Nov. 28.
In a public notice issued today, Thursday, Buckingham said that certain conditions apply in the case of the 628 individuals who were classified as “overstayers.”
Should any of these individuals fail to comply with each and every condition, the conditional umbrella permit shall be null and void, he said.
The AG said each conditional “umbrella permit” is subject to renewal and that members of the AG Investigative Unit will be reviewing the renewals.
Aliens classified as “overstayers” and those having pending Labor cases trooped to Labor yesterday as early as 6am. As of 12pm, many of the “early birds” were still near the entrance of the former Halinas Kitchen where Labor and Immigration were processing the “umbrella permits.”
The other separate line was for persons having Immediate Relative status or pending IR status. Some of those with IR status said they fell in line on Tuesday, but were instructed to return yesterday.
In a statement issued Tuesday, Labor Deputy Secretary Cinta Kaipat stated that over 90 percent of those qualified to obtain the “umbrella permits” have already obtained their permits.
The federalization law states that any Commonwealth-issued permit that is in existence on Nov. 27, 2009, will be honored for two years after the law's transition date. The transition date is currently set for Nov. 28, 2009.
Labor began the distribution of “umbrella permits” last Oct. 26.
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