The Fitial administration came up with the umbrella permit idea to protect the islands’ foreign workforce.
Based on its interpretation, very few foreign workers will qualify for the U.S.-based employment programs under the federal immigration law that takes effect here on Nov. 28.
The governor has sued the U.S. government over the federalization law.
Deanne Siemer, part-time hearing officer of the Department of Labor, said the AG’s delegation of authority is a formality devised to speed-up the process of issuing umbrella permits to all concerned despite the government’s limited manpower to undertake the task.
“The umbrella permit process is nearly completed. Almost all of the permits have been issued, and all permits are based on full legal authority. The federal agencies have confirmed that they will honor all Labor Department and Commerce Department umbrella permits,” she said in an e-mail.
Saipan Independent Rep. Tina Sablan, for her part, lauded Buckingham, the Attorney General’s Office and the Office of the Federal Ombudsman “for reviewing the legal issues and questions regarding the umbrella permit program.”
Sablan said the delegation of authority will satisfy the common and pressing questions asked on whether Labor can issue umbrella permits to foreigners in the CNMI instead of the Division of Immigration.
She said the delegation of authority clearly recognized the legitimacy of the umbrella permits.
According to Sablan, Federal Ombudsman Pam Brown has advised that no worker should go to the Department of Labor for umbrella permits without a copy of Buckingham’s delegation attached.
The ombudsman’s office will be open this weekend to assist workers.
Filipino and Sri Lankan speakers may call 322-8034 or 322-8038 and ask for Cris or Glen.
Mandarin, Cantonese, or Bangladeshi speakers may call 322-8033 or 322-8037 and ask for Li or Ripon.
DHS, the leading federal agency that will administer the new CNMI immigration system, is detailing at least 53 personnel from the U.S. mainland to the islands and most will be assigned on Saipan.
DHS is also scheduled to hold a series of public forums with the local community, particularly foreign workers and their employers, starting on Dec. 4.
Buckingham said the local immigration director is authorized to issue and revoke two-year permit extensions to foreigners with valid 240(B) to (F) permits.
Likewise, the immigration director can issue and revoke a two-year permit to any alien who has overstayed in the CNMI, but on a case-by-case basis for humanitarian reasons.
Factors for consideration include the duration of residency in the CNMI, the existence of U.S. citizen dependents and the duration of out of status period.
Authorities believe there could still be hundreds of overstaying aliens in the commonwealth.
Most of them survive doing jobs in the underground economy as domestic helpers, farmers or fishermen.
The Superior Court earlier ordered persons with pending labor cases to secure umbrella permits so they could stay in the commonwealth despite changes on its immigration system.
Commerce Secretary Michael Ada or his designee is also authorized to issue and revoke two-year extensions to a foreign student who holds a valid 240(H) student entry permit; a long-term business permit holder; a retiree with a valid 240(O) permit, and; a foreign investor with a valid 240(G) permit.
