Gov. Benigno R. Fitial’s special legal counsel, Howard P. Willens, said the injunctive relief is the third count in the CNMI’s complaint that was first filed on Sept. 12, 2008 at the U.S. District Court for the District of Columbia.
The first count sought a permanent injunction on the statute federalizing the islands’ immigration system — U.S. Public Law 110-229 or the Consolidated Natural Resources Act of 2008 — on grounds that it violates the CNMI’s Covenant with the United States.
The second count sought for a preliminary injunction on grounds that the statute violates the Constitution.
The trial for this amended complaint was concluded in March and Federal Judge Paul Friedman placed the case under advisement.
Willens said the emergency injunctive relief is basically asking the federal court to set a hearing schedule so that the parties can argue on the merits of the transitional worker program regulations.
The regulations were adopted on an interim final basis which means they will have to be implemented on Nov. 28 when U.S. immigration law is applied to the islands.
Willens said DHS did not follow the U.S. Administrative Procedure Act because no ample time was given to the CNMI to make comments on the regulations.
He said because the injunctive relief does not require a full trial and the federalization law’s implementation date is fast approaching, they expect the federal court to set an expedited hearing schedule.
If the court declares the regulations null and void, Willens said DHS will likely start all over again, but this time complying with the Administrative Procedure Act.
The review and comment period, currently set at 30 days, will also be expanded.
