U.S. District Court for the District of Columbia Judge Paul Friedman enjoined DHS on Nov. 25 from implementing the regulations on Nov. 28, citing technical violations of the APA.
Although Friedman granted the CNMI’s motion on injunctive relief regarding the transitional worker program regulations, he dismissed its separate motions for permanent and preliminary injunctions aimed at stopping the U.S. from federalizing the islands’ immigration system.
Thus, on Nov. 28 the U.S. Immigration and Nationality Act was applied to the CNMI as mandated by U.S Public Law 110-229 or the Consolidated Natural Resources Act of 2008.
That law requires DHS to administer the islands border security and immigration system.
Three components of DHS established offices on the islands to carry out these mandates — the U.S. Citizenship and Immigration Services, the Immigration and Customs Enforcement and the Customs and Border Protection.
Alejandro N. Mayorkas, director of USCIS, said the comment period for the regulations will be extended through Jan. 7, 2010 following the re-publication.
“Although not required to do so under the court’s order, USCIS is providing an additional opportunity for the public to comment on its proposed transitional worker classification provisions set forth in the interim rule,” he said in the DHS notice of republication.
“USCIS, therefore, is reopening the public comment period for an additional 30 days. USCIS also is extending the original comment period until 30 days from the date of publication in the Federal Register and will consider comments received throughout the entirety of the public comment period in development of its final transitional worker classification rule,” he added.
The regulations create a new federal classification for CNMI foreign workers — the CW-1 status.
This will allow guest workers not otherwise eligible for any other lawful status under the INA to enter or remain in the CNMI as a transitional worker during the transition period, which began on Nov. 28, 2009 and ends on Dec. 31, 2014.
