But a permit can be revoked by federal authorities if a nonresident is convicted of a felony or a crime involving moral turpitude.
DHS released a lengthy statement in Q&A form regarding CNRA’s impact on the status of documented foreign workers in the CNMI following the federalization of its immigration system on Nov. 28, 2009.
According to DHS, the employment between an alien and an employer is now between them subject to their contractual agreement.
The Fitial administration, however, disagreed and enacted Public Law 17-1 or the Omnibus Immigration Conformity Act of 2010.
This law requires DOL sanction for the transfer of employment between an alien worker and his or her employer.
All documented aliens on the islands must also register with DOL. Employers, too, would have to observe a floating or flexible benchmark in hiring foreign workers instead of having just 20 to 30 percent of their workforce as locals.
Babauta said different federal agencies have conducted public forums around the islands during recent weeks to educate the public about the interpretation of the U.S. government on the labor situation in the CNMI, particularly the legal benefits of the umbrella permits.
“In the past few weeks, there had been opportunities in several public forums for the interpretation or the position of the federal government to be made known with respect to nonresident workers and their status and their ability to work. And in turn, the CNMI government has also put out similar questions and answers. And the Legislature passed legislation and the governor signed it into law,” he said.
“I think the message that Pam Brown and the Department of the Interior, via Pam Brown, because she’s our ombudsman and also the Department of Homeland Security presentations made by David Gulick, are very clear about what the federal position is and who has authority,” he added.
But according to Attorney General Edward T. Buckingham, the CNRA does not preempt the commonwealth from administering and revoking the commonwealth immigration status of aliens lawfully present in the commonwealth on Nov. 28, 2009.
“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,” the AG said in his legal opinion.
“The CNRA does not expressly or impliedly preempt the commonwealth from administering and revoking aliens’ commonwealth immigration status during the CNRA’s two-year transition period. Therefore, the commonwealth may administer and if appropriate, revoke the commonwealth immigration status of aliens lawfully present in the Commonwealth on Nov. 28, 2009 during the CNRA’s two-year transition period,” he added.
The governor challenged the federalization law in a U.S. court in Washington, D.C., but it was dismissed.
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