The new law contradicts the federal government’s statement that documented foreign nationals, including those with umbrella permits, are entitled to unrestricted employment privileges through Nov. 27, 2011.
According to the new law, “Any alien who knowingly fails to comply…shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for not more than 90 days, or fine of not more than $500, or both.”
Labor said it will soon publish the regulations, including the new floating or flexible benchmark on the percentage of foreign workers that private companies should hire.
“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 to the full extent that this area could be regulated by a state and can be regulated under the Covenant,” the new law stated.
It asserts that the umbrella permits issued to all documented foreign nationals continue to be governed under the department’s normal processes.
The U.S. Department of Homeland Security and the U.S. Department of the Interior’s office of the federal labor ombudsman said umbrella permit holders wishing to transfer to a different employer do not need the consent of CNMI Labor.
DHS said it is the sole authority that can remove or deport aliens from the CNMI.
Foreign nationals whose umbrella permits are revoked by Labor will not be deported unless convicted of a crime or crimes.
Speaker Froilan C. Tenorio, Covenant-Saipan, they passed the bill “because the administration requested it.”
He added, “It does not hurt to pass this bill. The feds would let us know if it’s inconsistent with U.S. law.”
Senate Floor Leader Pete P. Reyes, R-Saipan, said the new law simply clarifies that Labor still has an important role to play in regulating foreign nationals despite the islands’ federalized immigration system.
“First, we want to make sure that no one walks out of their employers,” he said.
The new law will allow the local government to control the presence of foreign nationals on the islands, he added.
CNMI immigration is now under federal control.
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