ENDLESSLY arguing over public policies (or politics) will eventually sound like this:
“1 + 1 is 2!”
“What about 1+2? That’s not 2!”
And so it goes, back and forth, about different things, and not the supposed subject at hand.
Today, the issue before the CNMI government and its major source for local revenue, the private sector, is the CW touchback rule, specifically the “30-day” exit that, in reality, can stretch up to seven months.
With specific, updated information readily available 24/7, you can prepare for a typhoon. But not for the touchback rule as implemented by DHS/USCIS. It is, among other things, marred by uncertainty.
Not surprisingly, the CNMI government and the local private sector expressed concern about the rule five years ago when the CW legislation was still in the U.S. Congress. Since then, the CNMI government and business leaders have repeatedly reminded federal authorities about the dire consequences to the struggling local economy of an “unclear timing” of the touchback.
In June 2020, the main sponsors of the bipartisan CW measure submitted an explanation of their intent: touchback could occur at any time before submission of an application for a fourth year, “to fit the touchback period into the business cycle in a manner that best meets their human resource needs.” The U.S. lawmakers also noted that the law required DHS to issue regulations by January 2019, “but the Department missed that deadline.” The regs were announced in May 2020.
In early 2020, then-Lt. Gov. Arnold I. Palacios testified before the U.S. House Natural Resources Committee and told them that at “this time of severe financial difficulties, a dramatic reduction in the size of the labor force [because of touchback] will compound our mounting challenges into a potential collapse of our economy.”
As governor, he again appeared before U.S. lawmakers in February and August 2023 to inform them that as a result of touchback, “a large proportion of workers will be required to depart all at the same time without a clear timeline for their return….” My italics.
The CNMI is hoping for a repeal of the touchback provision, but given the political realities in the nation’s capital, Congressman Kilili introduced legislation to delay touchback for three years only.
No one among the CNMI’s government officials and business community leaders are arguing against the intent of the federalization law or even of the touchback provision. No one among them is publicly complaining about the ham-fisted imposition of an immigration system that U.S. politicians of both parties have described as “dysfunctional” or “broken beyond repair.”
Instead, what CNMI officials and local businesses are seeking is flexibility in complying with rules imposed by faraway bureaucrats who will pay no price for being wrong.
A three-year delay of touchback should help CNMI businesses prepare for the uncertainty of touchback. (For example, by hiring new CWs, outsourcing or switching to automation if possible.)
Since federalization took effect, many employers who can have applied for other U.S. work visas for their eligible employees. Applying, however, doesn’t necessarily result in approval. Many local businesses, especially small ones, need more time to transition to the other U.S. work visas for their eligible workers, which is why the current CW law will be in effect until 2029. The CW law also requires a gradual annual reduction in the number of CWs. Under the law, moreover, employers “will only be able to apply for a permit for a foreign worker if the U.S. Department of Labor certifies that no U.S. worker is willing, able, and available to fill the job. Employers will be prevented from paying below-average wages to foreign workers and they will have to report to U.S. Labor regularly to show that terms and conditions of employment are being met.” My italics.
Again, no one is rehashing the old debates about federalization. No one is asking for more CWs. No one is asking for what isn’t in the law. What the CNMI is asking for is precisely what is in the law as its authors have clearly stated: “fit the touchback period into the business cycle in a manner that best meets their human resource needs.”
To quote the 2008 federalization law:
“(b) AVOIDING ADVERSE EFFECTS.—In recognition of the Commonwealth’s unique economic circumstances, history, and geographical location, it is the intent of the Congress that the Commonwealth be given as much flexibility as possible in maintaining existing businesses and other revenue sources, and developing new economic opportunities, consistent with the mandates of this subtitle. This subtitle, and the amendments made by this subtitle, should be implemented wherever possible to expand tourism and economic development in the Commonwealth, including aiding prospective tourists in gaining access to the Commonwealth’s memorials, beaches, parks, dive sites, and other points of interest.”
No more, no less.
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