From the very year 2004 up to the present, foreign workers are calling for improved immigration status and/or permanent residence status from an act of U.S. Congress. On December 7, 2007, thousand of foreign workers participated in the very first ever “Unity March” in the history of the CNMI against the implementation of P.L. 15-108 and seeking for the retention of grandfathering of long–term foreign workers in the CNMI, a provisions under H.R. 3079, that was scrapped-out prior to its introduction to U.S. Congress, still foreign workers stands firmed and consistent in lobbying for improve immigration status.
On May 8, 2008, President Bush signed into law the Consolidated Natural Resources Act of 2008 or P.L. 110-229. Title VII of the CNRA extends U.S. immigration laws to the CNMI. One of the intent of Congress in passing this legislation Title VII of the CNRA includes provisions to phase-out the CNMI’s nonresident contract worker program and phase in the U.S. federal immigration system in a manner that minimizes adverse economic and fiscal effects and maximizes the CNMI’s potential for future economic and business growth. Congress also intends to provide the CNMI with as much flexibility as possible to maintain existing businesses and other revenue sources and develop new economic opportunities.
That intent of U.S. Congress written above is otherwise false because the final regulations created more adverse economic effects due to unsecured immigration status of foreign workers who may or may not qualify for any status. Businesses are now scaling down their employees and are now about to discharge some due to strict CW regulations and requirements. Because of that, foreign workers remained standing firmed and consistent for Congress to act on the DOI and CNMI recommendations the way Congress acted on CNRA 2008.
The guaranteed rights under the United States Constitution freedom of speech, and Article I, Section 2 of the CNMI Constitution, prompted foreign workers to get together and exercise their right to peaceful rallies, march, and picket and/or protest shouting and holdings placards for the improve immigration status. Those voices were not given a chance under the final regulations. Where is the flexibility to maintain existing businesses and other revenue sources and develop new economic opportunities if the final regulations driving away investors because no investor will survive if no manpower available to do the job done. Manpower services will emerge and will hire potential labor for a cheap salary. Poor foreign workers will grab the opportunity in seeking for employment thru manpower agencies only to secure CW status. This is an indirect form of discrimination and human trafficking among foreign workers with no other choice will opt to accept cut- salaries via agencies for them to stay to take care of their U.S. citizen children. Because of this reason, foreign workers stand firmed and consistent for having a permanent residence status to be included in the final regulations.
P.L. 110-229 contains provision requiring the Department of the Interior Secretary to consult with Homeland Security and the CNMI Governor two years after the bill’s enactment and report to Congress on the status of nonresident worker population in the CNMI, including recommendations on whether Congress should consider permitting legal aliens to apply for long-term immigration status. But these provisions under P.L. 110-229 have not been considered in the final regulations, sad to say.
On Sept. 7, 2011, the U.S. Department of Homeland Security released the CNMI 149-page pre-publication version of the much-awaited final rule governing foreign workers in the CNMI. The long wait is over; a few days after the release of the final regulations, there were a lot of questions that blooms like a mushroom. Similar to a Mushroom is an umbrella, an umbrella that has limitations of existence. Mushroom, existence are very limited depending on the humidity of the place where it grows, foreign workers too who may not qualify for CW, the days in the CNMI are also numbered and limited because of USCIS CW regulations humility.
While it is true that “it’s not the end of the world, it maybe the end of the family that stays together, prays together, and live together may ends and will no longer be happy together, pray together and live together because one or two of the family members will soon begged goodbye leaving the island back home to their country of origin due to adverse affect of the USCIS CW Regulations 2011.
The United States Department of the Interior filed 5 recommendations for foreign workers statuses, the CNMI Senate recommended the FAS like status for all foreign workers and Congressman Kilili Camacho Sablan’s Bill 1466 to give CNMI only status to four groups of foreign workers were all forwarded to Congress but none of those favorable recommendations were considered in the much awaited final rule governing foreign workers in the CNMI. Those submissions, recommendations and consultations were all fruitless under the 8 CFR Parts 103, 214, 274)(a) regulations.
Deportation and possible rejection of applications due to incomplete requirements or other related documents as needed for processing of CW applications, H or L type of status application and other travel restrictions such as CW Visa, the loss of status of immediate relatives of U.S. and Freely Associated States citizens are among the unexpected predicament after Nov. 27, 2011. Employers too have difficulty in deciding whether to petition their foreign workers for H, L, or CW status due to business economic slowdown. Employers may opt to hire US Citizens for fewer expense thus leaving poor foreign workers roaming around the island jobless. From the early dates of the issuance of umbrella permit, the atmosphere and signed of relief was overwhelming among foreign workers and business community only to find out on Nov. 27, 2011 that it is an immigration hold-up. Foreign workers were trapped in the island by the umbrella permit. Optimistic on the possibility of granting improve immigration status, foreign workers remained firm and consistent in seeking to the Congress to consider the CNMI Senate, DOI, and Congressman Sablan recommendations..
Employers can only petition for a CW worker if they have already considered all available U.S. workers for the position, this rule is no different to the local labor laws. These CW Regulations will also restrict foreign nationals in leaving the island for a short period of time because workers with CW status will have to secure a CW visa from a U.S. Embassy or Consulate from their country of origin, to be able to re-enter the CNMI, this is another form of indirect rejection of your privilege to travel back to CNMI because of 50/50 chances in securing CW Visa from the Embassy or Consulate of their country of origin. It is also another indirect form of removal proceedings of foreign nationals from the CNMI. There’s no guarantee that even if a worker has been granted a CW status, he will also get a CW visa. USCIS must issue a CW Visa or other document similar to advance parole before a foreign national leave the island for short period of time like vacation and medication purposes.
The USCIS official reiterated that there won’t be any mass deportation but foreign workers who do not have jobs or who do not have employers by Nov. 27, 2011, could face deportation, how? Who is in-charge for the airfare? USCIS should include in the final regulations the mechanics on how they will deport or eliminate foreign nationals without CW status so that poor foreign workers can start packing their personal belongings beginning Oct. 7, 2011 at the same time that employers are processing CW’s of their chosen employee. USCIS must also consider in the deportation proceedings the uncollected monetary obligation of the host island in any form like uncollected tax refunds, labor case of unpaid wages and salaries and all types claims that is under litigation of a foreign workers that subject for deportation because of being out of status. Our countries love and welcome us just like in the case of foreign workers in Middle East countries that are at war. Our government rescues our countrymen and women back home, but CNMI has different story to tell. CNMI is part of the country that embraces legal and/or illegal immigrant for as long as they are law abiding citizens as a nation of immigrants. The dream of living in the land of opportunity will remain “A Dream.”
CARLITO J. MARQUEZ
Puerto Rico, Saipan
