The stated purpose of the CNRA is to ensure effective border control procedures, to properly address national security and homeland security concerns by extending U.S. immigration law to the CNMI. Foreign workers in the CNMI did not cross the border illegally, therefore, all legal and documented foreign workers were processed and approved by the CNMI Local immigrations laws and has been gainfully employed upon entry into the US soil. The CNRA intentions in phasing-out the CNMI’s nonresident contract worker program is to minimize to the greatest extent practicable the potential adverse economic and fiscal effects of that phase-out, and to maximize the CNMI’s potential for future economic and business growth, and to assure worker protections from the potential abuse and exploitation. Sec. 701 of the Consolidated Natural Resources (CNRA), 48 U.S.C.A. 1806.
Today because of the final regulation’s very limited time (less than 60 days) frame of its intended implementation date and the accorded fees in filing petition, businesses suffer financial burden and capability. Some establishments are closing down due to lack of resources, or employers are streamlining the number of their employees because they cannot afford to pay petitions fees at one time within the very limited time in filing petitions, does the final regulations is in violation of the intent of PL 110-229 that tends to protect adverse economic effects.
The lawsuit that was filed by seven individuals seeks to the Honorable Judge of the U.S. District Court for the Northern Mariana Islands to declare the final regulations unconstitutional that deprived foreign workers due process and equal protection clause of the U.S. Constitution and other laws. Final regulations will damaged foreign workers likelihood of success, it will also create irreparable injury like; inflating or deflating advertised job vacancy announcement, professional foreign workers being degraded of their true qualification, profession, ability and skills just to make sure that financial capability of the employer is enough to pay for the petition fees. It will also reduce the capability of foreign workers in balancing their hardship due to mental depression brought in by the final regulations in an inevitable worldwide economic slowdown.
Secondly, the purpose in filing lawsuit filed to the U.S. District Court of the Northern Marianas that is scheduled for hearing on November 22, 2011 is for the Court to issue an Injunction Relief in relation to the final regulations implementation. Why?
The seven individuals who filed the lawsuit is requesting the Honorable Judge to grant some kind of relief like EXTENDING the implementation of the final regulations for one year or up to 18 months to enable foreign workers to find job. For the Court to suspend the implementation of the final regulations, so that it will leave its DOOR OPEN even after November 27, 2011 and so that foreign workers who can find employer after November 27, 2011 can still file CW or H Visa petition. To give foreign workers a breathing space, to avoid mental anguish and depressions due to very limited time of the final date allowed by final regulations, to give chance to all employers who in one way or another can find a new contract or expand their business even after November 27, 2011 so they can still file petition for their prospected nonresident employee if no U.S. workers available for the type of job opening for any status that would fit them even after November 27, 2011.
And finally, the final regulations calendar date if implemented will CLOSE ITS DOOR for CW or H Visa applicants after November 27, 2011 and for those who will be out of status will start to accumulate their days as illegal and or as deportable aliens. While it is true that due process of the law is applicable prior to deportation order, hiring a lawyers to defend you in your deportation cases in court is time consuming and expensive. Foreign workers must JOIN the petitioner’s lawsuit facts, allegations and prayer if they wanted not to be out of status because the intention of the lawsuit is to stop or extend the final date of implementation of the final regulations. Support the lawsuit or be out of status, which do you prepare, stand up and support the seven individuals who file the lawsuit or wait for the final regulations date of implementation to close the door and seek immigration lawyers to come to the island and defend you from being a deportable alien. The lawsuit was filed to prevent all foreign workers to be out of status if the Honorable Judge of the District Court for the NMI upholds plaintiff’s facts, allegations, and prayers.
To all foreign workers, this is the time for us to come out in the open and support the lawsuit. We might have differences in belief, in status and or in approach in dealing with the issue, but our common goal is for us to stay in the island with legal status. The lawsuit covers all foreign workers specially those without employer for now, and especially those who have no U.S. citizen children, foreign workers who are within the four groups of people covered by HB 1466, who know within Plaintiff’s extension request if granted, HB-1466 might pass between now and for the next months, the lawsuit purpose if granted will protect you from being out of status and from leaving the island you called home.
CARLITO J. MARQUEZ
Puerto Rico, Saipan
