In the motion for continuance, the U.S. government counsel opposes the preliminary injunction, and the Honorable Judge of the Northern Mariana Islands District Court allowed petitioners to file Plaintiffs Brief and respondents to file respondents brief too. This is a welcome move from Honorable Judge to give petitioners and dependants ample time to cite specific violation and defenses of the Administrative Procedure Act done by the drafters of the final regulations that is scheduled for implementation come November 27, 2011.
Plaintiff’s perspective in filing complaint to the U.S. District Court of the Northern Marianas is for the Court to make declaratory judgment in relation to the final regulations and/or for the Court to issue an Injunction Relief because Plaintiff find it is contrary to the orderly phasing-out of the nonresident contract worker program as what the PL 110-229 intends to. The simultaneous filing of 1-129CW from October 7 to November 27, 2011 will face the same fate and consequences after one year in so on and so forth if the final regulations will close its doors on November 28, 2011. Simultaneously, all CW holders will be out of status after 2 years, the exodus of foreign workers leaving the island is about to happen if no actions is to be made at this very moment and time.
Plaintiff is requesting the Honorable Judge to issue injunctive relief by extending the implementation of the final regulations for one year or up to 18 months to enable foreign workers to find jobs. For the Court to suspend the implementation of the final regulations, to leave its DOORS OPEN even after November 27, 2011 so that foreign workers who can find employer after the deadline can still file CW or H Visa petition and to give a 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 that they can still file petition for their prospected nonresident employee if no US workers available for the type of job opening for any status that would fit them even after November 27, 2011.
The final regulations will close its door for CW or H Visa applicant 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, the same is true, the law must prevail. Prevention is better than cure, prevention to be out of status is Plaintiff’s goal while cure is for the experts immigration lawyer’s job after the November 27, 2011 final date when a foreign national became out of status due to wrong belief.
To all foreign workers, this is the time for us to unite. We might have differences in belief, in status and or in approach in dealing with the issue, the common thing is that we are all affected. The lawsuit covers all foreign workers specially those without employer for now, especially those who have no U.S. Citizens and for those who are within the four groups of people covered by HB 1466, who knows within Plaintiff’s extension request, 1466 might pass between now and for the next months or two, the lawsuit goal if granted will protect you from leaving the island you called home.
Calling the entire silent majority, we know you are fully aware, your eye is wide open, do not pretend that you are not affected from now and after November 27. Please extend your helping hand to the Plaintiff actions in any way you can because your help and participation is very much welcome. If in one year or 18 months if granted extension foreign workers could not find employer, that days is enough for us to pack-up our things and bid goodbye to the island we called home, just don’t look back instead look straight forward after all we did what we should.
CARLITO J. MARQUEZ
Puerto Rico, Saipan
