There’s due process in the deportation process, said Lewis, a New York-based industrialist, philanthropist, civic leader, motivational speaker, author, and lawyer. She was an attorney for the Immigration and Naturalization Services from 1979 to 1990.
“All those who will [lose status after Nov. 27] will receive a letter from Immigration…which is an order to show-cause why you should not be deported,” she said in a phone interview with Saipan reporters yesterday that was broadcast on KWAW.
She said nonresidents, even those without status, are all entitled in a hearing in court because they are protected by the U.S. Constitution.
She also disclosed that she has asked the Department of Homeland Security Secretary Janet Napolitano to grant nonresidents in the CNMI with deferred status so they will continue to have legal status after Nov. 27.
According to Lewis, federal officials who are urging unemployed nonresidents to leave CNMI just want to avoid voluminous work, adding that the deportation process involves lengthy legal proceedings which require funds, time and workforce.
When nonresidents without status receive a letter from U.S. Immigration, they should reply and ask for an extension, she added.
She said an alien worker could ask for an extension to stay in the CNMI.
She also reminded nonresidents that the Morton memorandum applies to the CNMI, and it instructs U.S. Immigration and Customs Enforcement on the use of prosecutorial discretion in immigration matters. Prosecutorial discretion refers to the agency’s authority to not enforce immigration laws against certain individuals and groups.
The memo calls on ICE attorneys and employees to refrain from pursuing noncitizens with close family, educational, military, or other ties in the U.S. and instead spend the agency’s limited resources on persons who pose a serious threat to public safety or national security.
Lewis said while deportation cases are being heard in the immigration court, President Obama might be reelected next year and grant amnesty to illegal aliens.
Lewis is a member of the Filipino American Legal Assistance and Education Fund which helps people facing deportation proceedings.
She said jobless nonresidents have a good chance of getting parole if they have “equities” to present:
• if they have a relative who is a U.S. citizen which may be a brother, sister, mother, father, children or spouse;
• if you have legally worked at least more than 10 years in the CNMI;
• if you have not committed any crime;
• if you have not asked for any dole-out or welfare from the government, including food stamps;
• if somebody is willing to provide an affidavit of support attesting their assistance.
Lewis said it would be “harder” for long-term nonresidents who have no U.S. relatives or children.
But it would be a great favor if a relative is a U.S. servicemember, she added.
“Your case is strong if you’ve been a good [member of the community] and did not seek welfare,” she said.
“If you receive food stamps, Immigration will allow no prosecutorial discretion. Why? Because they don’t want foreigners getting benefits that are for the U.S. citizens only,” she said.
Lewis said she recommended two lawyers from the Filipino American Legal Assistance and Education Fund who can assist nonresidents in the CNMI.
But she reminded them that “legal representation is not free.”
She said the Department of Foreign Affairs may be asked to provide funding assistance.
She noted that the department recently extended legal assistance to prevent 200 Filipino teachers in New Jersey from possible deportation.
She urged nonresidents in the CNMI to submit their request to the department.
In a separate interview, Philippine Consul General Medardo Macaraig said the department will have to evaluate any request for funding assistance.
Lewis at the same time said their group supports Congressman Gregorio Kilili Camacho Sablan’s H.R. 1466 which will grant CNMI-only status to certain nonresidents here.
She said their group, US Pinoys for Good Governance, whose members are U.S. voters, will approach their U.S. congressmen and senators and urge them to support Sablan’s bill.
In a letter, Lewis told Napolitano that nonresidents “can still be a major part of the workforce in the CNMI.”
Lewis said nonresident workers “have contributed much to the economic life and culture of the CNMI.”
She added, “The new federal regulation will have drastic affects if strictly enforced.”
The regulations, she said, were released on Sept. 27 or just two months before the Nov. 27 deadline.
She told Napolitano that “there is no point in immediately removing or deporting…alien workers who used to be the backbone of the CNMI economy.”
