“They want to continue to fill their coffers on the backs of the foreign contract workers, their families and other foreign nationals,” the former Rota teacher said.
Through P.L. 17-1, she said the CNMI government takes immigration duties, functions and authority and re-labels them in an attempt to say that they are now labor duties, functions and authority.
“They are crossing out ‘entry permit’ (immigration function) and replacing it with ‘foreign national identification card’ (immigration function),” she added.
She said mere word changes do not change intent, function, duty or authority.
“It’s like taking an orange peel and wrapping it around an apple and declaring that the apple is now an orange. It’s still an apple, and the immigration functions remain immigration functions even though they are re-labeled as labor functions. No one is fooled,” she added.
Since Nov. 28, 2009, Doromal said, the federal government has had authority over CNMI immigration and the foreign national workforce, not the commonwealth government or its Department of Labor.
She said there is no other local or state government in the U.S. that requires foreign nationals to have an identification card, adding that these powers fall under federal law.
“The provision for national IDs is both outrageous and demeaning. It shows a great disrespect for the foreign nationals. The punishment of jail time and a costly fine of $500 for not having the ID ‘in their personal possession or control at all times’ is unconscionable. Considering the CNMI minimum wage, the $500 fine represents the equivalent of several weeks to a month’s pay after deduction and taxes.”
She doubts whether the CNMI can enforce the inspection of the identification cards.
“Will foreign nationals be harassed on the street? Stopped in restaurants, shops or even in their own homes?
Pulled over by law enforcement officials when driving? Who will be the enforcers? DOL officials? Police officers?
Can these enforcers stop anyone that they think is a foreign national and demand to see their CNMI-issued ID?” she asked.
Doromal said the scenario would be a reminiscent of the raids that were made on private workers’ barracks by Labor officials under then-Secretary Mark Zachares.
She advised foreign nationals to follow the advice of federal officials who have stated that they will recognize the validity of umbrella permits until Nov. 27, 2011.
She said there is no need for those with umbrella permits to go to the CNMI Department of Labor to renew the permits or to get foreign national IDs.
“Any foreign national who has questions should contact the federal ombudsman,” Doromal added.
