Saipan Republican Rep. Diego T. Benavente said he believes the federalization law will be beneficial to the CNMI in the long-term but the time to prepare for its proper implementation is too short.
Benavente, a former lt. governor, said there is so much uncertainty that will be brought about should the federalization law be implemented as scheduled this Nov. 28.
First, he said the regulations proposed so far do not protect the interest of the commonwealth.
The U.S. Department of Homeland Security is the leading federal agency tasked to implement the law.
But there are several other federal agencies involved as well and Benavente said it appears that they, too, are not ready.
“There are significant roles to be fulfilled by the Departments of State, the Interior, Labor and [Justice],” said Benavente in his letter to his fellow lawmakers.
Thus far, DHS has already published regulations for the Guam-CNMI Visa Waiver Program and the CNMI-Only Nonimmigrant Treaty Investor or E-2 investor visa which is specifically designed for foreign investors in the commonwealth.
Regulations for guest workers are still being drafted.
Benavente said regulations are very important in the process to change the local immigration system.
“The absence of regulations creates great uncertainty. Without regulations, our businesses, workers and families cannot prepare for the coming major changes. Uncertainty is bad for business. It is bad for public morale. Uncertainty, however, is not the only negative effect of the failure to publish regulations,” he said.
“The publication process itself has built in checks and balances through the notice and comment requirement. This process ensures that those who are affected by proposed governmental regulations are notified and have an opportunity to voice their objections and suggestions. If there is no publication, there is no opportunity to comment,” he added.
Gov. Benigno R. Fitial and CNMI Congressman Gregorio C. Sablan have also endorsed a delay, which will require an act of the U.S. Congress.
Benavente said the commonwealth, its government, its people, and its institutions will be seriously affected by the federalization law.
“Time is running out. We are less than 80 days from the current deadline. We must not allow our community to fall victim to the disruption that is likely to take place if the [law] is implemented without adequate preparation. Please join me in supporting a further 12-month delay,” he told his fellow lawmakers.
