In her testimony before the U.S. House Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs on Thursday, acting Deputy Assistant Secretary for Policy Kelly Ryan said “DHS is working to ensure that we continue to have the best information available and that we take into account the unique and special circumstances of the transition and of the circumstances that exist in the CNMI at this time — especially the economic challenges faced by the CNMI in restoring its economy, implementing minimum wage increases, and increasing tourism and other investments.”
DHS, she added, is fully aware of the challenges facing the CNMI economy and considers it a priority and goal to support existing businesses when developing policies and regulations to implement the federalization law.
She said DHS believes that communicating the decisions made on these issues is essential to a successful transition.
DHS, she added, is working toward publication of the final rule on transitional workers, and is “aware of the concern and interest of stakeholders on its issuance in view of the statutory expiration on Nov. 28 of large numbers of ‘grandfathered’ CNMI work authorization permits.”
She reiterated that DHS has been collaborating with interagency partners to ensure that the federalization law is “implemented in a manner that will minimize any adverse effects on the CNMI.”
Kelly spoke about the steps taken by the department in implementing the law in the CNMI.
In recognition of the CNMI’s reliance on Russian and Chinese tourists, DHS Secretary Janet Napolitano exercised her discretionary authority in October 2009 to parole into the commonwealth “on a case by case basis” eligible travelers from both countries, Kelly said.
Moreover, she added, DHS identified groups of individuals who may not necessarily fall within the current U.S. Immigration and Nationality Act, or INA, classifications and for whom the CNMI classifications authorized by the federalization law may not be appropriate.
Kelly said the department’s U.S. Citizenship and Immigration Services implemented a policy under which it favorably considers members of four designated groups (CNMI permanent residents, immediate relatives of CNMI permanent residents, spouses and children of deceased CNMI permanent residents, and immediate relatives of citizens of the Freely Associated States) for a grant of parole subject to case by case review.
She said DHS promulgated a number of regulations to set forth the processes and procedures for seeking federal immigration status in the CNMI.
She spoke about the granting of nonimmigrant, or E-2, status to long-term foreign investors in the CNMI who were granted long-term status by the CNMI government.
She said the USCIS conducted outreach on the regulation on Saipan and is currently accepting applications from eligible investors, their spouses and children.
Part of the implementation efforts by DHS were the meetings with stakeholders and agencies, including a Feb. 24, 2011 meeting between Immigration and Customs Enforcement Executive Associate Director for Enforcement and Removal OperationsGary Mead, Gov. Benigno R. Fitial, CNMI Attorney General Edward T. Buckingham and other CNMI government representatives that resulted in anIntergovernmental Service Agreement to obtain ICE detention space in the CNMI Department of Corrections facility at a bed day rate of $89.
Kelly said DHS established an Application Support Center on Saipan in pursuit of the implementation efforts.
Regarding H.R. 1466 sponsored by Congressman Gregorio Kilili Camacho Sablan, Kelly said DHS agrees that the unique circumstances of the CNMI often deserve special consideration and carefully crafted policies taking them into account. “We will carefully examine the bill and work with the sponsors of the legislation to explore solutions to this important matter,” she added.
The bill will grant CNMI-only status to certain nonresidents, including those with U.S. citizen children.
