Michael Aytes, the acting director of the U.S. Citizenship and Immigration Services, an agency of DHS, said regulations that will govern the federalization of local immigration are still in the drafting stage.
Once the draft is completed, it will take at least two months before the regulations can be finalized and adopted.
Given this scenario, Homeland Security may implement U.S. Public Law 110-229 180 days after June 1 or by Nov. 1.
“I am here to tell you that at this point, we’ve targeted June 1st but I talked to the secretary of the Homeland Security and she is personally looking at the facts and circumstances. I expect that within a couple of weeks…we will announce whether or not it will stay as June 1st or not,” said Aytes.
Any delay must be announced at least a month ahead of June 1.
“Typically, we give a 60-day comment period because we’re interested in public reaction. Sometimes we get ideas that way. Then we decide what adjustments are going to be made. Then you go through a final rule publication. That’s one of the arguments for the delay,” Aytes said.
Homeland Security Secretary Janet Napolitano is allowed by law to delay for 180 days the implementation of the federalization law.
Aytes said other federal agencies like the Transportation Security Administration, the Customs Border Protection may have concerns that need to be considered.
“It is simply a decision whether to delay the implementation for six months as provided by the statute. There’s no option to indefinitely delay the implementation,” Aytes told the Variety.
David Gulick, district director of the USCIS, said Washington has not mentioned June 1 as the start of the transition phase.
“First, let’s not use the term ‘June 1st.’ Let’s say ‘transition period.’ That’s what we say in Washington,” he said.
When asked if that’s an indication that the implementation will be delayed, Gulick declined to answer.
Gov. Benigno R. Fitial has sued the U.S. government to prevent the federalization law’s implementation.
He is now asking the federal government to delay the law’s implementation.
The U.S. District Court for the District of Columbia is scheduled to hear the CNMI’s motion for a preliminary injunction and the U.S. Department of Justice’s motion to dismiss the case on March 12.
