“An employer who knowingly hires or continues the employment of an unauthorized alien is subject to a civil money penalty of between $375 and $3,200 for each unauthorized alien, for a first offense. Higher penalties apply for subsequent offenses,” the USCIS said.
USCIS, an agency of the U.S. Department of Homeland Security, reiterated that the umbrella permits, which the CNMI government issued to foreign workers, students, investors and their dependents before the Nov. 28, 2009 federalization of local immigration, entitle them to stay in the commonwealth up to Nov. 27, 2011.
They could, however, be deported before the expiration of their umbrella permits if they violate federal immigration law or commit crimes.
The USCIS also noted that although the umbrella permits are valid through Nov. 27, 2011, its holders must also have gainful employment.
“The purpose of the continuing work authorization provision of the [federalization law] is to encourage gainful employment in the CNMI by holders of the umbrella permit or others authorized to work there. If the holder of an umbrella permit is not employed and lacks some other lawful basis under federal immigration law to remain, he or she may be subject to removal from the CNMI by DHS. DHS will consider situations involving possible removal on a case-by-case basis,” it said.
“Note, however, that if you have an umbrella permit that includes work authorization but whose primary purpose is not employment, you may remain lawfully in the CNMI without working, as long as you maintain the activity that is the basis of the permit. In particular, holders of student permits, or investor and business permits, are not required to be otherwise employed as long as they continue to be students, or maintain their investment or business activity, as appropriate under their permit,” it added.
The U.S. Immigration, Customs and Enforcement, another DHS agency, is empowered to arrest illegal aliens and is the only authority that can remove foreigners in the CNMI.
The USCIS statement on the umbrella permits can be accessed at its Web site: www.uscis.gov.
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