In his 13-page letter to newly confirmed DHS Secretary Janet Napolitano, Fitial, who is in Washington, D.C., reiterated that federalization will be disastrous to the islands’ economy.
“During the two years since this legislation was first under consideration by Congress, the commonwealth’s economy has descended into a serious depression — more pervasive and damaging to this small insular area than is currently being experienced in the 50 states,” Fitial told Napolitano.
The federalization of the CNMI’s immigration system is scheduled to begin on June 1 as mandated by U.S. Public Law 110-229 which also allows Napolitano, as head of DHS, to delay the implementation for 180 days.
Fitial said the federalization law mandates the gradual phase out of foreign guest workers and excludes Russian and Chinese tourists from the Guam-CNMI visa waiver program.
Fitial has filed a lawsuit against the federalization law.
“An extension will provide the new [Obama] administration with the additional time necessary to consider proposed rules for the Act’s implementation. An extension will enable the department to ensure that the necessary facilities and personnel are in place by the effective date of the Act,” he said.
“An extension of the effective date will prevent the serious damage to the commonwealth economy that will result from the implementation of the visa waiver regulations on June 1, 2009,” he added.
According to the governor, “It is unclear why the department failed to publish…draft regulations regarding investor visas and foreign workers before Jan. 20, 2009, after having more than seven months to work on them.”
“Even if the newly appointed department officials have moved expeditiously with respect to these draft regulations, it is unlikely that they can be published on a schedule allowing 60 days for public comment, with another 30 days for their publication in final form,” he added.
The CNMI currently hosts more than 16,000 documented foreign workers.
