Speaking before 50 guest workers, businessmen and advocates outside the multi-purpose center on Wednesday night, Villazor mentioned the preemption doctrine that applies to state or local laws regarding noncitizen workers.
In the case Villas at Parkside Partners v. City of Farmers Branch, a federal court in Texas said the city ordinance in question “stands as an obstacle to the uniform application of federal immigration law.”
Villazor, a Mount Carmel School graduate, said federal law can supersede or supplant any inconsistent state or local law or regulation.
She said CNMI labor law requiring nonresident workers with umbrella permit to report to the Department of Labor if they are hired by a new employer contradicts the preemption doctrine.
The U.S. Citizenship and Immigration Services has already taken over that authority, she added.
“It’s the discretion of the USCIS to decide who can work here and on what terms,” she said.
She said because the umbrella permit was issued before the transition period, it is the federal government’s opinion that the nonresident workers should be able to continue using the umbrella permit until its expiration on Nov. 27, 2011.
Villazor said the CNMI government may report any nonresident worker who no longer has an employer to the U.S. Department of Homeland Security.
However, she added, the CNMI government cannot remove nonresident workers who have lost employment but have an umbrella permit.
It is DHS that will decide whether they will be removed, she added.
At the end of the transition period on Nov. 27, 2011 there’s no guarantee if nonresident workers can remain in the CNMI lawfully if their employers fail to hire them through the regular federal process, Villazor said.
Unless legislation is introduced in the U.S. Congress, Villazor said the goal of the federalization law is zero guest workers by 2014.
The forum ended after an hour and a half only due to insufficient light.
Rabby Syed, United Workers Movement president, said the person in charge of the multi-purpose center cancelled their reservation to use the building so they had to rent a tent.
Former Rep. Tina Sablan said she talked with one of the staffers of the center and was told that the Department of Public Works made a prior reservation.
She said the center offered one of the rooms but it would not accommodate a large number of people.
“They were very apologetic. They allowed us to use their chairs,” Sablan added.
