He said his group has documented three cases of nonresident workers who have legal status but were referred to ICE for deportation by the CNMI Department of Labor.
“If the U.S. recognizes umbrella permits or has allowed foreigners in the CNMI to apply for parole in place, then why is it that a federal agency is going against this U.S. policy?” he asked.
He said most of the aliens being pursued by ICE have “legitimate ongoing cases.”
Syed, in a letter dated Nov. 23, informed U.S. Department of the Interior Secretary Ken Salazar about this issue.
Copies of the letter were also sent to U.S. Department of Homeland Security Secretary Janet Napolitano and Interior Assistant Secretary Tony Babauta.
Syed, in his letter, discussed how U.S. Public Law 110-229, or the Consolidated Natural Resources Act, impacted guest workers and how CNMI Labor has dealt with them after the immigration takeover by the federal government.
On or about Oct. 14, 2009, he said, CNMI Labor began issuing the transitional conditional foreign national permits or “umbrella permits” to aliens.
In a meeting on March 4, 2010, U.S. Labor Ombudsman Pamela Brown said the federal government would recognize documentation of immigration status given by the CNMI government prior to Nov. 28, 2009.
According to Syed, she further stated that the federal government recognized the expiration of the umbrella permits on Nov. 27, 2011.
On March 12, 2010, Syed said the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services issued a question and answer document titled “Employment Authorization and Verification in the CNMI” which stated that any permit in place as of Nov. 28, 2009 would be recognized as valid until Nov. 27, 2011, and that after Nov. 27, 2009, the CNMI government lost all authority to revoke, amend or issue any further permits to aliens within the CNMI.
Syed said under CNMI law, any alien granted either an umbrella permit by Labor or by the Attorney General’s Office is lawfully present in the CNMI on the effective date of the federal immigration takeover.
“These aliens are protected under the grandfather clause and are authorized to remain in the CNMI until the expiration of any CNMI status or until Nov. 27, 2011, whichever happens first,” he said.
