He told lawmakers that this will result in loss of tax revenues, further outmigration from the CNMI and loss of consumer demand.
Some officials noted, however, that other CNMI agencies can “absorb” the Immigration personnel that will be “displaced” by federalization.
In July, David Gulick, district director of the Honolulu, U.S. Citizenship & Immigration Service, who was among the nine-member federal delegation sent to Saipan on a fact-finding mission, told lawmakers they were working on plans to ensure a smooth transition.
He said those who will be displaced will be offered the opportunity to be hired provided they pass the basic qualifications to work for the U.S. government.
When the federalization law takes effect on June 1, 2009, federal officers will run the CNMI immigration system on a temporary assignment basis.
But Willens said DHS jobs require U.S.-based training and no such thing will be available until June 2009.
He further noted that training takes “9-12 months if DHS elects to provide.”
The dispute
Gov. Benigno R. Fitial’s administration is asking the Legislature to appropriate at least $50,000 a month, for eight months, to pay the Washington-based law firm of Jenner & Block.
The House leadership has said that public funds should not be used for the planned suit.
Jenner & Block will handle the CNMI’s lawsuit against the U.S. Department of Homeland Security and the U.S. Department of Labor aimed at securing a preliminary injunction to stop the implementation of the federalization law next year.
Willens said the CNMI is not challenging the law’s border security provision.
At issue in the proposed litigation is whether “Congress may invade the commonwealth’s right to self-government,” he said.
“This issue can be resolved only in the courts. This legislation (federalization law) will cause enormous harm to the commonwealth. A court’s power to issue an injunction is the only way to stop this harm from occurring,” said Willens.
He believes that the litigation will not “drag on” and may be resolved within six to eight months.
“The complaint asks for a preliminary injunction. Courts deal with these claims very expeditiously,” he said
He also downplayed fears that the complaint may adversely affect the CNMI’s ability to negotiate with federal authorities.
“Litigation is handled by the Department of Justice, not the Department of Homeland Security…. DHS is often sued in federal court and retaliation in any litigation could lead to expensive consequences for the agency so federal officials simply do not engage in that kind of conduct,” he said.
