As I’ve said before, there is actually no uncertainty, and all this confusion is mostly self-inflicted. What we have is an unwillingness to accept unpalatable facts mostly on the part of the sector that will be immediately and directly affected by the federalization law — guest workers.
Since time immemorial, most of them have believed that federalization should mean a better immigration status. Despite the removal of the improved status provision from the federalization law, they are clinging to this belief. More than a year since the enactment of the CRNA, they’re still in the first stage of grief, which includes denial. Hence, like locals who can’t wait to see all guest workers gone, they are opposed to any delay in CRNA’s implementation.
From Homeland Security’s Web site:
“The CNRA authorized a program to grant nonimmigrant status to workers [i.e., nonresidents] needed by CNMI employers who are not otherwise eligible for an employment-based status under [federal immigration law] during the transition period. This program may be extended beyond the five-year duration of the transition program by the Secretary of Labor, but ultimately the number of transitional workers must be reduced to zero.” (My italics)
But as some of my kababayans have “assured” me recently, there must be a “secret” provision or something in the guest worker regs…which are still nonexistent and may not even be forthcoming. Also, Interior may recommend improved status to the U.S. Congress…which still has to introduce the bill, conduct public hearings, pass and submit it to the White House. When will this happen? How quickly can it happen? Will there be guest workers left when it finally happens? The first time the White House threatened a takeover was in 1986. It took 22 years to pass the law, whose implementation was delayed for six months and, theoretically, it can be delayed again for at least a year if Kilili’s bill becomes law. And then there’s the governor’s pending lawsuit in D.C.
But when I explain all this, the usual response from my kababayans is, “You have a green card already no?”
It’s like arguing with birthers and truthers.
It is, in any case, interesting to note that Kilili has a different take regarding the readiness of the feds to impose the law and the CNMI’s ability to cope with the consequences. He is in Washington, and not as immersed in the daily politics of the islands as the other local politicos, and the fact that he is risking his standing among the “federalization now, federalization forever” crowd should give pause to any reasonable person.
The two-year permit, I believe, is premised on the administration’s assumption that it will win its lawsuit against the feds.
Without such an umbrella permit, administration officials, local lawyers and businesspeople I’ve talked with believe that guest workers whose permits will expire during the transition period are likely to be deported by the feds. An overwhelming majority of the CNMI’s guest worker categories are not allowed by U.S. law.
Now sending home guest workers en masse is the equivalent of cremating this already dying economy. And without an economy, how can the government pay all its employees (voters all) and other obligations?
The administration, in short, wants to assure the remaining investors that they can continue to do business here for at least two years and that, well, hope springs eternal, etc. etc.
Some actually claim that the administration’s rationale is “political.” But guest workers and foreign investors are non-voters. And most local voters support federalization now that it doesn’t have the improved status provision for nonresidents.
Some ask, why now?
Simple. The CRNA kicks in on Nov. 28. Announcing the umbrella permit in October and handing out new nonresident permits that will take effect on Nov. 27 doesn’t give the feds enough time to react.
Why not give guest workers better status?
Because it can’t be sold politically at his moment; otherwise, there will be a bandwagon of local politicians out there already.
Immigration is an explosive issue anywhere because it is about identity, culture and pride. It has to be handled with care and with patience. Clearly, indignant righteousness is no substitute for reaching out, building consensus, listening to, and understanding each other.
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