Delegate Gregorio Kilili C. Sablan (D-MP) on Thursday introduced a bill that delays the start of federal immigration control in the CNMI until Dec. 1, 2010, a move that has drawn mixed reactions in the CNMI.
Federalization is set to begin on Nov. 28, 2009.
Sablan defended his new stance on federalization, saying he only did so because the Department of Homeland Security is not ready to control CNMI borders with only months to go before implementation date.
In a statement yesterday, Sablan said he made the decision to seek a one-year delay in federalization only after much deliberation.
“Even the Department of Homeland Security itself has now admitted in a written reply to Congress that the department will not be fully operational in the Marianas until 2011. That's not good enough. The people of the Northern Mariana Islands-and the people of all the United States-deserve and expect all U.S. borders to be fully operational all the time,” he said.
Acting Gov. Eloy S. Inos said in an interview yesterday the Fitial administration welcomes Sablan's introduction of the bill.
“We support it [bill]. Our opposition to the implementation [on Nov. 28] has always been consistent,” he said. “We welcome it and we ask for the support of other members of the U.S. Congress.”
Inos, who is celebrating his birthday today, said the one-year delay will also give DHS time to reconsider its rule to exclude China and Russia from the visa waiver program.
“It will also be a breathing period for us. I think one year may be adequate. If what we've been asking for will not be granted, we have to find something to fill the void left by the two markets. I doubt that we will be okay without it, unless we find something to fill the gap,” he said in an interview right after the Northern Marianas College's first “Performance Report to the People” on campus.
'Ready or not?'
House Speaker Arnold I. Palacios (R-Saipan), in a separate interview at the NMC event, said that, with only about two months before Nov. 28, it is “very unlikely” that the U.S. Congress will act on Sablan's bill.
“Let's be realistic about it,” he said.
He said Homeland Security Secretary Janet Napolitano herself said that DHS is prepared to stand borders on Nov. 28, while CNMI leaders, including Sablan and the Fitial administration, have been saying otherwise.
“This is creating confusion in the community. Who is right? DHS says they're ready. The CNMI side says DHS is not ready. But the question is, what are the chances of this bill passing Congress?” said Palacios, adding that he will review Sablan's bill.
On Monday, Napolitano met with Sablan and Delegate Madeleine Bordallo (D-GU) on federalization issues. In that meeting, Napolitano said DHS would be ready for the Nov. 28 implementation of the law that puts the CNMI under federal control.
But Sablan told Napolitano that he still believes DHS is not ready. He reiterated his position yesterday.
“Homeland Security has not finalized arrangements for space at the ports of entry that it must control. No construction of facilities at the ports has begun. None of the sophisticated communications and data entry equipment and supporting infrastructure needed have been installed. Not a single Customs and Border Patrol employee is in place in the Marianas to manage the start-up, which is scheduled to occur in just 65 days,” he said.
Rene Reyes, president of the Coalition of United Workers-CNMI, said that foreign workers' groups are “strongly against” any further delay in federalization.
“This will preempt the economic recovery of the CNMI and its people. We want to reiterate that federal agencies are very ready to kick in on Nov. 28,” he said.
'Will reduce scams'
Sablan said he believes that federal control of CNMI borders “will reduce the scams and abuses that have been a hallmark of local immigration control.”
He earlier asked the U.S. Attorney's Office to investigate immigration and investment scams involving at least two groups of investors-Chinese and Korean-promising foreigners either a U.S. investor status or “green card” by investing at least $100,000 in the CNMI.
Sablan said the scams are an embarrassment to the CNMI and hurt the effort of delaying federalization.
The Fitial administration said the Office of the Attorney General will review the allegations “and take appropriate actions if violations of CNMI laws are substantiated.”
Although he believes it will benefit the CNMI to be part of the U.S. immigration system, “the simple truth is that [DHS], which has had almost a year and a half to prepare, is not ready to implement U.S. Public Law 110-229 on Nov. 28.
“I know that for many people in Washington and in the Commonwealth, who have been pushing for U.S. control of immigration, my bill will seem like backsliding. And I certainly would have preferred not to have to take this action. But I also have to acknowledge the reality of the situation,” he added.
DHS to report to Congress
The four-page bill not only seeks a one-year delay, but also requires DHS to report to Congress every 30 days on actions being taken to be fully prepared to man the borders on Dec. 1, 2010.
“I want to make clear that my bill is not delay for the sake of delay. And I certainly don't want to find us back in this same predicament a year from now with an impending startup date and an agency that isn't prepared,” Sablan said.
The bill requires DHS to provide Congress with detailed budgets for the next two years to show how the transition will be paid for. DHS will also be required to explain what equipment, software, and personnel needs it has and how it plans to get that infrastructure in place.
It also addresses the issue of the visa waiver program that currently allows Russian and Chinese tourists to easily enter the CNMI, or without a U.S. visa.
“Although the CNMI visa waiver program would continue as is for another year under my bill, I also want Homeland Security to report to Congress on what will happen after the new start date of December 2010. If there are additional security measures needed to allow Russians and Chinese to enter, what are those measures? DHS has never told us. And, if Russian and Chinese are still excluded from a visa waiver program after December 2010, then I want DHS to explain how these countries can be included at a later date,” he said.
The delegate also wants DHS to explain why the system that the CNMI has now, which requires a bond from tourist agencies sending Russians and Chinese to the CNMI and which has operated almost completely trouble-free, can't be the system that DHS uses to handle these tourists.
Gov. Benigno R. Fitial, who met with Napolitano in Washington, D.C. on Tuesday, said DHS' “possible solution for discussion” with the CNMI and Guam on the joint visa waiver program may be ready by this week or early next week.
The governor, who is on his way back to Saipan, said in a statement that he is optimistic the CNMI will be granted reasonable access to Russian and Chinese tourists under the visa waiver program following his meeting with Napolitano.
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