Homeland Security site details transition process

The U.S. Department of Homeland Security has updated its website to include information regarding the CNMI’s transition to U.S. immigration laws.

The information includes background on the Consolidated Natural Resources Act of 2008 or Public Law 110-229. The webpage also includes information on the implementation and significant provisions of the law; CNMI immigration law until the transition period starts; federal responsibilities; visa information; and employment and immigration in the CNMI.

“In sections 105 and 503 of the Covenant, the people of the CNMI expressly agreed that the U.S. Congress has the authority to extend U.S. immigration laws to the CNMI. Congress exercised this authority by enacting the CNRA,” DHS states under the background section.

U.S. immigration laws must apply in the CNMI beginning June 1, 2009, unless the Secretary of Homeland Security decides to delay the start of the transition period, according to the webpage. The transition period cannot be delayed more than 180 days.

After June 1, 2009, U.S. immigration law will apply, with one exception, the webpage states. During the transition period, people present in the CNMI will not be able to seek permanent resident status in the CNMI after one year as an asylee, a benefit under section 208 of the Immigration and Nationality Act.

“An alien present in the CNMI will, however, be able to request withholding of removal based on a claim of protection from persecution or torture and the claim will be heard by an immigration judge or other authorized official under U.S. law,” according to the transition information.

The Department of Homeland Security currently does not have an immigration presence in the CNMI and will not assume responsibility until the start of the transition period.

In early 2009, though, the U.S. Citizenship and Immigration Services plans to open an Application Support Center. The Center will provide services to applicants who currently qualify for permanent resident status as an immediate relative of a U.S. citizen. USCIS will provide more information on the Center when an opening date is determined.

The webpage, which was last updated Nov. 21, says the Guam-CNMI Visa Waiver Program and the CNMI-only investor visa regulations currently are under development.

Last week, The U.S. Department of Homeland Security issued a semiannual regulatory plan stating visitors from China and Russia “cannot, at this time, seek admission under the Guam-CNMI Visa Waiver Program due to security concerns.”

In a joint statement, the Fitial administration, the Legislature and the Marianas Integrated Immigration Task Force noted that the regulatory plan, which appears on the federal government’s www.regulations.gov website, is an abstract and not the final regulation.

“However, if this is an insight into the regulation, we have reason to be gravely concerned,” the local government and business leaders said. “Unless China and Russia are officially included in the Guam-CNMI Visa Waiver Program-which is what is being considered in these regulations-the CNMI economy will be damaged. Chinese and Russian tourists are of crucial importance to the islands’ economy.”

Guam Congresswoman Madeleine Bordallo has been quoted as saying Guam and CNMI officials are working with federal officials to allow Russian and Chinese visitors to participate in the visa waiver program, and if not with a full visa waiver, possibly with an expedited process that would still allow visitors to meet the necessary security requirements.