US: Federalization delay supports lawsuit dismissal

The 180-day delay in the implementation of the federalization law is further justification why the CNMI’s motion to suspend the labor provisions in the law should be dismissed, according to lawyers for the federal government.

In a new status report filed in the U.S. District Court for the District of Columbia, the U.S. government lawyers noted the Department of Homeland Security granted the CNMI government’s request for a 180-day delay to the start of the Consolidated Natural Resources Act of 2008, which will extend U.S. immigration laws to the CNMI. The law was scheduled to go into effect June 1 but will now start Nov. 28.

“As a result of DHS’ decision to delay the implementation of the challenged provisions of the CNRA, the existing CNMI immigration laws will continue to apply until November 28, 2009. Thus, in addition to the reasons provided at oral arguments on March 12, 2009, the delayed implementation of the CNRA from June 1, 2009 to November 28, 2009 is further justification for the court to deny plaintiff’s motion for a preliminary injunction,” the status report stated.

In November, lawyers for CNMI filed a preliminary injunction, asking the U.S. District Court for the District of Columbia to order the U.S. Department of Homeland Security and the U.S. Department of Labor from taking over the local labor system.

Two months before, the Fitial administration sued the two departments in a bid to stop the federal takeover of the CNMI’s immigration system.

The U.S. government earlier asked the court to dismiss both the lawsuit and the preliminary injunction.

Judge Paul L. Friedman said at the March 12 hearing he would take the case under advisement.

On Wednesday, the day the 180-day extension was announced, Gov. Benigno Fitial said the delay would have no effect on the lawsuit.

“I don’t think so. I think that this lawsuit has its own place and this extension will provide all the necessary work that needs to be done to improve the implementation and enforcement of the new immigration law,” the governor said at a news briefing.

Howard Willens, special legal counsel to the governor who is representing the CNMI in the lawsuit, said the CNMI anticipated an extension might be granted, but it was made clear in the lawsuit’s briefs that that does not effect the Commonwealth’s entitlement to a preliminary injunction. Each party—the CNMI and the federal government—will probably submit a short statement about the extension, Willens said on Wednesday.

Fitial said the CNMI will begin to prepare for the implementation of the federalization law once a decision on the lawsuit and preliminary injunction is announced.

“We will do what we need to do after the result of the lawsuit comes out, because we don’t want to be doing something that we may not have to do after all,” he said, adding that the judge is aware of the deadline and should make a decision soon.