DHS: No timeline for 2 other federalization rules

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Posted on Apr 03 2009
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The Department of Homeland Security said no timeline has been announced for the publication of the two other regulations involving the federalization of CNMI immigration.

Only the Guam-CNMI Visa Waiver Program regulations have been released, but not the rules on the transitional worker program and the CNMI investor program.

Marie Therese Sebrechts, regional media manager of DHS’s U.S. Citizenship and Immigration Services, said proposed regulations to implement the two CNMI-specific nonimmigrant classifications under the Consolidated Natural Resources Act (CNRA) of 2008 are currently under development by DHS.

“Once the proposed regulations are published, there will be a public comment period,” she said.

On March 31, Homeland Security Secretary Janet Napolitano announced the June 1 start date to the federalization law will be delayed by 180 days until Nov. 28, 2009.

Jeff Schorr, field representatives of the Interior’s Office of Insular Affairs, said his statement about the release of the two sets of regulations in “another month or two” was only a “guess,” and that his office does not have anything to do with the release of the regulations.

Schorr was asked about the regulations by the Saipan Chamber of Commerce during their general membership meeting on Wednesday.

Besides the Saipan Chamber of Commerce, the Tinian Chamber of Commerce, the Rota Casino Gaming Commission and the United Workers Movement NMI welcomed the 180-day delay in the start of transition to federal immigration, but want DHS to soon publish the CNMI-only transitional worker and investor regulations.

They said without the publication of these two regulations, it is hard for investors to make business plans in light of federalization.

As of the beginning of the transition program on Nov. 28, 2009, DHS and its component agencies (in particular, the USCIS, the U.S. Customs and Border Protection, and the U.S. Immigration and Customs Enforcement will be responsible for:

– Operation of ports of entry in the CNMI for immigration inspection of arriving aliens.

– Establishment of departure control for certain flights leaving the CNMI.

– Immigration detention and removal of aliens in the CNMI.

– Enforcement of federal laws governing the unlawful employment of aliens, including the requirement for CNMI employers to complete the Form I-9, Employment Eligibility Verification.

Acceptance and adjudication of petitions and applications for immigration status and benefits.

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