DOC to plug immigration loopholes

Now that the Department of Commerce has taken over the permitting of foreign students, it says it will plug the loopholes in the local immigration rules by ensuring that foreign students who are supposed to be in private schools do not end up in public schools and thereby avail of free education from the government, among other things.

A newly formed Foreign Student Education Oversight Panel, as required by the newly adopted Department of Commerce Rules and Regulations, will also be meeting for the first time on Thursday.

The panel will advise the Commerce secretary with respect to the issuance of a certification for any educational institution applying with the department for a certification to enroll foreign students.

Since May 7, Commerce has assumed responsibility for processing, approval, issuance and renewal of permits for foreign students, in addition to permitting foreign investors and retirees.

These functions were previously that of the Division of Immigration.

But Immigration retains the authority to issue entry permits and to deal with excludability and deportation.

Commerce Secretary Michael J. Ada yesterday, however, said that some foreign students whose applications were filed prior to the effective date of the amended Department of Commerce Rules and Regulations were “grandfathered.”

He said the amended regulations authorize Commerce to certify whether a private school can accept foreign students.

“The student can only come in if the school is certified by us,” Ada said in a telephone interview.

Under the 22-page amended regulations, the Commerce secretary can also accept the certification of a recognized U.S. regional or national certification authority.

Ada said private schools are also required to report to Commerce foreign students who have withdrawn their enrollment from their school or have exited the CNMI.

He said Commerce will conduct inspections and scrutiny of permits of foreign students who were accepted entry into the CNMI to be enrolled in private schools.

“If for example they’re supposed to be enrolled in private school A and they’re not there and instead enrolled in a public school, then they’re in violation of the regulations. They cannot go to public schools,” he added.

Scott Norman, representative of private schools in the Board of Education, earlier said many foreign students who were allowed to enroll in private schools on island are taking advantage of “loopholes” in the immigration system and are ending up as public school students, availing of free education from the government.

He said private schools are losing foreign students due to “transfers,” majority of whom go to public schools, which is against immigration regulations.

Oversight panel

The Commerce secretary, upon receipt of an application for certification as a qualified educational institution, will convene and chair a foreign student education oversight panel.

The panel is comprised of at least one representative from Northern Marianas College, the Department of Commerce, the Saipan Chamber of Commerce, the Public School System, and the community at large.

Ada said retired educator Agnes McPhetres has been named to the panel to represent the community at large because of her background.

Six-month regulations

Commerce has always been the permitting agency for foreign investors and retirees. But due to federalization, the amended regulations with respect to foreign investors and retirees may no longer apply on Nov. 28.

The U.S. Department of Homeland Security, however, has yet to issue proposed regulations on investor and foreign student visas and CNMI-only transitional workers.

Ada said Commerce’s requirements for foreign students are the same as those required by the federal government so the local regulations may still be applicable beyond Nov. 28.