»Kilili’s HR 1466 unlikely to become law by Nov. 27

The bad news is that H.R. 1466 is unlikely to become law by Nov. 27, but some of those who may be out of status in the CNMI after that date—including immediate relatives of U.S. citizens who just lost their jobs—can heave a sigh of relief because, unless they have committed a crime, they will not be a priority of the U.S. Immigration and Customs Enforcement, which will be focusing more on dangerous criminals.

Delegate Gregorio Kilili Sablan (Ind-MP) said he doubts that his HR 1466, which proposes a “CNMI-only resident status” for four groups of people, could become law by Nov. 27, but a markup on the bill is forthcoming.

“I’m hoping that the markup will be next week,” Sablan told Saipan Tribune in an interview at his office in Susupe.

A markup is the process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.

He said he is hopeful the committee will move HR 1466 and have it voted on the floor by the full membership before Nov. 27.

Many nonresidents are hoping Sablan’s bill will be passed and signed before Nov. 27, when most foreign workers would need a federal work permit such as an H1B visa or a CW status, or at least proof that their employer filed a CW petition for them.

A fourth group of individuals covered by Sablan’s HR 1466 are immediate relatives of U.S. citizens regardless of the age of the U.S. citizen.

Unlike the three other groups that include immediate relatives of Freely Associated States citizens who could apply and obtain parole in place, the fourth group of individuals could be dealt with on a case-by-case basis.

Many foreign workers with U.S. citizen children recently lost their jobs because of the economy, and are having difficulty finding new jobs. They said they want to be given more time to look for jobs and not be separated from their minor children.

The other groups covered in HR 1466 are CNMI permanent residents; those born in the CNMI between Jan. 1, 1974, and Jan. 9, 1978; and the spouses or children, “as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)), of an alien described in subclauses (I) or (II).”

U.S. Immigration and Customs Enforcement John Morton’s memo, simply known as the “Morton memo,” directs ICE attorneys and employees to “exercise prosecutorial discretion” and refrain from going after non-citizens with close family ties in the U.S., among other things, unless they are criminals or pose a clear risk to national security.

This could mean that if an individual is illegal in the United States—including the CNMI—and have not committed a crime and have not been deported, that individual should have no fear of instant deportation.

The “Morton memo” tells ICE agents to take “particular care and consideration” when illegal immigrants are veterans, members of the U.S. armed forces, long-time lawful permanent residents, minors and elderly, ill, or are victims of crimes.

It also tells ICE agents to consider all relevant factors when weighing whether an exercise of prosecutorial discretion may be warranted for a given alien.

These include ICE’s civil immigration enforcement priorities, and the person’s length of presence in the United States, with particular consideration given to presence while in lawful status.

The “Morton memo” also tells ICE agents that in exercising prosecutorial discretion in furtherance of ICE’s enforcement priorities, the following negative factors should also prompt particular care and consideration:

* Individuals who pose a clear risk to national security
* Serious felons, repeat offenders, or individuals with a lengthy criminal record of any kind;
* Known gang members or other individuals who pose a clear danger to public safety; and
* Individuals with an egregious record of immigration violations, including those with a record of illegal re-entry and those who have engaged in immigration fraud.

But while the memo could help those who will be out of status after Nov. 27, some nonresidents said it could also injure people’s chances of obtaining improved immigration status down the road.

Malou Berueco, a guest worker advocate, said individuals would not risk being out of status especially if they’re only a few years away from being petitioned by their U.S. citizen children.

She said the resident community could also claim that these out-of-status workers will still become a burden to the community. For example, they will still continue to use the hospital, unless they can pay for their medical expenses. However, because the reason they are out of status is they could not find a job, then it will be hard to pay for their own medical expense.

Sablan, when asked for comment, only said that what the “Morton memo” does is give discretionary authority to ICE to prioritize their resources for deportations to those individuals who commit crime.

ICE is one of the component agencies of the U.S. Department of Homeland Security.

CNMI immigration is now under federal law, pursuant to U.S. Public Law 110-229 or the Consolidated Natural Resources Act.

Some individuals have been calling for a peaceful rally tonight from 6pm to 8pm at the Pedro P. Tenorio Multi-Purpose Center in Susupe, for those children whose parents could be out of status after Nov. 27.

This is also the same time when the U.S. Citizenship and Immigration Services will hold another public session on the final worker rule at the multi-purpose center.

The final worker rule establishes a transitional Commonwealth-only classification for workers in the CNMI. The CW classification allows employers in the CNMI to hire nonimmigrant workers who are otherwise ineligible for other statuses.

Rabby Syed, president of the United Workers Movement-NMI, said his group will continue to request the Obama administration to use his administrative power to grant parole in place for long-term foreign workers in the CNMI until Congress acts on the Interior Department’s recommendation to grant improved status such as green card or U.S. citizenship to aliens who have been lawfully in the CNMI for at least five years.

Syed will leave for Washington, D.C. on Friday to drum up support for his group’s cause in the nation’s capital.