Fitial mulls stopping USCIS

Gov. Benigno R. Fitial described it as “not right” and “shocking” for U.S. Citizenship and Immigration Services to consider a grant of parole until Dec. 31, 2012, for immediate relatives of U.S. citizens and certain “stateless” individuals. But USCIS said the grant of parole is on a “case-by-case basis,” and eligible individuals have to apply for this kind of parole.

Fitial’s statement, issued Thursday night, said he has instructed Attorney General Edward Buckingham to “review USCIS conduct and give me advice on how we might proceed.”

Fitial also said he might file a lawsuit to stop USCIS from granting parole up to Dec 31, 2012, especially to those who are a “burden” to the CNMI or who are jobless.

“I might go that route [lawsuit] but I have to wait for the attorney general’s decision,” Fitial said in an interview last night at a Christmas tree/Nativity lighting ceremony at the Pedro P. Tenorio Multi-Purpose Center in Susupe.

The governor was reacting to what he considers “blanket parole to potentially thousands of individuals not authorized to remain in the CNMI.”

“This is not right. No one is above the law and a federal agency should not change rules to accommodate a political request in anticipation of a bill that is not law,” Fitial said.

Fitial was referring to Delegate Gregorio Kilili Sablan’s pending H.R. 1466, which seeks a grant of CNMI-only resident status for four groups of people, including immediate relatives of U.S. citizens as of May 8, 2008, and continuing to be on the islands; CNMI permanent residents; those born in the CNMI between Jan. 1, 1974, and Jan. 9, 1978; and spouses, parents, or children of U.S. citizens under the Immigration and Nationality Act.

The bill is not yet on House calendar for action, but Kilili hopes it will be passed before the end of the year.

Sablan, when asked for comment on Fitial’s statement, said the USCIS decision “was for a grant of parole on a case-by-case basis.”

“Nowhere in the decision was a discussion of blanket parole,” Sablan told Saipan Tribune yesterday.

Fitial, who accused Sablan of missing the point of the federalization law, said he has a heart, and that heart belongs to CNMI people.

“How about Kilili? Where does his heart belong?” he asked.

‘Contradicts promises’

The governor said USCIS’ action was “shocking and contradicts promises made in February 2011” by USCIS director Alejandro Mayorkas.

“I met with the USCIS director Mayorkas and we discussed the issue of ‘blanket parole.’ Director Mayorkas promised me that USCIS would not grant blanket parole. Director Mayorkas specifically committed USCIS to conduct and complete its case-by-case review prior to Nov. 27, 2011,” Fitial said.

Press secretary Angel Demapan earlier said that Fitial will request a meeting with Mayorkas when he heads to Washington, D.C. in February for a National Governors Association meeting.

Sablan had said Mayorkas called him around 5am on Thursday to announce the USCIS decision.

Delayed enforcement

The governor said USCIS “isn’t really taking action.”

“Instead, it has failed and continues to fail to meet its duty to undertake a case-by-case review. If allowed to stand, USCIS will delay enforcement of federal immigration provisions in the Commonwealth,” Fitial said.

He said this will mean “thousands of people will remain who don’t have jobs, who continue to drain scarce social resources in the areas of health, education, and welfare. Those who have jobs will continue to send money off-island rather than contributing to a growing economy. And, with non-citizen workers willing to work in highly skilled jobs for $5.05 an hour, the economy of the CNMI will remain weak.”

Fitial also said his duty as governor is to serve the people of the Commonwealth.

“They are being hurt by the refusal and failure of USCIS to perform its duties. I have instructed the attorney general to review USCIS conduct and give me advice on how we might proceed,” he said.

In terms of goals, the governor said: “The Commonwealth needs real economic growth, not cheap political promises to those who are hurting our local economy and locals who want to get jobs at a living wage. I want to be fair. I also want USCIS to do its job.”

Sablan said on Thanksgiving that HR 1466 tries to help U.S. citizens who happen to have nonresident immediate relatives.

He said in a separate statement that U.S. Public Law 110-229, which extended U.S. immigration to the CNMI, principally focused on the status of foreign workers and investors.

“But other people with longstanding ties to the Marianas and family members of U.S. citizens, who might not be workers or investors, were not considered. Sablan’s legislation addresses that oversight,” Sablan’s statement said.

Rabby Syed, president of the United Workers Movement-NMI, welcomed the USCIS announcement.

“We’re happy with the USCIS decision of parole for four groups of people, but at the same time UWM is still asking parole-in-place for all legal aliens in the CNMI,” said Syed in an interview at the Occupy USCIS tent yesterday afternoon.

Syed said they plan to continue with their peaceful vigil until Nov. 29, but will ask the Department of Public Lands and the Coastal Resources Management to extend their permit for two days. Their DPL/CRm permit is valid only until Nov. 27.

As of yesterday afternoon, many nonresidents were still preparing requests for parole, two days before the Nov. 27 expiration of their umbrella permits.

Reynaldo Garcia, 41, has been helping many nonresidents write their request for humanitarian parole for several days now, and has been spending long hours at the Occupy USCIS tent near the USCIS office in Garapan.

Garcia, whose Commonwealth-only worker petition has already been filed, said it’s always good to help others in need.

Who qualifies?

USCIS said those who can stay in the CNMI after Nov. 27, 2011 and apply for this type of parole are:

– An immediate relative of a U.S. citizen. An immediate relative is a legal spouse, unmarried child under 21 years old or parent regardless of the age of the U.S. citizen child, and who is legally present and resides in the CNMI as of Nov. 27, 2011;

– A foreign national born in what is now the CNMI between Jan. 1, 1974 and Jan. 9, 1978. This group of individuals is sometimes referred to as “stateless” because of their unique situation under the Covenant Act establishing eligibility for U.S. citizenship of individuals born in the CNMI;

– A child (unmarried under 21 years old) or legal spouse of a foreign national who was born in what is now the CNMI between Jan. 1, 1974 and Jan. 9, 1978 (also known as a stateless individual).

USCIS’ Thanksgiving announcement said this kind of parole will allow these individuals to maintain legal status in the CNMI until Dec. 31, 2012.

With the expiration of umbrella permits on Nov. 27, 2011, these individuals may not have another option under U.S. immigration law.

USCIS said it will soon release guidance for applying for this kind of parole, and encourages people to continue checking www.uscis.gov/cnmi for updates on the latest guidance.