Chambers conference in CUC’s, affected CW-1 workers’ lawsuit set

U.S. District Court for the NMI Chief Judge Ramona V. Manglona yesterday set a chambers conference for today, Thursday, in the Commonwealth Utilities Corp.’s and its 13 foreign workers’ lawsuit against U.S. Department of Homeland Security Secretary Jeh Charles Johnson and others over the CW-1 cap.

Manglona ordered the parties in the case to appear for a chambers conference at 9am.

Manglona set the chambers conference after the parties, through attorney James Sirok, counsel for CUC and its 13 foreign workers, made such request to discuss with the court new developments related to their motion for a temporary restraining order.

Sirok also informed the court about the parties’ intent to convert the proceedings to a motion for a preliminary injunction.

Sirok earlier stated that the court’s ruling on their lawsuit will be applicable to the thousands of CNMI-only Transitional Worker (CW-1) workers and their employers who are also affected by the CW-1 cap system.

In CUC’s and its foreign workers’ memorandum in support of a motion for TRO, Sirok said it is common knowledge within the community, and the CNMI in general, that the CW-1 work force is a necessary component to the livelihood of the CNMI’s economy.

Sirok said while CUC and its affected CW-1 workers bring this lawsuit on their own behalf, and not as a class action, the court’s ruling on their request for injunctive relief, as well as on the underlying merits of the case, will be applicable to the thousands of CW-1 workers and their employers who are currently in the same positions.

Sirok asked the court to enter immediate injunctive relief and a TRO allowing CW-1 plaintiffs to immediately return to work or continue to work whatever the situation may be.

Following the parties’ request for approval of briefing schedule, Manglona earlier set the TRO hearing for Aug. 12.

CUC and its 13 foreign workers affected by CW-1 cap setting system are suing Johnson, U.S. Immigration and Customs Enforcement Director Sarah R. Saldana, and U.S. Citizenship and Immigration Services Director Leon Rodriguez.

Sirok alleged that the failure of USCIS to make a determination on the CW renewal petitions violates the Administrative Procedure Act.

Sirok alleged that plaintiffs have suffered a legal wrong because of the conduct of defendants DHS and USCIS in setting the annual CW-1 caps for fiscal years 2013 through 2016.

Sirok said CUC will be adversely affected by the loss of these CW-1 workers in its ability to maintain and operate its power generation facilities on Saipan, Tinian, and Rota.

Sirok asked the court to declare that the failure of USCIS to render a determination on the CW-1 renewal petitions for the 13 workers was unlawful, contrary to law and in violation of plaintiffs’ constitutional rights.

CUC employs over 300 workers, including 42 nonresident workers.

Sirok said the foreign workers’ work force within CUC is an essential and necessary work force needed for the utility to provide power, water and wastewater utility services to the CNMI.

DHS set the CW-1 caps for FY 2013 at 15,000 and for FY 2014 at 14,000. For FYs 2015 and 2016, the caps were set at 13,999 and 12,999, respectively.