Legislative fix for IR parole

Legislation could save the status of 2,000 workers affected by the termination of the CNMI parole program last week.

U.S. Citizenship and Immigration Services has already given a a 180-day period—or until June 2019—to those affected to transition or seek other legal status; otherwise they will need to leave the CNMI for good.

Those affected by USCIS’ decision to discontinue the program are immediate relatives of U.S. citizens and other stateless individuals, CNMI permanent residents and their immediate relatives, immediate relatives of citizens of Freely Associated States (the Federated States of Micronesia, the Marshall Islands, and Palau), and caregivers of CNMI residents.

In a message to Saipan Tribune over the weekend, Gov. Ralph DLG Torres said he was updated by USCIS on the issue late Thursday evening. He is currently spending the holidays with his family in Boise, Idaho. “[USCIS] emphasized permanent legislation is needed that will give [those affected] the security.”

“This announcement by USCIS regarding the termination of humanitarian parole for immediate relatives of U.S. citizens is unfortunate and underscores the need for a legislative fix by [the U.S.] Congress,” he added in a separate statement.

Prior to USCIS’ decision, Torres had written U.S. Department of Homeland Security Secretary Kirstjen Nielsen to emphasize the importance of the program not only for the CNMI economy but for the entire community.

“We understood that there would be difficulties dealing with saving this program, but we did our very best to advocate for people who have called these islands home and who have contributed tremendously to our progress,” Torres said.

He added that USCIS officials talked to him last Friday to discuss the transitional policy while also adding that they would work with his administration and Delegate Gregorio Kilili C. Sablan (Ind-MP) for a legislative fix. “We stand ready to support our Delegate [Sablan] in making sure this [legislation] moves forward.”

In a separate statement, Sablan said those affected by the program’s termination have 180 days to apply to stay in the CNMI during the transition. “It’s not automatic. The extension must be applied for. And [USCIS director L. Francis Cissna] said, so far, they have received about 500 applicants. So, I encourage anyone who has parole now to move quickly to get an extension.”

Cissna, in a letter to Sablan, cited Executive Order 13767—Border Security and Immigration Enforcement Improvements—that was signed last year by President Donald J. Trump as the reason for the USCIS decision. “Pursuant to this EO, I have conducted a review of USCIS categorical parole programs. As part of that review, I considered the CNMI categorical parole programs, and determined that these programs represent a broader implementation of the parole statue than is appropriate.”

EO 13767 was issued on Jan. 25, 2017, where it instructs the DHS to “take appropriate action to ensure that parole authority…is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.”

USCIS spokesman Michael Bars, in an email to the Saipan Tribune, added that they and DHS based their decision on EO 13767. “As part of USCIS mission of properly administering our nation’s lawful immigration system, USCIS has discontinued the ability of individuals to receive parole under the CNMI program guidelines.”

“Instead, [U.S.] Congress should work to address the immigration status of this population. Importantly, affected individuals will be given a transitional parole period to seek any other immigration status or relief for which they may be eligible. USCIS will continue to consider individual applications for parole fairly and efficiently on a case-by-case basis in accordance with all applicable laws, policies, and regulations,” added Bars.