Faisao says FAS bill to go ahead

The chair of the House Federal and Foreign Relations Committee yesterday junked an appeal from the Office of the Insular Affairs to withhold action on a legislation restricting the stay of Micronesians in the CNMI, saying the government must move ahead with its plan.

Rep. Melvin Faisao also assured that the pending bill is patterned after the forthcoming policy of the Immigration and Naturalization Service on the migration of citizens from the Freely Associated States which will not be applicable to the commonwealth.

In a letter to House Speaker Diego T. Benavente, the representative expressed concern over a request from OIA Director Allen P. Stayman to hold off CNMI action on the measure which is set to be discussed in a public hearing on Monday.

House Bill 11-294, sponsored by Faisao, seeks a mechanism by which the island government can limit the stay of FAS nationals here to those habitual residents who are either employed or attending school full-time.

The proposal comes in the wake of the new INS regulations regarding FAS habitual residency which the federal government hopes to implement within in the next few months.

Stayman had told Benavente in a recent letter that the CNMI government should wait the completion of the federal regulations to avoid potential conflict and constitutional issues.

But Faisao maintained the local legislature must adopt a new policy on FAS migration in light of potential impact of the new regulations as CNMI controls its own immigration standards.

“The CNMI need not wait to adopt its statutory version,” he said, noting the legislative proposal is similar with the federal version “but we have added on others that would give ‘teeth’… to our statute.”

According to the lawmaker, while his proposal is consistent with the new federal policy, the CNMI government will seek other requirements from FAS citizens, such as the need for them to report to local authorities as well as deportation provisions.

He said these steps do not pose any constitutional impediment, adding they are meant as “procedural safeguards” to protect individual rights.

Faisao underscored the provisions of the Compact of Free Association forged between the United States and the Federated States of Micronesia, Marshalls and Palau which have granted their people to migrate freely into American soil.

Once FAS citizens enter into the CNMI, they are accorded rights as provided under local and federal laws, but this does not mean that they assume the rights of citizenship, he said.

“They may still be deported and upon entry, they may be excluded under the proposed legislation if, say, they are drug offenders, have communicable diseases or are convicted felons,” Faisao added.

The bill, pending since middle of last year, is expected to be deliberated by the House once public hearings are conducted on Saipan, Tinian and Rota, according to members.

This will be the first attempt to change the open migration policy for FAS in a bid to lessen their impact on local infrastructure and resources, which has been worsened by Washington’s failure to reimburse the costs of hosting thousands of Micronesians as agreed upon in the Compact.