FEDERAL TAKEOVER Transition period would harm NMI economy

Emphasizing that the CNMI would like to maintain local control of its immigration and labor functions, Gov. Pedro P. Tenorio has expressed concern on the adverse impact on the island economy of the transition period under the federal takeover proposal.

Although the Immigration and Nationality Act nonimmigrant visa categories will apply during such time, Tenorio said majority of the workers in the CNMI’s apparel and tourism industries will still not be accommodated.

Tenorio’s concerns were contained in a detailed position paper submitted by the Commonwealth against a measure proposed by U.S. Sen. Frank Murkowski, chair of the Committee on Energy and Natural Resources. The CNMI position paper was also signed by CNMI Resident Representative to Washington Juan N. Babauta, Senate President Paul
Manglona and House Speaker Diego T. Benavente.

Under SB 1052, the U.S. Attorney General shall determine and publish minimum standards necessary to ensure an “effective system of immigration control” for the CNMI.

However, the bill does not provide any guidance to the Attorney General as to what constitutes “an effective system of immigration control.” In the absence of any standards, it is a forgone conclusion that the AG will be inclined to establish standards that will guarantee federal takeover of the CNMI’s immigration laws regardless of what the Commonwealth has achieved, said Tenorio.

If the AG eventually determines that the CNMI possesses neither the “institutional capability” nor the genuine commitment,” the proposed legislation provides for a maximum of 10-year transition period to full implementation of the INA to the Commonwealth.

“In reality, the length of the transition period is entirely within the control of the Administration officials and could well be as short as a year or two,” said Tenorio.

Although the transition provision allows for a new category of nonimmigrant alien worker to cushion any drastic effect of such change, the intent could easily be subverted, he added.

“Maximizing U.S. resident employment in the CNMI should be one consideration, but not the sole factor at the expense of the health of our economy or livelihood of our community,” said Tenorio.

When the bill is passed, there would be massive dislocation of guest workers from the Commonwealth which could begin in less than one year after the transition begins and would also affect resident workers.

Tenorio said the CNMI is particularly concerned that it is not permitted to give input into the process or any appeal from the decision of the U.S. Secretary of Labor’s decisions regarding the number of terms of the temporary worker permits or special immigrant visas under the transition period.

After the transition, the bill would prevent the use of guest workers from the Philippines where majority of the workforce come from. “Cutting off the possibility of obtaining workers for professional, skilled or unskilled positions from one of the closest potential areas with available workers would severely affect the CNMI’s economy,” Tenorio said.