Jones: Reduce 45-day stay of aliens with expired contracts

Allowing nonresident workers to stay on the islands for another 45 days following expiration of their employment contracts open doors of opportunities for them to remain in the Northern Marianas without valid immigration papers, according to Rep. Dino M. Jones.

This, as Mr. Jones begin exploring possible ways to continue giving nonresident workers, whose contracts were not renewed by their employers, enough time to look for another job while curbing any increase in the number of overstaying aliens.

Mr. Jones pointed out that nonresidents who continue to stay on the islands in the absence of an employment contract becomes a liability to public coffers since their deportation expenses would have to be shouldered by the government once caught staying in CNMI illegally.

“It is not clear who is the party responsible for their repatriation to their country of origin once the employment contract expires and they continue to stay in the CNMI beyond the 45-day period,” he told reporters.

He also mentioned that some of these workers eventually find unscrupulous employers who hire them without the legally-required processing at the Department of Labor and Immigration which may cost the CNMI government thousands of dollars in lost revenues.

Mr. Jones explained that these underground workers do not pay income taxes while their employers are practically relieved of the responsibility to pay $225 per nonresident as fee for the processing of their employment contract with the DOLI.

The congressman chairs the House Committee on Judicial and Governmental Organizations which currently reviews a proposed measure that seeks to refine existing functions by the labor and immigration department, as well as other legislation that relate to the employment of nonresidents in the CNMI.

However, Mr. Jones said there may still be ways to allow nonresidents to enjoy the 45-day grace period to look for a new employment but they should be required to purchase their own repatriation bond since the insurance paid for in their expired contract may be expiring with it.

He also suggested legislating a labor policy that would require employers or their nonresident workers to provide a 30-day notice prior to the termination of the employment contract to allow either parties to look for replacement.

Mr. Jones added that while employment contracts include the provision on the advance notice of termination, a big number of companies and workers do not comply with it which may necessitate legislation of the measure.

“Some people need a little tapping on the back to remind them that there are rules and regulations they need to comply with and a legislative measure may well address these concerns,” he said.