Govt tried to grant foreign students jobs in CNMI

The Attorney General’s Office tried to allow foreign students to work in the CNMI but eventually dropped the plan because it would be inconsistent with another law, acting immigration director Antonio P. Sablan said in his testimony in federal court Friday.

According to Sablan the Attorney General’s Office, which oversees the immigration division, drafted an emergency regulation that would allow foreign students to come in and work in the Commonwealth.

He said he was personally against the plan, which was introduced in early August 2003, because it was contrary to the existing regulation.

At the same time, he said that it would pose a big immigration problem for the CNMI.

During direct examination by assistant U.S. Attorney Patrick Smith, Sablan also cited the CNMI’s moratorium on the entry of new foreign workers for certain job categories.

“The CNMI government needs to control the flow of foreign workers…it (proposed amendment) died early,” said Sablan.

Sablan claimed that the proposed plan was not discussed with Saipan University representatives who at that time were actively pursuing to get student permits for a study and work program.

SU founder Soon Kyung Park is currently on trial at U.S. District Court for alleged fraudulent acts in connection with his operation of SU.

Sablan said that almost all institutions offering a post secondary education such as the Northern Marianas College, Eucon International College, and International Business and Professional College had approached his office for a possible grant of work permits to foreign students.

“I was against it,” Sablan said.

During a cross examination, Park’s lawyer Joseph Arriola focused on the draft amendment, pointing out that the government itself had seen loopholes in the existing foreign student program regulation, known as 706H.

But Sablan said that, “there’s no mention in the provision that students can work.”

“But it does not address squarely work study issue,” Arriola noted.

When pressed further, Sablan maintained that the current regulation “clearly prohibits employment of foreign students.”

The director said that the proposed amendment did not prosper partly because it would infringe on the Nonresidents Act.

“If a student is non-U.S., he or she must comply with other laws such as the Nonresidents Act,” said Sablan.

Arriola went back to the proposed amendment, which he said, cites that “public interest requires the amendment of 706H.”

The lawyer said that the amendment would aptly address foreign student permit employment.

Arriola further cited that the proposed emergency regulation was being rushed “in time for this coming school year” which was fall 2003.

“Was it for the Pacific Gateway?” Arriola asked Sablan, referring to NMC’s foreign student program called Pacific Gateway project.

The Gateway program, which has not been implemented as planned up to now, was originally projected to start as early as last fall.

Sablan in response said it was not just for NMC. “This is applicable to all institutions if adopted.”

Sablan agreed that the proposed amendment was “more detailed” than 706H.
In a re-direct examination, Smith had made Sablan state that the proposed amendment was signed by acting AG Clyde Lemons Jr. on Aug. 4, 2004 but it had no concurrence by Gov. Juan N. Babauta.

Smith had Sablan testify that one of the reasons the proposal was dropped was its contradiction with another law and therefore “it’s a bad idea.”

Smith had also pointed out that the defendant had been telling students about a work study program in CNMI as of April 2003.

Park brought some 100 Chinese students in September and October 2003 to Saipan, who each paid some $5,000 up to $10,000, including a $3,550 tuition.

Park allegedly signed contracts with the students indicating that they would be able to work in the Commonwealth.

Sablan had testified that from the very beginning, his office was doubtful about SU’s application to bring in students from China.

Sablan, however, admitted that he recommended SU’s approval for a learning designation status from the AGO.

SU received the designation status in late August 2003, he said.

Sablan said that he denied 44 of the 135 applications for authorization to board submitted by SU.