Faisao pushes for approval of FAS migration bill

Saying it is “urgent and necessary,” a proponent of a bill restricting the stay of Freely Associated States citizens in the Northern Marianas has vowed to push the legislation during the few session days left before the current Legislature adjourns.

Rep. Melvin O. Faisao, chair of the House Federal and Foreign Relations Committee, underscored the need to vote on the measure now in light of the developments on the ongoing talks on Compact renegotiations.

He said some provisions in the agreement forged between the United States and FSM, Marshalls and Palau governments can’t be enforced in the CNMI since it controls its own immigration.

“I hope this Legislature acts on the bill immediately because we need this now at this time of economic difficulties,” Mr. Faisao said in an interview. “Our resources are severely strained, while the federal government is reneging its commitment to reimburse us the impact costs.”

Sponsor of House Bill 11-294 or the FAS Habitual Residency Act, the representative failed to get fresh mandate in the last elections and is worried that his departure next month may spell the death of the proposal.

Two House committees, Federal and Foreign Relations as well as Labor and Immigration, have endorsed the measure which members considered “reasonable, timely and fair” despite protests from Micronesian governments.

Introduced in September last year, it is the first attempt by the government to address mounting problems spawned by the unrestricted entry of peoples from neighboring islands as part of the Compact provision which allows them to freely migrate to the U.S. and its territories.

While the CNMI encourages positive community participation by FAS citizens on the island, the government has no policy on their habitual residency to deter and discourage the abuse of such status, such as those engaging in criminal activities or becoming a public charge.

Under the proposed law, the island government will screen these people to determine their eligibility under a list of requirements, including criminal records and health standards.

It will also restrict free entry to FAS citizens who are not full-time students, lawful dependents of a gainfully employed relative or active members of the U.S. Armed Forces.

According to Mr. Faisao, the bill reflects recent federal court rulings categorizing them as non-immigrants and thus, they are not eligible to receive assistance from the CNMI such as housing, education, medical and food stamps.

He said, however, that if they become habitual residents on the island, FAS nationals will be provided these benefits in the absence of such regulations by the local government.

Mr. Faisao also maintained that he does not understand why CNMI has to await new federal regulations before enacting the proposed law when the Commonwealth controls its own immigration.

Talks between Washington’s special Compact negotiator Allen P. Stayman and the respective representatives from FSM and Marshalls have focused on the immigration issue, although negotiations involved economic assistance to their islands as this Compact provision will expire by 2001.

The federal government is proposing enforcement of U.S. immigration requirements, such as visas and passports, to ensure that FAS citizens migrating into the country and its territories are not in the list of those prohibited for entry.