Refugee protection policy adopted—finally

After four months of review, the Commonwealth government has finally adopted immigration regulations for the protection of international refugees.

The adopted policy includes substantial, clarificatory, and stylistic amendments to the proposed regulations originally published in the Commonwealth Register in May, and the revised version printed last June.

The modifications were made based on recommendations from the U.S. Citizenship and Immigration Services, the U.N. High Commissioner for Refugees, and two private individuals.

Unlike the draft policy, the adopted regulations allow a qualified interpreter to be present in the screening interview and provide for a review procedure after it has been determined that a refugee applicant’s claim is clearly unfounded.

The regulations extend the deadline for filing an initial application to 10 days, as opposed to the proposed three days.

“The Commonwealth notes that filing the application formally enters the alien into protection proceedings, ensuring that he or she will be able to apply for temporary work authorization at the earliest possible date. Therefore, it is in the applicant’s best interest to file as early as possible,” said the Attorney General’s Office. “However, the Commonwealth agrees that applicants should be provided with enough time to accurately describe their claim.”

The government has also relaxed the restrictions governing filing of an amended application by allowing for extensions.

The importance of eliciting information at the hearing was emphasized. More specific information was provided regarding the effect of an approved application. “In case of a grant of protection, the applicant shall not be removed to the country where the applicant would more likely than not be persecuted or tortured,” a provision of the regulations read.

The adopted regulations also provide an additional mechanism for reopening a denied refugee protection case, based on new or previously unavailable evidence.

Further, the policy clarifies that work authorization is available for applicants pending a hearing and for grantees, as well as for applicants with pending appeals.

The AGO maintained, however, that comments or suggested changes inconsistent with Public Law 13-61—which establishes the CNMI’s refugee protection program—or any Commonwealth law were not incorporated in the regulations.

One such comment concerned mitigating factors against the removal of a refugee to a third country. The commenter recommended that factors such as the applicant’s language, skills, work experience or ties to the Commonwealth be considered as potential mitigating factors before an alien is sent to a third country.

The AGO noted that there is no provision under CNMI law to consider these factors. Therefore, no amendments were made based on the comment.

Another issue concerned the right of grantees to travel. One commenter noted that the 1951 Convention Relating to the Status of Refugees requires that states issue grantees travel documents unless “compelling reasons of national security or public order otherwise require.”

The AGO said that at this time, the CNMI does not issue travel documents. Grantees, however, will be able to obtain re-entry letters that permit them to return to the Commonwealth.

The original proposed regulations were published in the Commonwealth Register’s May 24 issue. A revised version was printed in June to include recommendations made by the U.S. Immigration Services and the U.S. Department of Homeland Security.

The scheduled adoption of the regulations was delayed in July and again in August, upon the request of the U.N. High Commissioner for Refugees and the U.S. Citizenship and Immigration Services.

The regulations on persons seeking refugee protection aim to implement P.L. 13-61, which requires the Office of the Attorney General to promulgate rules and regulations enforcing the U.N. Convention Relating to the Status of Refugees and the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The United States is a signatory to both international conventions and treaties. Pursuant to Section 102 of the Covenant, the CNMI is required to conform to such forms of treaties.