2 alien workers facing deportation

Two nonresident workers are facing possible deportation for failing to leave the CNMI months after their transfer deadline expired.

In an Oct. 29 order, hearing officer Cinta Kaipat permanently barred Shi Gang Jun from gaining employment in the Commonwealth and referred the worker to the Division of Immigration for deportation proceedings.

Another worker, Liu Hai Hua was given 20 days to leave the CNMI. He will also be referred to Immigration if he fails to depart within the 20-day period.

Mirage Saipan Co. Ltd. filed permit applications to hire both workers on April 2, 2004. The Division of Labor denied the applications after it found out that each nonresident was supposed to have left the CNMI months ago.

A review of Shi Gang Jun’s employment history showed that he filed a labor case against his former employer on Aug. 5, 2003 alleging that he was unlawfully terminated. The parties settled the case and signed a settlement agreement approved on Aug. 26.

As part of the settlement, Shi Gang Jun was allowed to seek a transfer employer within 45 days. In return, he agreed to depart the CNMI voluntarily if he does not find a suitable transfer employer before the Oct. 14, 2003 deadline.

Fourteen days before the transfer deadline, Shi Gang Jun filed a second labor complaint regarding the same employer’s food, drinking water, working environment, and lodging situation.

The second complaint was dismissed on the ground that he was no longer an employee of the company; therefore, he was not in the position to complain about living and working conditions at his former place of employment.

Because no employment contract was submitted for him as of the Oct. 14 deadline, Shi Gang Jun “lost his work and immigration status to remain in the Commonwealth,” Kaipat said.

However, Shi Gang Jun apparently ignored the settlement order in which he agreed to leave if he failed to find a new employer by Oct. 14. He also ignored the order that dismissed his second labor case and ordered him to depart the Commonwealth.

During a hearing on Oct. 27, 2004, it was found that Shi Gang Jun was already working for Mirage without even a “conditional grant of transfer.”

“[Shi Gang Jun] should be permanently barred from entering the Commonwealth for employment purposes and should be referred immediately to the Immigration Division of the Attorney General’s Office to commence deportation proceedings,” Kaipat said.

She also imposed a $200 fine against Mirage for allowing Shi Gang Jun to work without a “conditional grant of transfer.” “Mirage Saipan Co. Ltd. is warned to follow CNMI Labor laws in the future or more severe actions may be brought against the company,” she added.

Worker Liu Hai Hua committed basically the same violation as Shi Gang Jun did.

On Oct. 1, 2003, hearing officer Jerry Cody approved a settlement agreement between Liu Hai Hua and Mirage. As part of the settlement, Liu Hai Hua was granted 45 days to find a suitable transfer employer. He also agreed to depart the CNMI voluntarily if he failed to meet the deadline.

On April 2, 2004, over four months after the transfer deadline expired, Mirage filed an application to re-hire Liu Hai Hua.

“Liu Hai Hua should be ordered to depart the CNMI and should be barred from returning to work in the Commonwealth for two years from the date of his departure,” Kaipat said.