Labor orders deportation of worker

A man faces deportation after the CNMI Department of Labor discovered that he had used a fake federal labor document that allowed him to continue working in the Commonwealth.

CNMI Labor hearing officer Herbert D. Soll declared that Song Yongming has no legal basis to remain in the Commonwealth, referring the matter to the Immigration Division for appropriate action.

Soll declared void a CNMI Labor memorandum legitimizing Song’s right to seek work and be employed in the CNMI.

In a Nov. 9, 2005 administrative order, Soll disclosed the discovery by the CNMI Labor Department that Song had presented a false U.S. Department of Labor letter advising the local counterpart that the worker had filed a federal labor case.

The false letter requested the CNMI department to allow Song to remain in the CNMI until his allegations were investigated.

Citing the unchallenged testimony of CNMI Labor investigator Barry Hirshbein, Soll said Song did not actually file a complaint with the U.S. Department of Labor and the letter of request the worker had presented the government was not actually prepared or issued by the federal labor department.

Soll noted that the letter was written on the letterhead of the U.S. Department of Labor.

“An agreement between the Commonwealth and the U.S. Labor Departments allows complainants to remain in the Commonwealth while their federal cases are pending and to hold temporary employment during that time,” Soll said.

“The Commonwealth Department of Labor, relying on the information contained in the false letter, issued a memorandum legitimizing Song’s right to work and to be employed by any eligible employer,” he continued.

Song used to be employed by a garment firm from 2001 until he left the company in October 2003. The worker’s last work permit expired in May 2004. Before the expiration of that permit, Soll said the worker paid an agent, Zhou Ying, to secure labor documents that would allow him to seek work with another employer.

It appeared, though, that Zhou has been convicted of a criminal offense for his part in producing Song’s false federal labor document and in similar transactions. Soll said Zhou has been deported since then.

“The request that Song Yongming be sanctioned in the form of a permanent disqualification from further employment in the Commonwealth will not be granted because the facts give rise to a presumption that Song had no criminal intent and merely relied upon Zhou Ying,” ruled Soll.

“Song Yongming does not speak English. He claims that he went to Zhou Ying for help with his employment problem. Zhou is the person responsible for producing the fraudulent letter. Song denies any personal knowledge of the illegality connected with the transaction,” he added.

Nevertheless, Soll declared that Song’s presence in the CNMI is contrary to law. He said the false federal labor letter was void from its inception and did not bestow any right or privileges on Song.