‘Permanent residency bill premature’

The Fitial administration played down yesterday a bill that would create a new immigration status for long-time foreign workers in the Commonwealth, even as alien workers’ groups rallied behind the passage of the measure.

Press secretary Charles P. Reyes Jr. said it is premature to come up with an improved immigration status for alien workers. He added that any such status given by the Commonwealth now will be rendered moot once Washington takes control of local immigration.

“We’re not sure how effective this bill would be if the federal government takes over. It might be struck down,” Reyes said.

The bill to be prefiled in the House of Representatives proposes to allow long-time foreign workers to stay and work at will in the Commonwealth for five-year periods.

A foreign worker is eligible for a “resident foreign national entry permit” if he or she has lived legally in the CNMI for at least five years and has met character requirements. A resident foreign national entry permit is valid for five years and may be renewed.

Reyes said the administration would take its cue from the local community on how to treat this proposal. At this point, he said, there seems to be no clear consensus in the community on whether to grant more permanency to long-time guest workers, who are currently bound by one-year contracts.

Reyes also expressed doubt the bill will get past the Legislature. He said there is no indication that the bill has strong support from members of the House of Representatives or the Senate.

“Maybe we [administration] won’t even have to consider it,” he said.

Strong support

Alien workers’ groups, however, have expressed strong support for a bill, saying it would not only help long-time foreign workers but also their employers.

Human Dignity Movement president Jerry Custodio told Saipan Tribune that they are very happy with the bill and thankful to Rep. Tina Sablan and co-authors Heinz Hofschneider, Edward Salas, and Victor Hocog for coming up with the measure.

“We hope for its immediate passage and enactment. We hope and pray that it will be supported by Tina Sablan’s colleagues,” Custodio said.

Coalition of United Guest Workers (CNMI), a newly formed association composed of alien workers of different nationalities, has also stepped forward to offer its full support for the bill.

Coalition interim president Irene Tantiado, in an interview with Saipan Tribune, said that during their third meeting yesterday, group agreed to throw its support behind the bill.

“At this point, the bill looks promising,” said Tantiado, citing that the measure would grant some relief to guest workers in terms of security.

She also mentioned, among other things, that the bill would help the employers as it would not require them to pay the annual processing fees and other things.

“Then you can bring your families. It’s very friendly to guest workers,” Tantiado added.

Dekada Movement legal counsel Stephen Woodruff earlier stated that federalization and the initiative for long-term resident status for aliens can go hand-in-hand.

Woodruff said the initiative will provide the CNMI with a stable workforce and a fair, more just system of foreign contract labor to supplement the local workforce.

He said that if federalization happens, this initiative is one of the important steps for the CNMI to make the transition process become smoother.

Benefits of bill

Representatives Tina Sablan, Heinz Hofschneider, Edward Salas, and Victor Hocog are sponsoring the proposed legislation.

The bill does not offer permanent residency, resident status, citizenship, or nationality to “resident foreign nationals.” People granted the new status would still be considered aliens for immigration purposes, and are subject to deportation.

However, they would able to live and work at will in the Northern Marianas in the same manner as a permanent resident. They would receive employment preference over other foreign workers. They can change employers freely. They can operate a business, be self-employed, and employ other foreign workers. They can bring immediate family members into the Commonwealth for the validity of their permit.

One tradeoff is that resident foreign nationals will no longer receive certain mandatory benefits such as 100-percent medical insurance coverage. They will have to negotiate such benefits with their employers.

At-will employment

Sablan said the proponents of the bill are aware the federal law would supersede all local immigration laws once “federalization” occurs. She said the bill would stabilize the CNMI labor force in the meantime.

Even if the federalization bill is signed into law, the U.S. government will not immediately remove local labor and immigration controls. In the year following enactment of federalization, implementing regulations will be promulgated. Meantime, CNMI labor and immigration laws will still apply.

Sablan said that at-will employment for foreign workers has many other benefits. It will relieve the administrative, processing and enforcement burdens on the Department of Labor, and stabilize a segment of the labor force that is critical to the CNMI’s economic recovery.

Local business will not be required to pay annual permit and processing fees and await the issuance of entry permits, or comply with extensive regulatory burdens. Workers will benefit as they can freely change jobs if their employment arrangements are unsatisfactory.

Further, resident foreign national status will promote a higher wage structure, improved working environments, and increased productivity for both citizen and non-citizen workers in the Commonwealth, said Sablan.