Why I want a 180-day delay

On Feb. 10, I sent a letter to Janet Napolitano, the Secretary of the Department of Homeland Security, asking for a 180-day delay in the extension of federal immigration law to the Northern Mariana Islands. Public Law 110-229 gives Secretary Napolitano the sole discretion to authorize a 180-day delay. I want to take this opportunity to explain the reasons for requesting this delay.

First, a delay will allow time to get appropriations for FY 2010. The Department of Homeland Security estimates the total resources required to establish border controls in the Northern Marianas to be $97 million over the next two years. Congress has made no appropriations for this purpose as yet. DHS has said that it can do a “quick and dirty” stand up. However, such a plan may not meet the congressional intent of effective border control. Furthermore, the points of entry created in this way would lack the technological capacity necessary to allow for tourists from China and Russia to continue to be included in the Northern Marianas’ tourist economy. And, more than that, I believe the people of the NMI deserve better than a “quick and dirty” job.

Second, while PL 110-229 leaves key aspects of federalization to DHS to specify through regulations, nine months after enactment DHS has only published one set of regulations. The lack of certainty is already having a negative effect on our economy, and on our society, as employers, employees, and families try to react to the yet-nonexistent regulations that will affect them. Some say just move ahead with federalization on June 1, but I believe that the uncertainty created by this lack of regulations undermines the statutory requirement for an “orderly” phasing in of federal immigration law and the statutory requirement that federalization not unduly harm our economy.

Finally, the delay will provide needed time to identify any groups not considered by PL 110-229 and find administrative and statutory solutions to the problems caused by this lack of consideration. For example, the Department of Homeland Security has stated that some IRs of our families will be eligible to live and work in the NMI under their NMI-issued permits—but will not be able to leave and then re-enter the NMI without a separate Department of State-issued visa. And yet these two agencies have yet to work together to make sure these visas are available. Circumstances of life in the CNMI mean sometimes leaving the islands—for medical emergencies, for example. It would be bad for the economy and bad for our families if mechanisms are not in place to allow for someone needing medical care in Manila to return to their families and their jobs in the NMI. We need time to work with agencies to ensure these mechanisms are in place before federalization begins.

I believe Secretary Napolitano should grant the 180-day delay for the largely political reasons I’ve discussed above. But immigration is not just a political issue for me. It is personal. Immigration is about our island community—neighbors, friends, and family.

Congress stated in PL 110-229 that federalization would be “orderly” and would not unduly harm our economy. I believe that to be a statutory promise to our island community. To me the strongest reason for a 180-day delay is to make sure this promise to our island community is fulfilled.