DHS proposing three regulation amendments for federalization

The U.S. Department of Homeland Security is proposing to amend its regulations to allow CNMI employers to be permitted during the federalization transition period, along with the creation of a new E2 CNMI investor classification and a CNMI-only transitional worker program.

DHS, in its latest semiannual summary of all current and projected rulemakings, reviews of existing regulations and completed actions, said the temporary provisions creating a new E2 CNMI investor classification and CNMI-only transitional worker classification are “necessary to reduce the potential harm to the CNMI economy before these foreign workers and investors are required to convert into U.S. immigrant or nonimmigrant visa classifications.”

Public Law 110-229 or the Consolidated Natural Resources Act applies federal immigration to the CNMI originally set for June 1, 2009, but was extended to Nov. 28, 2009.

Although the CNMI is subject to most U.S. laws, the CNMI has administered its own immigration system under the terms of its 1976 Covenant with the United States.

The full texts of the proposed regulations, however, have yet to be published.

DHS defines a CNMI-only transitional worker as “an alien worker who is ineligible for another classification under the Immigration and Nationality Act and who performs services or labor for an employer in the CNMI.”

It said the new CNMI-only classification will be in effect for the duration of the transition period.

“This proposed rule will also establish employment authorization incident to this status,” said DHS.

The third proposed rule implements various provisions of the CNRA by removing reference to the CNMI as a territory or possession of the United States and inserting “CNMI” in all references to the geographical “United States.”

DHS said this rule also “proposes that employers in the CNMI be permitted for employment eligibility verification purposes to accept certain CNMI-issued documents as evidence of both identity and work authorization for a two-year period starting from the Transition Program effective date.”

“This rule further proposes to specify that the provisions of section 208 and section 209(b) of the Immigration Nationality Act shall not apply to persons present or arriving in the CNMI during the transition period,” DHS said.

It added that the rule proposes specifications to the inspection, admission and/or removal of aliens as it pertains to referral to an immigration judge in the CNMI during and after the transition period.

“These conforming regulations are necessary to ensure proper implementation of and regulatory compliance with the statute,” said DHS.