Fitial wants USCIS to rid CNMI of illegal aliens

Besides saying that he might file a lawsuit to stop U.S. Citizenship and Immigration Services from granting new parole, Gov. Benigno R. Fitial also wants USCIS to rid the CNMI of “illegal aliens,” many of whom he said could be among those eligible for the parole that USCIS announced last week.

“I will not allow this continuing parole to allow burdens, illegal aliens to stay another year. Kilili came out and said the governor should have a heart. Yeah, I have a heart for my people. Where does his heart belong? My people are suffering because they cannot get jobs because the burdens continue to proliferate (sic) their illegal employment,” the governor said.

But USCIS said the grant of parole is on a “case-by-case basis,” and eligible individuals have to apply for this kind of parole. Those eligible parents of U.S. citizen children, among other things, need to be “legally present and reside in the CNMI as of Nov. 27, 2011.”

USCIS has yet to issue instructions how to apply for such parole.

Fitial, who marked his 66th birthday yesterday, also said there’s “pressure” on USCIS to consider granting certain nonresidents parole until Dec. 31, 2012.

The governor, now president again of the CNMI Republican Party, said the pressure comes from U.S. Senate staffer and former Interior official Allen Stayman and others who pushed for the Consolidated Natural Resources Act or the law that placed CNMI immigration under federal control.

“There’s pressure on USCIS and I can tell you where these pressures are coming from. These are the same players that originated and concocted the CNRA, the federalization legislation,” the governor said in an interview.

Attorney general Edward T. Buckingham, meanwhile, confirmed yesterday that the governor has requested the Office of the Attorney General “to review the status and legal issues related to the USCIS not completing a case-by-case review by Nov. 27, 2011.”

“This review is underway,” he said.

Buckingham also said that the conclusions, legal analysis, and options will be presented to the governor pursuant to his request. He said such materials are covered by attorney-client privilege and are not subject to public disclosure.

“Additionally, given that this matter may involve potential litigation, further public comment from the AGO is not appropriate at this time,” he added.

Some nonresidents eligible for the new USCIS parole said yesterday that they hope Fitial will not block USCIS from granting them parole.

“Every night, we also pray for the governor,” said one of the nonresidents participating in a peaceful vigil at the Occupy USCIS tent in Garapan.

Fitial said he has a “heart,” responding to a statement earlier made by Delegate Gregorio Kilili C. Sablan (Ind-MP).

“I want the people to understand that I have a heart but my heart goes out to my people first. So if Kilili doesn’t have a heart for his own people who voted for him into office, then he got to check his heart doctor,” the governor said.

In an interview with reporters, Sablan said he hopes that Fitial would find it in his heart on “to acknowledge that these are families we are trying to help. The holidays are here. Christmas is coming and we need to open our hearts and find in our hearts that this is the right thing to do.”

Sablan, on his way back to Washington, D.C., said the people he’s trying to help with his H.R. 1466 are U.S. citizens who happened to have non-U.S. citizen immediate relatives.

But Fitial asked, “Right. Does the federal law allow that? There’s a federal law that disallows that. He’s in Washington, so he should know the federal law.”

The governor, who sued the federal government over federalization, said USCIS should “do their job to implement [Public Law] 110-229 to get rid of the burdens, to get rid of the illegals so that my people can avail of the employment opportunities that are now being occupied by these illegals.”

Fitial said USCIS’ decision is “not right because they have to review cases and then make determinations. But they are waiting for another year to do their job that’s why my message to them? ‘Do your job now. Why wait another year?”

The governor reiterated that he will set up a meeting with USCIS Director Alejandro Mayorkas when he goes to Washington, D.C. in February for a National Governors Association meeting.

“February is only a few months (away), but I’m going to try to stop this extension, another year extension of proliferating the source of opportunities for my people,” he said.

When asked whether he intends to file a lawsuit to stop USCIS from granting paroles to these individuals, the governor said: “Well I might go that route but I have to wait for the AG’s decision.”

Rabby Syed, president of the United Workers Movement-NMI, said many nonresidents will benefit from USCIS’ decision, and he thanked Sablan for helping many of these eligible individuals.

Syed, however, said UWM will continue to ask the U.S. Department of Homeland Security to grant parole in place for all legal aliens as of Nov. 27, 2011 until U.S. Congress initiates action to grant improved immigration status to long-term legal aliens in the CNMI.