HR 1466 taken off Congress calendar

Delegate Gregorio Kilili C. Sablan’s bill seeking a grant of “CNMI-only resident status” to four groups of nonresidents including immediate relatives of U.S. citizens was removed from the U.S. House of Representatives calendar yesterday, a development that Gov. Benigno R. Fitial said ensures that H.R. 1466 won’t get entertained before Congress goes on Christmas break.

Fitial said HR 1466’s removal from calendar is a result of his latest attempt to block the bill, which was placed on union calendar on Dec. 8.

Sablan couldn’t be reached for comment as of press time last night, which was still early morning hour in Washington, D.C.

Fitial, in an interview yesterday, said he continues to push for an H-5 visa within the regular U.S. immigration system. He said his proposed new visa is “far better alternative for the people of the Commonwealth than HR 1466.”

Fitial, who has long been opposed to HR 1466, said he hails U.S. House Committee on Natural Resources chair Rep. Doc Hastings’ (R-WA) decision to remove the bill from the U.S. Congress’ session calendar yesterday.

“This latest action may ensure that the controversial bill fails to be entertained in the final week of sessions for this year,” Fitial said in a statement.

Some nonresidents who heard the news yesterday said they’re disappointed that the bill won’t get passed before the end of the year.

Rene Reyes, president of Marianas Advocates for Humanitarian Affairs Ltd., however, said he’s thankful that there is at least an option for many of those covered by HR 1466 to be able to lawfully remain in the CNMI at least until Dec. 31, 2012 while they continue to seek jobs.

Reyes was referring to U.S. Citizenship and Immigration Services’ decision to grant parole, on a case-by-case basis, to immediate relatives of U.S. citizens and certain “stateless” individuals in the CNMI. These are among individuals covered by Sablan’s HR 1466.

“It’s really disappointing. We’re just thankful there’s parole from USCIS,” he told Saipan Tribune.

Reyes, however, said the removal from calendar may give an opportunity to have the bill changed to include all long-term aliens in the CNMI instead of only those with U.S. citizen children, among other things.

Fitial said he wrote to congressional staffer Curtis Rhyne and Paul Teller, executive director for the U.S. House Republican Study Committee, “requesting members of Congress to defeat H.R. 1466.”

The governor is the current president of the NMI Republican Party, and claims to have strong connection with Republicans in Congress.

“H.R. 1466 was created and sold with inaccuracy/dishonesty. Congressman Sablan claims that H.R. 1466 will affect just a few people when the reality is that it will impact over 10,000 people and will be used as a blueprint for ‘amnesty’ efforts in the mainland states,” the governor said in a statement.

He also cited the bill’s “potential harm” to the already ailing economy. Fitial said former contract workers are now competing for scarce jobs and give rise to keeping local wages artificially low. Most of all, he said, individuals covered by HR 1466 “are not skilled labor workers.”

“U.S. citizens will be made to suffer from unfair competition for low-skilled positions if there is a labor pool of thousands of guest workers readily available. This would prevent the CNMI economy from growing,” the governor said.

He also argued that passage of HR 1466 “would only set a dangerous precedent that would set the stage for more demands, more amnesty and less integrity in the U.S. immigration system.”

“Chairman Hastings’ decision is definitely a big step toward defeating a blatant attempt to drastically alter the NMI’s indigenous traditions and culture. I hope that members of Congress would now take a closer look at the true ramifications of this flawed legislation,” he said.

Others, including worker groups in the CNMI, oppose HR 1466 for a different reason—mainly because it does not include “all” long-term foreign workers in the CNMI.

In his statement, Fitial also expressed his appreciation to Rep. Brian Bilbray (R-CA) and Rep. Steven King (R-IA) for their support and consideration of the arguments raised by the governor to the Republican Study Committee, or RSC.

He said he is also grateful to the RSC for their swift action in bringing his concerns to the members in the wake of what could have been a possible vote on HR 1466.

In his testimony against HR 1466 in July, Fitial said the CNMI “treated guest workers well over the years, and we continue to do so.”

“Some critics have cited poor working conditions. We corrected those long ago. Some cited an estimated $6.1 million in backpay owed to guest workers over the 25 years since 1985. That estimate was wrong. The total turned out, after investigation, to be far lower,” he said.

He reiterated that “all claims of backpay have been adjudicated; and only a relatively few cases remain in our courts.”

But worker groups said while there have been adjudications of labor cases, workers victimized by their previous and current employers have yet to collected over $6 million in back wages, interests and other court judgments.

Fitial said other critics have pointed to alleged human trafficking violations.

“Human trafficking is a federal crime and the only fair measure is convictions in federal cases—not allegations or rumors. Federal convictions over the past 10 years have been very, very few. Our record over the years is the equal to, and we think better than anywhere aliens are employed in large numbers in the United States. And we understand why aliens in the Commonwealth want to stay. They have freedoms, are treated well, and have employment opportunities and social benefits,” he said.

A few hours before issuing a statement on HR 1466’s removal from calendar, Fitial told reporters in an interview that he is still proposing to U.S. Congress a legislation that will create an employment-based visa within the regular federal immigration system that will, among other things, allow unemployed foreign parents of minor U.S. citizen children to remain in the CNMI while they continue to look for a job.

“That visa will be employment-based and it’s for those who have…children who are still minors. If they can qualify for and apply for that visa, then they can stay here and work,” Fitial said in an interview after a luncheon meeting with visiting members of the International Association of Fire Chiefs at Fiesta Resort & Spa in Garapan yesterday.

The governor said his proposal is separate from Sablan’s HR 1466.

Fitial also said those who qualify for the Commonwealth-only worker status are not covered by his proposed visa.

“If they have work, no problem. I’m talking about those who have (U.S. citizen) children (and) are illegally residing and working underground,” the governor said. “They have to find a job. The fact that they have immediate relatives like children, babies, they are qualified to look for work under this visa program.”

The governor said his proposal is also separate from U.S. Citizenship and Immigration Services’ parole, if granted, allows immediate relatives of U.S. citizens and certain stateless individuals to lawfully remain in the CNMI until Dec. 31, 2012.

Fitial said he will bring up this proposal with Congress.

“USCIS cannot do anything about it. It has to be enacted. I already mentioned that in my last testimony when I said I don’t like this bill (HR 1466), I said I have my own,” he said.

Rabby Syed, president of United Workers Movement-NMI, said while he has yet to know more information about Fitial’s proposed visa, this may make the transition process more complicated than it already is.

Syed said UWM would only fully support legislation that will grant improved immigration status to all long-term foreign workers in the CNMI, unlike Sablan’s HR 1466 or Fitial’s proposed visa, that only cover certain segments of the foreign worker population.

“I continue to request Congressman Kilili to include all legal long-term aliens in the CNMI, to allow them to be granted improved status—green card or pathway to U.S. citizenship,” Syed said.

He said UWM hopes that in 2012, Congress will finally initiate granting improved status to long-term alien workers in the CNMI who entered the islands legally, have Social Security numbers and continue to contribute to the Commonwealth’s economy.