CUC, 18 workers add claim vs USCIS

The Commonwealth Utilities Corp. and 18 of its foreign workers have added a claim in their lawsuit against Homeland Security Secretary Jeh Charles Johnson and other federal officials over the delayed renewal of their Commonwealth-only worker permits, commonly known as CW-1.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona on Thursday also ordered that the court will advance the trial on the merits and consolidate it with the hearing on CUC’s and the 18 workers’ motion for a preliminary injunction on Jan. 21 at 9am. Manglona issued the order following CUC counsel James Sirok’s request for the court to clarify its order on Wednesday.

On Wednesday, Manglona denied the request of CUC and 18 of its affected foreign workers for a temporary restraining order that would allow these CW-1 workers to immediately return to work. She said, though, that CUC and its foreign workers may still pursue their claim for a permanent injunction.

On Thursday, Sirok filed the first amended complaint against the same defendants—Homeland Security Secretary Johnson, Immigration and Customs Enforcement Director Saarah Saldana, and U.S. Citizenship and Immigration Services Director Leon Rodriguez.

Sirok added a claim that plaintiffs are able to work after the expiration date of their respective permits so long as the authorizations remain valid in accordance with law.

Sirok said that when the CW-1 petitions for the foreign workers were approved, these workers acquired the status of CW-1 nonimmigrant CNMI only transitional worker for the period of time their approved petitions are valid.

Sirok said the approval of the petitions and the resulting authorized grant of CW-1 status to each of the workers is an authorization that allows each of them to enter and work in the CNMI.

Sirok said this means that the workers are authorized to enter the CNMI and work for CUC without the need or requirement of obtaining separate approvals for work authorization from USCIS.

The lawyer said a provision of the Immigration and Naturalization Act regulations provides that the plaintiff CW-1 workers may work during the validity period of their respective petitions.

He asserted that pursuant to Section 558 of the U.S. Administrative Procedure Act, these workers’ CW-1 statuses do not expire until USCIS makes a determination on their respective CW-1 petitions for the renewal of their statuses.

In accordance with the provision of INA regulations, Sirok said the workers’ statuses remain valid for a period of 10 days after the end of their respective petitions’ validity period.

“As a result of their respective petition authorizations and unique statuses given to them by their approved petitions, and the fact that the plaintiff CW-1 workers are employment authorized incident to their statuses, they have the ability to work during any period of time that their respective CW-1 petitions and statuses are valid,” he said.

Sirok said the position being taken by DHS and USCIS does not follow the procedure required by its own rules and the law and beyond its authority under the Consolidated Natural Resources Act, the INA and its regulations.

In the original complaint, CUC and the workers stated two original claims—that the position of USCIS violates the Administrative Procedure Act and that the position by DHS and USCIS violates Article II, Section 3’s constitutional obligation of the executive to take care that the laws are faithfully executed.

In their opposition to the TRO and injunction, the U.S. Attorney’s Office said CUC filed its petitions for extension of the workers’ statuses only last Dec. 28—a mere three days prior to the expiration of their nonimmigrant status.

CUC acting executive director Gary P. Camacho testified in court that the affected foreign workers are all highly skilled personnel assigned at the power plants in Lower Base.