‘Marianas has unique needs’

Gov. Ralph DLG Torres leaves for Washington, D.C. tomorrow where he hopes to tag-team federal immigration officials with Guam Gov. Lou Leon Guerrero to give both U.S. territories some consideration when it comes to the H-2B visa eligibility of skilled workers from the Philippines.

U.S. Citizenship and Immigration Services declared last month that skilled workers from the Philippines are no longer eligible to avail of the H-2B visas, together with the Dominican Republic and Ethiopia, due to potential abuses of the program.

A recent review by the U.S. Department of Homeland Security and the U.S. State Department have determined that Filipino nationals holding H-2B visas have a 40-percent overstay rate, while about 60 percent have been trafficked to the U.S.

Lt. Gov. Arnold I. Palacios said Torres will be in D.C. for the Feb. 23 to 26 National Governors Association’s winter meeting.

“Coincidentally, there will be some hearings in the [U.S.] Senate and the House [of Representatives], and the governor is going to attend them. He will also be attending the inter-government agency meetings, which is an NGA annual event,” Palacios said.

Before leaving for D.C., Torres wrote DHS Secretary Kirstjen Nielsen to briefly discuss the ramification of the H-2B issue on the CNMI’s complex labor situation. “As you aware, the CNMI has experienced a severe shortage in available labor, hampering economic growth and imperiling the nascent economy that we have only recently salvaged from a near decades-long economic depression.”

“In conjunction with the continuing economic needs of our population, the CNMI is still in the early stages of its recovery from the damage inflicted by Super Typhoon Yutu, which damaged substantial tracts of public infrastructure and countless residential properties.”

He added that the CNMI, despite its urgent need for skilled workers related to other development projects and home rebuilding, has a limited labor force to support this. “The cause for these circumstances is manifold, complicated by our remote geographic location from the mainland U.S., limited population size, and statutory restrictions barring construction trades from the otherwise available CW-1 [CNMI-Only Transitional Worker] visa classification through the recent enactment of U.S. Public Law 115-53.”

“With prior restrictions placed on workers originating in other countries in our region, the applicability of the H2-B visa program the Philippines represented nearly the sole source for our unmet labor needs. The newly announced ineligibility of Filipino nationals from the H2-B visa program has complicated our dire workforce situation, restricting legal avenues for construction labor in our region significantly, raising concerns over our stability to maintain our current economic state, and rebuild from the devastation of Super Typhoon Yutu,” added Torres.

New approach needed

Torres said his administration is aware of the reason for the decision of federal immigration officials and respect the mandate of DHS to make sure all nationals of each country eligible for U.S. visas to comply with U.S. laws and other regulations.

“However, I firmly believe that, in recognizing the unique circumstances of our region and the needs of the many U.S. citizens who reside here, a new approach and good faith discussion about the treatment of U.S. territories under national immigration regulations is warranted.”

He added that the CNMI and Guam have the same problem when it comes to workforce. “In communication with the government of our neighbor territory of Guam, [which] face identical challenges with regard to construction labor access, it is apparent that our location, while beneficial for the national interests, hinders our ability to thrive within a competitive global economy.”

“Our situation, in many respects, is complex and unintended consequences of sweeping federal actions poses an unevenly distributed effects on small, isolated jurisdictions such as the CNMI.”

Torres wants continued talks with DHS and other officials about immigration and labor issues that affect the Commonwealth.

“It is my hope that this communication finds your understanding and is beneficial toward further conversations on ensuring federal actions such as this do not disproportionately affect the viability of the CNMI and the territories of the United States,” said Torres.

“I stand ready to continue this dialogue and provide you with additional detail about the effects of this action, so we may work toward solutions that are beneficial for our nation and our relationship within this partnership.”

Immigration hearing

Delegate Gregorio Kilili C. Sablan (Ind-MP) said the House Natural Resources Committee has already invited individuals and other officials concerning the recent immigration decisions made by the Trump administration that have adverse effects on the CNMI—especially labor.

Sablan said the hearing—set on Feb. 27—would focus on H.R. 560, a legislation that he introduced that would give CNMI permanent status for immediate relatives of U.S. citizens, caregivers, and other groups who were granted humanitarian parole by the Obama administration.

“Shortly after his inauguration, President [Donald] Trump ordered parole would only be used on a case-by-case basis, not for categories of people. As a result, about 1,500 people will have to leave the Marianas by June 29,” said Sablan.

“[H.R. 560] provides protection for them, as well as for long-term workers and investors. The hearing will also look at the Trump administration’s decision not to allow workers from the Philippines to enter the U.S. on H visas.”