More time please: Part 2

An open letter to all foreign workers in the CNMI:

The postponement of the scheduled hearing of the lawsuit that seeks to stop federal officials from implementing the CNMI-only Transitional Worker final rule is a welcome move as it give petitioners and dependants ample time to cite specific violation and defenses of the Administrative Procedure Act, as done by the drafters of the final regulations that is scheduled for implementation come Nov. 27, 2011.

The plaintiffs’ perspective in filing the complaint is for the court to make a declaratory judgment in relation to the final regulations and/or for the court to issue an injunction because plaintiffs find it is contrary to the orderly phasing-out of the nonresident contract worker program as what PL 110-229 intends to do. The simultaneous filing of 1-129CW from Oct. 7 to Nov. 27, 2011, will face the same fate and consequences after one year if the final regulations will close its doors on Nov. 28, 2011. Simultaneously, all CW holders will be out of status after two years. The exodus of foreign workers from the islands will happen if no action is to be made at this very moment and time.

Plaintiffs are requesting the honorable judge to issue injunction relief by extending the implementation of the final regulations for one year or up to 18 months to enable foreign workers to find jobs. For the court to suspend the implementation of the final regulations, to leave its doors open even after Nov. 27, 2011 so that foreign workers who can find employers after the deadline can still file CW or H visa petition and to give a chance to all employers who in one way or another can find a new contract or expand their business even after Nov. 27, 2011, so that they can still file petitions for their prospective nonresident employee if no U.S. citizens are available.

The final regulations will close its door for CW or H visa applicant after Nov. 27, 2011, and, for those who will be out of status, they will start accumulating days as deportable aliens. While it is true that due process of the law is applicable prior to deportation, the law must still prevail. Prevention is better than cure-prevention from becoming out of status is the plaintiffs’ goal while cure is the immigration lawyer’s job after the Nov. 27, 2011, when a foreign national would be out of status due to wrong beliefs. “Matira ang matibay “..

To all foreign workers, this is the time for us to unite. We might have differences in belief, in status and or in approach in dealing with the issue but the common thing is that we are all affected. The lawsuit covers all foreign workers, especially those without employers for now, especially those who have no U.S. citizens children, and for those who are within the four groups of people covered by HB 1466. Who knows, 1466 might pass between now and the next months or two, so the lawsuit’s goal, if granted, will protect you from leaving the island you call home.

Calling the entire silent majority: We know you are fully aware, your eyes are wide open, do not pretend that you are not affected. Please extend your helping hand to the plaintiff actions in any way you can because your help and participation is very much welcome. If granted an extension, maybe one year or 18 months, and foreign workers could still not find an employer, that is enough time for us to pack up our things and bid goodbye to the island we call home. Just don’t look back. Instead look straight ahead. After all, we did what we could.

Carlito J. Marquez
Puerto Rico, Saipan