Open letter to foreign workers, businesses and supporters

Subject: Invitation to join the lawsuit that challenges the implementation and enforcement of the CNMI-only Transitional Workers Final Rule.

Purpose: Amendment to add parties and claims consistent with the requirements of the Federal Rules of Civil Procedure for joinder of parties and claims. All our claims must be related to the implementation, application, and enforcement of the immigration laws of the United States in the [Commonwealth] pursuant and subject to the [CNRA], the Immigration and Nationality Act, and other law.” Amendment for additional plaintiff is due for filing on or before Sept. 28, 2012.

Plaintiffs: Bonifacio V. Sagana, Manuel T. Vilaga, Gerardo G. De Guzman, Hector T. Sevilla, Carlito J. Marquez, Eduardo M. Elenzano, and Jong Ho Lee are encouraging any individual, organization, and business to join us in amending our lawsuit to make it stronger.

Respondents are: DHS Secretary Napolitano, U.S. Citizenship and Immigration Services District Director David Gulick, U.S. Labor Secretary Hilda L. Solis, and U.S. Department of Labor District Director Terrence Trotter.

U.S District Court of NMI Judgment: “Notwithstanding the balance of harms or how much the public interest would be served, given the unlikelihood that [the] plaintiffs will succeed on the merits of their claim and the lack of irreparable harm for all foreign workers and businesses because of the implementation of the final rule, the court concludes that [the] plaintiffs have not established their entitlement to a preliminary injunction.”

Plaintiffs’ counsel: CNRA requires consultation and coordination with the CNMI governor. “Yet the CNMI governor is hostile to federal immigration control, even more hostile toward aliens in the CNMI, and has done, and continues to do everything in his power to subvert the transition to U.S. immigration law in the CNMI. On the other hand, he also continues to say that the CNMI need foreign workers to sustain manpower supply to all businesses.

Plaintiff’s Intent in Amending the Lawsuit: Congressional intent in this transition needs to be carried out, and we as plaintiffs are convinced that if we can make our complaint stronger, the better and this can only be done if we join our hands together in amending the lawsuit. CNMI officials’ and Chamber of Commerce’s request to the U.S. Department of Labor for a five-year extension on the federalization transition period set to expire in 2014 for nonresident workers extension of work authorization is nothing but an abusive act because there is no guarantee that foreign workers could get permanent immigration status after 2014. CNMI officials and the U.S. government (immigration department) are one in abusing the very talent and resources of foreign workers without any reward in giving improved immigration status in return. While it is true that foreign workers are getting paid for the work they perform, that is common to all. To be fair to all concerned, an individual who has been contributing his/her expertise in all types of labor for a decade must be awarded with utmost consideration, without fear of being deported. It is not only because you need foreign workers *(and foreign workers need employment) to sustain the need for businesses to survive and for economic reason, but also to see to it that foreign workers must receive or must be granted equal protection similar to that of U.S. permanent residents for humanitarian reason as members of the community. Now, foreign workers are suffering and are in distress because of the pending CW issues and/or release.

We are looking forward to your positive response in our request to join us for our cause. For inquiry, contact Manny Vilaga at 888-9544 or email at mtv.express0317@gmail.com.

Carlito J. Marquez
For and in behalf of the plaintiffs