Planned suit vs DHS over parole for jobless aliens dropped

The CNMI government has shelved its plan to sue the U.S. Department of Homeland Security over DHS’ decision to grant parole to thousands of unemployed aliens in the CNMI, bringing relief to mostly jobless foreign parents of U.S. citizen children.

Attorney General Edward Buckingham said yesterday that the CNMI has engaged in productive negotiations with DHS and both sides have agreed to four governing principles, including having those who applied with U.S. Citizenship and Immigration Services on or before Nov. 27, 2011 reviewed within 12 months.

Those who have been extended by USCIS until December 2012 will be reviewed within six months.

“There will be no further mass paroles granted.Those who do not apply will be reviewed by Immigration and Customs Enforcement for possible removal [deportation] from the Commonwealth,” Buckingham told Saipan Tribune.

Buckingham said, “Although we have prepared the filing for a suit, we have not submitted it. Our hope is that we never have to.”

Rabby Syed, president of the United Workers Movement-NMI, said yesterday that Buckingham’s announcement is “welcome” news to thousands of foreign workers and their families because such a lawsuit, he said, would further aggravate the already problematic immigration matters in the CNMI.

Syed hopes that USCIS will continue to grant parole on humanitarian grounds.

He said he will visit Washington, D.C. and New York in a few weeks to continue to press Congress and DHS in granting improved status, particularly “green card” or pathway to U.S. citizenship to long-term foreign workers in the CNMI.

Buckingham said in any negotiation, there is give and take between participants.

“What negotiation provides is certainty of an outcome for both sides. That is better than litigation which takes time, resources, and creates uncertainty for all involved,” he said.

Buckingham said they decided that ongoing work is essential to maintain communication and ensure that the targets remain on track.

Federal authorities designated USCIS district director David Gulick as point of contact, while Gov. Benigno R. Fitial designated the attorney general as POC for the CNMI.

Buckingham said they anticipate scheduled communications about every two weeks, giving an opportunity to communicate about the status of cases and the review process.

“We recognize that over 10,000 have applied and respect that USCIS has a large task. We share the common goal of applying the law fairly, consistently, and quickly so that certainty can be achieved,” he said.

Buckingham said once an individual has established lawful presence in the CNMI, it reduces stress for that person. It also provides certainty for employers who know that their employees are legal, he added.

“The Commonwealth appreciates the collaboration we have experienced with the Department of Homeland Security, USCIS and ICE. We will now get to work. We will also, as a larger group, review our progress and status at the end of March.