Alien Rights In Saipan

Saipan, CNMI — The United Workers Movement- NMI, the Pilipino Contract Workers Association, Dekada and other alien rights groups in Saipan have called for a peaceful assembly to take place at the USCIS Application Support Center in Saipan on May 18th, 2009 starting at 7 AM.

In fliers released by the alien rights groups, a message of hope was portrayed through the quoting of Public Law 110-229 Section 6. This section says that in May 2010 the Secretary of the Interior has the power to suggest to the US Congress that long term status should be authorized to lawful aliens in the CNMI.

On May 19th, the U.S. House Subcommittee on Insular Affairs, Oceans and Wildlife will meet to discuss regulations relating to Public Law 110-229. The alien rights groups believe that now is a good time to make their voices heard about issues relating to Public Law 110-229.

These alien rights groups will assemble near the USCIS Application Support Center. The USCIS center is located at the TSL Plaza in Garapan. This peaceful assembly will meet in an effort to ensure that regulations for the newly created transitional worker visa category takes into account the needs of alien workers in the CNMI.

Alien rights groups are urging everyone who cares about how Public Law 110-229 is applied to come out and show support for alien rights under Public Law 110-229.

In his letter to the editor of the Saipan Tribune on May 11th, 2009, Dr. Thomas D. Arkle Jr. of Tinian made an important point that should not be ignored. The US government can and does deport parents with US citizen children who do not have legal status. Every immigration activist from the US mainland knows that this is a fact. Right or wrong, this is the law.

While Dr. Thomas D. Arkle Jr. mentioned the many cases of out of status parents with US citizen children being deported, he failed to make a distinction between the illegal alien parents in the US and the legal alien parents here in the CNMI. While many of the parents who were deported came to the US illegally, every one of the alien parents here in the CNMI came here legally. Right now, comparing the two is like comparing apples and oranges.

But don’t worry, the Federal Government is very good at changing oranges into apples and that is what will start happening on November 28th, 2009. On November 28th, 2009 those who are legal aliens will start becoming illegal aliens. This is unprecedented in US history. Honest, hardworking, law abiding people will be turned into criminals and be deprived of their life, liberty and pursuit of happiness, without due process and without representation.

This is wrong and this not what my country is all about. While USCIS may have their rules and regulations, there is a higher law, it’s the precepts of our constitution. It’s what men in uniform have fought and died for. It’s what all politicians swear allegiance to. It’s an inspired document that sets the framework for our government and all that it does.

Call me old fashioned, but I believe that law abiding people need to be rewarded and they should never be punished. Unfortunately, the chances for them being rewarded are slipping away, while a date with punishment looms on the horizon. Federalization is the law, the only thing left to do is to hash out the details and publish the regulations.

My father always told me that the devil is in the details. The devil is certainly in the details with federalization as anyone counting on Russian and Chinese tourists can attest to. While people were not able to influence the interim visa waiver rules before they were issued, the regulations for transitional workers and investors still need to be written and now is the time to ensure that these regulations take into account the unique needs of everyone in the CNMI.

I believe in the concept of life, liberty and the pursuit of happiness. I believe that no one should be deprived of those rights through no fault of their own and that is why I will do all I can to ensure that these regulations follow the spirit of our supreme law, the Constitution. It’s my hope that others will shout out loudly in support of the constitution as well.

On May 8th, 2008, President Bush signed in the Consolidated Natural Resources Act of 2008, also known as Public Law 110-229. This law, among other things, provides for the federal government takeover of immigration in the Commonwealth of The Northern Mariana Islands. The law was schedule to take effective on June 1st, 2009 with a possible 180 day extension built into the law. The effective date of the law has been extended until November 28th, 2009.

Public Law 110-229 establishes federal control of immigration in the CNMI from Novmeber 28th, 2009. That’s a fact and there is no denying it. On that date, only US visas, with some exceptions, are recognized from that date going forward. What are the exceptions? The US government will recognize permits issued by the CNMI government for 2 years or until the permits expire, whichever comes first. In other words, starting November 28th, 2009, people will begin falling out of status and will be subject to removal by the USCIS.

How can aliens in the CNMI stay in status after November 28th, 2009?

Aliens married to US citizens have been allowed to live and work in the CNMI under IR status(Immediate Relative). These aliens will be allowed to apply for a US green card, but must pay fees totally more than $1600 and they must earn 125% more than the poverty level for their household size. Very few immediate relatives of US citizens in the CNMI can come up with the fees to apply for a green card and even fewer earn enough to sponsor their stay. If they are unable to come up with the money, when their current CNMI permits expire, they will be subject to removal by USCIS.

Aliens with adult children US citizens can apply for a green card as the parent of a US citizen. Their children need to come up with more than $1600 in fees and have enough income to sponsor their parents. Aliens with minor children can not apply for a green card and will be subject to removal if they are unable to find another status. If they are unable to come up with the money, when their current CNMI permits expire, they will be subject to removal by USCIS.

Aliens married to citizens of the Freely Associated States have it the worst. The US government allows FAS citizens to live and work anywhere in the US without a visa as part of their compact agreements with FAS. The CNMI government goes one step further and allows the immediate relatives of FAS citizens to live and work here as well. Spouses of FAS citizens do not have any potential status under US immigration law and will be subject to removal as their current permits expire after November 28th, 2009.

Imagine thousands of fathers and mothers forcibly deported after spending 5, 10, and even 20 years in the CNMI raising their family? Remember, this is US soil. This is the USA, the land of immigrants where law abiding people who follow the rules should be rewarded.

Alien workers in the CNMI have long had it difficult and under Federal immigration law a lot is unknown. For one, there is the CNMI transitional worker visa as provided by Public Law 110-229. Unfortunately, regulations on this visa have not been released yet and we know that the devil is always in the details. Furthermore, this visa class is only temporary and is scheduled to end in 2014. It certainly isn’t a long term solution to the problems facing aliens in Saipan.

Is there any hope? Some say there is hope still. Public Law 110-229 has a provision calling for a report to Congress in May, 2010 concerning the number of guest workers in the CNMI and suggestions for what to do about their status. Frankly, I don’t see much good coming out of Congress during an election year, especially on a touchy subject like immigration. Is it real hope? I don’t know. I think we are better off fighting each and every day for better status instead of patiently waiting until May, 2010.

As you can see, things are bleak for aliens in the CNMI. Many will be facing forcible removal through no fault of their own. The US government has changed the game midstream and the aliens are left holding the bag. As always, the aliens continue to be the victims.

The purpose of this blog is to highlight the struggle for alien rights in Saipan. This blog is financially supported by no one. This blog serves to get information out about what is happening right now in Saipan, USA concerning alien rights issues. This blog is affiliated with no other group and merely serves as conduit for personal opinions, stories and information about the struggle for alien rights in Saipan.