Pacific Magazine > Daily News

Businesses Want Say In Federalization Of Nothern Marianas

By Agnes E. Donato on Saipan
Saturday: April 12, 2008

Businesses in the Northern Marianas want a say in how Washington will apply policy changes after the U.S. Senate yesterday passed an omnibus bill that contains provisions calling for the U.S. government to take control of immigration and labor in the commonwealth.  

The Senate passed the bill 91-4. The measure also for the first time gives the Western Pacific Island group a delegate with limited voting powers in the U.S. House of Representatives.

The massive Senate bill includes measures earlier individually passed by the House of Representatives, albeit with some technical amendments. The House of Representatives must now pass the legislation in the same form as it was approved by the upper chamber.

The House, where the bill has bipartisan support, is expected to concur shortly. Once it clears the House, the measure will go to the president for his signature, and will then become law.

Despite the near certainty that the bill will be enacted, Gov. Benigno R. Fitial has not backed down on his opposition to federalizing immigration in the Northern Marianas. He believes the “federalization” measure will make it difficult to hire alien workers who fill jobs in the commonwealth. He also maintains the island group will lose its edge as a tourist destination for Chinese and Russian travelers.

He asks the U.S. Congress to fully consider economic impact reports before taking final action on the bill.

“I believe this new federal immigration policy would have a very severe adverse impact on our economy and community,” said Fitial. “The federalization of the CNMI immigration system would be a radical policy change imposed during the CNMI's most vulnerable point. The CNMI is currently suffering from its worst economic downturn in more than 20 years.”

He also reiterated that the federalization move is based on outdated facts and does not take into account the commonwealth's current dire economic situation.

Jim Arenovski, president of the Saipan Chamber of Commerce, echoed the governor's disappointment with the bill's passage. But he said that Saipan's largest business organization is looking forward to working with federal agencies on the rules and regulations for implementing the new immigration law. Rep. Tina Sablan, one of the few local officials who support federalization, called on fellow government leaders to participate in drafting the regulations.

“Now is the time to be reasonable and intelligent in our relations with the federal government. We cannot and should not continue to fight what has been long overdue. Our economic future depends on it," said Sablan.

Jerry Custodio, president of the foreign worker group Human Dignity Movement, said he was pleased with the Senate's action on the bill, which he said would benefit the guest workers in the Northern Marianas. His group will sponsor a “thanksgiving” mass on Sunday.

Wendy Doromal, a human rights advocate, said, “This is a huge victory for every advocate and person who has fought for decades to see an end to labor and human rights abuses in the CNMI, and to establish a just and democratic labor and immigration system in the CNMI. It is an enormous victory for the guest workers in the CNMI.”

One year after the bill is signed into law, the federal government will assume control over the commonwealth's alien worker program. Foreign workers who have legal status in the commonwealth at the time of the takeover will qualify for the transitional program. During the five-year transition period, the number of guest workers will be reduced until it reaches zero in 2014. However, five-year extensions may be granted as long as the local government can prove the need for foreign workers.

Moreover, eligible workers may obtain for the first time a U.S. temporary work visa, or H visa, which will allow them to seek permanent residency—green card—to the United States.

In the U.S. Congress, members hailed passage of S. 2739, which includes the Northern Marianas immigration bill and 61 bills covering public lands, national parks, water resources and territorial issues.

Sen. Jeff Bingaman, chairman of the Senate Committee on Energy and Natural Resources, said, “Today was a good day for the Senate, and for the protection of our public lands. I'm pleased that we passed this package of 62 bills, which includes new protections for outstanding wilderness, historic sites, national parks and precious water resources. When measures such as these are so broadly supported on a bipartisan basis, members on both sides of the aisle deserve to be able to have the Senate act on them expeditiously. Sen. (Pete) Domenici and I worked very closely and cooperatively with our colleagues to ensure that they got that opportunity today.”

U.S. Virgin Islands Rep. Donna Christensen, chairwoman of the House Subcommittee on Insular Affairs, said she was “very pleased” with the Senate's action. She introduced the Northern Marianas measure in the House. Christensen's bill, known as the CNMI Immigration, Security, and Labor Act, or ISLA, was passed by the House in December 2007.

“ISLA will provide a greater measure of security for the Marianas archipelago and opportunities for the region to grow and diversify their economies,” Christensen said.

California Rep. George Miller, who for more than 15 years has pushed for federal takeover of the Northern Marianas' labor and immigration controls, said, “The Senate's good work today marks the first time that both the House and Senate have approved legislation closing the legal loopholes that have allowed some of the poorest men and women in the world to be lured to the CNMI, abused, and exploited in sweatshops in this American territory.”

He also took a swipe at disgraced lobbyist Jack Abramoff and former House Majority Leader Tom DeLay, who blocked previous congressional efforts to federalize immigration in the Northern Marianas.

Guam Rep. Madeleine Bordallo pledged to push for the bill's enactment.

Guam's visitor industry will benefit from a provision in the bill that would unify Guam and the Northern Marianas under a regional visa-waiver program. Tourists entering Guam or the Northern Marianas under the program will be able to stay in either location, or both locations, for up to 45 days.

Currently, Guam's current visa waiver program allows tourists to stay for a maximum of 15 days.
Also under the bill, the Northern Marianas and Guam would not have to compete for the much-coveted H-visas, of which only 66,000 are issued each year nationwide. The exemption from the cap is expected to address the expected labor shortages for the planned military buildup in the territory.