By JUDE O. MARFIL-SCHWALBACH
SPECIAL TO THE SAIPAN TRIBUNE
Compelling long-term foreign workers to stay in the Northern Marianas for another five years once they get their nonimmigrant visa may not be necessary.
After all, both S. 1634 and H.R. 3079, which seek to federalize immigration in the CNMI, address the issue of workers' exodus, according to Department of Interior's deputy assistant secretary for insular affairs David B. Cohen.
“I'm not sure I understand what the five-year provision would accomplish. Both the Senate and House bills provided the CNMI with ample flexibility to bring in workers that are needed,” he said.
The CNMI federalized immigration bill allows the CNMI to continue hiring foreign workers. This time however, the U.S. Department of Homeland Security will be tasked to administer the CNMI-only guest worker program.
If alien workers are to stay for another five years, Cohen said: “We should consider whether the five-year provision would give foreign workers a strong incentive to try to stay in the CNMI regardless of whether there were enough jobs, and whether it would make them more vulnerable to exploitation.”
About 8,000 foreign workers could be eligible for a nonimmigrant status once the federalized immigration bill is enacted by the U.S. Congress.
The nonimmigrant visa will allow qualified alien workers to work, study, or live in the U.S. mainland.
To qualify, an alien should have lawfully resided in the CNMI for at least five years prior to the enactment of the bill; should pass a criminal, terrorism background check and a medical exam; and is not ineligible on the basis of moral turpitude, criminal record or public charge.
At the hearing conducted by Sen. Daniel K. Akaka (D-Hawaii) on July 19, 2007, CNMI Resident Rep. Pete A. Tenorio and Saipan Chamber of Commerce Juan T. Guerrero said they do not want alien workers with non-immigrant visas to leave Saipan until after five years.
Once the workers get their nonimmigrant visa, Tenorio said they would “as quickly as possible move to Guam, Hawaii or the U.S. mainland.
“This will create a huge drain on our workforce. There is an absence of trained local workforce that can take (the alien workers') jobs immediately,” he said.
The five-year period, Tenorio said, will be enough to refocus the CNMI's already troubled educational system on training of its local people.
The minimum salary of $3.55 per hour has discouraged the indigenous people-Chamorro and Carolinian-from working in the CNMI. The lowest per-hour wage rate in the U.S. mainland is $5.50 per hour.
For his part, Guerrero said: “They could simply move to the continental U.S. in search of higher-paying job opportunities than exist in the Commonwealth, thereby depriving the vast majority of local employers of qualified and experienced labor pool.”
This labor pool, Guerrero claimed, “have been paid and treated fairly in accordance with CNMI law.”
Both Tenorio and Guerrero's statements are part of the Senate record, which senators review when they decide whether to approve S. 1639.
On Wednesday, the U.S. House of Representatives subcommittee on insular affairs headed by Delegate Donna M. Christensen will hold a field hearing at the Guma Hustisia (CNMI Supreme Court building) in Susupe at 9am.
Among the panelists are Cohen, Tenorio, Guerrero, Gov. Benigno R. Fitial, CNMI House Speaker Oscar M. Babauta, CNMI Senate Vice President Pete P. Reyes, and former Gov. Carlos Camacho.
Also invited as panelists are community advocate Tina Sablan, Taotao Tano president Gregorio Cruz, Dekada president Bonifacio Sagana, Zhang Nai Qin, Hotel Association of the Northern Mariana Islands chairwoman Lynn Knight, and Jesus C. Borja of the Enterprise Group.
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