Superior Court Associate Judge David A. Wiseman ruled yesterday that all alien workers who have pending labor cases in court are eligible to obtain the two-year transition conditional permits or “umbrella permits.”
Wiseman issued the ruling as a result of a consensus reached between the CNMI Department of Labor, the Labor Administrative Hearing Office, the Office of the Attorney General, and counsel for Zheng Hua Chang and co-complainants as well as other lawyers for alien workers who have pending labor cases in court.
In issuing the order, the judge recognized the necessity of the issuance of the “umbrella permits” for aliens who have pending judicial review or administrative appeals involving Labor before the court.
Wiseman said those eligible for “umbrella permits” are aliens lawfully admitted to the CNMI and who now hold or formerly held an entry permit issued under Immigration Category 240K, formerly called 706K (contract workers).
Wiseman said these workers have a pending petition for judicial review stemming from a Labor decision in which property or other interests of the aliens are to be determined.
The judge directed Labor to issue 240K “umbrella permits” to these aliens upon request and appropriate documentation.
The judge, however, clarified that the status and authorization granted by his order is subject to revocation by Labor.
He ordered the Attorney General to prepare and certify a list of persons who have pending cases and eligible for “umbrella permits.”
Wiseman said the OAG shall circulate that list together with his order to each lawyer who is representing these alien workers.
Wiseman said any objections to the OAG's list will be heard at a status conference that will be scheduled later.
He said the final list shall be delivered by the OAG to the Labor Administrative Hearing Office no later than 2pm on Monday, Nov. 16, 2009, so that issuance of these permits can proceed in an orderly manner before the Nov. 27, 2009 deadline.
Wiseman said his order shall have no effect on the litigation of pending judicial review cases.
The judge noted that Public Law 15-108 gives Labor jurisdiction over employment authorization of most aliens in the CNMI.
He said any foreign worker who does not have an “umbrella permit” before the transition program's effective date will have no protection offered by Public Law 110-229.
The CNMI has adopted a protocol for transition and related programs and procedures for documenting the status of aliens in the CNMI prior to the scheduled transfer of immigration control to the federal government, including the “umbrella permit.”
Further, Wiseman said, an alien has a recognized due process right under CNMI law to remain in the Commonwealth to pursue his case, and is thus “lawfully present” in the Commonwealth during that time.
With respect to the specific pending case filed by Zheng Hua Chang and others against a defunct garment factory, Wiseman said pursuant to the Commonwealth Employment Act of 2007, the workers' petition for judicial review is pending before his court.
Wiseman said there is no suggestion or indication that the petitioners' claims are frivolous or made in bad faith.
The workers' requested for the issuance of such umbrella permits.
Wiseman said Temporary Work Authorizations for aliens with pending matters in the courts is also consistent with Public Law 15-108.
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