CIS, UN unsatisfied with NMI asylum regs

The U.S. Citizenship and Immigration Services and the U.N. High Commissioner for Refugees remain unsatisfied with the CNMI’s proposed regulations on refugee protection, and have asked the Attorney General’s Office anew to delay the adoption of the rules.

The CNMI’s policy on refugee protection was set to be published for adoption in the latest issue of the Commonwealth Register, which came out yesterday.

But assistant attorney general Eric S. O’Malley said the AGO received another request last week from the U.S. Immigration and the United Nations, asking the AGO to delay the publication pending the resolution of outstanding issues concerning the proposed regulations.

He refused to elaborate on what the outstanding issues are.

O’Malley, however, reported that attorney general Pamela Brown will meet with representatives of both agencies when she visits Washington, D.C. in September.

“Hopefully, they will get everything resolved then,” he said.

If this happens, the AGO will be able to issue a notice of intent to adopt the regulations on the next Commonwealth Register, set to be published on Sept. 24.

O’Malley said the extension on the comment period will allow the AGO to organize the logistics of implementing the regulations.

Assistant attorney generals Arin Greenwood and Dana Emery, who have recently completed training on refugee protection proceedings in the U.S. mainland, will not be returning until early September.

Both lawyers were trained to make decisions on whether or not an alien who has been ordered deported qualifies for refugee protection.

The original proposed regulations were published in the Commonwealth Register’s May 24 issue. A revised version was printed in June to include recommendations made by the U.S. Immigration Services and the U.S. Department of Homeland Security.

The scheduled adoption of the regulations in July was again delayed, upon the request of the U.N. High Commissioner for Refugees and the U.S. Citizenship and Immigration Services.

With another request for an extension of the comment period, the regulations cannot be adopted until Sept. 24.

The regulations on persons seeking refugee protection aim to implement Public Law 13-61, which requires the Office of the Attorney General to promulgate rules and regulations enforcing the U.N. Convention Relating to the Status of Refugees and the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The United States is a signatory to both international conventions and treaties. Pursuant to Section 102 of the Covenant, the CNMI is required to conform to such forms of treaties.