Permanent residency eyed to deal with labor shortage

Saipan Chamber of Commerce president Kerry M. Deets yesterday proposed the drafting of a legislation that will grant permanent residency status to guest workers so that they can find jobs in the CNMI without any restrictions.

This was one of the possible solutions recommended by Deets during the Chamber’s meeting in a move to help the Northern Marianas find solutions to its labor and immigration problems.

During the meeting, she urged the membership to come up with suggestions on how they can help the CNMI government stave off federalization of labor and immigration policies.

“If we do not take a solution-oriented approach, then we run the risk of allowing the federal government to determine our future. The CNMI has a small window of opportunity within which to demonstrate its ability to solve local problems with local solutions,” she said.

Solutions

By changing the status of a temporary worker, the population base of the local available workforce will increase although these permanent residents will not be eligible to vote in the local elections, she said.

However, the passage of any law requires constitutional amendment as provided for under Article II, Section 5 (d) of the Commonwealth Constitution prevents the CNMI Legislature from enacting laws which will upgrade the class of aliens.

The granting of residency status was put forward by Edward B. Cohen, President Bill Clinton’s special representative in last month’s 902 consultations with the CNMI panel. He said this will be included in the revised legislation that will be drafted by the White House on the federal takeover.

Deets also said the Chamber may endorse the three-year limit bill with certain amendments such as a one-time renewal for a maximum stay of six years in the CNMI. Fees for permits of guest workers could be reduced, she said.

She said this somehow reflect the federal government’s H-2B program which allow non-U.S. citizens to enter the United States for temporary, non-agricultural, non-immigrant, employment.

Aside from giving the CNMI a mechanism to control the population base, six years is more in line with the typical turnover for most guest workers. Employers would then need to prepare in training people to replace workers who have exhausted their six-year term.

But many businesses on the island maintain that it would be very costly for them to keep on changing their workforce.

House Speaker Diego T. Benavente assured the businessmen that the CNMI Legislature is doing everything to prevent a federal takeover. In the event a legislation on federal takeover is passed in the U.S. Congress, he said the CNMI can still file a case before the court questioning its Constitutionality.

Instead of imposing federal laws on labor and immigration on the island, the U.S. government should teach the local law enforcement how to effectively enforce immigration and customs laws, said Dave M. Sablan, vice president of CTSI.

“We have certain pride as Chamorros and Carolinians. We are very happy that we’re part of the United States but a federal takeover is a disastrous move,” he said.

Former Justice Ramon Villagomez, a member of the CNMI panel, explained to businessmen that the Northern Marianas was not prepared to handle its own affairs when the Trusteeship Agreement was terminated.

At that time, he said the Covenant negotiators were concerned that the commonwealth lacked the needed professionals to help run the government since 60 percent of the 12,000 population was below the voting age.

“We have not had the experience of slef-government… very few people were in a position to competently run the government and businesses,” Villagomez said.

In solving immigration related problems, Deets suggested the establishment of a post for CNMI/U.S. Liaisons at the U.S. Embassies in the Philippines and China which shall handle security clearances of foreigners applying to become guest workers and screen all aliens seeking to travel to the Northern Marianas.

The setting up of these offices will address the federal government’s concerns with regard to the CNMI’s inability to perform adequate security clearances and demonstrate the islands efforts to work jointly toward reform.
Furthermore, efforts toward a Joint CNMI-U.S. Task Forces which will work in the enforcement of wage and hour compliance, OSHA, Customs Services and Immigration (specifically border control agents) must be supported, Deets said.

Likewise, the Chamber should continue supporting reform measures on the moratorium law which will give a ceiling on the number of guest workers allowed in specific industries and deportation of illegal aliens once the time for limited immunity has expired.

She reminded members that the Chamber can be a powerful force for implementing change in cooperation with the CNMI government.