Murkowski pushes for federal takeover

Saying local immigration control in the Northern Marianas remains inadequate, U.S. Senate Energy and Natural Resources Committee Chairman Frank Murkowski (R-Alaska) yesterday pushed legislation seeking extension of federal immigration laws to the islands.

While acknowledging the package of labor and immigration reforms put in place by Gov. Pedro P. Tenorio’s administration, the senator believed these efforts still showed limitations in CNMI’s ability to handle these functions.

“If immigration control proves beyond the local government, measures must be taken to remedy the situation,” he said at a hearing held Tuesday in Washington D.C. (Wednesday local time).

The committee, which deals with island issues, conducted the hearing to gather inputs from both federal and CNMI officials on a bipartisan measure that will apply the U.S. Immigration and Nationality Act in the Commonwealth.

Murkowski claimed the present immigration system in the CNMI has failed to stem alleged labor abuses and mistreatment of alien workers hired from neighboring Asian countries and has limited job opportunities for local residents.

He noted the system also does not cover federal and international obligations, such as asylum grant, and fails to cover other concerns, including drug interdiction and exclusion of individuals.

“This isn’t the first time I’ve expressed concern over the commitment of both local and federal officials in the Marianas,” Murkowski was quoted as saying in a statement released from his office to the local media.

“They seem captive to a system of immigration and wages that leaves imported workers at the mercy of exploiters and robs residents of opportunities in the private sector. I am not willing to allow this kind of situation to continue,” he added.

Revised version: Sponsored by Murkowski as well as ranking minority members Sen. Daniel Akaka (D-Hawaii) and Sen. Jeff Bingaman (D-New Mexico), provisions of S.1052 are byproducts of an earlier federal takeover bill that drew the committee’s support last year, but failed to go through the full body.

The new proposal introduced last May discarded creation of special industry wage review board to bring to federal level the current minimum wage rate here due to conflicting positions from both the CNMI and Washington.

If it passes Congress, the proposed law will be implemented only after findings by the U.S. Attorney General support such a move, after which INA provisions will be applied over a 10-year transition period.

“If it is determined that the Marianas lacks both the commitment and institutional capacity to administer an effective system of immigration control, the U.S. has a responsibility to step in,” said the chairman.

“An effective immigration policy may simply require too much of a commitment of resources and personnel for the Marianas to handle.”

Island leaders have opposed the legislation in testimonies presented to the panel, citing adverse impact on the local economy and potential return to dependency on federal funding.

During the hearing, Murkowski told the witnesses, including island officials led by the governor, key members of the Legislature and representatives from the business sector, to respond to three questions:

First, whether the control of borders and the conditions for entry into the island inherently a federal function that immigration must be governed by federal laws and regulations.

Second, if immigration is not exclusively a federal concern, whether the Commonwealth government has demonstrated that it has in place an effective immigration system that meets minimum requirements and has demonstrated a genuine commitment to enforcement.

Third, if it becomes necessary to extend INA, which provisions should be made for a smooth transition and what measures should be taken to account for the unique social, cultural and economic situation in the CNMI.

But Murkowski said he is sympathetic to the economic conditions on the island and urged CNMI leaders to work with his committee to refine provisions of the legislation.