Panel treads softly as it tackles immigration bill

A legislative committee is moving cautiously with a controversial bill that proposes to grant improved immigration status to long-time guest workers in the Commonwealth.

The House Committee on Judiciary and Governmental Affairs has recently completed a series of public hearings on the bill, which would grant added flexibility to foreign workers in the Northern Marianas. The hearings were mostly tense, as local residents and guest workers presented their competing cases to lawmakers.

“This bill is a hot issue right now. It is definitely something we have to look into very carefully,” said Rep. Rosemond B. Santos, chairwoman of House committee reviewing the bill.

Santos said the timing of the bill is a major concern for the committee. To have any impact, the Commonwealth bill must be signed into law before June 1, 2009, when the federal immigration law goes into full effect and supersedes all Commonwealth laws on the entry and exit of foreign workers.

She also said the committee has not received adequate information on how a new immigration category would affect public infrastructure and cost the government.

Co-sponsored by Reps. Tina Sablan, Heinz Hofschneider, Edward Salas and Victor Hocog, House Bill 16-96 proposes to allow long-time foreign workers to stay and work at will in the Commonwealth for five-year periods.

Foreign workers who have lived legally in the CNMI for at least five years and have met character requirements would be eligible for the “resident foreign national permit.” Holders of this permit would not be able to apply for U.S. citizenship or permanent residency. They could be deported.

But they would able to live and work in the Northern Marianas, and stay on island even if they don’t have a job. They would receive employment preference over other foreign workers. They can change employers freely. They can operate a business, be self-employed, and employ other foreign workers. They can bring immediate family members into the Commonwealth for the validity of their permit.

The Saipan Chamber of Commerce has opposed the bill because it contradicts the stated intent of the new federal immigration, which includes phasing out the foreign contract worker program in the Commonwealth.

“We are troubled that, given the many and great crises facing our community today, the Commonwealth Legislature is debating an immigration measure with a maximum lifespan of less than one year,” Chamber of Commerce president James Arenovski wrote in a comment submitted to the House committee.

“The Saipan Chamber of Commerce supports legitimate, qualified foreign investment, and it support continued access to a needed nonresident workforce. Unfortunately, this bill does nothing to promote either of these economic goals and furthermore contravenes recently enacted federal law,” Arenovski added.

Federal Labor Ombudsman James Benedetto has spoken generally in favor of the bill. He said the bill would be good for the workers, as their status would no longer be tied to their employers. It would also be good for the employers, who would no longer have to pay annual permitting fees of $275 for each foreign worker. Further, it would be beneficial to the Department of Labor, since it will be relieved of the burden of processing thousands of permit and transfer applications.

But Benedetto said lawmakers must ensure that only workers with legitimate jobs benefit from the new permit status. He urged them to require proof of legitimate employment such asW-2 forms, tax returns, or pay stubs.

Rota Mayor Joseph Inos has also supported the bill, calling it “very commendable and important.” He said the new immigration category grants overdue recognition to the long-time foreign workers.

“It is true that the resident foreign nationals have vested interest in the local community and are spending more of their earnings on island. They have also adjusted to the local custom and culture, which promotes family values and respect of our Commonwealth laws and regulations. It is recommended that the Legislature enacted this bill, as it will benefit all citizen and non-citizen workers in the CNMI,” Inos said.