DHS vows to weigh key federalization issues

A leading official with the Department of Homeland Security’s immigration branch has vowed to give close consideration to a host of key immigration issues highlighted by the president of the CNMI Bar Association on the impact of the pending federal takeover of local immigration rules.

In a letter to DHS last month, Bar Association president Maya Kara wrote that federal authorities must address at least seven potential problems linked to the regulations they are now drafting that will govern the CNMI’s immigration system. Among them are the consequences the rules might have for the immediate alien relatives of U.S. and Freely Associated States citizens, the income criteria for guest workers to secure a category H visa and the new rules’ prospective impact on permanent foreign residents and retirees.

District director David Gulick of DHS’ U.S. Citizenship and Immigration Services in an Oct. 3 response said he would “assist in resolution” of the issues Kara had raised and that his office “will continue to give them consideration.”

President Bush earlier this year signed legislation into law establishing federal authority over the CNMI’s immigration system. Yet as noted in Kara’s letter, the transition from a locally-run immigration scheme to one operated by the federal government could pose serious problems for many in the CNMI.

For example, the federal income requirements workers must meet in order to have an H visa—likely to become the dominant form of visa they will seek in the CNMI—could make securing one nearly impossible for some. Kara suggested that DHS consider a set of CNMI-only criteria for the visas that would account for economic disparities between the islands and the American mainland.

“Especially given the current state of its economy, the CNMI will not be able to meet the current standards for the holders of these visas even in Guam, for the foreseeable future,” she wrote, adding that many seeking status as lawful permanent residents face similar problems due to federal income standards.

The so-called “federalization” of local immigration rules threatens to disrupt the lives of some married couples in cases when an American citizen is wedded to a foreigner, Kara added.

The alien spouses of citizens, a demographic that is likely in the thousands, have long held status as “immediate relatives” in the CNMI, meaning they never had to apply for citizenship themselves under local rules and were free to work in the islands without restrictions. Federal immigration controls, however, could change that and when the new rules are implemented next year, the transition could overwhelm authorities.

“If I am correct, the numbers are such that it may not be feasible for your Guam office to process all of them before they go out of status,” said Kara. “The result will be considerable hardship for those effected families.”

The surviving foreign widows and widowers of U.S. citizens may also encounter this problem, she added, and will need some accommodation when the new rules take effect.

Moreover, a smaller demographic, the permanent foreign residents of the CNMI, could fall through the cracks if DHS fails to consider their presence in the islands. For decades, Kara noted, these residents have lived in the CNMI. While some may qualify to become permanent residents under U.S. law, others may not and be forced to leave.

“[T]hese individuals who have lived most or all of their adult life in the CNMI will suffer severe hardship if forced to depart,” she said.

Immediate relatives

The immediate alien relatives of citizens from the Freely Associated States—such as Palau and the Federated States of Micronesia—could also encounter trouble as the federal immigration takeover begins, Kara said.

Under local laws, the “non-FAS citizen” immediate relatives of FAS citizens are allowed to live and work in the CNMI but with the new immigration scheme, they may no longer have any available visa status to stay. Kara proposed a CNMI-only option to let these individuals remain in the Commonwealth.

In addition, Kara noted, foreign retirees living in the CNMI under 5-year renewable visas, many of them Japanese nationals, will need some consideration from DHS. Protecting this visa category, she said, is critical to expanding and retaining Japanese tourism.