Delay federalization—House

The House of Representatives has passed a resolution requesting the U.S. Department of Homeland Security to delay the application of U.S. immigration law in the CNMI.

The resolution supports Delegate Gregorio “Kilili” Sablan’s push to delay it by 180 days, the maximum amount allowed under the law. Public Law 110-229 is scheduled to go into effect June 1.

With the start date four months away, there are still many uncertainties that need to be worked out, said Rep. Diego Benavente, who introduced the measure.

“I think it is necessary that we have more time to be prepared for this implementation based on whatever language comes out of the regulations,” he said.

Some of the regulations relating to the law have been promulgated, such as the joint Guam-CNMI visa waiver program, but many are still being drafted. China and Russia were left out of the visa waiver program that was announced last month and is still in the comment period. Government officials, tourism and business leaders are concerned about the impact the loss of the two markets will have on the CNMI economy.

A delay would allow tourists from those countries an additional six months to enter the CNMI without a visa.

“Bringing in six more months of this market is critical for our economy, so that’s another important reason,” Benavente said. “And again, it allows us some continued relief of this scare that we are going to lose the China and Russia markets.”

The CNMI’s pending lawsuit against the U.S. government that seeks to block federal takeover needs to be resolved as well, the representative said.

“We’re hoping that it will be resolved soon, so that we can then officially go in and communicate directly with Homeland Security in drafting the regulations,” he added.

Rep. Tina Sablan, who supported the passage of Public Law 110-229, said she supports a delay because unforeseen problems are arising. For example, it was recently disclosed that nonresident workers, foreign investors, and foreign retirees could face losing their status if they are out of the CNMI on June 1.

Despite an earlier comment Department of Public Lands Secretary John DelRosario made to the Legislature that DHS Secretary Janet Napolitano is considering delaying the implementation of the law until the lawsuit is resolved, Homeland Security said no such decision has been made.

“The Secretary, in consultation with other executive departments and the Governor of the CNMI may delay the start of the transition period for up to 180 days. No determination has yet been made by the Secretary regarding whether to delay the transition period effective date,” DHS said in a statement to the Saipan Tribune.

The U.S. Congress must be notified by May 2 of any decision to push back the start date, DHS added.

Local government officials are also stepping up efforts to gain support from others in Congress.

House Speaker Arnold Palacios, Senate President Pete Reyes and Gov. Benigno Fitial are expected to sign a joint letter to Guam Delegate Madeleine Bordallo seeking her support for a delay. Bordallo is the chairwoman of the House Natural Resource’s subcommittee on Insular Affairs.

Senate President Reyes said another personal concern of his is the separate minimum wage law. Over the next six years, minimum wage in the CNMI will rise by 50 cents each year until it reaches the federal level of $7.25 an hour.

“Right now…something the U.S. Congress doesn’t see, even at minimum wage prior to the federal law, nonresident workers were being hired at the CNMI minimum wage, but when you factor in all the benefits it rises up to match or exceed the federal minimum wage law,” Reyes said, adding that with the federal minimum wage, nonresident workers will not be entitled to the same benefits like housing, allowance, or transportation.