Kilili seeks answers to visa waiver questions

With the180-day extension to the start of the federalization law granted recently, CNMI Rep. Gregorio “Kilili” Sablan said he is hoping to get more answers to his questions regarding the Guam-CNMI Visa Waiver Program.

A joint Guam-Visa Waiver Program was created under Public Law 110-229, which extends U.S. immigration laws to the CNMI. The interim final rule was published in January, leaving China and Russia—two emerging tourism markets for the Commonwealth—off the list of countries eligible for visa-free entry.

The Department of Homeland Security, which last week granted the CNMI government’s request for a 180-day delay from June 1 to Nov. 28, left China and Russia out of the visa waiver because the agency said border security was not adequate.

Sablan said he, as well as many others, have tried to get an explanation as to what measures need to be worked on in order for the two countries to be included, but he has yet to get a clear-cut answer.

“All these things, these are the very things I’d like to understand. Until they explain those reasons to us we don’t know what they are and how can we fix these things,” he said.

The Bush administration wrote and released the visa waiver regulations back in January, a few days before President Obama took office.

“We’re hoping this president may be more open and reasonable, but we can’t be open and reasonable unless we know exactly, we need to know exactly, what their concerns are,” Sablan said.

A 60-day comment period on the interim final rule ended last month. DHS is now going through and assessing the comments left on the Federal Register website.

The Visa Waiver Program is the only regulation relating to the implementation of the law that has been released for public comment. Regulations relating to foreign workers, investors, students and retirees have not yet been released for comment.

When Sablan was told about the 180-day extension, he presented a letter laying out some of his concerns about the implementation of the law. The extra time should allow for more preparation.

He hopes the delay will allow DHS more time to consider specific populations in the CNMI that will be greatly impacted if the regulations are not carefully written. As it is right now, some legal residents of the Commonwealth who do not have a valid U.S. visa will not be able to re-enter the CNMI if they must leave for a medical emergency or other reason. He asked DHS to create regulations allowing any legal resident to leave and re-enter without the need for a new U.S. visa.

“Fundamental to immigration is that it unites family and not separate them, and unless something is done in the implementation of the CNMI [federalization law], we could be separating families in two years,” he said.