The U.S. Department of the Interior's Office of Insular Affairs has awarded the CNMI government a $333,000 grant to assist the CNMI's labor and immigration enforcement efforts. This is the same grant that Governor Fitial rejected last year, accusing OIA of "outrageous" behavior by attaching conditions that were "unprecedented, unnecessary and unproductive." He accused OIA of holding the grant funds "hostage." OIA defended the conditions as normal, reasonable and necessary accountability provisions designed to ensure that the funds would be properly spent for their intended purposes. See story here.
Well, the grant that Fitial has now accepted has the same conditions that were attached to the grant that he rejected last year. And rather than complain about the "outrageous" conditions, the Governor thanked OIA Director Nikolao Pula "for supporting the CNMI's strong law enforcement efforts by awarding us with these needed grants." In fact, the primary difference between the grant that he rejected last year and the one that he has now accepted is that OIA was offering $420,000 last year, and has since reduced the grant to $333,000.
So what has changed between then and now? And here's a more interesting question: How much of this grant money, which will be used in part to fund attorneys and paralegals for the Office of the Attorney General, will be used to support the CNMI's lawsuit against the very federal government that is providing the funds?
Showing posts with label OIA. Show all posts
Showing posts with label OIA. Show all posts
Jul 25, 2008
Jul 22, 2008
"Sue the federalizer jerks for the stench of their evil deeds!"
The Saipan Tribune reported recently that the CNMI Attorney General's Office is suing Danny Aranza, former director of the U.S. Department of the Interior's Office of Insular Affairs, in connection with a $130,000 contract to develop a port security plan. According to the news story, which can be found here, the report by Aranza's company plagiarized federal regulations.
The first question is how you can plagiarize federal regulations, which are supposed to be used and followed by those who are affected by them. Wouldn't the CNMI government want the report to state the requirements that had to be followed?
The more interesting question has to do with Aranza's history with the CNMI. Aranza led OIA during the Clinton Administration's push for federalization. A Saipan Tribune article in which then-Speaker Ben Fitial calls Aranza a "jerk" over the federalization issue can be found here. Actually, the Marianas Variety's version of the same story is even more amusing. In it, which unfortunately is not available online, Fitial calls Aranza a "jerk" seven times.
Not to be cynical, but might Aranza's support for federalization lead some to wonder whether this lawsuit is an attempt to punish the "federalizers" for the "stench of their evil deeds", to paraphrase one well-connected person's hilariously melodramatic recent comment on this very blog? (That quote proves that even humorless people can be very funny.) Could this be part of the strategy to fight federalization, and indeed the "evil federalizers" themselves, in the courts?
The first question is how you can plagiarize federal regulations, which are supposed to be used and followed by those who are affected by them. Wouldn't the CNMI government want the report to state the requirements that had to be followed?
The more interesting question has to do with Aranza's history with the CNMI. Aranza led OIA during the Clinton Administration's push for federalization. A Saipan Tribune article in which then-Speaker Ben Fitial calls Aranza a "jerk" over the federalization issue can be found here. Actually, the Marianas Variety's version of the same story is even more amusing. In it, which unfortunately is not available online, Fitial calls Aranza a "jerk" seven times.
Not to be cynical, but might Aranza's support for federalization lead some to wonder whether this lawsuit is an attempt to punish the "federalizers" for the "stench of their evil deeds", to paraphrase one well-connected person's hilariously melodramatic recent comment on this very blog? (That quote proves that even humorless people can be very funny.) Could this be part of the strategy to fight federalization, and indeed the "evil federalizers" themselves, in the courts?
May 9, 2008
President Bush Signs CNMI Federalization and Delegate Bills Into Law
President Bush on Thursday signed into law S. 2739, which includes provisions to bring CNMI immigration under federal control and to allow CNMI voters to elect a non-voting delegate to the U.S. House of Representatives.
The President's signing of the bill comes as no surprise to most people, since his administration had testified earlier this year that federalization should occur "as soon as possible." However, some in the local administration had suggested that with the recent change of leadership at the Department of the Interior's Office of Insular Affairs, the Bush Administration would back off from its strong support for federalization. That notion has proven to be baseless wishful thinking.
Some local officials have presumed to interpret S. 2739 in ways that would be harmful to the CNMI and its residents. Although these local officials have asserted these views with great confidence, their interpretations appear to be out of step with the clearly stated intentions of the U.S. Congress (which, after all, is what counts). Here are some things that Saipan Middle Road's research staff has uncovered in the Senate report on the CNMI immigration federalization bill:
The intent of Congress is "to ensure effective border control and security by extending the INA with special provisions for: phasing out contract workers; minimizing adverse economic effects; recognizing local self-government; assisting the development of the CNMI economy; providing opportunities for locals to work; providing for the continued use of alien workers as necessary; and protecting workers from abuse." The "phasing out" of contract workers can occur over a long period of time, as discussed below, and even after the special guest worker program is eventually phased out, the CNMI will always be able to admit foreigners under the same rules that apply to the rest of the country.
Furthermore, "in recognition of the CNMI's unique circumstances, [the CNMI should] be given flexibility to maintain and develop businesses and...the Government of the CNMI [should be] fully involved in the implementation process."
The bill "would extend the immigration laws of the U.S. to the CNMI along with several special provisions to meet the special needs of the CNMI."
The CNMI's guest worker program will be taken over by the federal government and transformed into a Transitional Workers Program. That program will be separate from the existing federal program where foreign nationals will be enter the CNMI through H visas and other visas. "There will be two similar programs operating in the CNMI."
The Transitional Workers Program is originally scheduled to last through the end of 2014. However, the program can be extended indefinitely for periods of up to five years at a time. The Senate believes that "[i]t is most unlikely that the CNMI will be able to meet its labor needs and forego the Transitional Workers Program in five years. It is expected that there will be at least one, and probably more than one, five-year extension."
During the transition period, there will be no limit on the number of workers who can enter the CNMI (or Guam) on H visas. In the U.S. generally, there is an annual limit of 65,000 H-1B visas for professional and specialty workers, 20,000 additional H-1B visas for workers with at least a master's degree or its equivalent, and 66,000 H-2B visas for temporary non-agricultural workers. The Senate report makes it clear that the intention is "that this waiver of the numerical limitations for Guam and the CNMI is extended along with any extension of the five-year transition period.
With respect to long-term guest workers, the Act would require that "the [U.S.] Administration, in consultation with the CNMI, to report to Congress, no later than the second year after enactment on the population of aliens, status of aliens under federal law, future requirements of the CNMI for an alien workforce, and recommendations on whether Congress should consider permitting such workers long-term status under" U.S. law. No guarantees here, but the issue remains alive.
On fees, the Senate report "encourages the DHS, and all other Federal agencies involved in implementing the transition program period, to keep the costs associated with the transition program period on employers and non-immigrant guest workers at the same level as is currently being assessed by the CNMI government under local law."
On the visa waiver for tourists and other visitors: "The regulations should include countries for which the CNMI has received a significant economic benefit from the number of visitors for pleasure within the one-year period preceding the date of enactment. In drafting such regulations, the Committee encourages DHS to consult with the CNMI tourism industry to determine which tourists markets have contributed to the benefit of the CNMI economy and that such benefit can be measured in terms of hotel occupancy, length of stay, and expenditures." This provides a presumption, although not a guarantee, that China and Russia should be included, and special measures could be adopted to address any security concerns.
The law would also "allow the Governors of Guam and the CNMI to request DHS to create additional Guam or CNMI-only nonimmigrant visa categories if the ones provided for do not meet other circumstances."
The intent of Congress is extremely important in interpreting the obligations of federal executive branch in implementing the new law. If they ignore this intent, it could provide a basis for a lawsuit.
Now that Congress has explained exactly what it intended, we no longer need others to tell us what Congress intended. Unless you believe that these local "experts" know more about what Congress intended than Congress itself. There is no guarantee that this will all work out as intended. There is, however, plenty of good stuff to work with if everyone pulls together to make sure that this is done right. Let's all hope and pray that it will be done right, and work together to make that happen!
The President's signing of the bill comes as no surprise to most people, since his administration had testified earlier this year that federalization should occur "as soon as possible." However, some in the local administration had suggested that with the recent change of leadership at the Department of the Interior's Office of Insular Affairs, the Bush Administration would back off from its strong support for federalization. That notion has proven to be baseless wishful thinking.
Some local officials have presumed to interpret S. 2739 in ways that would be harmful to the CNMI and its residents. Although these local officials have asserted these views with great confidence, their interpretations appear to be out of step with the clearly stated intentions of the U.S. Congress (which, after all, is what counts). Here are some things that Saipan Middle Road's research staff has uncovered in the Senate report on the CNMI immigration federalization bill:
The intent of Congress is "to ensure effective border control and security by extending the INA with special provisions for: phasing out contract workers; minimizing adverse economic effects; recognizing local self-government; assisting the development of the CNMI economy; providing opportunities for locals to work; providing for the continued use of alien workers as necessary; and protecting workers from abuse." The "phasing out" of contract workers can occur over a long period of time, as discussed below, and even after the special guest worker program is eventually phased out, the CNMI will always be able to admit foreigners under the same rules that apply to the rest of the country.
Furthermore, "in recognition of the CNMI's unique circumstances, [the CNMI should] be given flexibility to maintain and develop businesses and...the Government of the CNMI [should be] fully involved in the implementation process."
The bill "would extend the immigration laws of the U.S. to the CNMI along with several special provisions to meet the special needs of the CNMI."
The CNMI's guest worker program will be taken over by the federal government and transformed into a Transitional Workers Program. That program will be separate from the existing federal program where foreign nationals will be enter the CNMI through H visas and other visas. "There will be two similar programs operating in the CNMI."
The Transitional Workers Program is originally scheduled to last through the end of 2014. However, the program can be extended indefinitely for periods of up to five years at a time. The Senate believes that "[i]t is most unlikely that the CNMI will be able to meet its labor needs and forego the Transitional Workers Program in five years. It is expected that there will be at least one, and probably more than one, five-year extension."
During the transition period, there will be no limit on the number of workers who can enter the CNMI (or Guam) on H visas. In the U.S. generally, there is an annual limit of 65,000 H-1B visas for professional and specialty workers, 20,000 additional H-1B visas for workers with at least a master's degree or its equivalent, and 66,000 H-2B visas for temporary non-agricultural workers. The Senate report makes it clear that the intention is "that this waiver of the numerical limitations for Guam and the CNMI is extended along with any extension of the five-year transition period.
With respect to long-term guest workers, the Act would require that "the [U.S.] Administration, in consultation with the CNMI, to report to Congress, no later than the second year after enactment on the population of aliens, status of aliens under federal law, future requirements of the CNMI for an alien workforce, and recommendations on whether Congress should consider permitting such workers long-term status under" U.S. law. No guarantees here, but the issue remains alive.
On fees, the Senate report "encourages the DHS, and all other Federal agencies involved in implementing the transition program period, to keep the costs associated with the transition program period on employers and non-immigrant guest workers at the same level as is currently being assessed by the CNMI government under local law."
On the visa waiver for tourists and other visitors: "The regulations should include countries for which the CNMI has received a significant economic benefit from the number of visitors for pleasure within the one-year period preceding the date of enactment. In drafting such regulations, the Committee encourages DHS to consult with the CNMI tourism industry to determine which tourists markets have contributed to the benefit of the CNMI economy and that such benefit can be measured in terms of hotel occupancy, length of stay, and expenditures." This provides a presumption, although not a guarantee, that China and Russia should be included, and special measures could be adopted to address any security concerns.
The law would also "allow the Governors of Guam and the CNMI to request DHS to create additional Guam or CNMI-only nonimmigrant visa categories if the ones provided for do not meet other circumstances."
The intent of Congress is extremely important in interpreting the obligations of federal executive branch in implementing the new law. If they ignore this intent, it could provide a basis for a lawsuit.
Now that Congress has explained exactly what it intended, we no longer need others to tell us what Congress intended. Unless you believe that these local "experts" know more about what Congress intended than Congress itself. There is no guarantee that this will all work out as intended. There is, however, plenty of good stuff to work with if everyone pulls together to make sure that this is done right. Let's all hope and pray that it will be done right, and work together to make that happen!
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