There are talks about making the local elections coincide with elections in the states, Saipan Tribune reports today.
This means that, at some point--and that point could be soon--elected officials would either have their term in power cut short by one year or, more likely, get one bonus year in office.
Could we be in for two and a half more years of Ben and Tim?
Showing posts with label Delegate Bill. Show all posts
Showing posts with label Delegate Bill. Show all posts
May 14, 2008
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!
Apr 30, 2008
News Flash: House Passes Federalization and Delegate Bill...
...by a vote of 291 to 117. Unless President Bush vetos it (not likely), the bill will become law within 10 days.
House Clears Final Hurdle for CNMI Immigration Bill
Washington, D.C. – The U.S. House of Representatives today took the final legislative step needed by the Congress to approve legislation to extend U.S. immigration laws to the Commonwealth of the Northern Mariana Islands (CNMI) and to authorize a CNMI non-voting Delegate to the House of Representatives. The legislation, which passed by a vote of 291-117, will now be sent to the White House to be signed into law.
“For too long, abuses took place in the CNMI, and for too long, remedial legislation was held hostage in this body. Let this legislation bring forth a new dawn, a start of a new era, and with a Delegate to this body, let the voices of the people of the CNMI be heard,” said House Natural Resources Committee Chairman Nick J. Rahall (D-WV), a co-sponsor of the bill.
The Northern Mariana Islands Immigration, Security and Labor Act (ISLA) and the Northern Mariana Islands Delegate Act (H.R. 3079), which would extend U.S. immigration laws to the CNMI and establish a federally administered guest worker program on the island, was unanimously approved by the House on December 11, 2007. H.R. 3079 was later incorporated into a larger package of bills, the Consolidated Natural Resources Act of 2008 (S. 2739), sponsored by Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-NM); the legislation was approved by the U.S. Senate on April 10, 2008.
Delegate Donna M. Christensen (D-VI), Chairwoman of the Subcommittee on Insular Affairs and chief sponsor of H.R. 3079, praised the passage of the legislation and said, “The Congress’ approval of ISLA will ensure that employers have the ability to fill jobs, continue vocational training to empower CNMI residents with skills needed to succeed in their economy, foster partnerships with neighboring Guam to diversify the region’s economy, maintain adequate protections for the non-resident guest worker community, and strategically secure the Marianas archipelago.”
“Extending federal immigration law to the Commonwealth of the Northern Marianas closes the guest worker loophole under which so many were held in modern slavery. The Constitution’s guarantee of freedom must apply everywhere in the United States, no matter how remote,” said House Judiciary Committee Chairman John Conyers, Jr., (D-MI), a co-sponsor of H.R. 3079.
“The people of the Commonwealth of the Northern Mariana Islands will have a greater voice in Congress with the authorization for the election and seating of a Delegate to represent them in the House of Representatives. I look forward to the day that the Delegate from the CNMI is sworn in to the House of Representatives. This is long overdue, and a very important component of this omnibus, consensus bill. I thank Chairwoman Donna Christensen and Chairman Nick Rahall for their leadership in advancing this comprehensive legislation and ensuring the Delegate bill was made part of the overall effort,” said Congresswoman Madeleine Z. Bordallo (D-GU).
The Bush Administration has testified before both the House and Senate in support of the legislation. Chairwoman Christensen, expressing a strong concern that all people on the CNMI have an opportunity to voice their opinions on H.R. 3079, held the first Congressional hearing on the islands in August 2007.
Apr 14, 2008
Delegate candidates
Because the enactment into law of S. 2739 is now "inevitable," to use Wendy Doromal's word, the names of possible candidates for the CNMI's first non-voting delegate to the U.S. House of Representatives in November have started to circulate.
So far, the names we have heard are:
1. Pete A. Tenorio, the current CNMI resident representative to Washington, D.C.
2. Juan N. Babauta, former governor and former CNMI resident representative to Washington, D.C.
3. Greg "Kilili" Sablan, the current executive director of the Commonwealth Election Commission
4. Robert Torres, a former attorney general and now in private law practice
There may be more. Who can do the job best?
So far, the names we have heard are:
1. Pete A. Tenorio, the current CNMI resident representative to Washington, D.C.
2. Juan N. Babauta, former governor and former CNMI resident representative to Washington, D.C.
3. Greg "Kilili" Sablan, the current executive director of the Commonwealth Election Commission
4. Robert Torres, a former attorney general and now in private law practice
There may be more. Who can do the job best?
Apr 11, 2008
Breaking News: Senate Passes Federalization and CNMI Delegate Legislation
At 3:50PM Thursday Washington, D.C. time (5:50AM Friday CNMI time), the U.S. Senate passed S. 2739 by a vote of 91-4. Under Title VII of S. 2739, the Federal Government would assume authority over CNMI immigration.
The bill will now go back to the House for routine concurrence (the House already unanimously passed a virtually identical bill) and will likely be signed into law by President Bush in the next couple of weeks.
The Federal Government will take control of the CNMI's guest worker program in a year, although the start date can be delayed by six months. The special CNMI-only guest worker program is initially scheduled to be phased out by December 31, 2014. The phase-out period can, however, be extended indefinitely for periods of up to five years as long as a need can be demonstrated. The CNMI will also, however, always be able to admit foreign workers under the same visas that apply to the rest of the U.S., and during the transition period will not be subject to national caps on H-1B visas (for specialty or professional workers) or H-2B visas (for temporary nonagricultural workers). Contrary to misinformation that has been spread, S. 2739 would not phase out foreign workers in the CNMI; it would simply phase out, at the end of the (indefinitely extendable) transition period, the special CNMI-only guest worker program. Workers could still come to the CNMI under all U.S. visa categories, and there may even be special CNMI-only visa categories added in the future.
Within two years, the Secretary of the Interior (in consultation with the Secretary of Homeland Security and the Governor of the CNMI) must provide Congress with a report that should include the Secretary of the Interior's recommendations on whether guest workers should be permitted to apply for long-term status under U.S. law.
S. 2739 would also provide for a special visa waiver program for Guam and the CNMI to promote tourism. Citizens of countries on the "visa waiver" list would be able to travel to Guam and/or the CNMI for business or pleasure for up to 45 days without having to go through the hassle of applying for a visa. Any country that has provided a "significant economic benefit" through tourism to the CNMI during the past year (including, Saipan Middle Road would suggest, China and Russia) would be on the visa waiver list unless the Secretary of Homeland Security determines that such country's inclusion on the list would be a threat to welfare, safety or security.
The law would also allow the CNMI and Guam Governors to petition the Secretary of Homeland Security and the Secretary of the Interior to add additional countries to the visa waiver list. There is already a pretty long list of countries whose citizens can travel to Guam without a visa. It is a pretty good bet that all of these countries would also be included in the new Guam-CNMI visa waiver program. The Governors can also petitition for consideration of additional special visas for Guam and the CNMI, such as for students or retirees.
The bill provides a good deal of flexibility to the Executive Branch to develop regulations and policies to implement the law. However, the Executive Branch is required to be guided by the following: "In recognition of the Commonwealth's unique economic circumstances, history, and geographical location, it is the intent of the Congress that the Commonwealth be given as much flexibility as possible in maintaining existing businesses and other revenue sources, and developing new economic opportunities."
Finally, S. 2739 will give CNMI voters the opportunity to elect a non-voting delegate to the U.S. House of Representatives in November of this year and every two years thereafter.
Here are a couple of questions to consider:
Will the passage of the federalization bill help those who have opposed federalization find common ground with those who have supported it, now that we all have the same interest in making sure that federalization is implemented in a way that supports growth and opportunity for the CNMI?
Will the CNMI administration's allies continue to explore the idea of longer-term residence for CNMI guest workers?
The bill will now go back to the House for routine concurrence (the House already unanimously passed a virtually identical bill) and will likely be signed into law by President Bush in the next couple of weeks.
The Federal Government will take control of the CNMI's guest worker program in a year, although the start date can be delayed by six months. The special CNMI-only guest worker program is initially scheduled to be phased out by December 31, 2014. The phase-out period can, however, be extended indefinitely for periods of up to five years as long as a need can be demonstrated. The CNMI will also, however, always be able to admit foreign workers under the same visas that apply to the rest of the U.S., and during the transition period will not be subject to national caps on H-1B visas (for specialty or professional workers) or H-2B visas (for temporary nonagricultural workers). Contrary to misinformation that has been spread, S. 2739 would not phase out foreign workers in the CNMI; it would simply phase out, at the end of the (indefinitely extendable) transition period, the special CNMI-only guest worker program. Workers could still come to the CNMI under all U.S. visa categories, and there may even be special CNMI-only visa categories added in the future.
Within two years, the Secretary of the Interior (in consultation with the Secretary of Homeland Security and the Governor of the CNMI) must provide Congress with a report that should include the Secretary of the Interior's recommendations on whether guest workers should be permitted to apply for long-term status under U.S. law.
S. 2739 would also provide for a special visa waiver program for Guam and the CNMI to promote tourism. Citizens of countries on the "visa waiver" list would be able to travel to Guam and/or the CNMI for business or pleasure for up to 45 days without having to go through the hassle of applying for a visa. Any country that has provided a "significant economic benefit" through tourism to the CNMI during the past year (including, Saipan Middle Road would suggest, China and Russia) would be on the visa waiver list unless the Secretary of Homeland Security determines that such country's inclusion on the list would be a threat to welfare, safety or security.
The law would also allow the CNMI and Guam Governors to petition the Secretary of Homeland Security and the Secretary of the Interior to add additional countries to the visa waiver list. There is already a pretty long list of countries whose citizens can travel to Guam without a visa. It is a pretty good bet that all of these countries would also be included in the new Guam-CNMI visa waiver program. The Governors can also petitition for consideration of additional special visas for Guam and the CNMI, such as for students or retirees.
The bill provides a good deal of flexibility to the Executive Branch to develop regulations and policies to implement the law. However, the Executive Branch is required to be guided by the following: "In recognition of the Commonwealth's unique economic circumstances, history, and geographical location, it is the intent of the Congress that the Commonwealth be given as much flexibility as possible in maintaining existing businesses and other revenue sources, and developing new economic opportunities."
Finally, S. 2739 will give CNMI voters the opportunity to elect a non-voting delegate to the U.S. House of Representatives in November of this year and every two years thereafter.
Here are a couple of questions to consider:
Will the passage of the federalization bill help those who have opposed federalization find common ground with those who have supported it, now that we all have the same interest in making sure that federalization is implemented in a way that supports growth and opportunity for the CNMI?
Will the CNMI administration's allies continue to explore the idea of longer-term residence for CNMI guest workers?
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