Letter to Deanne Siemer from Malou

March 27, 2010


A letter to the editor by foreign worker, Malou Berueco raises questions many of us have asked. Who runs DOL? Is the ghost writer also a ghost Secretary of Labor? Read what Malou asks "volunteer" DOL attorney Deanne Siemer:
You have known me to be frank and outspoken. I don’t want addressing issues to Cinta Kaipat anymore because…

I have these observations and questions:

1) During the forum at PIC hosted by SHRM last March 19, 2010, the AG handed to the attendees (I was one of them) a thread of e-mails. One e-mail came from ICE requesting the CNMI-DOL (addressed actually to Jeff Camacho) to revoke the permit of such holder due to committing a criminal offense. Jeff Camacho sent you an e-mail stating “Boss, ___________ (this line was erased/covered with black marker) ___________. What do you think? ICE is asking US to revoke his permit. But Ms. Brown is saying that our permit can’t be revoked. HELP!” (Mind you, help was capitalized!-looks like really need BIG help).

My question: if Cinta Kaipat is the deputy secretary, why Jeff Camacho didn’t ask help from her but instead from you? Why are you being called “Boss”? Is our assumption correct, that you are the one manipulating the CNMI-DOL? How come they keep on saying, they will revoke the umbrella permit, when this e-mails clearly show the CNMI-DOL doesn’t even know WHEN and to WHAT circumstances they can actually revoke?

2) Cinta Kipat said there were about 200 umbrella permits that had been revoked and were already referred to ICE. Really? On what grounds? Then how about this statement from her (but I think, this statement came from you): “If a worker has not found employment for 6 months, the likelihood of locating employment in the future is very low and we are not required to allow that person to keep a permit over the long term.”

My question: If the umbrella permits were revoked this March 2010, it is not even 4 months yet, counting from November 2009. Pretending you have the authority to revoke the permit, your mathematics is poor. The sixth month after November 2009 is May 2010. Pretending again, you didn’t miscalculate, did the 200 umbrella permit holders all committed criminal offenses? Does DOC have a record?

3) The way the feds considered the umbrella permit is actually similar to what you were offering to us last Nov. 20 and 27, 2009. The “service provider” category. (Don’t tell me you can’t offer anything because you are a volunteer. The CNMI-DOL is relying on your HELP and you are called Boss). You were aware that I strongly disagreed with this one because we know you could not issue permits anymore and besides, accepting this would restrict us from our freedom of speech, press and assembly.

My question: Why does the CNMI DOL disagree with the feds, now that the feds are saying that umbrella permit holders can work “freely” until 2011, which is similar to the free labor market you were offering on the “service provider”? Is it because guest workers are no longer under the control of CNMI DOL?

MALOU H. BERUECO
For everyone who is still "confused" and wondering if they should continue to go to DOL, Federal Ombudsman Pamela Brown said that the federal government will NOT recognize the foreign national identification cards that the CNMI DOL proposed in an attempt to control the foreign employment and take more money from foreign nationals. Again, THE FEDERAL GOVERNMENT IS IN CHARGE OF IMMIGRATION AND FOREIGN EMPLOYMENT MATTERS. THE FEDERAL GOVERNMENT WILL NOT RECOGNIZE FOREIGN NATIONAL IDS.

25 comments:

Saipan Writer said...

Well, this adds only more confusion to the situation, imho.

Why did ICE ask DOL to revoke an umbrella permit (even for criminal conduct), if the CNMI DOL does not have any authority to revoke umbrella permits any more?

ugh.

Wendy said...

I didn't get that either, Jane.

Anonymous said...

ICE was handling deportation of a convicted sex offender. This was one of the earlier cases that ICE handled after November turnover. The ICE guys asked DoL to check on the criminals status in the CNMI. DoL reported back that the guy had an umbrella permit. ICE told them to revoke it as they were going to start deportation. I don't think these emails have any power of law or set or define procedure. It was informal communication in the early stages of transition (which we are still in now). I do not believe that if there was anything that DoL could have done to alter the deportation of the criminal.


Since these emails were sent, things have been further clarified and it has been clearly stated that DoL is no longer in control of overseeing aliens in the CNMI.

The AG passing this out at the SHRM meeting just shows how much of a schoolground bully he is trying to be and how far they would go to muddy the water.

BAROK said...

1)Umbrella Permit can be revoked if a holder commit a crime.
2) CNMI-DOL staff don't know their job.

Anonymous said...

Massage gate, juvenile defense of DOLs power, political favors --this AG has thrown his ethics out the window to kiss Fitial's butt.

Pam said...

What is disturbing is not what a temporary assigned ICE agent did or did not do. It is the fact that DOL is continuing to defraud thousands of dollars out of aliens and employers. Case in point, an employer who wanted to hire an alien this year, went to DOL to attend a "transfer" hearing. The alien did not have an umbrella permit. The hearing officer told the emplyer that this was not a problem and that it the employer paid $700 to DOL, it would issue a foreign national card to the alien and approve the transfer to the new employer. Basically, DOL is now duping unexpecting employers to hire aliens in direct contravention of federal immigration law.

To repeat once again, employment of aliens in the CNMI is now a federal matter. Judge Friedman has ruled exactly on this point against the CNMI. The case is settled, the US won.

Do not be duped into breaking federal law by DOL. Aliens and employers alike should come to my office if they encounter such circumstances.

Pam Brown
US Labor Ombudsman

Saipan Writer said...

Barok
We understand that Umbrella Permits can be revoked for criminal conduct. The question is by whom?

I think that power belongs to the Feds now. But their request that DOL do it is inconsistent with that idea.

So I'm struggling analytically with the theoretical / legal structure of these permits.

Wendy said...

It is time to sue DOL. Too bad the federal government is not doing this, but is instead allowing a local government not only to defy and violate federal law, but to scam employees and employers in the process. That means that the poorest of the poor in the CNMI, the foreign contract workers, will have to take legal action.

It is disgusting that the highest law official in the CNMI, the AG, is still telling people to go to DOL in defiance of federal officials' statements and written position and the judge's order. (See today's Saipan Tribune article, Continue coordinating with CNMI Labor

Anyone who goes to DOL instead of going to the ombudsman office at this point lacks common sense and can expect to be robbed of their money. People need to follow the ombudsman advice and go to her office with any questions or to reports scams from the CNMI DOL.

Anonymous said...

Very well said Wendy. It is just disgusting to see that the foreign contract workers are in the middle of two rocks colliding. I hope the Feds will do some actions as to protect the foreign contract workers. A lot of people are still confused/worried especially when the House Bill was signed into law by Fitial. I hope that the feds will do some reactions/move so as to enlighten the foreign contract workers on what to do with this issue. A lot of people are telling, they do not want to be in jail for 90 days and be fined...

Captain said...

You know I would not be surprised if the Feds are watching and taking this all down on the actions of DOL They maybe making a criminal case against certain people and agencies.
I sure hope this is what is happening. I guess we will have to wait and see.
But this last story from Pam sure sounds criminal to me.
And yes I may be "dreaming" again, but I am trying to look on the bright side of this mess.

Anonymous said...

Whoever that hearing officer was, she should be fired, disbarred, banned from conducting any business with the government, and prosecuted for fraud. Even if she is a volunteer.

Anonymous said...

Pamela S. Brown may well be right, but the “Captain”. No proof beyond a reasonable doubt for most of this activity.

Until USCIS issues preemptive regulations, it would be a stretch to argue that DHS has completely occupied the field.

Other than the few “obvious” cases where no umbrella permit was issued -- It would be interesting to know the CNMI rationale for that! “Necessity” due to USCIS CW regs inaction? -- most of the DoL actions are at least arguably within the scope of the CNRA absent any DHS written authority to the contrary.

Employers who want to do business with the CNMI must be in full compliance with CNMI law. Many businesses do not want to give up those opportunities, as tardy as payment may be.

It's a tough market out here. Why make trouble unnecessarily?

Saipan Writer said...

I disagree with the last anon's legal analysis. It's not a stretch to argue that the CNMI's actions with PL 17-1 are pre-empted. Both field pre-emption and conflict pre-emption would apply to this because the US law determines whether an alien is authorized to work. The CNMI is trying to use CNMI law to make that determination.

On a slightly different tack--why is there so much talk about Deanne ghost-writing for Jacinta? Is there any evidence of that? Is there anything to suggest that Jacinta (who, after all, has graduated from a US law school) couldn't and doesn't write her own letters and express her own opinion?

Does anyone really think Jacinta is being duped or pressured? I don't-I think these letters express her true opinions and she is hand-in-glove with the Fitial administration's policies on alien labor.

Anonymous said...
This comment has been removed by a blog administrator.
Wendy said...

Hi Jane:

Yes, there is evidence that Deanne is the writer for DOL and also for Cinta, and that she creates the documents that the DOL releases.

I agree that Cinta believes what Deanne, Fitial, and Willens believe. I also believe that Deanne is the DOL puppet master or "boss."

Captain said...

Wendy, Jane, this brings to mind the "exchange" that went on between Tina and DOL awhile back, when Tina was requesting info in her capacity as a Rep.. I know you remember that.
That was enlightening there about correspondence Deane using Cinta. (if my memory serve me correct.
Another thing, have you seen any letters that Cinta wrote while she was an elected official and listened to Cinta talk in public or on the floor.
It is very evident with the vocabulary and reasoning (lack of)between the two people.(Diane and Cinta)
Cinta does not seem to have learned the education (not being racist here)to be able to communicate and her views are leaning toward racism.(in my personal opinion)

Anonymous said...

I remember when I attended a forum about the PL 15-108 at the Phil. Consulate and among the panelists were Cinta and Deanne discussing about PL 15-108. During the forum, Cinta claimed she wrote the public law but during the question and answer portion, I remember question were asked directly to Cinta but she never answered any single question with clarity and in fact most of the questions were answered by Deanne.

If Cinta wrote the public law, which she claims she did, then she should have answered most if not all of the question that were asked.

I remember when I wrote my thesis when I was in college, and during my defense, I answered all of the questions with clarity. Just a thought...

Anonymous said...

I agree with wendy and the Captain regarding Deanne and Cinta. I believe that Deanne and her husband were actually drafted the controversial law. Cinta being the deputy secretary of labor wants to be in the picture and she contacted Rep. Demapan to sponsor it. Cinta and Rep. Demapan knows each other very well because before Mr. Demapan became a Representative you can see him almost everyday at the DOL processing the papers of contract woorkers on behalf of the employers, etc. Now, the question is who used who? Deanne used Cinta or Cinta used Deanne and Mr. Demapan, or Mr. Demapan used Deanne and Cinta since he is not a lawyer and probably can not make his own bill?

Anonymous said...

Malou you probably misunderstood the email of Jeff Camacho. I know Jeff because I have attended hearings at the DOL in the past and Jeff call all his superiors in the DOL "Boss" whether he/she is a hearing offficer, department head, DOL legal counsel, Secretary and Deputy Secretary of DOL.

Anonymous said...

Cinta most certainly did not write PL 15-108 any more than she wrote PL 17-1. Deanne wrote both laws, and most of the committee reports(that probably none of the legislators, Cinta included, bothered to read). Deanne also wrote the regulations for PL 15-108, and probably is working on the new ones for PL 17-1. If you talk to her about it you might be able to hear her brag about how she wrote these crap laws, then wrote these crap regulations that don't even follow the laws, and how she got everyone in the CNMI government to go along with it like fools. But crap is still crap. Nothing to brag about.

Anonymous said...

Malou you probably misunderstood the email of Jeff Camacho. I know Jeff because I have attended hearings at the DOL in the past and Jeff call all his superiors in the DOL "Boss" whether he/she is a hearing offficer, department head, DOL legal counsel, Secretary and Deputy Secretary of DOL.

Anonymous said...

Cinta most certainly did not write PL 15-108 any more than she wrote PL 17-1. Deanne wrote both laws, and most of the committee reports(that probably none of the legislators, Cinta included, bothered to read). Deanne also wrote the regulations for PL 15-108, and probably is working on the new ones for PL 17-1. If you talk to her about it you might be able to hear her brag about how she wrote these crap laws, then wrote these crap regulations that don't even follow the laws, and how she got everyone in the CNMI government to go along with it like fools. But crap is still crap. Nothing to brag about.

Anonymous said...

she didn't just write the laws, she writes Cinta's letters as wendy wrote about here:

http://unheardnomore.blogspot.com/2008/12/before-you-hit-send-button.html

Islander said...

Wendy,
The entire cnmi govt are corrupt..
I thought AG are appointed to protect the public, CHECK out the case of Aldan, very clear that the AG switch positions and now has become a defense on behalf of Dolores Aldan another culprit of the Fitial.. I'm embarrassed, humiliated, by what's going on.. Don't be suprise if they legalize prostitution and murder.
Augh.......

Islander said...

We all need to be heard elsewhere or fitial will bury us alive.. Stop calling him the GOv.. Any idea how can we oust him?