Kaipat -CNMI is Not a Colony -DUH

May 25, 2010

Deputy Secretary of the CNMI Department of Labor, Cinta Kaipat, is upset because the federal government has objected to the department withholding vital information and not cooperating with the federal government in implementing the CNRA, PL 110-229. Instead of providing access to the data bases, Kaipat is using the typical Fitial Administration strategy of attacking the messenger, deflecting from the truth, and repeating lies over and over in the hopes that someone may believe them.

In DOI testimony at the May 18th hearing and the recent GAO report, the CNMI was criticized for refusing direct access to immigration data bases and for not sharing critical data with federal agencies in a timely manner.

Kaipat responded by telling ICE spokesperson, Lori K. Haley, that "the CNMI is not a colony." What an inappropriate remark considering that the federal government has shown an immense amount of patience to a local territory that has defied federal law and overstepped local authority as far as the foreign workforce is concerned. What a dangerous game the CNMI is playing now.

On May 21, 2010 the Saipan Tribune reported:
“ICE has made repeated unsuccessful requests to DOL for the required additional biographical information for more than 500 referrals, but DOL has yet to respond to these requests. ICE is ready to review and determine appropriate action on the DOL referrals as soon as we receive the necessary follow-up information,” Lori K. Haley of ICE's public affairs officer/spokeswoman told Saipan Tribune.
Kaipat returned the criticism saying that the "CNMI should be treated as a partner. We are not a colony."

A Partner? Like the partnership established when Fitial sued the federal government in the ill-conceived multi-million dollar lawsuit? A partner like when the CNMI government refused to allow ICE use of the detention center so prisoners had to be flown off-island to be detained? A partner like when the CNMI refused the federal agencies direct access to immigration data bases? A partner like when the CNMI government balked at providing space at the airport? A partner like when the CNMI DoL and governor came up with the unconstitutional PL 17-1 which calls for foreign national Identification cards and other provision that are no longer within the authority of the local government? A partner like when the governor and other CNMI officials lied saying that they had no opportunity to express their opinions on the DOI report? (Even though there is conclusive evidence that there were multiple meeting with DOI and federal officials over the two year span.) A partner like when the CNMI DoL claimed that foreigners recognized as being legally in the CNMI by the federal government are deemed as being illegal by the CNMI DoL?

According to the Saipan Tribune, Ms. Haley responded to Kaipat's remarks by stating that ICE is "committed to removing criminal aliens who pose a threat to public safety."

Haley also pointed out that "ICE is responsible for enforcing federal immigration laws." Yes, ICE, a federal agency is responsible -- not any CNMI official, local department, or DoL, but ICE.

From DOI Assistant Secretary of Insular Affairs, Tony Babauta's testimony (emphasis added):
In addition, the CNMI government has made policy and legislative decisions that have led to much uncertainty for the community. For instance, the CNMI government issued umbrella permits to workers prior to the transition date (November 28, 2009), which it now states it has the power to revoke. While Federal agencies working with the CNMI to implement the CNRA have applauded the CNMI for issuing umbrella permits authorizing alien workers to remain and be employed in the CNMI for the first two years of the transition period, and have fully
recognized the validity of those permits during the time, the insistence of the CNMI government that the CNRA does not preempt its ability to continue to regulate alien employment is fostering a climate of confusion and disarray among workers and the business community.
Despite the best efforts of DHS (as well as DOI and DOL) to educate the community, workers, and businesses, the CNMI continues to administer the same procedures regarding employment of aliens as were required prior to the effective date of the CNRA, including issuing administrative decisions purporting to revoke or modify alien work authorization in the CNMI. The CNMI Office of the Governor and Department of Labor have issued guidance providing contradictory and incorrect information to the public, and advising employers in the CNMI that as long as they comply with local law they are not subject to an important Federal civil rights law enforced by the U.S. Department of Justice that the CNRA extended to the CNMI. In addition, through Public Law 17-1, the CNMI has mandated that most lawfully present aliens, whether admitted by the CNMI pre-November 28, 2009 or subsequently by DHS, as well as unlawfully present aliens, must register with the CNMI Department of Labor or face jail time, a fine, or both.
One result has been a rise in service providers promising that, for a fee, an alien can receive CNMI authorization to work and remain in the CNMI. Some of these service providers have obtained such authorization from the CNMI even though under the CNRA the CNMI is no longer in control of immigration and alien employment in the CNMI.
Further, aliens who possess long-term business permits, alien investors, and corporations with alien shareholders are being denied business license renewals until CNMI entry permits are renewed by the CNMI. Many do not want to risk the loss of business revenue to fight the CNMI and simply comply at a cost of $1,000 per entry permit.
The U.S. government needs to stop the games, stop the confusion, and stop the CNMI from continuing to overstep its authority. The CNMI government should not be allowed to violate people's civil rights and steal money from foreign workers, employers of foreign workers, foreign investors and others. Why doesn't the U.S. Department of Justice file an injunction against the CNMI DoL and Office of the Governor to end this destructive game?


Anonymous said...

Who actually accepted this aliens legally and made them illegal? And now they want them to be deported in the expense of Fed, that they supposed to deport them more than 10 years ago? My...!haha

Anonymous said...

Sorry, but the partnership ended once the feds figured out the CNMI's "reforms" were a nearly unbroken stream of lies, lies, and more lies. When you have a partner who lies and cheats, it's better to be on your own.

human said...

cheats!?uuppss!!its like one for you and two for me!?ha!ha!ha!

Anonymous said...

I don't think USA will agree to be a partner in crime or shall we say only lies.