More Defiant Department of Labor Actions

July 26, 2010

The CNMI Department of Labor reported that it "revoked an umbrella permit" of a foreign worker.
From the Saipan Tribune:
Labor administrative hearing officer Jerry Cody ordered Misamis Construction (Saipan) Ltd. to pay $3,402 in contractual damages to Macario Y. Mauricio for work not provided in violation of his contract.

Cody denied Mauricio's request to transfer to a new employer and referred the matter to Labor's Enforcement Section for proceedings to revoke his umbrella permit.
Apparently the DOL employee can't read or thinks he can disobey federal law. The USCIS stated clearly and in writing that umbrella permits "could not be revoked" and the US government would not recognize any such revocation by DOL.

From the USCIS Questions and Answers: (emphasis added)
Q. Can an umbrella permit be extended or revoked?
A. Umbrella permits are valid through Nov. 27, 2011; the maximum period of time permitted by Federal law, and cannot be extended. An employee will need another work authorization under Federal law to continue to work after that date. Even if CNMI authorities revoke a holder’s umbrella permit, the holder remains authorized to work under Federal law until Nov. 27, 2011.
PL 17-1 and  PL 15-108 are begging to be challenged.

Waiting for Arizona Decision

The clock is ticking. In less than a week the Arizona anti-immigrant law will go into effect, unless Judge Susan Bolton issues a preliminary injunction.

Meanwhile security is being increased at the US District Court building in Phoenix as DHS vehicles arrived and a fence was erected around the courthouse to keep protesters at a distance when the ruling is announced.

Busloads of Californians with the AFL-CIO  are scheduled to arrive in Arizona this weekend without identification or "papers" to dare police to arrest them.

Governor Janice K. Brewer's attorneys filed a Motion to Dismiss today.


Anonymous said...

DoL will continue to thumb its nose at the feds until they are stopped in court. Everyone has seen Fitial and his special advisors push the envelope. When will they push too far?

Anonymous said...

This is a test case for the Ombudsman. Pam Brown said she will help OCW whose umbrella permit has been revoked by the CNMI DOL. She said there are lawyers who will help OCW in filing a lawsuit. Pam Brown should now help Mr. Mauricio in order to stop the DOL from their illegal activities.