Guam, CNMI want China, Russia in visa waiver

Haidee V. Eugenio


Before reading a summary of his formal testimony before the US House Subcommittee on Insular Affairs, Oceans and Wildlife in Washington, DC on May 19, Northern Marianas’ (CNMI) Governor Benigno R. Fitial shared a “bad news from home” that morning.
He said CNMI’s general obligation bonds rating was downgraded from Ba3 to B2 by Moody’s Investor Service due to key factors that include the demise of the once almighty garment industry and the uncertainty brought by federalization.
A further decline in the economy will result from the exclusion of China and Russia in the Guam-CNMI Visa Waiver Program, said Fitial.
Guam Governor Felix P. Camacho, Guam Vice Speaker Benjamin Cruz, Saipan Chamber of Commerce president James Arenovski and DFS Pacific Division director Jim Beighley echoed Fitial’s sentiments about the debilitating impact of excluding China and Russia in the visa waiver program not only in CNMI but also on Guam, given that tourist arrivals from the main markets of Japan and Korea have been declining.
They are among the witnesses at the subcommittee hearing who are pushing for a further delay in the implementation of federalization until the US Department of Homeland Security (DHS) has established additional layered security to allow Chinese and Russian tourists to be included in the visa waiver program and once DHS sets up efficient border controls.
“I can’t believe (that) with a $14 billion military buildup on Guam, we need any more security than that. What other state or part of our nation has such a buildup in its history?” Guam Delegate Madeleine Bordallo asked, referring to additional security measures needed by DHS to include China and Russia from the Guam-CNMI visa waiver program.
Richard Barth, DHS acting principal deputy assistant secretary for policy, said DHS is currently analyzing the comments received on the interim final rule on the visa waiver program.
“At this time, I’m not at liberty to discuss what, if any, changes might result from the analysis,” Barth told the subcommittee.
Guam’s Camacho said he recognizes the major hurdles that DHS has to address extending up a visa waiver program that will allow the inclusion of currently excluded countries while safeguarding US national security.
“In order to prevent irreparable harm to the CNMI, we recommend that the 180-day delay be extended yet again until DHS completes its task and provides the roadmap to achieve a security and visa processing objectives as intended by Congress.
“If further extension is warranted, however, it is imperative that Guam’s needs are also addressed in the interim, especially as regards…delinkage of the H-2 cap…(and) the inclusion of Hong Kong residents in our current visa waiver program…,” said Camacho.
The CNMI government projects a loss of over $56 million in direct and over $185 million in indirect economic impact annually once Russian and Chinese tourists are not allowed to enter the Marianas without a US visa by Nov. 28, 2009, the start of transition to federal immigration in CNMI.

MORE ONEROUS THAN
US VISA WAIVER PROGRAM
Bordallo, Sablan and other witnesses said the purpose for the special visa waiver program was to facilitate travel, but DHS’ regulations issued on January 16 made it more difficult for tourists to travel to the Marianas.
“I am deeply troubled that under the department’s regulations, the newly created Guam-CNMI Visa Waiver Program is actually more onerous in some respects than the mainland visa waiver program,” Bordallo said.
Bordallo, who chairs the US House Subcommittee on Insular Affairs, Oceans and Wildlife, said the subcommittee will consider the merits of the arguments presented by the witnesses during the oversight hearing on the implementation of the federalization law.
CNMI Delegate Gregorio Sablan, during the hearing, also asked Bordallo to consider holding another hearing prior to the Nov. 28, 2009 start of the transition to federal immigration in the CNMI.
“We will keep an eye on this,” Bordallo said.

ONLY $5 MILLION
BUDGET SO FAR
DHS has estimated that it will need over $97 million to fulfill its responsibilities under Public Law 110-229 but had only been budgeted some $5 million.
US President Barack Obama’s proposed Fiscal Year 2010 budget also does not specifically fund the buildup of CNMI’s borders.
Barth said DHS will reprogram funds for the CNMI federalization.
As of May 25, DHS has yet to issue proposed regulations on investor visas and CNMI-only transitional worker program, for public comment.
Fitial said DHS’ action and statements over the past few months have unnecessarily added to the community’s concerns.
“The department appears to be delaying its issuance of other critical regulations relating to investor visas and the future employment of foreign workers in the Commonwealth.
“Its statements regarding enforcement policies under federalization reveal an insistence on applying standard procedures without regard for the Commonwealth’s unique history or the human costs involved,” he said.
Fitial has a pending lawsuit against the US government over the implementation of the federalization law.
The start of transition to federal system was pushed back by 180 days, from June 1 to Nov. 28, 2009, the maximum allowed by law.
Ranking Republican member of the subcommittee, Rep. Henry E. Brown of South Carolina, asked Fitial about his recommended delay in the federalization implementation date.
“I’m asking for a full year delay (from Nov. 28, 2009),” Fitial told Brown, who will be traveling to the CNMI and Guam, along with other subcommittee members in August, as announced by Bordallo during the hearing.
A further delay in the start of federalization transition will require legislative action.

IMPROVED IMMIGRATION
STATUS FOR WORKERS
Some 8000 miles away from Washington, DC, groups of foreign workers and immediate relatives of US and Freely Associated States citizens were holding a peaceful assembly in the CNMI capital of Saipan to dramatize their call for an improved immigration status under federal immigration.
But Fitial, when asked during the hearing about the CNMI guest workers’ appeal, told the subcommittee: “I don’t think we should give citizenship to anybody who comes in and work for long term.”
The CNMI governor wants a delay on any discussions on the future status of long-term guest workers set by law to occur no later than May 2010.
Nikolao Pula, acting deputy assistant secretary of the US Interior’s Office of Insular Affairs, also asked Congress to extend the statutory deadline for the report on long-term foreign workers by one year to May 8, 2011.
He said this is to allow for time to gather sufficient data and other factors to complete the report.
The Saipan Chamber of Commerce, through its president James Arenovski, asked for the granting of a multiple-entry visa for transitional guest workers in the CNMI.
“Any foreign worker who is granted federal status, including as a transitional worker, should be issued a multiple-entry visa while within the Commonwealth for the same reasons I have described in relation to foreign investors.
“It is untenable to grant legal status and not grant the ability to exit and re-enter,” Arenovski said in his oral testimony at the hearing.
He said granting 'green cards' to foreign workers is not the answer to the CNMI’s labor issue under a federal system.
David Cohen, a former deputy assistant secretary of the US Interior’s Office of Insular Affairs, reiterated during the hearing that making long-term guest workers eligible for green cards would be the best way to stabilize the islands’ workforce.

NOT GIVING UP HOPE
Rabby Syed, president of the United Workers Movement, said the three-day peaceful assembly sent a strong message to the US Congress and workers about the plight of guest workers.
Florida-based human rights advocate Wendy Doromal said it is disturbing that OIA’s Pula asked for a delay in the implementation of the federalization law.
She said a year has passed and certain federal agencies should have already started gathering data needed to make a recommendation about the status of guest workers..
Doromal, a former Rota teacher, said a delay is not necessary because it will only prolong the uncertainty and instability of guest workers and their families.
As the subcommittee weighs the testimony presented at the May 19 oversight hearing, some 15,000 to 20,000 guest workers continue to hope for a more stable and improved immigration status once federalization kicks in.
“We will not lose hope because the US Congress will still have to decide on it,” said Yho Villavicencio, the worker group’s spokesperson.