Effective November 17, 2009, CNMI Attorney General Ed Buckingham has issued an official delegation of authority to the Secretary of Labor to grant two-year umbrella permits to foreign national workers, including workers with pending local or federal cases; to the Secretary of Commerce to grant two-year umbrella permits to foreign students, foreign investors, foreign business permit holders, and foreign retiree investors; and to the Director of Immigration to issue two-year umbrella permits to overstayers on a case-by-case basis for humanitarian reasons.  Umbrella permits granted prior to the effective date of this delegation of authority have been grandfathered.  The delegation of authority is attached in this email.

 

At a recent public forum on the umbrella permit program, one especially common and pressing question asked by forum attendees was regarding the authority of the Department of Labor to issue umbrella permits to foreign nationals in the CNMI, rather than the Division of Immigration.  Another common question was whether such permits would be recognized by the federal government as valid CNMI immigration permits, if the permits were not actually being issued by the Division of Immigration.  Some of the attorneys on the forum panel had agreed that the legitimacy of the umbrella permits might indeed be questioned if there was no clear recognition of their legitimacy by the Office of the Attorney General Attorney, Division of Immigration.  Other common questions involved foreign nationals in other permit categories, overstayers, and individuals with pending local or federal cases. 

 

Kudos to Attorney General Buckingham, his staff, the members of the immigration protocol task force, and the Office of the Federal Ombudsman for reviewing the legal issues and questions regarding the umbrella permit program, and to the Attorney General for providing clarification through this delegation of authority.  Kudos also go to the numerous worker organizations and advocates who were instrumental in bringing these and other issues to light, and who urged for their resolution.       

   

Federal Ombudsman Pam Brown has advised that no worker should go to the Department of Labor for umbrella permits without a copy of Mr. Buckingham's delegation attached.  The Office of the Ombudsman will be open this weekend to assist workers.     Tagalog and Sri Lankan speakers may call 322-8034 or 322-8038 and ask for Cris or Glen.  Mandarin, Cantonese, or Bangladeshi speakers may call 322-8033 or 322-8037 and ask for Li or Ripon.

 

Thanks very much and have a good evening,

 

Tina Sablan