THE U.S. Department of Homeland Security published on Monday an interim final rule revising the language of certain immigration regulations so that the asylum program observed in the country would not apply to the U.S. Commonwealth of the Northern Mariana Islands even as the U.S. immigration law is extended to the islands on Nov. 28.
The changes were posted in the Federal Register jointly with the U.S. Department of Justice’s Executive Office for Immigration Review.
“This rule specifically amends references to the geographical ‘United States’ and its territories and possessions; alien classifications authorized for employment; documentation acceptable for Employment Eligibility Verification (Form I-9); employment of unauthorized aliens; adjustment of status of immediate relatives admitted under the Guam-CNMI Visa Waiver Program; and the regulations governing asylum and credible fear of persecution determinations,” the DHS said in a statement.
“This rule also makes a technical change to correct a citation error in the regulations governing the Visa Waiver Program and the regulations governing asylum and withholding of removal,” it added.
According to the 47-page Commonwealth’s Protocol for Implementation of U.S. Public Law 110-229 or the Consolidated Natural Resources Act of 2008, the commonwealth will not provide any asylum services after the transition date, Nov. 28.
Gov. Benigno R. Fitial is expected to recommend to the local Legislature to repeal in its entirety Public Law 13-61 which amended the Commonwealth Entry and Deportation Act of 1983 to authorize the Office of the Attorney General to promulgate rules and regulations relevant to the international conventions and treaties that deal with the status and treatment of persons fearing persecution, torture, cruelty, inhumane or degrading treatment or punishment in their country of origin.
Some asylum cases were identified as pending in the CNMI which will be turned over to the U.S. Citizenship and Immigration Services.
“As of Sept. 1, 2009, there are very few pending asylum cases. Cases arising before Nov. 28, 2009 will be held and turned over to USCIS without action by the commonwealth. All files and records with respect to the asylum program, as administered by the commonwealth, will be delivered to USCIS in the commonwealth by the CNMI Attorney General on or before the transition date,” the protocol documents stated.
The CNMI government introduced a refugee protection program in 2004.
The DHS said the U.S. Congress passed CNRA, extending U.S. immigration laws to the CNMI, to ensure effective border controls and address national security and homeland security concerns. U.S. immigration law includes INA and “all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.”
