Today, their CNMI-issued umbrella permits will expire. Those without a federal parole in place will start to accumulate unlawful presence in the United States.
The term “parole,” when used by federal immigration officials, means “permission to be in the United States,” according to U.S. Citizenship and Immigration Services.
U.S. Department of Homeland Security, in its published transitional CW final rule, estimated that 16,258 foreign workers and 1,176 businesses in the CNMI will be subject to the final rule.
About 1,909 of these workers may qualify for a nonimmigrant work visa available under the U.S. Immigration and Nationality Act.
At least 950 private domestic household workers will not be eligible for CW status, and 183 out-of-status workers will be replaced with new foreign workers who can legally obtain CW status, the final rule added.
“This calculation leaves 13,399 foreign workers potentially eligible for CW status. In addition, we estimate that approximately 1,557 spouses and dependent children of foreign workers will apply for admission under a second CW status category,” DHS said.
Variety talked to some advocates/leaders of guest workers regarding the ongoing removal proceedings in the Saipan immigration court.
“Our mission is to provide legal assistance to victims of labor and immigration abuses, discrimination, trafficking, domestic violence, sexual coercion and implement long term humanitarian assistance program not only to workers but to the whole community as a whole with the aid and support of other non-government entities,” said Rene Reyes, president of Marianas Advocates for Humanitarian Affairs Ltd., or MAHAL, in an email to Variety. “Mahal” is Filipino for love.
Reyes said they are holding fundraisers.
Human Dignity president Itos Feliciano said in an email: “Whenever an alien worker with immigration problem comes to me for assistance, my group can only do so much as to give them advice and inform them of their rights. With regards to legal representation, I can always direct them to people that can help. About financial help, let me inform you that my group never asked for donations nor did any solicitations.”
“We are only here to support what we think is going to benefit, not only us but all the long term contract workers. So we definitely can’t help financially,” Feliciano added.
In a separate interview, United Workers Movement president Rabby Syed, Dekada Movement leader Bonifacio Sagana and Carlito Marquez said nonresidents, regardless of their country of origin or affiliation with other groups, can come to their campsite outside the USCIS office in Garapan, so they can be assisted.
Sagana and Marquez are among those who took the federal government to court to prevent the implementation of the CW rule.
When asked if a nonresident who has no money for attorney representation can still approach the group, Syed said there are no available funds for legal representation.
“But we could talk to lawyers on island, and explain the situation,” he added.
Syed said their group could also provide transportation for nonresidents who have to attend their immigration court hearings.
He said they do not know the total number of nonresidents undergoing removal proceedings.
But some nonresidents have already approached them and are seeking help.
Syed said those who have received notices to appear should attend their scheduled court hearings even though they still don’t have lawyers.
Philippine Consul General Medardo Macaraig told Variety there are funds for legal assistance but these are for labor, or criminal, and not immigration matters.
For his part, Bong Malasarte of the United Filipino Organizations said UFO “is not an advocate group and not involved in any legal/financial assistance” to those facing removal proceedings.
