Last Updated: Thursday, 17 April 2014, 13:11 GMT

Northern Mariana Islands: Title 3, Division 4: Immigration

Publisher National Legislative Bodies
Publication Date 1977
Cite as Northern Mariana Islands: Title 3, Division 4: Immigration [Northern Mariana Islands],   1977, available at: http://www.refworld.org/docid/3ae6b5380.html [accessed 19 April 2014]
Comments This is the revised consolidation as of January 1997 provided by the Commonwealth Law Revision Commission.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

CHAPTER 1.
Interim Citizenship Status.

Article 1.
Interim Citizenship.

§ 4111.Interim Citizenship: Defined.

For the period from March 6, 1977, the date of approval of the Commonwealth Constitution by the people of the Commonwealth to the termination of the Trusteeship Agreement, the term United States citizen or United States national as used in Commonwealth law includes those persons who, on March 6, 1977, the date of the approval of the Constitution by the people of the Northern Mariana Islands, did not owe allegiance to any foreign state and who qualified under one of the following criteria:

(a)Persons who were horn in the Northern Mariana Islands, who were citizens of tile Trust Territory of the Pacific Islands on the date of the approval of the Constitution by the people of the Northern Mariana Islands, and who on that date were domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof;

(b)Persons who were citizens of the Trust Territory of the Pacific Islands on the date of the approval of the Constitution by the people of the Northern Mariana Islands, who had been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Mariana Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to January 1, 1975; or

(c)Persons domiciled in the Northern Mariana Islands on the date of the approval of the Constitution by the people of the Northern Mariana Islands who, although not citizens of the Trust Territory of the Pacific Islands, oil that date had been domiciled continuously in the Northern Mariana Islands beginning prior to January 1, 1974.

Source:

Covenant § 301 and N. M. I. Const. Sched. on Transit'l Matters § 8; see also PL 1-6, § 3.

Commission Comment:

PL 1-6 took effect July 14, 1979. According to Presidential Proclamation 5564, 51 Fed. Reg. 40399 (Nov. 3, 1986), reprinted in the Commonwealth Code preface material, the United Nations Trusteeship Agreement with respect to the Northern Mariana Islands terminated November 3, 1986. In Security Council Resolution 683 (Dec. 22, 1990), also reprinted in the Commonwealth Code preface material, the United Nations Security Council determined that the Trusteeship Agreement with respect to the Northern Islands "has terminated."

Article 2.
Certificate of Identity Act.

§ 4121.Certificate of Identity: Purpose.

The purpose of article is to establish a procedure to identity those persons in the Commonwealth who are interim citizens of the United States pursuant to the provisions of N. M. I. Const. Schedule on Transitional Matters § 8: who are entitled to all privileges and immunities of citizens in the several states of file United States pursuant to Covenant § 304; to provide for the issuance of a certificate of identity to those persons; to establish a processing fee; to provide penalties for certain violations; and for other purposes.

Source:

PL 1-6, § 2, modified.

Commission Comment:

Executive Order 94-3, the "Second Re-organization Plan of 1994" (effective August 23, 1994), reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3. §§ 201 and 301:

-Section 201. Passports and Certificates of Identity. The functions of the Attorney General and the Immigration and Naturalization Officer (including those as Chief of Immigration) relating to Certificates of Identity or United States passports are transferred to the Governor and delegated to the Special Assistant for Administration. The Special Assistant for Administration may designate and qualified officer or employed of the Commonwealth Government to serve as an examining officer pursuant to 3 CMC § 4126.

-Section 301. Department of Labor and Immigration.

(c)Immigration.

(1)The Office of Immigration and Naturalization is re-designated the Immigration Service and is transferred to the Department of Labor and Immigration as a division of that department. The Immigration Service shall have at its head a Director of Immigration, who shall have all the powers assigned by law to the Immigration and Naturalization Officer, except any power transferred pursuant to Section 201 of this plan. The position of Immigration and Naturalization Officer is abolished.

(2)All functions of the Attorney General relating to immigration and naturalization, are transferred to the Secretary of Labor and Immigration except:

(A)any function transferred pursuant to Section 201 of this plan,

(B)the hearing of immigration appeals as provided in 3 CMC § 4336(d), and

(C)the constitutional function of legal representation.

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

§ 4122.Certificate of Identity: Eligibility.

The Governor, through the Chief of Immigration, shall issue certificates of identity to all persons who, on the date of approval of the Constitution (March 6, 1977) by the people of the Commonwealth, did not owe allegiance to any foreign state and who qualify under one of the three criteria set forth in 3 CMC § 4111.

Source:

PL 1-6, § 3.

Commission Comment:

With respect to the reference to the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4123.Certificate of Identity: Rules and Regulations.

The Chief of Immigration is authorized to promulgate uncomplicated but adequate rules and regulations designed to expedite the accomplishment of the purpose of this chapter and the enforcement of its provisions.

Source:

PL 1-6, § 4.

Commission Comment:

With respect to the reference to the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4124.Certificate of Identity: Application.

An application for a certificate of identity by a person or on behalf of a person shall be submitted to the Department or Immigration on a form provided by the Department of Immigration and be accompanied by a nonrefundable fee of $5 payable to the Commonwealth Treasury. The application shall be supported by evidence, documentary and otherwise, sufficient to establish entitlement to the certificate or identity including, but not limited to, birth, baptismal and marriage certificates.

Source:

PL 1-6, § 5.

Commission Comment:

With respect to the references to a "certificate of identity" and to the "Department of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4125.Application Procedure: Examination Upon Application.

Each applicant, when notified to do so, and a parent or guardian if any, shall appear in person at the Department of Immigration office for examination under oath or affirmation upon the application. At the examination the applicant, or parent or guardian of the applicant, shall present testimony and evidence pertinent to the claim to citizenship and shall have the right to meet any evidence adverse thereto and to cross-examine witnesses that may be called by the government.

Source:

PL 1-6, § 6.

Commission Comment:

With respect to the reference to the "Department of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4126.Application Procedure: Examining Officers.

The Chief of Immigration shall designate qualified members of the staff from the immigration service as examining officers to conduct examinations. Each such examining officer shall have the authority to administer oaths or affirmations.

Source:

PL 1-6, § 7.

Commission Comment:

With respect to the reference to the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4127.Application Procedure: Assistance of Counsel.

When the examination begins, the examining officer shall advise the applicant, or the parent or guardian of an applicant, as the case may be, of the right to full representation by an attorney of choice. Waiver of the right shall be in writing, signed by the applicant, or the parent or guardian of the applicant, as circumstances dictate.

Source:

PL 1-6, § 8.

§ 4128.Application Procedure: Content of Hearing.

During the examination all pertinent evidence, subject to the right of examination or cross-examination, is admissible without regard to the formal rules of evidence or procedure adopted by the Commonwealth Trial Court, but the applicant or the parent or guardian of an applicant is entitled to discovery pursuant to the rules of court. A personal record of the examination proceedings shall be made by the examining officer but the cost of employing a reporter to take testimony during the course of examination shall be borne by the party requesting the reporter.

Source:

PL 1-6, § 9.

Commission Comment:

Section 4 of PC 6-2-5, the "Commonwealth Judicial Reorganization Act of 1989," provides that "[w]herever the term 'Commonwealth Trial Court' appears in the Commonwealth Code, it is henceforth to be interpreted and understood to refer to the Commonwealth Superior Court."

§ 4129.Application Procedure: Depositions.

If satisfied that a witness whose testimony is essential is not available for examination in the United States, the examining officer may authorize the taking of a deposition abroad by written interrogatories before an officer of the immigration service or a United States consular officer.

Source:

PL 1-6, § 10.

§ 4130.Application Procedure: Report of Examining Officer.

After the examination, the examining officer shall prepare a report containing his or her findings and recommendation relative to the eligibility of the applicant to receive a certificate of identity. The report and recommendation, along with the record of proceedings "required by 3 CMC § 4128, shall be submitted to the Chief of Immigration who upon review shall approve or disapprove the recommendation of the examining officer.

Source:

PL 1-6, § 11.

Commission Comment:

With respect to the reference to the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4131.Application Procedure: Action by Chief of Immigration.

Where an application for a certificate of identity is approved the Chief of Immigration shall issue the certificate forthwith. If the decision of the Chief of Immigration is that the application shall be denied, notification of that fact in writing, and the right to appeal to the Attorney General, shall be furnished to the applicant.

Source:

PL 1-6, § 12.

Commission Comment:

With respect to the references to the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4132.Penalty Provisions: Certificates of Identity.

(a)Fraudulent Statements. Whoever, in any matter connected with an application for a certificate of identity, knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or uses any false, fictitious or Fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall, upon conviction, be fined not more than $3,000, or imprisoned not more than three years, or both.

(b)Unlawful Issuance. Whoever, contrary to law, knowingly procures or attempts to procure a certificate of identity or whoever, whether for himself or another person not entitled thereto, knowingly issues a certificate of identity, shall upon conviction be lined not more than $5,000 or imprisoned not more than five years or both.

(c)Unlawful Use or Issuance. Whoever knowingly and unlawfully uses or attempts to use a certificate of identity, or copies or duplicates thereof, issued to another person, or in a fictitious name or in the name of a deceased person as showing United States citizenship, shall upon conviction be fined not more than $5,000 or imprisoned not more than five years, or both.

(d)Unlawful Sale or Disposition. Whoever unlawfully sells or disposes of a certificate of identity or copies or duplicates other documentary evidence of a certificate of identity shall, upon conviction, be fined not more than $5,000 or imprisoned not more than five years, or both.

(e)Perjury. Whoever, having taken an oath before an officer or person, in any case in which a law of the Commonwealth government authorizes an oath to be administered, that he or she will testify, declare, depose, or certify truly or that any written testimony, declaration, deposition, or certification, is true, willfully and contrary to such oath states or subscribes any material which the person does not believe to be true, is guilty of perjury and shall be fined not more than $2,000 or imprisoned not more than five years; or both.

(f)Subornation of Perjury. Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined not more than $2,000 or imprisoned not more than five years, or both.

Source:

PL 1-6, §§ 13-18.

Commission Comment:

With respect to the references to a "certificate of identity," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

CHAPTER 2.
Permanent Residency Status.

§ 4201.Permanent Residency: Repeal of Authorizing Act.

Public Law 5-11, establishing a permanent residency status in the Northern Mariana Islands, is hereby repealed in its, entirely.

Source:

PL 2-17, § 1.

Commission Comment:

PL 2-17 took effect April 23, 1981. The reference to "Public Law 5-11" in this section is apparently a reference to DL 5-11, which took effect April 1, 1977, and was repealed by PL 2-17. PL 2-17, § 2 (codified as 3 CMC § 4202 preserved the rights and status of persons who were granted or applied for permanent residency status pursuant to DL 5-11 prior to the effective date of PL 2-17.

As enacted, DL 5-11 provided:

-Section 1. The Resident Commissioner may grant permanent residency status to persons who:

(1)are not citizens of the Trust Territory of the Pacific Islands; and

(2)are of good moral character, as certified by the Mayor of the Municipality in which such persons have resided, provided, however, that persons under the age of 16 are presumed to be of good moral character, unless otherwise demonstrated; and provided further, that no person convicted or a felony or crime of moral turpitude shall be deemed to be of good moral character unless such person shall have received a full pardon and had his civil rights restored; and

(3)have been actual residents, of the Northern Mariana Islands for at least five (5) years immediately prior to application for permanent residence status.

-Section 2. Persons granted permanent residency status under Section 1 of this Act shall be subject to cancellation of such status after hearing for cause, upon application by the Resident Commissioner to the Trial Division of the High Court. Cause for revocation of permanent residency status shall be:

(1)concealment or misrepresentation of a material fact in application for permanent residency status; or

(2)advocacy of the overthrow or alteration of the Government or the Northern Mariana Islands or the Government of the United States by unlawful means; or

(3)commission of, or attempt or preparation to commit, ant, an act of espionage, sabotage, or sedition against the Government of the Northern Mariana Islands or the Government of the United States, or conspiring with or aiding and abetting another to commit such an act; or

(4)fraudulent or illegal entry into the Northern Mariana Islands, either prior to or after the grant of permanent residence status; or

(5)travel, within five (5) years of the granting of permanent residency status, to any foreign country for the purpose of establishment of permanent residence therein; provided, that the United States, its Territories and possessions, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands shall not be considered a foreign country for the purposes of this Subsection.

-Section 3. Persons granted permanent residency status pursuant to the provisions of Section 1 of this Act are exempted from the requirements of Subsection (1) of Section 53 of Title 53 of the Trust Territory Code concerning the requirement to obtain an entry permit prior to entry into the Northern Mariana Islands. Authority to enter into and remain in the Northern Mariana Islands for persons who have been granted permanent residency status pursuant to the provisions of Section 1 of this Act shall, except as otherwise set forth herein, be identical to that of citizens of the Trust Territory of the Pacific Islands. Nothing in this Act, however, shall exempt any person not a citizen of the Trust Territory from the provisions of the Protection of Resident Workers Act, the Foreign Investment Business Permit Act, restrictions upon ownership of land, or any other provision of law otherwise applicable, or shall make such person eligible for naturalization unless such person is otherwise eligible by law therefor.

-Section 4. The Resident Commissioner shall issue permanent identification cards to persons who have been granted permanent residence status pursuant to the provisions of this Act.

-Section 5. The Resident Commissioner shall issue such rules and regulations not inconsistent herewith as he shall deem necessary or appropriate for the administration of this Act.

-Section 6. This Act shall take effect upon its approval by the Resident Commissioner, or upon its becoming law without such approval.

§ 4202.Permanent Residency: Reservation of Right and Status.

(a)The provisions of this chapter shall not repeal, amend, deny, abrogate or otherwise affect the rights and status of any person granted permanent residency status pursuant to PL 5-11 prior to April 23, 1981, the effective date of this chapter.

(b)The provisions of this chapter shall not repeal, amend, deny abrogate or otherwise affect the rights and status of any person who has filed an application for permanent residency status pursuant to PL 5-11 prior to April 23, 1981, the effective date of this chapter. All persons who have duly filed for permanent residency status prior to such date shall have their applications processed and determined in accordance with the rules, regulations and administrative procedures adopted pursuant to PL 5-11.

Source:

PL 2-17, § 2.

Commission Comment:

See the comment to 3 CMC § 4201.

§ 4203.Relationship to Other Law.

Except as otherwise provided in this chapter, this chapter shall not be interpreted to amend, modify, or repeal any other provision of law. Nothing in this chapter shall be taken to exempt any person from any provision of any other chapter, except as specifically provided in such other chapter or otherwise provided by law.

Source:

PL 2-17, § 2.

Commission Comment:

See the comment to 3 CMC § 4201.

CHAPTER 3
Commonwealth Entry and Deportation Act.

Article 1
General.

§ 4301.Short Title.

This chapter may be cited as the Commonwealth Entry and Deportation Act of 1983.

Source:

PL 3-105, § 1.

Commission Comment:

PL 3-105 took effect May 13,1984. PL 3-105, § 29 repeated Trust Territory Code title 53, chapter 2 (previously codified as Commonwealth Code title 3, division 4, chapter 3) and "rules and regulations promulgated pursuant thereto."

§ 4302.Legislative Intent and Policy.

(a)It is the purpose of this chapter to organize the Office of Immigration in conformity with 1 CMC § 2171, to establish hearing mechanisms, to regulate the entry of nonimmigrating aliens into the Commonwealth and provide entry and deportation procedures. The legislature asserts its authority over the subject matter of this chapter pursuant to Covenant § 503. The purposes of this chapter do not include defining "citizen of the Northern Mariana Islands," authorizing immigration, or providing for naturalization of aliens.

(b)No alien may seek or obtain entry into the Commonwealth as a matter or right. Entry to the Commonwealth is a privilege extended to aliens only upon such terms and conditions as may be prescribed by law.

Source:

PL 3-105, § 2, modified.

Commission Comment:

With respect to the reference to the "Office of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4303.Definitions.

As used in this chapter:

(a)"Alien" means any person who is not or will not become a citizen or national of the United States as defined by United States law or in the Constitution of the Northern Mariana Islands, or who is not a citizen of the Trust Territory of the Pacific or the Northern Mariana Islands, or who is not a permanent resident.

(b)"Application for admission" means the application for admission into the Commonwealth of the Northern Mariana Islands by an alien and not the application for issuance of the entry permit.

(c)"Attorney General" means the Attorney General of the Common wealth of the Northern Mariana Islands or his designee.

(d)"Chief" means the Chief of Immigration or the immigration officer.

(e)"Class" means one of the nonimmigrant alien classes defined in subsection (q) of this section.

(f)"Commonwealth" means the Commonwealth of the Northern Mariana Islands.

(g)"Covenant" means U.S. Public Law 94-241, the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America.

(h)"Crewman" means a person serving in any capacity on board a vessel or aircraft.

(i)"Dependent" means a person whose financial, mental or physical condition causes him to be unable to provide for his own basic human needs for food, shelter, and safety.

(j)"Entry" means any coming of an alien into the Commonwealth from a foreign port or place whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the Commonwealth of the Northern Mariana Islands shall not be regarded as making entry into the Commonwealth for the purpose of this chapter.

(k)"Entry permit means documentation authorizing the entry of a nonimmigrant alien into the Commonwealth including but not limited to a passport stamp or visa.

(l)"Examiner" means an employee or class of employees of the Office of Immigration, designated individually by the chief pursuant to regulation, or by the Attorney General, to perform the functions of an examiner. Examiners are subject to such supervision and shall perform such duties as may be directed by the chief pursuant to regulation.

(m)"Immediate relative" means children, under the age of 21, whether natural or adopted, spouse and parents; provided, however, that no alien shall derive immediate relative status from a U.S. citizen child who is less than 21 years of age.

(n)"Immigration officer" means the immigration officer as defined in 1 CMC § 2171 who may be known as the Chief of Immigration.

(o)"Immigration certificate" means documentation authorizing the entry of an alien, other than a nonimmigrant alien into the Commonwealth.

(p)"Inspector" means an employee or class of employees or the Office of Immigration designated by the chief pursuant to regulation or by the Attorney General, individually, to perform the function of an inspector. Inspectors arc subject to such supervision and shall perform such duties as may be directed by the chief pursuant to regulation.

(q)"Nonimmigrant" means every alien who falls within one of the following classes:

(1)A designated principal resident representing a foreign government which government is recognized in law by the United States, and members of his immediate family;

(2)A visitor for business or pleasure, (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the Commonwealth of the Northern Mariana Islands temporarily for business or for pleasure. Visitor shall not include nonresident workers;

(3)An alien in immediate and continuous transit through the Commonwealth;

(4)An alien crewman serving in good faith as such in any capacity required for normal operation and service on board a vessel (other than a fishing vessel having its home or an operating base in the Commonwealth) or aircraft who intends to land temporarily and solely in pursuant of his calling as a crewman and to depart from the Commonwealth with the vessel or aircraft on which he arrived or some other vessel or aircraft;

(5)An alien who has been granted a certificate of foreign investment by the Department of Commerce and Labor;

(6)A foreign student, who is an alien having a resident in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study at an established institution of learning or other recognized place of study in the Commonwealth of the Northern Mariana Islands, particularly designated by him and approved by the immigration officer pursuant to regulation;

(7)An alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the Commonwealth solely to engage in such vocation, and the spouse and children of such representative if accompanying or following to join him;

(8)An alien having a residence in a foreign country which he has no intention of abandoning:

(A)Who is of distinguished merit and ability and who is coming temporarily to the Commonwealth of the Northern Mariana Islands to perform temporary service of an exceptional nature requiring such merit and ability; or

(B)Who is coming temporarily to the Commonwealth of the Northern Mariana Islands to perform temporary service or labor, and has been certified as an eligible nonresident worker by the Department of Commerce and Labor;

(9)An alien who is an immediate relative of a person who is a citizen or national of the United States as defined by the Constitution or the Covenant, or of the Northern Mariana Islands, as may be defined by law, or of a permanent resident;

(r)"Office" means the Office of Immigration established by 1 CMC § 2171 and includes the Chief of Immigration and all immigration inspectors.

(s)"Passport" means any travel documents issued by competent authority showing the bearer's origin, identity and nationality, if any.

(t)"Permanent resident" means a person granted permanent resident status in the Commonwealth of the Northern Mariana Islands by operation of statute.

(u)"Territory or possession" with respect to the United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(v)"Visa" means a passport stamp evidencing a nonimmigrant entry permit.

Source:

PL 3-105, § 3; amended by PL 9-5, § 13, modified.

Commission Comment:

In subsection (e) of this section, the commission replaced a reference to "Subsection 4339 of this chapter" with "subsection (q) of this section," correcting a typographical error. With respect to the references to the "Department of Commerce and Labor," the "Chief of Immigration" and the "Office of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to CMC § 4121.

Article 2
Organization.

§ 4311.The Immigration Officer.

(a)The immigration officer established under 1 CMC § 2172 is the Chief of Immigration and is responsible for the day-to-day supervision and administration of this chapter.

(b)The Chief of Immigration is appointed by and serves at the pleasure of the Attorney General. The chief immigration officer is exempt from civil service.

(c)The powers and duties of the Chief of Immigration are:

(1)To administer the Office of Immigration established by 1 CMC § 2171, including hiring, control, direction, and supervision of inspectors, examiners and all other employees of the office, in conformity with such civil service requirements as may by law apply;

(2)To patrol the borders of the Commonwealth. For purposes of this part, patrolling the borders of the Commonwealth means conducting such activities as are customary or reasonable and necessary to prevent illegal entry of aliens;

(3)To issue entry permits for nonimmigrant aliens as provided in this chapter;

(4)To administer such immigration and naturalization programs as may be provided by law;

(5)To supervise the entry of all persons into the Commonwealth;

(6)To inspect persons seeking to enter the Commonwealth;

(7)To make investigations pursuant to 3 CMC § 4334.

(d)The Chief of Immigration shall have such authority as is expressly conferred upon him by this chapter, or as may be assigned to him by the Attorney General. The authority, duties, and responsibilities of the chief may by regulation be released to such inspectors and examiners as may be employed by the office.

Source:

PL 3-105, § 4.

Commission Comment:

With respect to the references to the "Department of Commerce and Labor," the "Chief of Immigration" and the "Office or Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4312.Powers and Duties of the Attorney General.

(a)Pursuant to 1 CMC § 2171, the Attorney General has overall supervision of the Office of Immigration and the immigration officer.

(b)The Attorney General shall enforce this chapter and may prosecute all violations of this chapter. In carrying out this duty, the Attorney General has all authority expressly conferred upon him or reasonably implied by this chapter.

(c)The Attorney General shall advise, give counsel to, and represent in all matters the Office of Immigration, excepting only that when an officer or employee of the office is charged with a violation of any Commonwealth or federal criminal statute, the Attorney General may not defend that officer or employee.

(d)The Attorney General may:

(1)Promulgate rules and regulations in accordance with the Administrative Procedure Act, title 1, division 9, chapter 1 [1 CMC § 9 101 et seq.], as may from time to time be useful or required in executing his duties and enforcing this chapter;

(2)Represent the Office of Immigration, subject to the limitations of subsection (c) of this section;

(3)Have final review over decisions of the chief, inspectors, and examiners;

(4)Have ultimate discretion as to when and whether to bring prosecutions and actions for deportation pursuant to this chapter;

(5)Obtain warrants for the arrest of, or order continued detention of, aliens pending exclusion or deportation proceedings where it appears in his discretion that arrest or detention of the alien is necessary and desirable; and

(6)Review the detention of persons arrested pursuant to 3 CMC § § 4334(b) or 4335(c), and, at his discretion, order the release or continued detention of such persons.

Source:

PL 3-105, § 5; amended by PL 9-5, § 14, modified.

Commission Comment:

In subsection (d)(2), the commission inserted "subsection (c) of this section" in place of "Section 4313(c), above," correcting a typographical error. With respect to the references to "Office of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

Article 3
Persons Entering the Commonwealth.

§ 4321.Entry Into the Commonwealth.

(a)Any person who is a citizen or national of the United States as defined by United States law, or by the Constitution of the Commonwealth of the Northern Mariana Islands, or who is a citizen of the Northern Mariana Islands as may be defined by law, or who is a permanent resident, shall immediately be admitted into the Commonwealth upon proof of such status, unless entry is otherwise prohibited by law.

(1)A person claiming status under this subsection must establish that fact to the satisfaction of the immigration inspector.

(2)A person failing to satisfy the immigration inspector of his status as defined in this subsection shall thereafter be inspected as an alien.

(b)Aliens. Aliens seeking to immigrate to the Commonwealth may be admitted pursuant to statute.

(c)Nonimmigrant Aliens. Except as otherwise specified here, nonimmigrant aliens who are not excludable pursuant to 3 CMC § 4322 may be admitted to the Commonwealth upon presentation of such entry permit and other documentation as may be required by law.

(d)Immediate Relatives. Immediate relatives of nonresident workers may be permitted entry into the Commonwealth only under one of the following conditions:

(1)The nonresident worker is annually certified by the Chief of Labor to be a professional, managerial or technical employee. The nonresident worker shall be deemed employed in a professional, managerial or technical capacity provided his or her job description is so defined in the Dictionary of Occupational Titles published by the U.S. Department of Labor and he or she is paid an annual salary in excess of $20,000. Annual certification shall be predicated upon a showing of substantial progress toward the goal of replacing the nonresident worker with a resident employee in the same capacity.

(2)The nonresident worker is employed by the Commonwealth of the Northern Mariana Islands, or any of its agencies or public corporations, in a professional, certificate managerial or technical capacity.

Except, that any immediate relative of a nonresident worker may, if such immediate relative is permitted to be in the Commonwealth on the effective date of this chapter, remain in the Commonwealth until such nonresident worker's nonresident worker certificate is no longer renewable.

In order to qualify for entry under this section, the immediate relative's status must have existed prior to the entry of the nonresident worker into the Commonwealth.

The immediate relative may remain in the Commonwealth so long as the nonresident worker is legally employed and lawfully remains in the Commonwealth.

(e)Crew Members. An alien crew member may be admitted, subject to the provisions of this chapter, if his name appears in the crew list of the vessel or aircraft on which he arrives, providing the crew member carries a valid passport.

Source:

PL 3-105, § 6; amended by PL 5-32, § 15; PL 6-39, § 3 (repealing. PL 6-28, § 5(b)).

Commission Comment:

With respect to the reference to the "Chief of Labor," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001.

§ 4322.Excludable Aliens.

The following classes of aliens are excludable from entry into the Common-wealth:

(a)Aliens who have been convicted of a crime carrying a penalty of one year or more in prison.

(b)Aliens who have been convicted of a crime of moral turpitude.

(c)Aliens who have no demonstrable means of support.

(d)Aliens who have been deported from the Commonwealth and seek reentry within five years from the date of such deportation.

(e)Aliens who are stowaways.

(f)Aliens who seek or have sought to have aided another in seeking to procure an entry permit or other official documentation related to reentry, or otherwise to enter the Commonwealth by fraud, deceit, bribery or willful misrepresentation of a material fact or other unlawful act.

(g)Aliens who are not in possession of a lawfully issued passport valid for at least 60 days after the date of entry and which authorizes the holder to return to the country issuing the passport or some other country.

(h)Aliens who pose a threat to the public health of the Commonwealth.

(i)Aliens who do not have evidence of a valid entry permit.

Source:

PL 3-105, § 7; amended by PL 6-28, § 7; PL 8-20, § 3.

§ 4323.Members of the Armed Forces.

Nothing contained in this chapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the Commonwealth of an alien member of the armed forces of the United States who is in the uniform of or who bears documents identifying him as a member of such armed forces, and who is coming to or departing from the Commonwealth under official orders or permit of such armed forces. Nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemption or immunities under this chapter which are not otherwise specifically granted by this chapter.

Source:

PL 3-105, § 8.

Article 4.
Entry Requirements and Procedures.

§ 4331.Entry Permits: Application and Issue.

(a)The application process for an entry permit shall be pursuant to regulation of the Office of Immigration. The office may by regulation require applications to be accompanied by, but not limited to, photographs, fingerprints or health certificates.

(b)Entry permits when issued shall include:

(1)The nonimmigrant classification applicable pursuant to 3 CMC § 4303(q);

(2)The duration of the permit's validity and its expiration date.

(c)The office may, by regulation, provide for:

(1)Waiver of entry permits for members of certain nonimmigrant classes pursuant to 3 CMC § 4303(q), or of certain nationalities;

(2)Issuance of group entry permits for organized tours of visitors for business or pleasure;

(3)Waiver of fees under this chapter.

(d)The issuance of an entry permit may be evidenced by a stamp placed by the immigration officer in the applicant's passport, such stamp and any other form of entry permit being subject nonetheless to subsection (b) of this section.

(e)No entry permit for nonimmigrants applying for nonresident worker or foreign investor classification shall be issued until such classification has been certified by the Department of Commerce and Labor pursuant to law.

(f)No entry permit shall be issued if it appears to the immigration officer, from evidence in the application, or in the papers submitted therewith, that such alien is excludable or otherwise ineligible to receive an entry permit, or the application rails to comply with the provisions of law.

(g)Nothing in this chapter shall be construed to entitle any alien, to whom an entry permit has been issued, to enter the Commonwealth of the Northern Mariana Islands, if, upon arrival at a port of entry in the Commonwealth, he is found to be excludable under any provisions of law. A printed advisement of the substance of this subsection shall appear on all entry permit application forms.

(h)In no case shall the issuance of an entry permit give rise to any claim or right of entitlement to citizenship or permanent residency, or benefit or privilege under this chapter, where requirements for such benefit or privilege have not been met.

(i)In no case shall the issuance of an entry permit give rise to any claim or right of entitlement to apply for or obtain a Commonwealth business license.

Source:

PL 3-105, § 9, modified; amended by PL 6-28, §§ 5, 8, modified.

Commission Comment:

An amendment to this section by PL 6-28, § 5, deleting a subsection concerning entry permits for relatives of nonimmigrant aliens (effective May 10, 1989), was inadvertently omitted in code supplements published in 1990 and 1992. The commission rectified the error.

With respect to the references to the "Department of Commerce and Labor" and the "Office of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001.

§ 4332.Denial, Duration, Extension, and Modification of Entry Permit.

(a)Denial of Entry Permit. An entry permit and other documentation may be denied an alien if:

(1)The application forms prescribed and any required supporting documents are not in order; or

(2)There is reasonable cause to believe that the alien is excludable as defined in 3 CMC § 4322; or

(3)There is reasonable cause to believe that the alien poses a threat to the public health or safety of the Commonwealth.

A denial shall be in writing, shall state the reasons for denial, and shall be provided to the applying alien. Denial of an entry permit may be reviewed by the Attorney General pursuant to procedures established by regulation.

(b)Duration of Stay; Extension and Modification of Permit.

(1)The length of stay or period of validity of an entry permit for each class of nonimmigrant aliens defined in 3 CMC § 4303(q) shall be fixed by regulation and shall appear on any issued entry permit or visa.

(2)The chief, upon application of an alien, may, pursuant to regulation, extend the length of stay of an alien, provided such extension is applied for at least 30 days prior to the expiration of the current permit.

(3)An entry permit required to be based on the certification of the Department of Commerce and Labor, or other Commonwealth agency, shall be issued only for the period of such entry permit shall likewise be granted only for such period as the Department of Commerce and Labor or other Commonwealth agency shall have certified.

(4)No entry permit shall be modified, nor shall a nonresident worker certificate shall be issued, which would permit a person who has entered in the Commonwealth as a visitor or tourist to be employed in the Commonwealth.

Source:

PL 3-105, § 10; amended by PL 5-32, § 16.

Commission Comment:

With respect to the references to the "chief" of Immigration and the "Department of Commerce and Labor," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001.

§ 4333.Entry Inspections.

All persons seeking to enter the Commonwealth shall be inspected by the chief or a designated inspector.

(a)A person seeking entry by right of status pursuant to 3 CMC § 4321 (a) shall be inspected only for proof of status and dangerous contagious disease.

(b)Inspection of aliens shall include review of entry permit or entry permit application, and may include:

(1)Questioning the alien;

(2)Requiring documentation;

(3)Search without warrant of the person and possessions of the alien seeking entry;

(4)Arrest or detention without warrant of any alien who is attempting to enter the Commonwealth contrary to law.

(c)If upon inspection it appears to an immigration inspector that a person seeking entry is excludable for any reason, he may deny entry. If entry is denied, the inspector shall advise the person seeking to enter that he may request further examination pursuant to 3 CMC § 4336.

Source:

PL 3-105, § 11.

Commission Comment:

With respect to the reference to the "chief" of Immigration, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4334.Investigations.

The chief or any inspector may conduct investigations to enforce this chapter. Whenever the chief or any inspector has reason to believe that there has been a violation punishable under any criminal provision of the laws administered or enforced by the Office of Immigration, or whenever there is reason to believe an alien is deportable, an investigation shall be made immediately of all pertinent facts and circumstances and the investigator shall take or cause to be taken such further action as the result of the investigation warrants. In addition to such other powers as may be conferred by law as part of an investigation, the chief or an inspector may:

(a)Board and search vessels and aircraft without warrant;

(b)Arrest any alien on warrant of the Attorney General;

(c)Arrest and detain any alien without warrant, if he has reason to believe the alien is present in the Commonwealth in violation of law and may escape before a warrant can be obtained;

(d)To search without warrant the person and possessions of an alien where be has reason to believe that the search would disclose evidence of grounds for deportation, or when incident to arrest.

Source:

PL 3-105, § 12,

Commission Comment:

With respect to the references to the "chief" of Immigration and the "Office of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4335.Review of Arrest.

The arrest of any person pursuant to 3 CMC §§ 4334(a) or 4336(c) shall be reviewed by the Attorney General without unnecessary delay and in no event after than 24 hours. The provisions of 3 CMC § 4341(d) shall apply to such review. At the time of arrest the person shall be advised of his rights.

Source:

PL 3-105, § 13, modified.

Commission Comment:

The commission corrected an erroneous cross-reference in this section.

§ 4336.Examinations, Exclusions and Procedures.

(a)Any person denied entry at a port of the Commonwealth on his request shall be examined by an immigration inspector, other than the inspector denying entry or causing the arrest or detention. The examining inspector shall be a designated examiner. The denying inspector shall advise the person seeking entry of the right to an examination pursuant to this section.

(b)Examiners have power to administer oaths, compel testimony, to take and consider evidence of or from any person and on any matter which may be pertinent to the examination.

(c)Any person subject to an examination pursuant to this section may be required to state under oath his purpose in seeking entry, his intended length of stay, his means of support and such other items of information as may assist the examiner in resolving the issue of entry. Refusal to truthfully answer questions posed by the examiner shall constitute unreviewable grounds for exclusion and any person who knowingly refuses to answer shall be denied entry. The substance of this subsection shall be made known to any person subject to examination before the examination begins.

(d)If as a result of any examination it appears to the examiner that there is reason to exclude the person being examined, he shall deny entry and advise the person excluded that he may appeal to the Attorney General. There shall be no further inquiry except through the appeal.

(c)The examiner shall keep such record of the examination as may be required by regulation.

(f)No examiner shall conduct an examination or make a determination of exclusion or entry if he participated in any part of the inspection giving rise to the examination.

(g)If the examination is based on threat to public health or suspicion of dangerous contagious disease the person seeking entry shall be examined by a physician licensed in the United States or by the Commonwealth of (lie Northern Mariana Islands.

Source:

PL 3-105, § 14.

Commission Comment:

With respect to subsection (d), see the comment to 3 CMC § 4121.

§ 4337.Temporary Admission Pending Examination.

If an examiner denies entry, he may temporarily admit the person at his discretion and under such conditions as will insure the person's availability for further proceedings. Temporary admission pursuant to this section is for humanitarian reasons only and no presumption shall arise therefrom. A person so admitted shall be deemed not to have entered the Commonwealth. The exclusion or removal of a temporarily admitted person shall not require deportation proceedings. Temporary admission of a person suspected to be a threat to public health or to have a dangerous contagious disease shall not be made except to a medical facility.

Source:

PL 3-105, § 15.

§ 4338.Appeal of Exclusion to Attorney General.

(a)The decision of an examiner to deny entry may be appealed to the Attorney General by the person excluded. Such appeal shall be reviewed within 24 hours. The request for appeal may be made verbally by the excluded person to the examiner.

(b)In resolving an appeal from an excluded person the Attorney General at his discretion may rely solely on the record of the examination, may supplement the record or may reexamine.

(c)The Attorney General shall have all the power and authority of an examiner for purposes of executing this section.

(d)On appeal from an examiner's decision, the Attorney General may affirm, modify or reverse the decision of the examiner on any reasonable ground. The decision of the Attorney General shall be final and unreviewable.

Source:

PL 3-105, § 16.

Article 5
Deportation and Departure.

§ 4340.Deportable Aliens.

The following are grounds for deportation or an alien from the Commonwealth:

(a)At the time of entry the alien was excludable;

(b)Entry was without inspection, or was at a time and place other than as designated in the entry permit, or was in violation of law;

(c)The alien has become a public charge, or has been institutionalized, in any type of facility, at public expense;

(d)The alien is convicted in the Commonwealth of a felony, or two or more misdemeanors, or any crime of moral turpitude, or any firearms control offense;

(e)The alien has failed to comply with the requirements or conditions of his entry;

(f)The alien by reason of conduct, behavior, or activity at any time after entry has become an excludable alien pursuant to 3 CMC §§ 4322 or 4437(e);

(g)The alien has, prior to, at the time of, or after entry, knowingly and for gain encouraged, induced, assisted, abetted or aided, in any way, any other alien to enter or attempt to enter the Commonwealth in violation of law;

(h)The alien has failed to comply with the registration requirements of 3 CMC § 4351;

(i)The failure of any alien to maintain a current passport during the times the alien is in the Commonwealth shall be grounds for immediate deportation; and

(j)The Chief of Immigration shall implement procedures to insure compliance with this section.

Source:

PL 3-105, § 17; amended by PL 5-32, § 18; PL 6-28 § 9.

Commission Comment:

With respect to the reference to the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4341.Deportation.

(a)Commencement of Proceedings. Deportation proceedings shall commence in the Commonwealth Trial Court by filing and service of a petition to show cause by the Attorney General. In the proceeding the alien shall be known as the respondent.

(b)Statement of Nature of Proceeding. The petition for an order to show cause shall contain a statement of the nature of the proceeding, the factual allegations giving rise to grounds for deportation, and any statutory or regulatory provisions alleged to have been violated. The petition will require the respondent to show cause why he should not be deported. The petition will call upon the respondent to appear before the Commonwealth Trial Court at a time and place which may be stated in the petition or may be later specified. Respondent shall be notified of the time and place of the hearing not less than seven days before the hearing date unless the court believes that public interest, safety or security requires the hearing to be scheduled on shorter notice.

(c)Service. Service of the petition to show cause may be personal service or by any other means authorized by rules of procedure of the trial court service. When means other than personal service are used and the respondent does not appear it shall be reserved by personal service. The petition shall be accompanied by a written advisement to the respondent of his Tight to be represented by counsel of his own choice.

(d)Arrest. Pending a determination of deportability in the case of any alien, such alien may, upon warrant of the Attorney General, be arrested and taken into custody. Any alien taken into custody may, in the discretion of the Attorney General, be arrested and taken into custody. Any alien taken into custody may, in the discretion of the Attorney General and pending such final determination of deportability or excludability:

(1)Be continued in custody; or

(2)Be released under bond with security approved by the Attorney General, containing such conditions as the Attorney General may prescribe; or

(3)Be released on conditional parole.

Conditions of bonding or parole may include confiscation of passport. Bond or parole may be revoked at any time by the Attorney General, in his discretion, and the alien may be returned to custody under the warrant which initiated the proceedings against him and detained until final determination of his deportability. The Commonwealth Trial Court shall have authority to review or revise any determination of the Attorney General concerning detention, release on bond, or parole pending Final decision of deportability upon a conclusive showing in habeas corpus proceedings that the Attorney General is not proceeding with such reasonable dispatch as may be warranted by the particular facts and circumstances in the case of any alien to determine deportability or excludability. When an arrest warrant is served the respondent shall have explained to him the contents of the petition to show cause, the reason of his arrest and his rights to counsel. The respondent shall be advised that any statement he makes may be used against him.

(e)Hearing. A hearing on the petition to show cause shall be before the Commonwealth Trial Court. A determination of deportability shall be made if there is clear and convincing evidence that the facts alleged as grounds for deportation are true. The court may receive in evidence any oral or written statement previously made by the respondent which is material and relevant to any issue in the case. Testimony of witnesses appearing shall be under oath or affirmation. The hearing shall be recorded pursuant to trial court procedure.

(f)Disposition. If the trial court makes a determination of deportability, an order of deportation shall be entered and the respondent shall forthwith be deported.

(g)Prison Sentence. An alien sentenced to prison shall not be deported until actual imprisonment has been terminated. Parole, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for staying of deportation.

Source:

PL 3-105, § 18.

Commission Comment:

Section 4 of PL 6-25, the "Commonwealth Judicial Reorganization Act of 1989," provides that "[w]herever the term 'Commonwealth Trial Court' appears in the Commonwealth Code, it is henceforth to be interpreted and understood to refer to the Commonwealth Superior Court."

§ 4342.Appeal of Deportation Order.

Appeal of an order ofdeportation may be had as an appeal in any civil case.

Source:

PL 3-105, § 19.

§ 4343.Voluntary Departure.

Any time prior to actual commencement of the hearing on the order to show cause the respondent may be permitted to voluntarily depart the Commonwealth at the discretion of the Attorney General. A person so departing shall not be considered to have been deported.

Source:

PL 3-105, § 20.

§ 4344.Excluded and Deported Persons: Country of Return Supervision.

(a)A person excluded or deported shall be transported to any country designated by the excluded or deported person, if that country is willing to accept the person. The Attorney General may designate another destination if he determines that transportation to the country designated by the person excluded or deported would be prejudicial to the interests of the Commonwealth.

(b)The designation of destination made by the person excluded or deported shall be disregarded if confirmation or acceptance of the person is not received from the country designated in 15 days.

(c)If the destination chosen by the excluded or deported person is unconfirmed, or if the Attorney General determines that destination is prejudicial to the interests of the Commonwealth, the person at the discretion of the Attorney General, shall be deported:

(1)To the country from which such person last entered the Commonwealth; or

(2)To the country in which is located the foreign port from which the person embarked for the Commonwealth; or

(3)To the country in which the person was born; or

(4)To the country in which the place of the person's birth is situated at the time he is to be transported; or

(5)To any country in which the person resided prior to traveling to the Commonwealth; or

(6)To any country willing to accept the person excluded or deported.

(d)The Attorney General may decline to designate as destination any country where in his opinion the excluded or deported person would be subject to persecution on account of race, religion or political persuasion.

(e)If it appears to an immigration inspector that the mental or physical condition of an excluded or deported person is such as to require personal care and attendance, or other supervision, the chief may assign a suitable person for that purpose to accompany the person excluded or deported to his destination.

(f)Upon the certificate of an examining physician to the effect that an excluded or deported person is helpless from sickness or mental or physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by the person excluded or deported, such accompanying person may also be excluded and deported, and the master, commanding officer agent, owner, or consignee of the vessel or aircraft in which such alien and accompanying alien arrived in the Commonwealth shall be required to return the accompanying alien in the same manner as other aliens denied admission or ordered deported.

(g)The Attorney General at his discretion may discontinue issuance of entry permits to nationals, citizens, subjects or residents of any country that denies or unduly delays accepting the return of an excluded or deported person who is a national, citizen, subject or resident of that country.

Source:

PL 3-105, § 21.

Commission Comment:

The commission inserted a colon in place or a dash in the heading of this section to conform the heading to the style used elsewhere in the code. According to PL 3-90, § 7(a) (reprinted in the preface material, prior to title 1), "section headings... do not in any manner affect the scope, meaning, or intent of the provisions of this Code."

With respect to the reference to the "chief" or Immigration, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4345.Carrier Responsibility: Excluded Aliens.

(a)As a condition of operating in the Commonwealth, any vessel, aircraft, transportation line or the masters, commanding officers, purser agents, persons in charge, owners or consignees of any vessel or aircraft upon which any alien subsequently excluded is brought to any port of the Commonwealth, shall assume return transportation costs and costs of maintenance in the Commonwealth including food, shelter and medical care of an excluded alien. Carrier responsibility for an alien shall include continuing responsibility under this section for parolees temporarily admitted for later immigration inspection and for return transportation of aliens arrested upon entry or while under parole for violation of the immigration laws and subsequently released from custody or judicial bond and deported or excluded. Carrier responsibility of a subsequently excluded alien extends up to two working days after the alien is paroled into the Commonwealth. However, costs shall not be assessed under this section if the excluded alien arrived in possession of a valid passport and entry permit as required by 3 CMC § 4322.

(b)It shall be unlawful for any master, commanding officer, purser, person in charge, agent, owner or consignee of any vessel or aircraft:

(1)To refuse to receive a person lawfully excluded or deported under this chapter on board such vessel or aircraft or another vessel or aircraft owned or operated by the same interest;

(2)To fail or refuse to detain a person on board any such vessel or aircraft if so ordered by the immigration inspector;

(3)To fail or refuse to deliver a person for examination when so ordered by an immigration inspector;

(4)To fail or refuse to remove a person from the Commonwealth when so ordered;

(5)To fail or refuse to pay any costs assessable pursuant to subsection (a) of this section;

(6)To take any fee, deposit or consideration on a contingent basis to be kept or returned in case the person is landed or excluded;

(7)To knowingly bring into the Commonwealth any person excluded or deported from the Commonwealth unless such person is lawfully entitled to reapply for entry to the Commonwealth;

(8)To knowingly bring, or attempt to bring or aid, abet or assist in bringing any person into the Commonwealth in violation of any provision of this chapter or rules and regulations promulgated.

(c)Violations of any provision of this section are punishable by civil penalty of not more than $5,000 for each occurrence.

Source:

PL 3-105, § 22; amended by PC 9-5, § 11.

Commission Comment:

The commission inserted a colon in place of a dash in the heading of this section to conform the heading to the style used elsewhere in the code. According to PL 3-90, § 7(a) (reprinted in the preface material, prior to title 1), "section headings... do not in any manner affect the scope, meaning, or intent of the provisions of this Code."

§ 4346.Health Requirements; Examinations.

(a)Whenever an inspector has reason to believe that any person seeking to enter the Commonwealth has any dangerous contagious disease, or has embarked at a place or is coming from a country where any such disease is prevalent or epidemic, he may cause such person to be detained on board the vessel or aircraft, or at the port of arrival and shall immediately refer the matter to an immigration examiner.

(b)Physical or mental examinations required of persons seeking to enter the Commonwealth shall be conducted by a physician licensed in the United States or by the Commonwealth of the Northern Mariana Islands. Upon conclusion of the examination the examining physician shall report his findings in writing to the immigration examiner requesting the examination. The physician's report shall include any condition of serious contagious disease, or any condition that threatens the health or safety of the inhabitants of the Commonwealth, or that could require prolonged medical care and treatment while the person is in the Commonwealth.

(c)Notwithstanding the other provisions of this act, any alien who by the certification of the Director of Public Health and Environmental Services is deemed to carry a communicable disease or disease which may pose a health hazard to any other person shall be subject to immediate deportation. Upon receipt of such certification from the Director of Public Health and Environmental Services, the Chief of Immigration shall cause such alien to be deported to the country of his or her origin.

Source:

PL 3-105, § 23; amended by PL 5-32, § 17.

Commission Comment:

With respect to the reference to the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4347.Deportation Fund.

An Alien Deportation Fund is hereby created and shall be used to detect and deport illegal aliens within the Commonwealth. This fund shall be a dedicated fund in the Commonwealth Treasury, and will be established, in addition to any other applicable fee, by taking $25 from every initial application fee, and from every renewal fee, for nonresident work permits. All fees collected pursuant to this section shall be deposited into the Commonwealth Alien Deportation Fund. The Secretary of Finance shall collect and direct all funds received to the Department of Labor and Immigration for the process of deportation and any other related costs (such as equipment, additional employees, training and detention costs). The fund may also be used to deport overstayed tourists and business permit holders. In addition, said fund may also be accessed to send dependent U.S. citizen children of aliens who have been ordered deported from the Commonwealth. The Secretary of Labor and Immigration, in consultation with the resident Secretaries of Labor and Immigration, shall oversee and monitor the application of these funds. The funds collected under this section shall be deemed reserved and automatically appropriated, and shall be made readily available to the Department of Labor and Immigration.

Source:

PL 10-1, § 3.

Commission Comment:

PC 10-1, the "Commonwealth Alien Deportation Fund Act," took effect February 28, 1996. According to PC 10-1, § 2:

-Section 2. Findings. The Legislature finds that the Department of Labor and Immigration lacks the necessary financial resources to adequately investigate, apprehend and deport illegal aliens within the Commonwealth. The Legislature further finds that the Department of Labor and Immigration requires additional funding to ensure effective deportation and related administrative operations. Also, if during the process of deportation, the Department of Labor and Immigration discovers that an employer has failed to secure the departure of a former employee, (as provided in [3 CMC § 4435(a)]), then said employer shall be responsible for all deportation costs incurred.

With respect to the references to the "Secretary of Finance," the "Department of Labor and Immigration" and the "Secretary" of the latter agency in 3 CMC § 4347, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4121.

§ 4348.Annual Report.

Within 120 days of the end of the government fiscal year, the secretary shall prepare an annual report detailing deportation operations and activities of the past year. The report shall include specific data regarding the number of aliens, dependent U.S. citizen children of aliens, overstayed tourists and business permit holders that were deported during the year, and any other information regarding deportation as may be appropriate. The report shall be transmitted through the secretary to the Governor and to the presiding officer of each house of the legislature and shall be public information.

Source:

PL 10-1, § 4, modified.

Commission Comment:

With respect to the references to the "secretary" of the Department of Labor and Immigration, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to I CMC § 2001; see also the comment to 3 CMC § 4121.

Article 6.
Registration of Aliens.

§ 4351.Registration of Aliens.

(a)Every alien who remains in the Commonwealth longer than 90 days shall by regulation be required to be registered with the off-ice. Registration may be renewable annually. The parents or legal guardians of aliens under the age of 18 are responsible for such child's registration.

(b)Such registration information as the office may require, including but not limited to fingerprints, is confidential and may be made available only on request of law enforcement authorities in connection with immigration, criminal, or juvenile delinquency investigations.

(c)Registration information required by the office may be taken on oath or by declaration. Persons employed by the office as registrars are authorized to administer oaths for purposes of this section.

(d)Registered aliens will be issued a registered alien card or certificate by the office, which will indicate date of expiration and nonimmigrant class, as well as such other information, including photographs, as the office may require.

(e)Registered aliens 18 years old or older shall keep their registered alien card or certificate in their personal possession at all times.

(f)Any alien who knowingly fails to comply with this section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than 90 days, or fine of not more than $500 or both.

Source:

PL 3-105, § 24.

Article 7.
Criminal Penalties and Miscellaneous Provisions.

§ 4361.Unlawful Acts.

(a)Unlawful Entry. Any person who unlawfully enters or attempts to enter the Commonwealth or any alien who enters or attempts to enter at a place other than a designated port of entry, is guilty of a misdemeanor and shall be punished by not more than 90 days imprisonment, or a fine of not more than $500, or both. A subsequent conviction pursuant to this section is a felony and shall be punished by not more than two years imprisonment, or a Fine of not more than $1,000 or both.

(b)Aiding, Abetting and Encouraging Illegal Entry. Any person who aids, abets, encourages, solicits or in any way assists another to enter the Commonwealth unlawfully is guilty of a misdemeanor and shall be punished by not more than 90 days imprisonment, or a fine of not more than $500, or both. A subsequent conviction pursuant to this section is a felony and shall be punished by not more than two years imprisonment, or a fine of not more than $1,000, or both.

(c)Harboring Illegal Aliens. Any person who, knowing that or in reckless disregard of the fact that an alien has conic to, entered or remains in the Commonwealth in violation of the law, transports, conceals, harbors or shields from detection, or attempts to conceal, harbor or shield from detection such alien in any place including any building or by any means of transportation, is guilty of harboring an illegal alien, and, upon conviction thereof, shall be imprisoned for not more than five years, or fined not more than $2,000, or both.

(d)Assisting an Illegal Entry. Any person who encourages, assists or induces an alien to come into, enter or reside in the Commonwealth, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law, including inducing, assisting or encouraging an alien to enter the Commonwealth as a tourist or business visitor when the actual purpose of that entry is for employment without lawful authority, is guilty of assisting an illegal entry, and, upon conviction thereof, shall be imprisoned for not more than five years or fined not more than $2,000, or both. Any person convicted under this section shall be liable to the Commonwealth for any and all costs borne by the Commonwealth in the detection, prosecution and/or deportation of any aliens induced or assisted by such person to illegally enter the Commonwealth.

(e)Employment of Illegal Aliens. Any person who knowingly employs an alien within the Commonwealth, while knowing that the alien does not have lawful documentation and authority to be so employed, shall be guilty of a felony of providing unlawful employment, and upon conviction thereof shall be imprisoned for not longer than five years, or fined not more than $5,000, or both. Any person convicted under this section shall be liable to the Commonwealth for any and all costs borne by the Commonwealth in the detection, prosecution and/or deportation of any aliens unlawfully employed by such person.

(f)Unlawful Employment By an Alien. Any alien who is employed by another or is self-employed within the Commonwealth without lawful documentation and authority to be so employed is guilty of the misdemeanor of unlawful and undocumented employment by n alien, and upon conviction thereof shall be imprisoned for not more that six months, or fined not more than $500, or both. At the discretion of the Attorney General, any alien believed to be in violation. of this section may be subjected to deportation proceedings as an undesirable alien in lieu of prosecution.

(g)Illegal Subcontract Employment. Any person who offers for employment or employs an alien within the Commonwealth by means of any unapproved or unauthorized agreement, contract, subcontract or exchange with another employer shall be guilty of illegal subcontract employment, and, upon conviction thereof, shall be imprisoned for not more than six months, or fined not more that $500, or both.

(h)For purposes of this section, "unlawful" or "unlawfully" means in violation of any provision of this chapter, or rules and regulations promulgated pursuant to this chapter, or violation of any other provision of Commonwealth law.

(i)Additional Penalties. In addition to any criminal penalties, the court may order any or all of the following:

(1)A temporary suspension or permanent revocation of the business license of the violator; or

(2)A temporary limitation suspension or permanent bar on the issuance of any nonresident worker certificates to the violator.

No action of the court in ordering or not ordering penalties pursuant to this subsection shall affect the ability of the immigration office to order additional and further penalties administratively, unless the court specifically so states in its judgment.

(j)The penalties authorized or required by this section are in addition to and not exclusive of, any other sanctions, including exclusion or deportation or civil fine, that may be authorized by law.

Source:

PL 3-105, § 25; amended by PL 9-5, § 12.

§ 4362.Bribery, Extortion or Attempted Bribery or Extortion.

(a)Every person who shall any officer or employee of the Commonwealth in order to secure any official immigration or labor document or other item related to or necessary for securing any immigration or labor benefit, is guilty of bribery, and upon conviction thereof, may be imprisoned for a period of not more than five years, or fined not more than $2,000, or both.

(b)Every officer or employee of the Commonwealth who hall receive, solicit, or seek anything of value from any person in order to secure any official immigration or labor document or benefit, or any document, license permit or other item related to or necessary for securing any immigration or labor benefit, is guilty of extortion, and, upon conviction thereof, may by imprisoned for a period of not more than rive years, or fined not more than $2,000, or both.

(c)For the purposes of this section, "thing of value" shall be defined in accordance with the provisions of 1 CMC § 8511 et seq. and shall also in clued sexual favors and campaign contributions of any sort.

Source:

PL 9-5, § 6, modified.

Commission Comment:

PL 9-5, the "Immigration Enforcement Act of 1994," took effect July 22, 1994.

§ 4363.Immigration Fraud.

(a)Every person who shall manufacture, traffic in, import, export, sell receive, possess without authorization or use any false, forged, counterfeit, altered or tempered-with official Commonwealth immigration or labor document, permit or identification card or any other official immigration document, including an official entry permit stamp, and who knows or clearly should have known that the document was false, forged, counterfeit, altered, or tampered-with, shall be guilty of official document fraud, and, upon conviction thereof, shall be imprisoned for not more than five years, or fined not more than $2,000, or both.

(b)Every person who shall manufacture, traffic in, import, export, sell, receive, possess without authorization or use any false, forged, counterfeit, altered or tempered-with document, passport, identification card, visa, visa or entry stamp, license, permit, entry permit, birth or health certificate or Commonwealth immigration or labor benefit, and who knows or clearly should have known that the document was false, forged, counterfeit, altered, or tampered-with, shall be guilty of document fraud, and, upon conviction thereof, be imprisoned for not more than five years, or fined not more than $2,000, or both.

(c)Any alien found to be in the unauthorized possession of any false, counterfeit, forged, altered, or tempered-with document covered by subsections (a) or (b) of this section be excludable or deportable as an undesirable alien, as the case may be, in addition to or in lieu of prosecution, in the discretion of the Attorney General.

(d)Whoever, upon entry or when applying for an entry permit to enter the Commonwealth, deliberately impersonates another, falsely states, uses or gives the name of a deceased individual or falsely states, uses or gives an untrue date of birth, or falsely states, uses or gives an assumed or fictitious name without disclosing his or her true identity, or knowingly subscribes as true any untrue statement in any application, affidavit or other document required by the immigration laws or regulations, or knowingly presents any such application, affidavit, or other document containing any such false statement upon entry or otherwise, is guilty of immigration fraud, and, upon conviction thereof, shall be imprisoned for not more than five years, and may be fined not more than $2,000, or both.

Source:

PL 9-5, § 7, modified.

4364. Foreign Visa Fraud.

It shall be unlawful for any person present in the Commonwealth to use or attempt to use, possess for the purpose of use, manufacture, traffic in, import, export, sell, offer to sell or receive any false, forged, counterfeit, altered or tampered-with documents, whether official Commonwealth documents or otherwise, to be used or intended for use to apply for or support any application to the United States of America or any other country for any visa or entry permit to enter the United States of America or any other country. Any, person convicted of such unlawful act or acts shall be punished by imprisonment for no longer than two years or be fined not more than $2,000, or both.

Source:

PL 9-5, § 8.

§ 4365.Forfeitures.

All personal property, including conveyances, which is used or intended for use in any violation of the immigration laws of the Commonwealth shall be forfeitable to the Commonwealth by a proceeding brought by the Attorney General under 6 CMC § 2150 et seq.

Source:

PL 9-5, § 9.

§ 4366.Dismissal upon Conviction

Any person employed by the government of the Commonwealth of the Northern Mariana Islands shall be subject to dismissal from such employment upon conviction of any offense described in this article. No person convicted of any such offense may be employed by the immigration office or the Department of Commerce and Labor for 10 years after such conviction. For purposes of this section, a plea of guilty shall be considered a conviction.

Source:

PL 9-5, § 10.

Commission Comment:

With respect to the reference to the "Department of Commerce and Labor," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CDC § 2001.

§ 4367.Designated Ports of Entry.

The Attorney General shall designate by regulation ports of entry for arriving aliens, and may promulgate requirements for aircraft civil traffic for giving notice of intent to land in advance of landing, and such other requirements as in be necessary to effect and enforce this chapter.

Source:

PL 3-105, § 26; renumbered by PL 9-5, § 5.

§ 4368.Jurisdiction of the Commonwealth Trial Court.

The Commonwealth Trial Court has jurisdiction of all causes, civil and criminal arising under this chapter, unless such case is determinable by administrative action and specifically made unreviewable.

Source:

PL 3-105, § 27; renumbered by PL 9-5, § 5.

Commission Comment:

Section 4 of PL 6-25, the "Commonwealth Judicial Reorganization Act of 1989," provides that "[w]herever the term 'Commonwealth Trial Court' appears in the Commonwealth Code, it is henceforth to be interpreted and understood to refer to the Commonwealth Superior Court."

§ 4369.Disposition of Funds.

All fees, civil and penal fines, and other monies collected pursuant to this chapter shall be credited to the General Fund unless another disposition specifically required.

Source:

PL 3-105, § 28; renumbered by PL 9-5, § 5.

Article 8.
Detection and Apprehension of Illegal Aliens.

§ 4381.Detection of Illegal Aliens.

(a)Interrogation Power. Any officer of the immigration office shall have power without warrant to interrogate any alien or person believed to be an alien as to his or her right to be or remain in the Commonwealth. An interrogation conducted pursuant to this section shall be brief, shall be restricted to the subject of the person's right to be or remain in the Commonwealth, and shall not constitute an arrest. The person interrogated may refuse to answer; however, the officer may take such refusal into account when determining whether to make an arrest pursuant to 3 CDC § 4382(b).

(b)Search Warrants. Upon application to a judge of the Common wealth Superior Court, any officer of the immigration office ice may request the issuance or a search warrant to enter any premises or building for the purpose of:

(1)Locating or detecting a person or persons reasonably believed to be aliens present in the Commonwealth without lawful authority; or

(2)Locating or seizing documents, files, records, instruments, proceeds including currency, or any other items reasonably believed to be used in securing any labor or immigration benefits in violation of any applicable Commonwealth or federal law or regulation; or

(3)Evidence of commission of any criminal violation of the immigration statutes.

Any such application to the Superior Court shall be supported by a sworn affidavit or testimony establishing probable cause.

(c)Warrantless Searches at Entry. Any officer of the immigration office shall have the power to conduct a warrantless search at the immigration inspection counter or a Commonwealth port of entry of any person seeking admission to the Commonwealth, provided that such officer must have probable cause to suspect that such a search might find documents or other items related to immigration matters which would lead to the exclusion of that person.

(d)Warrantless Searches of Places Where Nonresident Workers are Employed. Any officer of the immigration office shall have the same powers of search and entry granted to the Chief of Labor or his designee under 3 CMC § 4442, except that such powers shall be exercised solely to enforce the immigration laws of the Commonwealth. As a condition of and in consideration of any approval to employ nonresident workers, any employer is deemed to agree to entry and search pursuant to this section.

Source:

PL 9-5, § 3 (§ 4381), modified.

Commission Comment:

With respect to PL 9-5, see the comment to 3 CDC § 4362. With respect to the reference to the "Chief of Labor" in this section, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001: see also the comment to 3 CMC § 4121.

§ 4382.Apprehension of Illegal Aliens.

(a)Arrest Warrants. Upon application to a Judge of the Commonwealth Superior Court, any officer of the immigration office may request the issuance of an arrest warrant for the purpose of apprehending any particular person reasonably believed to be an alien present in the Commonwealth without legal authority and seeking the detention of such person pending deportation. Any such application shall be supported by a sworn affidavit or testimony establishing that there is probable cause to believe the person is an alien in the Commonwealth without legal authority.

(b)Warrantless Arrests. An officer of the immigration office may arrest any person, without a warrant, provided that:

(1)The officer has probable cause to believe that the person is an alien, and is in the Commonwealth in violation of any law or regulation made pursuant to law regulating the admission, exclusion, or expulsion of aliens; and

(2)The officer reasonably believes that the person is likely to escape before a warrant can be obtained for his arrest.

An officer of the immigration office may also arrest, without a warrant, any person who he observes in the act of entering the Commonwealth unlawfully, or attempting to enter the Commonwealth unlawfully.

(c)Examination by Judge Required. A person arrested pursuant to subsection (b) of this section shall be taken for an initial examination before a judge of the Commonwealth Superior Court for a determination of the status of the person's presence in the Commonwealth. Such an initial examination shall be made as promptly as is reasonably possible, and in no circumstances later than 48 hours after an arrest made pursuant to this section.

(d)Any alien so arrested who is found not to have currently valid legal authority to be in the Commonwealth shall be subject to deportation under other provisions of this chapter.

Source:

PL 9-5, § 3 (§ 4382), modified.

CHAPTER 4.
Nonresident Workers Act.

Article 1.
General.

§ 4411.Nonresident Workers: Policy.

(a)The legislature finds and declares that it is essential to a balanced and stable economy in the Commonwealth that residents be given preference in employment and that any necessary employment of nonresident workers in the Commonwealth not impair the wages and working conditions of resident workers.

The legislature recognizes the need for alien labor at the present state of economic development but finds that the employment of nonresident workers should be temporary and generally limited to the duration of the specific job or employment for which the alien was recruited.

The legislature finds that specific data regarding job category needs, availability of resident labor in particular employment categories, and impact of apprentice training programs, is currently minimal. It is the legislature's intent that the implementation of this chapter will generate reliable data upon which more specific alien labor policies can be developed.

(b)It is the intent of the amendments to the act to provide stricter enforcement, control and regulation of nonresident workers. It is further the intent of this act to require resident workers to be at least 10 percent of every employer's management, supervisory and nonsupervisory work force, which is to be increased at least two percent annually so that at the end of five years resident workers comprise of at least 20 percent of every employers management, supervisory and nonsupervisory work force, to prohibit the transfer of nonresident workers from one employer to another except as provided by law, to control the issuance of temporary work permits, to increase the job referral services provided to resident workers and to establish a four year maximum time period for nonresident worker to remain in the Commonwealth. Nonresident workers and their nonresident dependents shall not be eligible for permanent resident status.

Source:

PL 3-66, § 2; amended by PL 5-32, § 2.

Commission Comment:

PL 3-66, the Nonresident Workers Act, took effect August 18, 1983. PL 3-66, §§ 1, 20 and 22 repealed Trust Territory Code title 49.

§ 4412.Nonresident Workers: Definitions.

As used in this chapter, the term:

(a)"Agreement" means a nonresident employment agreement between the Chief of Labor and an employer pursuant to 3 CMC § 4433;

(b)"Available" means offering to perform any type of services or labor for an employer at the time and place, and under the terms and conditions, designated by such employer;

(c)"Certificate" means a certificate of labor and immigration issuable by the director pursuant to 3 CMC § 4435(b);

(d)"Chief" means the Chief of Labor;

(e)"Contract" means a contract between a nonresident worker and an employer, pursuant to 3 CMC § 4434;

(f)"Director" means the Director of Commerce and Labor;

(g)"Division" means the Division of Labor of the Department of Commerce and Labor;

(h)"Employer" means any individual, partnership, association, or corporation hiring, employing, or otherwise engaging for compensation any resident worker or nonresident worker to perform services or labor within the Commonwealth, including any branch, agency, or instrumentality of the Commonwealth, but does not include the Trust Territory of the Pacific Islands or United States government;

(i)"Nonresident worker" means any available individual who is at least 18 years old and who is capable of performing services or labor desired by an employer and who is not a resident worker. Nonresident worker shall not include any immediate relative, spouse or children including legally adopted children of a U.S. citizen or any foreign investor; and

(j) "Job classification" means the job classification described and listed as an occupational group under the Dictionary of Occupational Titles. Each time the words "job title" appear in this division, the words "job classification" shall be substituted in its place.

(k)"Occupational category" means the nine occupational categories listed under the Dictionary of Occupational Titles issued by the U.S. Department of Labor, which includes the following:

(1)Professional, technical, or management occupation;

(2)Clerical and sales occupation;

(3)Service occupation;

(4)Agricultural, fisheries, forestry and relative occupation;

(5)Processing occupation;

(6)Machine trade occupation;

(7)Benchwork occupation;

(8)Structural work occupation; and

(9)Miscellaneous occupation.

(l)"Management" job classification shall mean the function of planning, organizing, coordinating, directing, controlling, and supervising any industrial or business project or activity with responsibility for results.

(m)"Supervisory" job classification shall mean the function to coordinate, direct, and inspect continuously and at first hand the accomplishment of industrial or business activity for ones employer.

(n)"Resident worker" means any available individual who is capable of performing services or labor desired by an employer, and who is a citizen or national of the United States as defined in the Constitution of the Northern Mariana Islands or who has been granted national or citizenship status pursuant to Commonwealth law or who is legally residing without restrictions as to employment in the Commonwealth.

Source:

PL 3-66, § 3; amended by PL 5-32, § 3.

Commission Comment:

With respect to the references to the "Director of Commerce and Labor," the "Chief of Labor," the "Department of Commerce and Labor" and the "Division of Labor," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4421.

§ 4413.Nonresident Workers: Preference for Resident Workers.

Resident workers shall be given preference in employment in the Commonwealth. Nonresident workers shall be employed only as necessary to supplement the available labor force. No employer shall hire, employ, or otherwise engage for compensation any nonresident worker to perform services or labor in the Commonwealth except in strict accordance with the provisions of this chapter and any rule or regulation issued under this chapter.

Source:

PL 3 - 66, § 3.

§ 4414.Conflict of Interest.

No employee or official of the Department of Commerce and Labor or Division of Immigration, or his or her immediate relative as defined in 3 CMC § 4303(m), shall own or have an equity interest in an employment agency or business engaged in recruiting or bringing into the Commonwealth a nonresident worker.

Source:

PL 5-32, § 4.

Commission Comment:

This section took effect October 27,1987. With respect to the references to the "Department of Commerce and Labor" and the "Division of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4421.

Article 2.
Administrative Provisions.

§ 4421.Chief of Labor: Functions and Duties.

For the purposes of this chapter, and without limitation on the scope or extent of powers, duties, and responsibilities vested by any other provision of law, the chief shall, under the supervision of the director, have the following functions and duties:

(a)Establish and maintain a system of registration, referral, and other employment services to assist potential resident workers in obtaining employment and assist employers in locating resident workers.

(b)Establish or recommend methods for alleviating shortages of resident workers and reducing the need for nonresident workers through such means as advising residents, and residents graduating from the Northern Marianas College or other training institution and making job referrals and job placements into the private sector. The term "graduate" includes those residents who have successfully completed a certified apprenticeship, vocational, or trade training program established or sponsored by the Northern Marianas College or other organization recognized by the college or the Western Association of Schools and Colleges or other accredited organization.

(c)Oversee, monitor, and review the use of nonresident workers and all matters related to such use, including the health, safety, meals, lodging, salaries, and working hours and conditions of such workers, and the specific contractual provisions for the services or labor of such workers.

(d)Enforce, pursuant to 3 CDC §§ 4441-4446, the provisions of this chapter and any agreement which the chief enters into with any employer concerning the employment of nonresident workers.

(c)Require that employers accept such agreement or conditions for the payment of wages or benefits to nonresident workers, or any other agreement or contract provision, as the chief determines to be necessary and consistent with the policy and purposes of this chapter, and any such agreement, condition, or provision shall be legally enforceable in the courts of the Commonwealth.

(f)Establish occupational categories, minimum standards of qualification, and procedures for certification of nonresident workers.

Source:

PL 3-66, § 5; amended by PL 5-32, § 5.

Commission Comment:

Executive Order 94-3, the "Second Reorganization Plan of 1994" (effective August 23, 1994), reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3, § 301:

-Section 301. Department of Labor and Immigration.

(a)Department Established. There is hereby established a Department of Labor and Immigration which shall have at its head a Secretary of Labor and Immigration.

(b)Labor and Employment Services.

(1)The Division of Labor and the Division of Employment Services are transferred from the Department of Commerce to the Department of Labor and Immigration. The Secretary of Labor and Immigration shall strengthen the Division of Employment Services to increase its ability to encourage and locate private sector employment for Commonwealth residents. The Secretary shall coordinate the functions of the two offices such that the availability of resident workers known to the Division of Employment Services is considered by the Division of Labor before nonresident worker certificates are issued.

(2)The functions of the Secretary of Commerce under Chapter 2 [of] 4 CMC, Division 9 [4 CMC § 9211 et seq.], relating to minimum wages and hours, are transferred to the Secretary of Labor and Immigration.

(3)The Wage and Salary Review Board is abolished and its records, property, facilities, equipment, and supplies transferred to the Department of Labor and Immigration.

(4)The State Job Training Coordination Council/Private Industry Council and the JTPA office are allocated to the Department of Labor and Immigration for purposes of administration and coordination.

(5)Pursuant to paragraph (2) of 3 CMC § 4424(a), the Secretary of Labor and Immigration shall by regulation increase to not less than $200 the annual fee for the processing of the initial application and for each annual renewal of a non-resident worker certificate, provided that the additional funds collected as a result of such increase shall be covered into the General Fund. On October 1, 1994, any funds remaining in the Commonwealth Non-resident Worker Fee Fund or in any account established pursuant to paragraph (1) of such subsection, shall be covered into the General Fund, may be reprogrammed by the Governor, and shall remain available for obligation until expended. The Governor may transmit to the Legislature revised budget estimates for Fiscal Year 1995 as necessary to conform to the provisions of this paragraph.

(c)Immigration.

(1)The Office of Immigration and Naturalization is re-designated the Immigration Service and is transferred to the Department of Labor and Immigration as a division of that department. The Immigration Service shall have at its head a Director of Immigration, who shall have all the powers assigned by law to the Immigration and Naturalization Officer, except any power transferred pursuant to Section 201 of this plan. The position of Immigration and Naturalization Officer is abolished.

(2)All functions of the Attorney General relating to immigration and naturalization, are transferred to the Secretary of Labor and Immigration except:

(A)any function transferred pursuant to Section 201 of this plan,

(B)the hearing or immigration appeals as provided in 3 CMC § 4336(d), and

(C)the constitutional function of legal representation.

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

§ 4422.Statistical Data.

The chief shall prepare on an annual basis statistical data of all nonresident workers. The data shall provide a breakdown by occupational categories, job classifications, citizenship, and point of origin. Copies of the data shall be transmitted to the Northern Marianas College and the legislature.

Source:

PL 5-32, § 6 (repealing PL 3-66, § 11).

Commission Comment:

This section took effect July 28, 1987. With respect to the reference to the "chief" of Labor, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4421.

§ 4423.Federal Grants and Programs.

The chief shall develop a list of all labor programs and services offered to state or local governments, employers, or individuals by the United States Department of Labor or any other agency or instrumentality of the United States, together with a statement regarding the eligibility of the Commonwealth for participation in such programs and receipt of such services, and the appropriateness of such programs and services to the Commonwealth. This list and statement shall be included in the annual report of the division transmitted pursuant to 3 CMC § 4447.

Source:

PL 3-66. § 12.

§ 4424.Rules and Regulations.

(a)

(1)The director shall promulgate rules and regulations to implement the intent of this chapter pursuant to the Administrative Procedure Act (commencing at section 9 101 of title I of this code [1 CMC § 9101 et seq.]) including the written delegation of the director's duties as imposed herein to employee(s) of the division.

(2)The director shall by regulation establish an annual fee both for the processing of the initial application and for each annual renewal of a nonresident workers certificates.

(3)The Attorney General shall by regulation establish a fee both for processing of the initial application and for each annual renewal of an immigration entry permit for each immediate relative of a qualifying nonimmigrant alien.

(4)No fee may be charged for registration or referral of resident workers.

(5)All fees for the initial application and annual renewals of nonresident worker certificates shall be the responsibility of and shall be paid, without offset or charge back to the nonresident worker, by the employer. Calculation of periods for annual renewal of nonresident worker or dependent certificates shall begin on the date the nonresident worker or dependent arrives in the Commonwealth.

(6)The director may, by regulation, establish procedures for the renewal of nonresident worker certificates, including letter renewal if no changes in the information contained on the initial application for the certificate has occurred as sworn to by the applicant under penalty of perjury.

(7)The Attorney General may, by regulation, establish procedures for the renewal of immigration entry permits for qualifying immediate relatives, including letter renewal if no changes in the information contained on the initial application for the immigration entry permit has occurred as sworn to by the applicant under penalty of perjury.

(b)The Commonwealth government, as an employer of nonresident workers is exempted from paying the annual application fee pursuant to this subsection.

(c)All fees collected pursuant to subsection (a) of this section shall be deposited into a special fund to be known as the "Commonwealth Nonresident Worker Fee Fund." The Director of Finance shall collect and direct all funds received for the fund into four separate accounts as set forth in subsection (1) below:

(1)Except as provided in this subsection, all of the fees collected shall be reserved and placed into an account known as the Northern Marianas College Apprenticeship, Vocational and Trade Training Supplemental Account (the "Apprenticeship Account"). An appropriation from this account shall be used only to fund apprenticeship, vocational, and trade training programs conducted or sponsored by the Northern Marianas College. Of the fees collected, $25,000 shall be reserved for Tinian and $25,000 shall be reserved for Rota which shall be used for youth employment training programs on those islands. The mayors of Tinian and Rota shall have expenditure authority of these funds, and who will, within 90 days after the end of each fiscal year, report to the Governor and the legislature on the expenditure of such funds. Additionally, of the fees collected, $60,000 shall be reserved for the Department of Commerce and Labor for use in enforcing the provisions of this chapter and to help meet the financial requirements and added work load created hereby. Funds reserved for commerce and labor shall require legislative appropriation annually. Funds provided for in this subsection shall not be subject to reprogramming.

(2)The Northern Marianas College, before expenditure of funds appropriated from the apprenticeship account by the legislature, shall annually report to the joint Senate and House Fiscal Affairs and Appropriations Committees and the Committee on Health, Education and Welfare ("joint committees") on the details of the apprenticeship, vocational, and trade training programs funded by the funds from the apprenticeship account. Further, before expenditure of any funds from the apprentice ship account, the joint committees by majority vote shall approve the details of the apprenticeship, vocational, and training programs as reported by the Northern Marianas College.

(d)A detailed management and fiscal report shall be submitted to the legislature no later than 30 days following the end of each fiscal year.

Source:

PL 5-32, §§ 2, 7 (repealing PL 3-66, § 13); amended by PL 6-28, § 2.

§ 4425.Annual Report.

Within 120 days of the end of the government fiscal year, the chief shall prepare an annual report of the operations and activities of the division during the year. The report shall include data regarding the number of nonresident workers employed in the Commonwealth during the year, the citizenship and point of hire of workers, the occupational categories or job titles filled by the workers, the number of accompanying family members, wage scales, and any other information regarding nonresident workers as may be appropriate. The report shall also include information regarding registration and referral of resident workers, the apprenticeship training program, and the list and statement regarding federal grants and programs required to be included in the report pursuant to 3 CMC § 4422. The report shall be transmitted through the director to the Governor and to the presiding officer of each house of the legislature and shall be public information.

Source:

PL 3-66, § 17.

Article 3.
Procedural Requirements.

§ 4431.Procedure and Requirements: Employer Notifies Chief.

Any employer who desires to utilize the services of the division in locating resident workers to fill job vacancies or, if resident workers cannot be located, obtain permission to employ nonresident workers, shall notify the chief and report such vacancies, stating the place and nature of the employer's business, the number of workers desired, the occupational qualifications of these workers, the wages to be paid the workers, the date on which it is desired that employment commence, the island or islands on which the workers are desired, and any other information the chief may require or which the employer may deem appropriate. The chief may require the employer to justify any occupational qualification as appropriate to the nature of the position.

Source:

PL 3-66, § 6.

§ 4432.Procedure and Requirements: 15-Day Advertising.

Upon receipt of notification pursuant to 3 CMC § 4431, the chief shall first endeavor to fill the job vacancies reported by the employer by referral of resident workers registered with the division. In the event of inability to supply sufficient resident workers by such referral, the chief shall cause the existence of the vacancies and other applicable information regarding the jobs to be publicized. This publication shall include notice to all officers of the Department of Commerce and Labor, posting or notice in public places in the Commonwealth, advertising in a newspaper of general circulation in the Commonwealth, the use of the public media when appropriate, and any other means as the chief may determine to be feasible. This publication shall continue for a period of 15 days, except that the director may waive all or part of this period if he rinds that a waiver is in the public interest and not inconsistent with the policy of this chapter.

Source:

PL 3-66, § 6; amended by PL 6-28, § 3.

§ 4433.Procedure and Requirements: Nonresident Employment Agreement.

Not later than seven days after the date of expiration of the period of publication required pursuant to 3 CMC § 4432, upon a finding by the chief that there is no resident worker to fill any job vacancy announced in this publication, the chief shall determine under what conditions and for what period of time the employer shall be permitted to use a nonresident worker to fill the vacancy. If the employer desires to use a nonresident worker under these conditions, the employer shall enter into a nonresident employment agreement with the chief to this effect. This agreement may apply to more than one vacancy, as the chief may, in his discretion decide, and shall include, in addition to any other provision the chief deems necessary, the following provisions:

(a)A statement that the employer requires one or more nonresident workers commencing on or about a stated date to perform services or labor on a stated island or islands;

(b)A statement of any occupational category or job title covered by the agreement and any qualification which must be met by any nonresident worker employed pursuant to the agreement;

(c)A statement of the wages the employer is paying or intends to pay each nonresident worker for each vacancy, occupational category, or job title covered by the agreement;

(d)A statement that the employer agrees to comply with the conditions stated in the agreement, the minimum employment conditions and other requirements applicable to such workers pursuant to this chapter, and any other applicable provision of law including a specific consent to entry pursuant to 3 CMC § 4442;

(e)A statement of the period of time for which the employer will be allowed to fill any position with a nonresident worker before the employer must attempt to locate a resident worker for the position by again complying with the provisions of this section;

(f)A statement that any contract offered to a nonresident worker pursuant to the agreement shall be contingent upon approval by the chief;

(g)A copy of a draft nonresident employment contract in a form, containing provisions including occupational category or job title, term of employment, location of work, work schedule, wage scale for regular and overtime work, and any deductions from pay, as may be required by law. In lieu of this copy, a statement that an acceptable previously filed or prescribed contract form may be used; and

(h)A statement that the employer will secure a bond or other surety for each nonresident worker as provided in 3 CMC § 4435(a).

Source:

PL 3-66, § 6.

§ 4434.Procedure and Requirements: Approval of Contract by Director.

After entering into a nonresident employment agreement pursuant to 3 CMC § 4433, an employer may use a nonresident worker to fill the job vacancy covered by this agreement, subject to the following procedures and conditions:

(a)Prior to entry of the nonresident worker into the Commonwealth for employment under this chapter or, if the worker is already within the Commonwealth, before commencing employment, the employer shall present to the chief the affidavit described in subsection (b) of this section, a fully executed employment contract between the employer and the nonresident worker which shall conform to the requirements of subsection (c) or this section and shall be contingent on: (1) approval by the chief, (2) the payment of the required fee, and (3) the disclosure of' any other information or document required pursuant to the employment agreement or departmental regulations. Approval by the chief, as required by this section, is a review of the contract for compliance with the provisions or this chapter. Such review shall not subject the chief or the Commonwealth government to liability on the employment contract, even if the chief approves a contract which does not comply with all the provision of this chapter.

(b)The affidavit of the nonresident worker shall be sworn to by the worker and shall indicate:

(1)That the worker has a minimum of two years experience in the occupational field for which he or she is to be hired, except that two years total experience in any field shall suffice if the position is an unskilled position as designated by the Chief;

(2)That the worker meets any occupational qualification for the position as published in the vacancy announcement required by subsection (b) of this section;

(3)The marital status of the worker, and the name, address, age, and relationship of any dependent;

(4)That the worker has not been convicted of a felony or other crime involving moral turpitude, except that the director may waive this requirement if the director finds that the presence of the worker in the Commonwealth would not be detrimental to the public interest; and

(5)If the affidavit of the nonresident worker is not executed in the Commonwealth, it shall be attested to under penalty of perjury as true by the employee's employment recruitment agency that shall be licensed to do business in the Commonwealth.

(c)The contract between the employer and the nonresident worker shall include specific itemization of any deductions from the employee's salary. No deductions may be levied against a nonresident worker unless:

(1)The expenses are specifically included in the employment contract entered between the employer and the nonresident worker and executed at the time of and place or recruitment of the nonresident worker;

(2)Expenses incurred by the employer for room and board are no more than the expenses actually incurred by the employer in providing such benefits; and

(3)Deductions of such expenses from employees compensation is not in violation of any applicable federal or Commonwealth law or regulation promulgated by the director.

(d)After reviewing the information and documents submitted pursuant to subsection (a) of this section and within 30 calendar days of its receipt the chief shall determine if the nonresident worker and the employment contract meet all the requirements of this chapter. If the nonresident worker does not qualify, the chief shall notify the employer and the nonresident worker if the worker is within the Commonwealth, giving reasons for this determination in writing. If the employment contract is not in compliance, the chief shall prepare a corrective addendum to be executed by the employer and the nonresident worker. When the chief is satisfied that all requirements have been met, he shall signify his approval on the employment contract and any addendum and notify the employer.

(e)

(1)The Director of Labor shall not approve nonresident worker certificates for the following job classifications: taxi cab driver, secretary, bookkeeper, accounting clerk, messenger, receptionist, surface tour boat operator, bus driver, including tour bus driver, and telephone switchboard operator.

(2)The director shall not approve nonresident worker certificates for employment unless the number of resident workers employed by the applicant employer is at least equal to the number of nonresident workers employed by the applicant employer in any of the following job classifications: retail trade clerk, retail trade cashier, hotel front desk clerk, janitor, security guard, custodian, and tour guide. However, the director may conditionally waive this restriction in accordance with provisions of 3 CMC § 4436(b).

(3)The director, or his/her designated representative, shall insure that job classifications established by the employer, together with occupational qualifications and experience, are reasonable for the position being applied for, and in the event the director, or his/her designated representative, determines that such job classification or occupational qualifications or experience is not reasonable for such position, the nonresident worker certificate shall not be approved.

(f)Notwithstanding 1 CMC § 9112, no civil action may be brought by a nonresident worker against an employer for violation of the Minimum Wage and Hours Act (4 CMC § 9211 et seq.) and/or the Nonresident Workers Act (3 CMC § 4411 et seq.) unless the nonresident worker has first filed a written complaint concerning those violations with the Chief of Labor no later than 30 days after the violation is alleged to have occurred. Said civil action, if any, shall be commenced in any court only after the director or his designee, after a hearing, has issued a decision on the complaint favorable to the nonresident worker and the employer fails or refuses to pay any assessment made by the director within 10 days after receiving notification of the director's decision, the entire sum of money that the decision says is owed by the employer to the employee. Such payment shall be made through the director.

(g)A nonresident worker who has left his or her employment whose contract of employment has expired, or who is no longer employed by the employer approved by the chief, shall not be permitted to remain in the Commonwealth. Except that, a nonresident worker shall be allowed to remain in the Commonwealth for a period not to exceed 20 days in order to pursue a civil action against his or her employer for a breach of their employment contract, other civil or criminal claims, or to pursue violations of any Commonwealth or federal labor law. Provided, however, for a claim made against an employer for failure to pay the contract wages, a nonresident worker shall only be allowed to remain in the Commonwealth for a period or 30 days in order to pursue such action where a timely claim is made for failure to pay the contract wages and where the employer fails or refuses to pay the full sum of money as ordered by the director within the 10 day period provided by this section. A nonresident worker who has left the Commonwealth shall be allowed to return no sooner than five days before their scheduled trial date in the Commonwealth Superior Court or federal court. Such person will be required to exit the Commonwealth within three days after the termination of the trial, or any continuances thereof.

(h)Issuance of nonresident worker certificates for waitresses, excluding restaurants or coffee shops, shall be limited to 15 waitresses or hostesses per employer for the islands of Rota and Tinian and 10 waitresses or hostesses per employer for the island of Saipan. The number or waitresses or hostesses shall be certified under penalty or perjury by the employer.

(i)The director shall not approve nonresident worker certificates for any position for employment within the Commonwealth government except for employment within the following government entities and under the following conditions:

(1)

(A)In the Public School System for persons employed as or March 6, 1996; provided, however, that nonresident workers employed as classroom teachers or supervisory personnel of classroom teachers, including but not limited to coordinators of special education programs, and education specialists, must be a graduate of college or university in the United States, or which are accredited by United States accrediting associations, or alternatively, must be graduate of a college or university and shall pass, prior to being issued a nonresident worker certificate, a "BESTE" test for English proficiency or its functional equivalent as designated by the Board of Education;

(B)In the Department of Public Health. Applicants for nursing positions shall be graduates of recognized colleges or universities with a degree in nursing science in his/her country of origin and shall successfully satisfy all-in-country licensing requirements prerequisite to employment as board-licensed and registered nurses.

(C)In the office of the Public Auditor; provided, however, that such nonresident workers shall meet minimal professional qualifications imposed by the Public Auditor.

(D)For technical and professional employees in the Technical Services Division and the Division of Environmental Quality of the Department of Public Works; provided, however, that such nonresident workers must meet professional qualifications imposed by the Secretary of the Department of Public Works.

(E)For instructors, research scientists and other technical and professional employees at the Northern Marianas College; provided, however, that such nonresident workers must be graduates of colleges or universities in the United States, or colleges or universities which are accredited by United States accrediting associations, or, alternatively, that such nonresident workers shall have earned degree(s) from colleges, universities, or institutions abroad that are recognized by the Board of Regents and shall meet all other professional requirements set by the Board of Regents.

(F)In the Commonwealth Utilities Corporation for technical and professional employees.

(G)In the Department or Commerce for temporary or part time employees as needed for censuses and statistical surveys.

(2)In coordination with the Office of Personnel Management, the Northern Marianas College or the Public School System, as the case may be, each Commonwealth government entity authorized to hire nonresident workers pursuant to this chapter shall develop a comprehensive manpower training and education plan. This plan must include a management intern program for employees to receive the necessary job-skills training and/or education to eventually fill the positions currently occupied by nonresident workers. At least 60 days prior to the beginning of each fiscal year, the hiring government entity shall report annually, in writing, to the presiding officers or each house of the legislature on the progress and status of this plan together with a funding request necessary to implement the plan. Failure of the government hiring authority to comply with this provision shall be grounds to suspend the privilege of hiring nonresident workers by the noncomplying entity.

(3)Except for the employment of medical doctors, midwives, and dentists by the Department of Public Health, the exceptions authorized herein shall expire on September 30, 2000.

Source:

PL 3-66, § 6; amended by PL 5-32, § 8; PL 6-5, § 317; PL 6-25, § 4; PL 6-28, § 1; PL 6-36, §§ 2, 3; PL 6-39, § 5; PL 7-4, §§ 2,3; PL 7-34, §§ 1, 2; PL 7-45, §§ 3,4,5, 6, 8; PL 9-55, § 2; PL 10-4, §§ 4, 5; PL 10-3 1, § 2, modified.

Commission Comment:

PL 10-4, the "Nonresident Worker Extension Act," which amended subsections (e) and (i) of this section, took effect March 6, 1996. According to PL 10-4, § 2:

-Section 2. Findings and Purpose. The Legislature rinds that current law exempts particular departments, agencies and other entities from the blanket prohibition on the hiring of nonresident workers by the Commonwealth Government and allows these entities to hire nonresident workers with limited restrictions. The Legislature also rinds that sound social policy dictates that the Commonwealth Government reduce and eventually phase out its reliance on nonresident labor.

The Legislature further finds that, in accordance with [PL 7-45 the exemptions for some of the entities have expired on September 30, 1995. The Legislature also recognizes that there is yet an insufficient locally available labor pool to supply the professional and technical needs for some of these Commonwealth government entities. For example, the local labor pool is presently incapable of supplying sufficient numbers of doctors, dentists, nurses, auditors, mechanics and teachers. To accommodate both the social policy of phasing out nonresident labor and the economic reality of current continued need, it is the purpose of this legislation to provide a mechanism whereby the number of nonresident workers employed by the Commonwealth government will be reduced by governmental responsibility and accountability. This legislation will extend the sunset provision imposed by [PL 7-45] to September 30, 2000. The Legislature further rinds that it was the intent of [PL 7-45] to restrict the Commonwealth government from hiring nonresident workers both directly and indirectly through the use of manpower services or agencies.

It is the further purpose of this legislation to insure that all exempted government entities are actively working toward phasing out the reliance on nonresident workers. Therefore, this legislation requires each of the exempt government- entities to develop a comprehensive manpower training and education plan in coordination with the Northern Marianas College and the Office of Personnel Management. This plan must include a management intern program for employees to receive the necessary job-skills training and/or education to eventually fill the positions currently occupied by non-resident workers. furthermore, each government entity authorized under this Act to hire nonresident workers shall report annually, in writing, to the presiding officers of each house of the Legislature on the progress and status of this plan.

With respect to the references to the "director" of the Department of Commerce and Labor, the "chief" of Labor, the "Department of Public Health" and the "Department of Public Works" in 3 CMC § 4434, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch-, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4421.

§ 4435.Procedure and Requirements: After Contract Approved.

(a)After receiving notice from the director that an employment contract has been approved, the employer shall deliver to the director a bond or other surety from a recognized insurance company in an amount and form acceptable to the director to secure the faithful performance of the duties and responsibilities of the employer and the departure of the nonresident worker at the end of his period of employment. If the employer fails to make reasonable efforts to repatriate a nonresident worker, thereby allowing that worker to become an illegal alien, then said employer shall be liable for all deportation costs incurred as a result of such willful, knowing or negligent conduct. If the employer does not voluntarily pay the aforementioned costs within 30 days of notification, the Secretary of Labor and Immigration shall order the Director of Revenue and Taxation to deduct the total amount from the employer's NMTIT tax rebate; provided, that any such notification may be contested pursuant to the Administrative Procedure Act [1 CMC § 9 101 et seq.]. All such payments and deductions shall be returned to the Alien Deportation Fund.

(b)The director and the Attorney General shall provide for a certificate to be used for both labor and immigration purposes. After receiving evidence of the bond or surety pursuant to subsection (a) of this section and after receiving any required fee, the director shall, within 30 calendar days, issue such certificate and forward it to immigration authorities for such immigration clearance as may be required by law. This certificate shall include:

(1)The name of the nonresident worker;

(2)The name of his or her employer;

(3)The occupational category or job title;

(4)The nonresident worker's legal residence;

(5)The nonresident worker's citizenship;

(6)The date of expiration of the certificate; and

(7)The number or the nonresident employment agreement under which the worker is employed.

The nonresident worker shall keep a copy of this certificate on his person, or otherwise readily available at all times.

(c)No later than 30 calendar days after receipt of the director's certificate, the Commonwealth immigration authority shall issue the appropriate entry documents or indicate specifically in writing its reasons for denying entry documents and transmit such denial to the director and the employer.

Source:

PL 3-66, § 6; amended by PL 10-1, § 5.

Commission Comment:

With respect to the references to the "director" of the Department of Commerce and Labor and the "Secretary of Labor and Immigration, " see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001, see also the comment to 3 CMC § 4421.

§ 4436.Preconditions for Employment of Nonresident Workers.

(a)No nonresident worker certificates shall be issued or renewed for ii employer (other than a construction company or agricultural employer) unless the employer or one of the employer's officers swears under penalty of perjury that at least ten percent ("minimum percentage") of the employer's full-time work force in the Commonwealth is comprised of resident worker and that this minimum percentage has increased at least at the rate of two percent per year until such time that resident workers comprise 20 percent of the employer's work force together with a sworn affidavit made under penalty of perjury listing the names, addresses, telephone numbers (if any), and the position applied for by citizens or permanent residents of the United States. Employers employing less than five but more than one employee shall employ at least one full-time resident worker.

(b)Provided, however, that if an employer demonstrates to the director that he is unable to reach or maintain the percentage of a resident work force required by subsection (a) of this section, or the one-to-one ratio required by 3 CMC § 4434(e), despite a good faith attempt to do so, the director may reduce the percentage to one that is reasonably attainable under the circumstances.

(c)No employer shall employ a nonresident worker in the Commonwealth unless at all times the employer pays its workers their full wages at least bi-weekly in United States dollars in cash together with a receipt with which to verify wages, hours and deductions or in checks that can be cashed by the workers in the Commonwealth.

(d)

(1)No nonresident worker certificate shall be issued or renewed for an employer unless the employer can document that all nonresident workers for whom the employer has received a certificate within the four years immediately preceding the application for such issuance or renewal are either currently employed by the employer, have been repatriated have been transferred to another employer in the Commonwealth, or have died.

(2)In addition, any employer who fails to account for any such nonresident worker for whom the employer has received a certificate shall, after the chief has conducted an administrative hearing pursuant to 3 CMC § 4444, be subject to a fine of $500 for each such unaccounted for worker.

(3)Any corporation, an officer or director of which has been barred from employing nonresident workers under this subsection, shall likewise be barred from employing nonresident workers as long as such officer or director retains office with the corporation.

(c)A nonresident worker certificate shall not be issued or renewed for any position for employment with the Commonwealth government unless the Office of Personnel Management, the President of the Northern Marianas College, or the Commissioner of Education, as the case may be, certifies that no resident worker is available to fill the position.

Source:

PL 5-32, §§ 9, 10 (repealing PL 3-11, § 7); amended by PL 6-28, § 6; PL 7-34, § 3; PL 10-4, § 3.

Commission Comment:

This section took effect January 1, 1987.

PL 10-4, the "Nonresident Worker Extension Act" added subsection(e); with respect to that act, see the comment to 3 CMC § 4434. With respect to the references to the "director" of the Department of Commerce and Labor and the "chief" of Labor in this section, see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4421.

§ 4437.Restrictions and Obligations.

(a)No employment contract, or nonresident employment agreement, registration, certification or permit, or the presence of an alien within the Commonwealth pursuant thereto shall be grounds for naturalization or citizenship, or permanent residency except as may be otherwise provided by law.

(b)No nonresident worker employed pursuant to this chapter shall be paid less than any minimum wage applicable to the occupational category or job title of the worker and provided by law. Any employment contract under this chapter shall provide that any future increase in the applicable minimum wage prior to the expiration of the term of the contract shall apply to work performed under the contract on or after the effective date of the increase. Any period of time during which the worker is required to be present at any location within the Commonwealth designated by his or her employer shall I be considered working hours for purposes or determining wages and overtime pay.

(c)All nonresident employment contracts under this chapter shall provide that the employer is responsible and liable for the insurance or payment of all medical expenses of the nonresident worker, including cost of referral and evacuation for medical treatment outside the Commonwealth, and cost of the embalming and transportation or the body back to the country of origin in the event of death of the nonresident worker.

(d)No employer or nonresident worker shall execute any contract, make any other agreement, or change any existing contract, in writing or otherwise, regarding the employment of such worker, without the approval of the chief, and no nonresident worker shall perform labor or services within the Commonwealth except pursuant to an approved contract or an approved change to this contract. Any nonresident employment contract or change thereto which has not been approved by the chief or which violates any pro visions of this chapter shall, in the discretion of the chief:

(1)Be voidable;

(2)Be grounds for certificate revocation;

(3)Be grounds to disqualify an employer from further use of any nonresident labor.

(e)A nonresident worker shall not be permitted to perform any services or labor within the Commonwealth for any employer other than the employed for whom the chief has approved an employment contract with such worker, nor may a nonresident worker perform any services or labor on a subcontract between the employer of record and any other employer, except that the chief may approve such a subcontract between the employer for a particular job with a specified duration as part of the original employment contract. Provided, however, that the nonresident worker or a nonresident worker dependent/relative may be employed by the Central Statistics Division of the Department of Commerce on a temporary or part-time, subcontract basis as an enumerator and/or translator to assist with censuses and surveys, only, to be conducted by the Central Statistics Division. A nonresident worker who violates any provision of this subsection shall be subject to immediate deportation.

(f)Each employer shall give to any nonresident worker within his or her employ a copy of the approved employment contract with the worker, and no employer shall withhold from a worker any identification certificate, passport, entry permit, or other document related to the status of the worker.

(g)A nonresident worker shall not be required to leave the Commonwealth to maintain certification or to renew certification.

(h)No nonresident worker whose first entry into the Commonwealth for purposes of employment occurs after July 28, 1987, shall have a financial interest in or operate or engage in any business or become an employer.

(i)Immediate relatives of nonresident workers shall not be issued immediate relative entry permits unless the nonresident worker is paid an annual wage or salary of more than $20,000 and posts with the Chief of Immigration a bond or other surety guaranteeing the repatriation of the family members for whom the nonresident worker seeks entry; provided, however, the income requirement of this subsection shall not apply for a period of not more than one year to nonresident workers whose immediate relatives were already in the Commonwealth on July 28, 1987.

(j)The director shall require that no application for renewal of a nonresident worker certificate be issued, unless the employer submits evidence of payment of the monthly employees withholding taxes and quarterly gross revenue taxes and attaches a copy of the employee's 1040 tax form.

(k)The director shall cancel the certificate of a nonresident worker if the director determines that a job position was advertised at a lower specified rate of pay but a nonresident worker is actually being paid a higher rate of pay subsequent to the nonresident worker certificate being issued.

(l)It shall be unlawful for an employer to hire or employ a person who is not lawfully in the Commonwealth or if such person is a nonresident worker if such nonresident worker's contract has not been approved by the chief.

Source:

PL 3-66, § 8; amended by PL 5-32, §§ 9, 11; PL 6-28 §§ 4, 5; PL 6-39, § 4; PL 7-34, § 4; PL 7-45, § 7; PL 9-55, § 1, modified.

Commission Comment:

With respect to the references to the "director" of the Department of Commerce and Labor, the "chief" of Labor and the "Chief of Immigration," see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 3 CMC § 4421.

§ 4438.Health Certification.

(a)Any nonresident worker admitted to the Commonwealth for employment under the provisions of this chapter, or any person admitted as a member of the family of such worker, shall have in his possession a certificate of freedom from communicable disease. This certificate shall have been executed not more than 30 days preceding the date of entry into the Commonwealth by a physician licensed to practice medicine in the jurisdiction of issue.

(b)

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