	DHS Has Begun Implementing Border Control

Customs and Border Protection. Immigration and Customs Enforcement. Since November 28, 2009, 10  ICE officials detailed to Saipan have identified aliens in violation of U.S.  immigration laws and have processed or detained aliens for removal  proceedings. U.S. Citizenship and Immigration Services. For calendar year 2009, USCIS processed 515  CNMI applications for permanent residency and 50 CNMI applications for  naturalization or citizenship, more than doubling the number of interviews  conducted for applications for residency or citizenship from calendar year  2008, according to data provided by USCIS officials. To facilitate implementation of  CNRA in the CNMI, DHS led meetings with the other departments charged  with implementing CNRA; reported to Congress on the budget and  personnel needed by the DHS components; and initiated outreach to the  CNMI government. However, DHS has not finalized an interdepartmental  agreement with other U.S. departments regarding implementation of  CNRA and has not specified changes in its resource requirements as  directed by Congress. U.S. Agencies’ Implementation of CNRA Programs for Workers, Visitors, and Investors Is Incomplete

		DHS Has Taken Steps to Create CNMI-Only Work Permit Program, but Program Is Not Yet Available

DHS issued an interim rule for the CNMI-only work permit program on  October 27, 2009, but a court injunction has prevented implementation of  the rule. On November 25, 2009, the federal District Court for the District of  Columbia issued an order prohibiting implementation of the interim rule,  stating that DHS must consider public comments before issuing a final  rule. nt  In developing the Guam-CNMI visa waiver program, DHS officials  consulted with representatives of the CNMI and Guam governments, both  of which sought the inclusion of China and Russia in the program. On October 21, 2009, the Secretary of Homeland Security announced to  Congress and the Governors of the CNMI and Guam the decision to parole  tourists from China and Russia into the CNMI on a case-by-case basis for a  maximum of 45 days, in recognition of their significant economic benefit  to the commonwealth. DHS plans to  issue a final rule for the program in November 2010. Proposed DHS Rule to Provide CNMI-Treaty Investor Status to Foreign Investors Is Not Yet Final

In September 2009, DHS proposed a rule to allow a large proportion of  CNMI foreign investor permit holders to obtain U.S. CNMI-only  nonimmigrant investor treaty status during the transition period. DHS Components Have Been Unable to Negotiate Solutions to Certain Operational Challenges with the CNMI Government

		Long-Term Occupancy Agreements for Airport Space

CBP and the CNMI government have not yet signed long-term occupancy  agreements that would allow CBP to reconfigure space that the CNMI  government has provided in CNMI airports. As a result, the agency is  operating in facilities that do not meet its standards for holding cells and  secondary inspections. To obtain needed detention space, ICE proposed to either amend the 2007  U.S. However, since November 2009, ICE has released 43  detainees into the CNMI community under orders of supervision, including  27 with prior criminal records. Direct Access to CNMI Immigration and Border Control Data

As of March 1, 2010, DHS components lacked direct access to CNMI  immigration and border control data contained in two CNMI databases,  the Labor Information Data System (LIDS) and the Border Management  System (BMS). DHS component officials have expressed  concerns about the reliance on a single CNMI point of contact. Concluding Remarks and Prior Recommendation

DHS components have taken a number of steps since November 28, 2009,  to ensure effective border control procedures in the CNMI. Additionally,  DHS and other agencies have taken steps to implement CNRA provisions  for workers, visitors, and investors, although the programs for workers  and investors are not yet available to eligible individuals in the CNMI. To enable DHS to carry out its statutory obligation to implement federal  border control and immigration in the CNMI, we recommended that the  Secretary of Homeland Security work with the heads of CBP, ICE, and USCIS  to establish strategic approaches and timeframes for concluding negotiations  with the CNMI government to resolve the operational challenges related to  access to CNMI airport space, detention facilities, and information about the  status of aliens. Appendix I: Key Provisions for Foreign Workers, Visitors, and Foreign Investors in Consolidated Natural Resources Act of 2008 and Other U.S. Immigration Provisions

	Exemptions from certain visa caps for nonimmigrant workers

Begins with transition period start date and ends December 31, 2014, under P.L. This is a work of the U.S. government and is not subject to copyright protection in the  United States.
Why GAO Did This Study

This testimony discusses our work on the status of efforts to establish federal border control in the Commonwealth of the Northern Mariana Islands (CNMI) and implement the Consolidated Natural Resources Act of 2008 (CNRA) with regard to foreign workers, visitors, and investors in the CNMI. In May 2008, the United States enacted CNRA, amending the U.S.-CNMI Covenant to establish federal control of CNMI immigration. CNRA contains several CNMI-specific provisions affecting foreign workers and investors during a transition period that began in November 2009 and ends in 2014. In addition, CNRA amends existing U.S. immigration law to establish a joint visa waiver program for the CNMI and Guam by replacing an existing visa waiver program for Guam visitors. During the transition period, the U.S. Secretary of Homeland Security, in consultation with the Secretaries of the Interior, Labor, and State and the U.S. Attorney General, has the responsibility to establish, administer, and enforce a transition program to regulate immigration in the CNMI. CNRA requires that we report on the implementation of federal immigration law in the CNMI. This testimony summarizes findings from our recent report regarding (1) steps that the Department of Homeland Security (DHS) has taken to establish federal border control in the CNMI; (2) actions that DHS has taken to implement programs for workers, visitors, and investors; and (3) unresolved operational challenges that DHS has encountered.

What GAO Found

DHS and its components have taken a number of steps to secure the border in the CNMI and to implement CNRA-required programs for foreign workers, visitors, and foreign investors. However, the components face certain operational challenges that they have been unable to resolve with the CNMI government. Steps taken to establish border control: DHS and its components have taken the following steps, among others, to establish federal border control in the CNMI. (1) Customs and Border Protection (CBP). Since November 2009, CBP has inspected arriving travelers in Saipan and Rota. (2) Immigration and Customs Enforcement (ICE). Also since November 2009, ICE has identified individuals who may be in violation of U.S. immigration laws and has begun processing some aliens for removal. (3) U.S. Citizenship and Immigration Services (USCIS). In March 2009, USCIS opened an application support center. For calendar year 2009, USCIS processed 515 CNMI applications for permanent residency and 50 CNMI applications for naturalization or citizenship. (4) DHS. DHS has taken several department-level actions to facilitate implementation of CNRA but has not finalized an interdepartmental agreement regarding implementation of CNRA and has not yet specified its resource requirements for this effort as directed by Congress. Actions taken to implement worker, visitor, and investor programs: DHS has begun to implement CNRA-required programs for foreign workers, visitors, and foreign investors but has not yet finalized key regulations. As a result, certain transition programs remain unavailable. (1) Foreign workers. On October 27, 2009, DHS issued an interim rule to implement a CNMI-only work permit program required by CNRA for foreign workers not otherwise admissible under federal law. However, a November 2009 U.S. District Court ruling, responding to an amended lawsuit by the CNMI government, prohibited implementation of the interim rule, stating that DHS must consider public comments before issuing a final rule. As a result, CNMI-only work permits are not currently available. (2) Visitors. DHS has established the Guam-CNMI visa waiver program. However, the program does not include China and Russia, two countries that provide significant economic benefit to the CNMI. (3) Foreign investors. DHS has proposed a rule to allow a large proportion of investors holding CNMI foreign investor permits to obtain U.S. CNMI-only nonimmigrant treaty investor status during the transition period. DHS plans to issue a final rule in July 2010; until then, the program is not available. Unresolved operational challenges: DHS components and the CNMI government have not yet negotiated solutions to operational challenges regarding access to CNMI airport space, detention facilities, and databases. (1) Airport space. Lacking long-term occupancy agreements and adequate space at CNMI airports, the agency is operating in facilities that do not meet its standards for holding cells and secondary inspections. (2) Detention facilities. Lacking an agreement with the CNMI government regarding detention space, ICE has released a number of aliens with criminal records into the community under orders of supervision and has paid to transport several detainees to Guam and Hawaii. (3) Databases. Lacking direct access to the CNMI's immigration and border control databases, ICE officials have instead directed data requests to a single CNMI point of contact, limiting their ability to quickly verify the status of aliens and potentially compromising the security of ongoing operations.