CNMI Immigration and Border Control Databases
Gao ID: GAO-10-345R February 16, 2010Under the terms of its 1976 Covenant with the United States, the Commonwealth of the Northern Mariana Islands (CNMI) administered its own immigration systems from 1978 to 2009. The 2008 Consolidated Natural Resources Act called for the establishment of a transition program, to phase in U.S. immigration law in the CNMI and to phase out the CNMI's current program for non-U.S. citizen (noncitizen) foreign workers; implementation of the transition program began on November 28, 2009. The act requires, among other things, that the CNMI government provide the Secretary of Homeland Security all Commonwealth immigration records, or other information that the Secretary deems necessary, to assist in the implementation of the transition program. The CNMI government has tracked the immigration status of foreign residents with two databases, the Labor and Immigration Identification and Documentation System and the Labor Information Data System. A third database, the Border Management System, tracks visitor arrivals and departures. We were asked to describe (1) the history and key attributes of the three databases and (2) the status of these databases during the transition to federal control of CNMI immigration. To address these objectives, GAO incorporated information from our prior work and continuing work and reviewed relevant documents from the CNMI government and from the U.S. Departments of Homeland Security (DHS) and the Interior (DOI).
The CNMI developed the Labor and Immigration Identification and Documentation System (LIIDS) as an administrative data system to track information on individuals who entered the CNMI for employment and other purposes. LIIDS contained biographical, employment, and arrival and scheduled departure data on all foreign workers in the CNMI. In 2007, the CNMI government revised its foreign worker program and the CNMI Department of Labor undertook an automation project to replace LIIDS with the Labor Information Data System (LIDS). In 2001, the CNMI government purchased and implemented the Border Management System (BMS), an automated arrivals and departures database containing data from passports, visas, alerts, and permissions (extensions of stay, changes of status, or other modifications of entry conditions) as applicable for all persons entering the CNMI. BMS data is collected primarily through passport readers when persons enter or exit the CNMI at the Commonwealth's airports and seaports. The LIDS and BMS databases have remained in the CNMI's control during the CNMI's transition to U.S. immigration law, and as of January 2010, the U.S. government's direct access to information in these databases had not yet been established. Since the United States assumed control of immigration and border security in the CNMI on November 28, 2009, the CNMI government has continued to maintain and update LIDS and BMS. CNMI Customs officers now collect information to update BMS with data on entries and departures from Commonwealth airports and seaports. Computers and passport readers, previously used by CNMI immigration, have been installed at airport customs inspection stations, and data from customs declaration forms are used to update the system. CNMI Customs officers also update BMS by gathering information from travelers during departure checks that take place prior to TSA security screening.
GAO-10-345R, CNMI Immigration and Border Control Databases
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GAO-10-345R:
United States Government Accountability Office:
Washington, DC 20548:
February 16, 2010:
The Honorable Jeff Bingaman:
Chairman:
Committee on Energy and Natural Resources:
United States Senate:
Subject: CNMI Immigration and Border Control Databases:
Dear Mr. Chairman:
Under the terms of its 1976 Covenant with the United States, the
Commonwealth of the Northern Mariana Islands (CNMI) administered its
own immigration systems from 1978 to 2009. The 2008 Consolidated
Natural Resources Act called for the establishment of a transition
program, to phase in U.S. immigration law[Footnote 1] in the CNMI and
to phase out the CNMI's current program for non-U.S. citizen
(noncitizen) foreign workers; implementation of the transition program
began on November 28, 2009.[Footnote 2] The act requires, among other
things, that the CNMI government provide the Secretary of Homeland
Security all Commonwealth immigration records, or other information
that the Secretary deems necessary, to assist in the implementation of
the transition program.
The CNMI government has tracked the immigration status of foreign
residents with two databases, the Labor and Immigration Identification
and Documentation System and the Labor Information Data System. A
third database, the Border Management System, tracks visitor arrivals
and departures. We were asked to describe:
(1)the history and key attributes of the three databases and:
(2)the status of these databases during the transition to federal
control of CNMI immigration.
To address these objectives, we incorporated information from our
prior work[Footnote 3] and continuing work[Footnote 4] and reviewed
relevant documents from the CNMI government and from the U.S.
Departments of Homeland Security (DHS) and the Interior (DOI).
History and Key Attributes of CNMI Immigration and Border Control
Databases:
Labor and Immigration Identification and Documentation System:
The CNMI developed the Labor and Immigration Identification and
Documentation System (LIIDS) as an administrative data system to track
information on individuals who entered the CNMI for employment and
other purposes.[Footnote 5] In 1995, DOI provided a $1.5 million grant
to the CNMI to establish an immigration and labor identification and
documentation system. In 2000, the CNMI government provided an
additional $377,221 to enhance the LIIDS system to include tracking of
all individuals entering and exiting the Commonwealth. In 2004, DOI
approved another grant for $355,000 to upgrade the LIIDS system
software and to purchase hardware.
LIIDS contained biographical, employment, and arrival and scheduled
departure data on all foreign workers in the CNMI. It also contained
information from applications, processing actions, employer reports,
temporary work authorizations, labor cases, agency cases, and court
cases. Following are some of LIIDS's key data input elements (see
enclosure I for a list of specific LIIDS data input elements and
definitions):
* personal information on workers (photograph, name, date of birth,
citizenship, gender, permanent address, and immigration
classification);
* information about employers (name, industry, and phone number);
* information about the jobs to be performed by workers for employers
(job description or occupation, wage type and amount, and address or
location);
* bond arrangements (company, number, and expiration date);
* fees paid (amount and receipt number); and:
* action taken on the applications.
LIIDS generated the following outputs:
* entry permit cards for individual workers that contain the worker's
photo, basic information, island, employer, occupation category,
immigration classification and application status, date printed, and
expiration date of the permit;
* transmittal reports indicating status of applications in the system;
* reports on individual workers for labor cases or law enforcement
background checks for individuals detained or arrested;
* reports on all workers employed by a single employer;
* standard statistical reports, such as reports on applications
submitted and permits issued; and:
* audit reports on system use.
Labor Information Data System:
In 2007, the CNMI government revised its foreign worker program and
the CNMI Department of Labor undertook an automation project to
replace LIIDS with the Labor Information Data System (LIDS).[Footnote
6] According to the CNMI's Department of Labor, the Governor funded
the acquisition of the new system. On February 1, 2008, LIDS was
brought online, and by July 2008, the system was further revised based
on staff suggestions. In 2009, two new modules were added to the
system, covering administrative hearings and enforcement, and the
system's main module for labor processing was further updated.
Officials from CNMI's Department of Labor also adapted the software to
process and issue 19,404 umbrella permits in 2009.[Footnote 7]
According to a representative of the department, LIDS differs from
LIIDS primarily in the way that information is gathered: LIDS uses
scanners to upload information from forms, while LIIDS required manual
input of information.
The CNMI Department of Labor's 2009 Annual Report to the Legislature
noted that some LIDS data on the number of permits issued per year may
be greater than the actual number of workers present in the
Commonwealth, because all administrative operations are counted as
"permit actions" and two or more actions may affect a single worker.
For example, if a worker's contract is amended and employment is
extended, two permit actions will be counted in the system. All
canceled permits are also counted as permit actions.
Border Management System:
In 2001, the CNMI government purchased and implemented the Border
Management System (BMS), an automated arrivals and departures database
containing data from passports, visas, alerts, and permissions
(extensions of stay, changes of status, or other modifications of
entry conditions) as applicable for all persons entering the CNMI. BMS
data is collected primarily through passport readers when persons
enter or exit the CNMI at the Commonwealth's airports and seaports.
The passport readers, in conjunction with the BMS Alert Module, use
biometric facial recognition to match passport photos with photo
alerts.
BMS contains the following key data input elements (see enclosure II
for a list of specific BMS data input elements and definitions):
* arrival and departure dates of all individuals transiting the CNMI;
* individuals authorized to extend their stay in the CNMI; and:
* CNMI and INTERPOL notices, compiled in an "alert list."
BMS outputs consist of individual status reports and "overstay"
reports of individuals who remain in the CNMI longer than authorized.
According to the CNMI's Department of Labor, the BMS system has since
been upgraded.
In 2007, the CNMI computer specialist we interviewed noted that some
BMS data on arrivals and departures may have been incomplete because
the system did not capture information prior to 2001. As a result,
statistics on the duration of visits to the CNMI, based on BMS data,
may likewise be incomplete.
See enclosure III for more detailed information about the history of
LIIDS, LIDS, and BMS.
Status of CNMI Immigration and Border Control Databases during
Transition to Federal Control:
The LIDS and BMS databases have remained in the CNMI's control during
the CNMI's transition to U.S. immigration law, and as of January 2010,
the U.S. government's direct access to information in these databases
had not yet been established.
On July 1, 2008, a senior DHS official sent a letter to the Governor
of the CNMI requesting a broad range of documents that included
information on the current CNMI system for recording and documenting
the entry, exit, work authorization, and authorized conditions of
individuals staying in the CNMI. DHS also requested any repositories
of fingerprints, photographs, or other biometric information included
in the system.
On August 19, 2008, the office of the Governor of the CNMI responded
to the letter by providing an overview of the BMS system, describing
the security of the system, the data input and output, and the
immigration system's history in the Commonwealth. The document notes
that BMS collects photographs through passport readers but states that
the CNMI does not maintain any repositories of fingerprints or other
biometric information to share with DHS.
On September 15, 2009, the CNMI government issued a draft protocol for
implementing U.S. immigration law that, among other things, proposes
to allow the U.S. government restricted access to information
contained in LIDS and BMS, for a fee and in exchange for comparable
information.[Footnote 8] Specifically, the CNMI protocol envisions the
following:
* DHS and the CNMI will engage in a two-way data exchange, with DHS
providing flight entry data and the CNMI providing information from
its immigration records (LIDS and BMS).
* The CNMI will provide access to CNMI immigration records that DHS
formally requests via an appropriate document and within a reasonable
time frame.
* The CNMI will consider privacy protections in making information
available to the U.S. government.
* The CNMI expects to recover the cost of generating and producing any
information requested by DHS.
As of January 2010, the U.S. government had no direct access to LIDS
and BMS and had no arrangements in place to obtain direct access,
according to U.S. officials.[Footnote 9] The CNMI government has
provided DHS access to the information stored in LIDS and BMS on a
case-by-case basis. CNMI has assigned one point of contact to respond
to all DHS data inquiries, such as inquiries for verification of an
individual's immigration status. Since the United States assumed
control of immigration and border security in the CNMI on November 28,
2009, the CNMI government has continued to maintain and update LIDS
and BMS. CNMI Customs officers now collect information to update BMS
with data on entries and departures from Commonwealth airports and
seaports. Computers and passport readers, previously used by CNMI
immigration, have been installed at airport customs inspection
stations, and data from customs declaration forms are used to update
the system. CNMI Customs officers also update BMS by gathering
information from travelers during departure checks that take place
prior to TSA security screening.
Agency Comments:
In accordance with GAO protocols, we notified DHS, DOI, and the CNMI
government of this study prior to its initiation. We also provided a
draft of this report to officials in DHS, DOI, and the CNMI government
for review and technical comment. We received technical comments from
DHS' Immigration and Customs Enforcement (ICE) and U.S. Citizenship
and Immigration Services (USCIS) and from the CNMI's Department of
Labor, which we incorporated as appropriate.
ICE stated in its technical comments that relying on one CNMI point of
contact to verify immigration status for individuals subject to
department investigations is insufficient and could compromise
security for ongoing operations. ICE noted that because DHS operates
24 hours per day, 7 days per week, the CNMI point of contact cannot be
responsive to all of the department's needs. ICE officials said that
it is imperative for the department to have direct access to the CNMI
data systems in order to perform the department's mission with maximum
efficiency.
USCIS suggested in its technical comments that pertinent CNMI
immigration information should be integrated into their existing
systems: the Computer Linked Application Information Management System
(CLAIMS 3 and 4)[Footnote 10] and the U.S. Visitor and Immigrant
Status Indicator Technology (US-VISIT).[Footnote 11] In the interim,
LIDS and BMS databases should be installed as stand-alone systems in
Honolulu, Guam, and Saipan for USCIS adjudications access. Staff from
USCIS's California Service Center should also have access to, and be
trained in the use of, LIDS and BMS.
The CNMI Department of Labor stated in its technical comments that in
2007 it retired LIIDS and replaced it with LIDS.[Footnote 12] The CNMI
Department of Labor referred us to their 2008 Annual Report for more
information on LIDS. We modified our report to incorporate this
additional information. The CNMI Department of Labor said in its
technical comments that the Commonwealth maintains exit data in BMS
because DHS does not have a digital exit control system that can
provide immediate information regarding visitors who have departed
from the Commonwealth. CBP officials confirmed that they conduct exit
control only for flights to Guam. CNMI officials also reported that
they quickly supply information on individual cases to U.S. officials.
A senior CNMI official stated that the Commonwealth's point of contact
is currently meeting all of DHS's requests. CNMI officials also stated
that if the point of contact is unable to respond to future DHS
inquiries in a timely manner, CNMI officials would be willing to
engage in additional discussions regarding more direct access to LIDS
and BMS.
Scope and Methodology:
We relied on information gathered for several prior GAO reviews of
CNMI immigration that included analyses of LIIDS and BMS data provided
by the CNMI government.[Footnote 13] In addition, we reviewed formal
letters between DHS and the CNMI government, the CNMI protocol for
implementing U.S. immigration law, and the CNMI Department of Labor's
2008 and 2009 Annual Report to the Legislature. Finally, in January
2010, we verified some of the ICE, USCIS, and the CNMI's technical
comments by meeting with U.S. and CNMI officials in Saipan and Rota.
We conducted our work from December 2009 through February 2010, in
accordance with all sections of GAO's Quality Assurance Framework that
are relevant to our objectives. The framework requires that we plan
and perform the engagement to obtain sufficient and appropriate
evidence to meet our stated objectives and to discuss any limitations
in our work. We believe that the information obtained, and the
analysis conducted during prior GAO reviews of immigration in the
CNMI, provide a reasonable basis for our findings.
We are sending copies of this report to Senator Bingaman and
interested congressional committees. In addition, the report will be
available at no charge on GAO's Web site at [hyperlink,
http://www.gao.gov]. If you or your staff have any questions, please
contact me on (202) 512-3149 or gootnickd@gao.gov. For a list of GAO
staff who made major contributions to this report, please see
enclosure IV.
Sincerely yours,
David Gootnick:
Director, International Affairs and Trade:
Enclosures - 4:
[End of section]
Enclosure I: LIIDS Data Input Elements:
Until 2007, LIIDS data input elements included information on basic
identification, employers' background, and labor records for each
foreign worker. The system also included a photograph of each
individual and tracked deficiencies and denials of applications.
According to the CNMI's Department of Labor, in 2007, the Governor
funded a complete replacement of LIIDS. The Labor Information Data
System (LIDS), the new system, uses different software and powers an
automated system. According to CNMI officials, the data input elements
listed below may not be the same as those included in LIDS. We
requested data input elements and definitions for LIDS. However, the
Department of Labor was not able to provide this information because
of insufficient staff resources.
Table 1 presents a list of specific data input elements and
definitions drawn from the LIIDS data collection manual.
Table 1: LIIDS Data Input Elements and Definitions:
Basic identification:
LIIDS no.
The identifying number provided to the person with authorization for
entry.
Names:
First, middle, and last name of the person being identified.
DOB:
The date of birth of the person being identified.
Citizenship:
The nationality shown on the passport of the person being identified.
Only nationals from certain countries enter the Commonwealth for
employment. These are identified in a drop-down menu.
Gender:
The gender of the person being identified.
Permanent address:
The address of the foreign national worker in his or her country of
citizenship.
Employer background:
Employer:
The name of the employer as shown on the employer's CNMI business
license.
DBA:
Any other name entered by the employer as "doing business as".
Phone:
Employer's primary phone contact.
Emp. prefix:
The standard industry classification in which the employer's business
falls.
Barred:
Whether the employer is barred from using foreign workers.
Date barred:
The date of the order from the Hearing Officer.
Comments:
Notes with respect to the order barring this employer. A bar may be
indefinite, permanent, or for a defined period of time. The comment
also typically identifies the case number and administrative order in
which the bar was entered.
Labor record:
Entry date:
The date on which Labor Processing officer put information into the
system about the application.
Application date:
The date on which the application was received by Labor Processing.
Application status:
The application for employment is a new application, a renewal, an
amendment, a consensual transfer, or an expiration transfer.
Receipt:
The number of the receipt that was issued when a fee was paid.
Industry [A]:
A standard list of industry categories, same as the "employer prefix".
Employer [A]: The name of the employer that submitted the application.
Occupation: The job classification within which the employee is
entitled to work while in the Commonwealth.
Fee: The amount of the fee that was paid.
Comment: Notes or comments by Labor Processing personnel.
Tel. no.: The local contact number for the foreign worker.
Local address: The local address for service of process and notices.
Entry date: The date on which the wage and bonding information is
entered.
Wage type: The way wages are paid: hourly, bi-weekly, monthly,
quarterly, semi-annually, annually, salary.
Wage rate: The rate paid for an hourly employee and the hourly
equivalent paid other employees.
Bond co.: The bonding company holding the bond securing employer
obligations for this employee.
Bond no.: The bond number issued with respect to this employee.
Bond exp: The expiration date of the bond.
Replacing: Indication of whether the employee is subject to the
moratorium and is a replacement for another foreign worker in the same
job classification.
LIA no.: The limited immunity program number, which is no longer used.
Exempt and CAP: Categories used for moratorium purposes.
Comments: Information with respect to wages, bonding, or moratorium
status.
Island: The place where the employee will be working: Saipan, Rota, or
Tinian.
Class: The immigration classification of the worker.
Approval date: The date of approval of the most recent permission.
Exp. date: The expiration date of the most recent permission.
Comments: Space for notes about island or class.
Source: Commonwealth of the Northern Mariana Islands, Data Collection
Manual: Labor Identification and Documentation System, 2007.
Note: According to a CNMI computer specialist whom we interviewed in
2007,[Footnote 14] some data on employment duration may be incomplete
because LIIDS did not capture data on foreign workers' employment
prior to 1995. As a result, statistics on foreign workers' full
employment history in the CNMI, based on LIIDS data, may likewise be
incomplete. According to CNMI officials, employment data exist as far
back as 1985 but software vendors no longer support its digital format.
[A] Some data reported by employers were inconsistent because LIIDS
lacked standardized data inputs for "industry" and "occupation"
categories. As of October 2007, such standardized categories had not
yet been established. However, CNMI officials noted that over the past
2 years, the following standard codes have been implemented: the North
American Industry Classification System, which identifies an
employer's industry, and the Occupational Information Network, a
system for classifying jobs.
[End of table]
[End of enclosure]
Enclosure II: BMS Data Input Elements:
BMS data input elements include information on basic identification,
movement (arrivals and departures), imagery (full image of passport),
and entry permission. According to the CNMI's Department of Labor, the
BMS system has been upgraded since we obtained these data input
elements. Table 2 presents a list of some specific data input elements
and definitions drawn from the BMS data collection manual.
Table 2: BMS Data Input Elements and Definitions:
Basic identification:
Document country:
The name of the country that issued the passport.
Document type:
Usually a passport; occasionally some other travel document.
Document number:
The passport number.
Surname:
The last name of the passport holder.
Given names:
The first and middle names of the passport holder.
Nationality:
The citizenship of the passport holder.
Birth date:
The passport holder's birth date.
Personal ID:
Some governments, such as China, have a national identity card system;
this field captures that information. This is not a required field,
and it does not contain U.S. social security numbers.
Sex:
Male or female as declared by the passport holder.
Birth place:
The birthplace of the passport holder.
Document issued:
The date the passport was issued.
Document expires:
The date the passport expires.
SystemID:
The number that uniquely identifies a record in each table. It is
sequentially allocated automatically by BMS and usually is not visible
to the user. It is used by the system administrator.
Link from:
Passport number used when the passport holder previously entered the
Commonwealth under a different passport (which has expired, been lost
and replaced, or indicates a new name due to marriage/divorce/name
change).
Movement:
Direction:
Arrival or departure. Default is arrival.
Movement date:
The date on which the person appeared before an immigration officer.
Border port:
The place where the person appeared before an immigration officer.
Entry permit type:
A list of entry permits within the CNMI system.
Purpose:
A list of entry objectives which include business, tourism,
employment, official, diplomatic, crew, military, transit, education,
relative, religious, migration, and alien retiree.
Stay number:
A number that indicates how long the person entering the Commonwealth
will be allowed to stay. It is prefilled for certain categories of
visitors (for example, tourists are allowed 30 days).
Stay unit:
The unit that matches the stay number: days, weeks, months, quarters,
years.
Stay until:
The date on which the entry permission expires. For example, although
tourists are generally allowed 30-day stays unless extended, charter
flights from China carry specific exit dates at the end of the tour
that usually do not include the full 30 days.
Reference:
A note field in which the immigration officer may identify the person
whom the entering person will visit or with whom he or she will work.
Flight/vessel:
The airline and flight number.
Permit number:
Tourists coming to the CNMI from some countries have a visa number
that is entered here. Foreign workers coming to the CNMI enter with an
Authorization For Entry (AFE) document that carries an identifying
number that is entered here. This is the same as the LIIDS number that
will be on the Entry Permit card issued to the worker after the health
certification is obtained.
Hotel/stay where:
The location where the entrant will stay. This is generally collected
for statistical information for the visitor program.
IdentityID:
A system generated number unique to the individual who is being
identified by this record.
UserID:
The user ID of the Immigration Officer who is making or verifying the
entry data from the BorderGuard passport reader.
Change date:
The date that information on this screen is updated/changed.
Imagery:
Type:
The type of document that has been imaged--usually a passport.
IdentityID:
A system-generated number unique to the person being identified.
UserID:
The user ID of the Immigration Officer that processed the passport at
arrival or departure.
Change date:
The date on which the passport was scanned.
Entry permission:
Permission type:
The person's current immigration status. It is the same as the entry
permit type.
Granted date:
The date on which the new permission was granted by an immigration
officer. This defaults to the current date.
Stay until:
The new date on which the permission will expire. Tourists or business
persons may be granted an additional 30 or 60 days. Foreign workers
will be granted one year upon renewal or transfer, and they must
register a new permission every year.
LIIDS number:
The identifying number on their permit for foreign workers who have
entry permits.
Receipt number:
The receipt number indicating payment of fees for extensions and
permissions.
SystemID, IdentityID, UserID:
The same information as listed on other screens described above.
Source: Commonwealth of the Northern Mariana Islands, Data Collection
Manual: Border Management System, 2007.
[End of table]
[End of enclosure]
Enclosure III: History of LIIDS, LIDS and BMS Development:
In 1995, the U.S. Department of the Interior (DOI) funded the CNMI
government's development of the Labor and Immigration Identification
and Documentation System (LIIDS) with an initial grant of $1.5
million. A prototype database, utilizing Microsoft Access 2.0, became
operational in July 1995 with capacity to store a year's worth of data
while a full system was developed. The prototype database collected
information about foreign workers (see enclosure I).
Beginning in May 1996, LIIDS was used to issue a small plastic
identification card, known as the entry permit card, to each foreign
worker who entered the CNMI. The card recorded the worker's basic
personal data and displayed the worker's photo but did not contain
historical information. In November 1998, LIIDS software was
completed, and by January 1999, the database was upgraded to Microsoft
Access 97. Added features included additional data security measures,
bar codes on entry permit cards, and new fields to record approval
dates and legal requirements. Flags were added to the system to show
barring of employers, deportation orders against foreign workers,
terminations for cause, and similar frequently used information. By
May 1999, hardware had been acquired and LIIDS came online with newly
acquired, installed, and networked terminals. The new system allowed
the database to provide a history of each foreign worker's employment
in the CNMI.
From 1999 to 2001, LIIDS was used for both labor and immigration
purposes. After 2001, following the CNMI government's purchase of the
Border Management System (BMS), LIIDS was used to track information on
individuals who have entered the CNMI for employment and other
purposes only. According to the CNMI Department of Labor, the CNMI
government purchased BMS from an Australian vendor that supplies
several countries with immigration data systems, usually under the
auspices of the Australian foreign aid program.
Since 2001, BMS has been used to track all persons entering and
departing the CNMI, including tourists, foreign workers, and U.S.
citizens. Following the federalization of CNMI immigration and border
control on November 28, 2009, the CNMI government continued to
maintain the BMS system, using CNMI Customs officers to gather
information from visitors at the Commonwealth's ports of entry.
In 2004, the CNMI government began to upgrade the LIIDS software as
well as some hardware used by the CNMI Department of Labor. The
software was designed and completed in 2005, with final testing in
2006. Although the file server and scanner hardware were acquired in
2005, delays in receiving 2007 grant funds from DOI led the CNMI
government to postpone procurement of personal computers and network
printers until fiscal year 2008.
In 2007, the CNMI Department of Labor undertook an automation project
to replace the LIIDS software. On February 1, 2008, the Labor
Information Data System (LIDS) was brought online and by July 2008,
the system was further revised based on staff suggestions, as
described in the CNMI Department of Labor's 2008 Annual Report. In
2009, two new modules were added to the system, covering
administrative hearings and enforcement, and the system's main module
for labor processing was further updated, as described in the CNMI
Department of Labor's 2009 Annual Report. According to CNMI officials,
LIDS constitutes a completely different automation system than the
original LIIDS and was funded by the Governor in 2007. In 2010, a
representative from the CNMI Department of Labor told us that the
major difference between the systems is the way information is
gathered; LIDS uses scanners to upload information from forms
automatically, while LIIDS required manual data input. The CNMI
Department of Labor was unable to provide more detailed information
due to insufficient staff resources.
[End of enclosure]
Enclosure IV: GAO Contact and Staff Acknowledgment:
GAO Contact:
David Gootnick (202) 512-3149 or gootnickd@gao.gov:
Staff Acknowledgments:
In addition to the person named above, Emil Friberg (Assistant
Director), Julia A. Roberts, R. Gifford Howland, Reid Lowe, Ashley
Alley, Mona Sehgal, and Ben Bolitzer made key contributions to this
report.
[End of enclosure]
Footnotes:
[1] Consolidated Natural Resources Act of 2008, Pub. L. No. 110-229,
Title VII, 122 Stat. 754, 853 (May 8, 2008) amends the U.S.-CNMI
Covenant to establish federal control of CNMI immigration and includes
several provisions affecting foreign workers and investors in the CNMI
during a transition program that ends in 2014. The Secretary of
Homeland Security decided to delay the start of the transition program
for 180 days, from June 1, 2009, to November 28, 2009, as allowed
under the law in consultation with the Secretaries of the Interior,
Labor, and State, the Attorney General, and the CNMI Governor.
[2] "Foreign workers" refers to workers in the CNMI who are not U.S.
citizens or lawful permanent U.S. residents. Other sources sometimes
call these workers "nonresident workers," "guest workers," "noncitizen
workers," "alien workers," or "nonimmigrant workers." In this report,
"foreign workers" does not refer to workers from the Freely Associated
States--the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau--who are permitted to work
in the United States, including the CNMI, under the Compacts of Free
Association (48 U.S.C. § 1901 note, 1921 note, and 1931 note).
[3] Prior related GAO reports include Commonwealth of the Northern
Mariana Islands: Managing Potential Economic Impact of Applying U.S.
Immigration Law Requires Coordinated Federal Decisions and Additional
Data, [hyperlink, http://www.gao.gov/products/GAO-08-791] (Washington,
D.C.: Aug. 4, 2008); Commonwealth of the Northern Mariana Islands:
Pending Legislation Would Apply U.S. Immigration Law to the CNMI with
a Transition Period, [hyperlink,
http://www.gao.gov/products/GAO-08-466] (Washington, D.C.: Mar. 28,
2008); and Northern Mariana Islands: Procedures for Processing Aliens
and Merchandise, [hyperlink,
http://www.gao.gov/products/GAO/GGD-00-97] (Washington, D.C.: May 26,
2000).
[4] The American Recovery and Reinvestment Act of 2009 (Pub. L. No.
111-5, Div.A, Title VIII, 123 Stat. 115, 186) requires that GAO report
annually on the impact of the minimum wage increases in American Samoa
and the CNMI, in 2010 and each year thereafter until the minimum wages
reach the U.S. minimum wage. The Consolidated Natural Resources Act of
2008 (Pub. L. No. 110-229, Title VII, 122 Stat. 754, 865) requires
that GAO report on implementation and economic impact of legislation
that extends U.S. immigration laws to the CNMI, no later than 2 years
after enactment of the act.
[5] LIIDS also contained information on students, foreign investors,
and relatives of foreign workers.
[6] In 2007, an attorney speaking on behalf of the CNMI's Secretary of
Labor told us that the CNMI government was in the process of upgrading
LIIDS.
[7] The CNMI Department of Labor issued umbrella permits to all
eligible foreign workers, students, investors, and relatives to
provide them with status to remain in the Commonwealth after the
federalization transition date, November 28, 2009, for a maximum of 2
years.
[8] Commonwealth of the Northern Mariana Islands, "The Commonwealth's
Protocol for Implementing P.L. 110-229," Sept. 15, 2009. The protocol
was posted as a public service notice on the CNMI Department of Labor
Web site [hyperlink, http://www.marianaslabor.net/pubntc.asp].
[9] According to several Federal Bureau of Investigation (FBI) agents
and a previous CNMI Attorney General, from 2005 to 2007, a liaison
from the CNMI Department of Labor worked within the FBI's Saipan
office with direct access to LIIDS and BMS to assist the FBI with all
ongoing investigations. In 2007, the liaison was released and no
replacement was assigned. In order to access the databases, FBI agents
must rely on the same CNMI individual as the rest of the U.S.
government.
[10] CLAIMS 3 and 4 provides automated support to process and track
applications and/or petitions for individuals who have filed and/or
paid fees for benefits under the Immigration and Nationality Act, as
amended.
[11] U.S.-VISIT is designed to collect, maintain, and share data on
selected foreign nationals entering and exiting the United States at
air, sea, and land ports of entry.
[12] The LIIDS database was archived and does not contain any current
information.
[13] [hyperlink, http://www.gao.gov/products/GAO-08-791],
[hyperlink, http://www.gao.gov/products/GAO-08-466],
[hyperlink, http://www.gao.gov/products/GAO/GGD-00-97].
[14] We conducted this interview in conjunction with our work in
preparing [hyperlink, http://www.gao.gov/products/GAO-08-791].
[End of section]
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