12 2 STA T .86 6 PUBLIC LA W 11 0– 22 9—M A Y 8 , 2008 person ne la n d reso u r c es necessar yf or fulf i llin gm ission re q uire - men t son G uam and t h e C ommon w ealth in a manner com- para b letothele v el provided at other similar ports of entry in the U nited S tates .I n fulfilling this reporting requirement , the Secretary shall consider and anticipate the increased requirements due to the proposed realignment of military forces on Guam and in the Commonwealth and growth in the tourism sector. ( i )REQUIR E DACT I ONSP RIOR TO T R A NSITION PRO G RA MEF FEC- TI V E D ATE. — During the period beginning on the date of enactment of this Act and ending on the transition program effective date described in section 6 of Public L aw 94–2 4 1 (as added by subsection (a)), the Government of the Commonwealth shall— (1) not permit an increase in the total number of alien wor k ers who are present in the Commonwealth as of the date of enactment of this Act
and (2) administer its nonrefoulement protection program— (A) according to the terms and procedures set forth in the M emorandum of Agreement entered into between the Commonwealth of the N orthern Mariana Islands and the United States Department of Interior, O ffice of Insular Affairs, e x ecuted on September 12, 2 0 0 3 (which terms and procedures, including but not limited to funding by the Secretary of the Interior and performance by the Secretary of H omeland Security of the duties of ‘ ‘Protection Consult- ant ’ ’ to the Commonwealth, shall have effect on and after the date of enactment of this Act), as well as CNMI Public Law 13–61 and the Immigration Regulations Establishing a Procedural Mechanism for Persons Requesting Protection from Refoulement; and ( B ) so as not to remove or otherwise effect the involun- tary return of any alien whom the Protection Consultant has determined to be eligible for protection from persecu- tion or torture. ( j ) CONFORMING AMENDMENTS TO T H E IMMIGRATION AND NATIONA L IT Y ACT.—The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended— (1) in section 101(a)(1 5 )(D)(ii), by inserting ‘‘or the Commonwealth of the Northern Mariana Islands’’ after ‘‘Guam’’ each time such term appears; (2) in section 101(a)(36), by striking ‘‘and the V irgin Islands of the United States’’ and inserting ‘‘the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands’’; (3) in section 101(a)(38), by striking ‘‘and the Virgin Islands of the United States’’ and inserting ‘‘the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands’’; (4) in section 208, by adding at the end the following
‘‘(e) COMMON W EALTH OF THE NORTHERN MARIANA ISLANDS.— The provisions of this section and section 209(b) shall apply to persons physically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international or United States waters) only on or after J anuary 1, 2014.’’; and Ap p licab ili ty.8USC1 1 5 8. 8USC11 0 1. 4 8 USC 180 6no t e .
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