Chamber working on temp workers

The Point Roberts Chamber of Commerce will continue to push to have a policy allowing temporary and seasonal workers coming to the Point from Canada reinstated. The temporary worker visa program was discontinued in 2010.

While an initial response from state deputy attorney general Kristen Mitchell suggested this was purely a matter for federal elected representatives and border agencies, Bellingham immigration attorney Greg Boos said he has been in discussion with Mitchell and provided her with additional documentation.

When chamber president Brian Calder first asked the state attorney general’s office for help in February with getting the temporary visa program reinstated, he outlined why the program was critical for local businesses.

In her response, Mitchell acknowledged that “it is absolutely clear to us that changes at the federal level did not take into account special situations such as those in Point Roberts.” However, she said that “those changes are purely federal and states and state officials don’t have any ability to change those policies.” She added that she had shared the chamber’s concerns with Governor Jay Inslee and with federal elected officials, encouraging Calder to contact them himself.

Boos believes that case law exists which provides an argument the policy should not have been rescinded. “I am suggesting the state attorney general’s office file suit on behalf of the people of Point Roberts to have the federal government reinstate the program,” he said.

He points to a U.S. Supreme Court decision from 1974 regarding a policy affecting cross-border commuters. The court held that “longstanding administrative construction is entitled to great weight,” especially when Congress has revisited relevant statues since those administrative policies have been in place and left them untouched, which was the case for the Point Roberts temporary worker visa policy.

“Since it was a longstanding administrative construction, the Department of Homeland Security did not have to discontinue it. It was a legal program,” Boos said.

Congresswoman Suzan DelBene’s office said they were monitoring the situation. “The congresswoman will continue to support the Point Roberts community as it rebuilds from the pandemic and addresses its workforce shortage ahead of the critical summer season,” said communications director Nick Martin.