Unheard No More!

Announcement: DHS and USCIS Forum by invitation

2009-11-29T12:05:00.004+10:00

November 28, 2009

In an effort to get answers to important questions concerning the Regulations for the CNMI Transitional Worker Program and U.S. Immigration law, the  United Workers Movement-NMI is sponsoring a forum for leaders from different religious, worker and ethnic groups.   DHS and USCIS officials will give an overview of immigration law, the immigrant and nonimmigrant categories, and the new transitional rules. They will answer questions and provide information for an orderly transition from the CNMI permit system to the U.S. federal immigration system under the Immigration and Nationality Act (INA).  

This forum will be held at Fiesta Filipino by Juvy Restaurant, Susupe across from the Saipan Grand Hotel on Wednesday December 2, 2009 from 6:00 p.m. to 8:00 p.m.   If you and your group is interested in joining the forum please call 285- 3306, 287-0191 or 285-9255 for more information and to reserve a seat. 

Fall Florida Garden

2009-11-28T07:42:00.010+10:00

November 28, 2009

Photos by Wendy L. Doromal and Nani J. L. Doromal @2009

Enjoy the peacefulness of our garden while I take a break from the blog to celebrate my granddaughter, Lexi's birthday, November 28th, Federalization Day!

The photos are from our gardens except for the duck and ducklings that live at the private lake in our development. . .

CNMI Federalization Day!

2009-11-27T21:55:00.014+10:00

November 27, 2009

At 12:01 a.m. November 28, 2009 Saipan time, PL 110-229 will take effect in the U.S. Commonwealth of the Northern Mariana Islands. The CNMI and American Samoa are the last U.S. territories to control their own borders.

To mark this historic occasion some dignitaries and others will be at the Saipan airport to greet the first plane of arrivals to be processed by U.S. Customs and Border Patrol officials.

The passage of PL 110-229, the Consolidated Natural Resources Act represents more than the application of U.S. immigration law to the CNMI. It represents the acknowledgment of the United States Congress that labor and human rights abuses in the CNMI must end.

The Senate Report issued in May 2008 summarized the purpose of the legislation:

The purpose of H.R. 3079 is to extend U.S. immigration laws to the Commonwealth of the Northern Mariana Islands (CNMI) as provided by Section 503 of the Covenant, but with special provisions to ease the transition to Federal law and respond to the CNMI's special circumstances. These special provisions include: establishing an extendable five-year transition period and guest worker program; waiving the numerical limitation on nonimmigrant worker visas under the Immigration and Naturalization Act (INA) for workers entering the CNMI; granting nonimmigrant status to certain alien investors so that they may remain in the CNMI; establishing a visa waiver program to facilitate travel to the CNMI by tourists and other visitors; requiring a report on the future status of certain long-term CNMI guest workers; and authorizing technical assistance to identify opportunities to diversify and grow the CNMI economy, and to recruit, train, and hire U.S. citizens and other legal permanent resident workers.

The reports continues:

U.S. officials believed that the period of local immigration control would last only a few years, instead it has continued for over thirty years. Instead of using local immigration control to reduce the impact of immigrants on the community, the CNMI promoted the use of alien workers throughout the private sector. In 1986, the Reagan Administration wrote to the Governor of the CNMI that, `the tremendous growth in alien labor [is] . . . extremely disturbing,' and warned, `the uncontrolled influx of alien workers . . . can only result in increased social and cultural problems.' The letter concluded, `Without timely and effective action to reverse the current situation, I must consider proposing Congressional enactment of U.S. Immigration and Naturalization Service requirements for the NMI.'

Nevertheless, the CNMI continued to promote the extensive use of imported labor which has caused several trends of continuing and growing concern to U.S. officials.

... there has been a persistent pattern of exploitation and mistreatment of aliens. Congress first responded to reports of worker abuse in 1994 by establishing the Joint Federal-CNMI Initiative on Labor, Immigration, and Law Enforcement. Under this Initiative, the U.S. Department of the Interior investigated and reported on the pattern of abuses including cheating on wages, unsafe working conditions, recruitment scams, and even coerced prostitution and abortion. However, the CNMI withdrew from the joint reform effort in 1997. There has been progress in addressing these problems through the Federal Government's unilateral establishment of a Labor Ombudsman as a part of the Initiative in 1999. The Ombudsman investigates complaints and advocates on behalf of workers. In 2006, the Labor Ombudsman reported to Congress, `there are still a number of serious problems yet to be effectively addressed by local government officials: ensuring health and safety of alien workers, inadequate prevention efforts to curb abuses, delay in investigating and adjudicating worker complaints, . . . difficulty in rooting out corruption. . . . unwillingness to prosecute repeat offenders.' Testimony at the Committee's 2007 oversight hearing confirmed that these patterns persist.

For me, this day represents over two decades of advocacy on behalf of the CNMI's foreign contract workers in an effort to bring their concerns 9,000 miles to Washington, DC in a long fight for social justice and reform. Putting a face on issues and telling the stories of the guest workers, nonresidents and their families in letters, testimony, reports and visits to officials has pushed us closer to the goal of an end to abuses and the establishment of lasting reform. But the struggle for reform continues.

Those of us who regard guest workers as valuable community members rather than as replaceable commodities know that no guest worker program is just and democratic unless it contains an unobstructed pathway to citizenship.

A message for the guest workers and nonresidents:

I was touched the other day when I read my daughter, Nani's college scholarship application and she spoke of the plight of the CNMI guest workers and how her visit to the CNMI in 2008 impacted her way of thinking. She was profoundly moved by the U.S. citizen children of the nonresidents and the uncertainty that they face each day. She wrote that she was born on Saipan, and like many of the children in the CNMI, she is the daughter of a former foreign contract worker. Unlike the U.S. citizen children in CNMI who have nonresident parents, our daughter does not have to worry about her family being separated and live with that painful uncertainty every day. No child should have to carry that burden and it is my goal to ensure that the parents of every U.S. citizen child are given permanent status.

As I said to you before, it takes a significant amount of faith to continue on a path when you cannot see what is around the corner. The fact that so many of you have scarified to stay on that path and remain in the CNMI is a testament to your faith. It demonstrates your love for the Northern Marianas, which has become your home. Your steadfastness sends a message to the U.S. government as an appeal for status. Your continuing struggle to remain in the CNMI supports your belief that the path ultimately will lead to U.S. citizenship.

When the governor and those wishing to maintain the broken labor system successfully had the grandfathering provision removed from the federal legislation it changed the original intent of the law and placed a huge burden on those nonresidents who have worked and lived in the CNMI for years. By May 2010, the U.S. Departments of Interior and Homeland Security in consultation with the governor of the CNMI will be required to make a recommendation to the U.S. Congress concerning the status of the foreign workers.

You must not wait for someone else to determine your future. The great American civil and labor rights activist, Cesar Chavez said, "From the depth of need and despair, people can work together, can organize themselves to solve their own problems and fill their own needs with dignity and strength." When you joined the unity march, your voices were heard in Washington, DC. When you signed petitions, your words reached the desks of many U.S. officials. When you wrote letters to federal officials, you put a face on issues that officials who are thousands of miles from the CNMI may not have otherwise understood. Take action now to tell federal officials about your individual situations and your significant contributions to the CNMI community. Ask them directly to support green cards for all of the foreign contract workers and nonresidents who are in the CNMI. Take action now to ensure that your resident friends and relatives cast votes for people who truly have your best interests at heart.

Those who support a just and democratic guest worker program in the CNMI and in the mainland, support opportunities where foreign workers and immigrants have control over their destiny and the destiny of their families. They embrace the words of President Barack Obama: "In America, no dream is beyond your grasp if you reach for it, and fight for it, and work for it." Speak out and stand firm for social justice and for political rights for yourselves and your children. I will be at your side as your make the final stretch of your journey to gain political and social rights for all guest workers and nonresidents who live and work in the CNMI.

I invite everyone to mark this day by signing the petition that calls for permanent U.S. status for the nonresidents who call the CNMI their home. You can sign the hard copy that is circulating Saipan or you can sign on-line at the Petition web site.

Thank you to the people who have already signed. Here are some of the many comments left on the petition that has been signed by over 1, 440 people:

I'm only hoping that this would pass through, that the very people who have resided in these fine islands after leaving their original homes, that those who have worked here for a good decade or two, that those who have raised their children here would finally gain the status they so deserve. It's the least the government can give to people who have abided to the laws for the most part and have worked hard to benefit society (i.e. construction of new edifices and much more). I am a college-bound student full of ambitions and as much as possible, I would like to take my parents and my sister with me to experience a transition in my life on full. Moreover, I want them to live happily under more opportunities (voting and working on certain jobs in Saipan). If the non-residents in the Virgin Islands back in the 1980s can do it, why can't we? Give the non-residents of the NMI a chance, please.
_______________________

I was born on Saipan and have lived no where else since. My parents are both contract workers who have been here for about 20 years. Many non-resident workers have greatly contributed to the island's development in one way or another and I know they would want to continue to contribute without fear of being deported due to non-renewal of contract.
_______________________

It's great opportunity to sign a petition to the U.S president, Congress and others Federal agencies to create our improved immigration status. I am an alien worker, over 13 years struggle in here with addict dignity by local administration. Just came here to earn money not to involving collusive which against humanism and the administration were incorrigible what they done successfully. Now aliens are moving their own destination forever when stabilize the economy to deficiency without legal adjustment. It's a shameful pronouncement in the world base in CNMI which applied to be local immigration system convert to U.S immigration system without reinstate the removal guest worker grandfathering provision in transitional program. I wish the establishes U.S laws carry on within their right fellow constitution to give back aliens grandfathering provision with the recommended judgements or pathway to citizen/green cards. I deserved your immediate delivered justice for all aliens. Thanks for your kind consideration.
_____________________

President Obama, U.S. Congress, Secretaries of Interior, Labor and DHS. Please help my parents to stay and have a residency status to care of me and support my needs. I was born here in Saipan and attending school ever since. Saipan is my home. Please help all parents who are not US citizens in the CNMI that have US citizen children to have a permanent residency. We need our parents to stay and support our needs.
____________________

I would say I found peace of mind in this Island, and dreaming that my two yr old daughter would grow up here and get stable.. If we would be granted permanent visa, It would be one of the most fulfilling achievements of most foreign workers/ non-residents parents here in CNMI. Not only we can continue raising, planning and giving our families a better future but also, help our CNMI community grow and build up for more developing and improving economy for the betterment and advancement of the Island as well as the US soil. In behalf of the foreign workers/ non resident parents and US citizens children of CNMI, this is to appeal to President Obama, U.S. Congress, Secretaries of Interior, Labor and DHS in considering and granting such request for a beter and brighter future of our children...
____________________

I have a son U.S. Citizen born in Saipan Northern Marianas, an active Student in Marianas High Shool dreaming to become a U.S. MILITARY to SERVE, but I'm sad because my wife and me are both Non-resident Workers and when the Federalization implemented on November 28, 2009, we are affected in our Immigration Status and my employer notified me that he cannot able to renew my employment due of his company reduction force, for this I need to continue my son's dream rather to bring him in the Philippines for this reason we are both almost 2 DECADES in the CNMI, my wife and me need to improve our status at least to receive a Green Card.
____________________

I came Saipan in 1992. I was 21 and single. Now I am married and mother of 2 beautiful kids. One of my child(eldest) is studying here in PSS. They are the citizen of United States of America. I do believe they have equal right as rest of the American have. If I am forced to leave to my country after spending my 17 yrs. What will happen to American kids, their future. It's not only me, there are thousand others on the same situation. Local government did not understand our contribution and sacrifice. Did not think about the kids born here. In coming future our kids might be the President of United States of America. But with the present regulation prepared they are being chased away from their country. Your intervention can prevent this injustice. As a contract worker parents also we are valuable contributer for the Community of Northern Marianas Island. Please do not treat us like a commodities, Use & Throw. Help our children by helping us by giving pathway to Citizen of USA. So, we can nourish and built the future of American Children.I have already lived my life now I am concerned about your citizen who is my children too.
____________________

Please mr. president grant the petition of the alien workers here in saipan most of them were here many years ago, they almost spent their lives here in saipan, some were married to us citizens,others are not but they have us citizen children who deserve to have good future and still need the guidance of their parents, what will happen to them if their parents can't get the improve status they're asking? please have mercy to all the contract workers and their children, they're in danger of seperating from each other , please don't allow this to happen........FAMILY IS THE BASIC UNIT OF THE SOCIETY.
___________________

I am a U.S citizen and i am supporting the people that have lived here on saipan for more than ten years, i petiton to help them with their green card. Especially families who have kids born here. I cant imagine a parent leaving thier kids on this island because of this. Thank you.
___________________
I am a U.S citizen however im signing in to help support the Nonresidents of the U.S. Commonwealth because i believe that everyone should feel at home where ever they are!And plus im here to help my mother because unfortunately, she is an I.R and also a resident for the past 23 years here on the island of Saipan. So please help them grant their petition because i dont want my mom to go and leave us here alone...PLEASE!!!!
____________________

My house keeper, Carmen has worked for me for over 28 years. She and her husband have had 3 children here in the Northern Mariana Islands. 2 of those children are now in the military both on active duty in Afghanistan.
___________________

i've been here in marianas for 20 years now, working legally, married with 2 childred, age 16 and 10, both U.S. citizen. i'm an active member and officer of Parent Teachers Association here in Rota and living here as our second home.Please grant us a status that we will not be separated with our kids who are one of yours. I have faith in GOD that all things worked together for good for those who love HIM. Thank you.
_____________________

As a Coloradoan living now in the CNMI, I urge my fellow Coloradoan and Honorable Secretary of the Interior, Ken Salazar, and all other officials with decision making power in the matter, to strongly, forthrightly and humanely consider the unique reality of the plight and the right of the many honest long-term resident workers who are seeking improved immigration status in the CNMI and with the United States Federal government. I have firsthand knowledge of the atrocities and indignities committed against many loyal, productive, legally entering workers in the Marianas who have, nevertheless, persevered against draconian ad hoc and punitive policies designed to exploit them. I have befriended some, spoken up often in their behalves, and believe without question in their earned right to remain to pursue the "American dream" they were promised and have so far been blocked from attaining. I quote from the entry of another worker who has already signed this petition: Please understand that we are not and never were "illegal" aliens. Every person who has lived in the Marianas was an invited worker who entered entirely legally. Many of us were extorted and lied to and tricked into coming to "America" only to find out we'd be locked inside factory compounds with no way out and very low wages. We could not go home. We have survived. A few have thrived but not many. Many of us have no "home" to return to, since we have been in the CNMI for so long. Others are in fear for their lives, even sometimes from families in our native countries who might harm us for disappointing them by not becoming "rich in America." Please understand that the word "illegal" is used on us because the CNMI government changed our status while we were already legally here. We are hard working people who have built the economy in the CNMI. We are not "alien" by choice. We want the chance to excel in America, just as we were promised at the beginning only to be later disappointed and abused, threatened, raped, extorted and ignored or punished when we complained or asked for help. Please help. Thank you.
_____________________

My father-in-law has been employed here full time since 1978. My mother-in-law since the 80s. They have children who are US citizens and grandchildren who are US citizens. They have lived here for over 30 years and raised their families here. They have paid their taxes and their dues. They came here as very young adults, and are now middle age. This is their home as they really know no other. As an American, I would consider it a complete injustice to not grant green cards, or some reasonable, timely and affordable path to citizenship for individuals such as these.
_____________________

I came here at Saipan in 1996 to be with my parents and two siblings who were born here. Because of my family living here (since 1978), I chose to stay and work. For me, Saipan is the best place because I am with my family. Now I have family of my own, blessed with two children who were also born here. I want to prepare them become the best individuals so their country can be proud of them, for them to become heads...not tails. It is us, their parents who can train them best and guide them to reach their dreams. The US government can give their best support to these US citizen children to become responsible citizens by giving their guest worker parents a more permanent status. God bless America!

I wish I could be in the CNMI today to be with the guest workers, nonresidents and their supporters as they mark this transition. I can only say I am there in spirit and I renew my promise to continue to work for status for the guest workers and nonresidents.

Eid Al-Adha Greetings

2009-11-27T20:13:00.002+10:00

November 27, 2009

The United Workers Movement-NMI joins me in wishing all of our Muslim friends in the CNMI and around the world a blessed Eid Al-Adha!

DOL OPEN UNTIL 12:00 a.m.

2009-11-27T19:41:00.006+10:00

November 27, 2009

The lines at the DOL were extremely long today according to observers who contacted me by phone and e-mail. Bobbie Sablan informed Rabby Syed that DOL is staying open until midnight to issue permits.

Problems with the processing still continue. Foreign workers reported that the department still does not have ink to print their permits.

There are still some people, predominantly IRs, who have not had their umbrella permits processed according to sources. They were told that they would be given a temporary permit and they will get the permanent permit next week.

Guest worker leaders, Rabby Syed and Ronnie Doca assisted people with problems by helping them get to the ombudsman office. The ombudsman office continued to assist overstayers today. Over 600 overstayers were processed.

I am not sure what special concessions, if any, were made for those with problems getting umbrella permits on Tinian and Rota.

Some Thoughts on the Court Opinions

2009-11-26T21:21:00.004+10:00

November 26, 2009

I think the decision of Judge Friedman was predictable concerning the dismissal of Counts I and II. I always believed that the case would be dismissed, and felt that it was an extreme waste of money and resources. Yet, the governor leaves open the option of appealing the case. The litigation costs for the case have still not been revealed.

Rep. Tina Sablan has pressed the governor to release the remaining documents related to the lawsuit that were not released in her Open Government Act request. From the Saipan Tribune:

Sablan said the contract, engagement letter and/or fee agreement, along with change orders, between the CNMI government and its Washington, D.C.-based law firm, Jenner & Block LLC, are among the 14 specific sets of documents that she and the committee have asked from the OAG.

“There are probably a lot more than what was has been spent since the contract was signed early last year,” Sablan told Saipan Tribune.

Jenner & Block LLP billed the CNMI $395,971.81 between Aug. 26, 2008 and Feb. 27, 2009.

But Sablan said the released billing invoices of close to $400,000 covers only six months, and does not include the prior months when the contract was signed and the months after February this year.

It's about time that the remaining documents were released. Tina's persistence will expose the truth about the expenses and any related contracts.

The question being asked now is how will the decision in Count III of Judge Friedman's order impact the guest workers and the employers of the CNMI? The ruling in Count III also wasn't especially surprising since DHS, by their own admission, was late in releasing the interim transitional guest worker program rules, thus not allowing for the entire comment period. I assumed when the judge did not include Count III in the dismissal that this issue would be considered in the CNMI's favor.

The defendants never fully explained what they actually were doing for eighteen months. Were the rules delayed because the administration changed and personnel were coming and going as some in DC explained? Were they trying to research the issue from economic, political and legal angles to ensure fair regulations? Or did they just drop the ball? Perhaps if they had included some experts familiar with the CNMI, the systems and its problems, and the impact of the guest workers on the economy in the drafting process things would have progressed more quickly.

Not being an attorney, I do not understand the legal implications of this ruling. Does it mean that U.S. immigration and guest worker regulations will apply to the CNMI until the new regulations go into effect? Does it mean that the broken CNMI DOL will continue until new rules are published? Does it mean that the DHS must go back and allow for the full comment period? Will that period start retroactively when the rules were introduced or will DHS have to rewrite the regulations and republish them with the clock starting from the new publication date? I imagine the Court will proceed with this matter quickly.

The focus on the rules may allow time for a second look that could result in better regulations for both the foreign contract workers and the employers. Foreign workers who must travel for personal or medical reasons should have a visa in hand before they exit the CNMI. They need to know that they can return to their jobs and families without the added worry and expense.

Of course, considering that Fitial was pushing to have the grandfathering provision removed from the original bill, he cannot now, or ever, legitimately complain that the workforce will be reduced. It was really his decision. He can decide now or any time to recommend giving the guest workers who are longtime contributing community members status and solve the problem.

I fought for federalization because I believe it would help to stop labor abuses and the systematic cheating of the foreign contract workers which has flourished under the local system for decades. I hope that the federal government will invest the manpower and money needed to ensure that the temporary guest worker program doesn't just mimic the current broken system and is a just and democratic program that is worthy of the dedicated and foreign contract workers who consider the CNMI their home. Every just and democratic guest worker program should have an unobstructed pathway to citizenship. Please sign the petition!

BREAKING NEWS: OPINIONS AND ORDER ISSUED IN FEDERAL CASE

2009-11-26T10:49:00.007+10:00

November 25, 2009

Two opinions and an order were issued late today from the U.S. District Court of the District of Columbia by Judge Paul L. Friedman in regards to the anti-federalization lawsuit.

The first Opinion affirms the right of the U.S. Congress to apply immigration law to the CNMI through the CNRA and dismisses Count I and Count II of Fitial's lawsuit.

Count One claimed that the CNRA violated the Sections 103 and 105 of the Covenant, and Count Two claimed that federalization exceeded Congress' Article 1 powers to enact legislation relating to the Commonwealth.

The opinion states:

"...Congress was authorized to enact the challenged provisions of the CNRA by the plain and unambiguous terms of Section 503 of the Covenant. As an alternative, using the Ninth Circuit’s balancing test in Richards, the Court concludes that the challenged provisions of the CNRA comply with the mutual consent provision of Section 105 and the “self-government” guarantee of Section 103. As a result, the Court has granted the defendants’ motion to dismiss Counts I and II of the amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim. The Court has also denied as moot the CNMI’s first motion for a preliminary injunction, the one relating to Counts I and II.

The judge concludes that the Covenant does indeed allow the U.S. government to apply federal immigration law to the CNMI. From the opinion:

Section 503 of the Covenant plainly states that Congress may, after the expiration of the trusteeship agreement, apply the “immigration and naturalization laws of the United States” to the “Northern Mariana Islands . . . in the manner and to the extent” it chooses. Covenant § 503. The Court reads that language as an affirmative grant of authority to the United States to apply federal immigration laws to the CNMI, and to do so in any “manner” and to any “extent” it sees fit — that is, not withstanding any limits imposed by Sections 103 and 105.10 Section 503 by its terms is an express reservation of Congress’ right to apply federal immigration and naturalization laws to the CNMI, through appropriate legislation — provided it does so only after the expiration of the Trusteeship Agreement. The Trusteeship Agreement expired on November 3, 1986. Compl. ¶ 38.

Thus, the Court concludes that under the express and unambiguous language of Section 503 of the Covenant, Congress was free after November 3, 1986, to apply the immigration and naturalization laws of the United States to the CNMI. As a result, the CNRA is a legitimate exercise of federal congressional authority so long as its challenged provisions among “the immigration and naturalization laws of the United States.”

Judge Friedman said that the plaintiff's argument "that the CNRA cannot be viewed as an "immigration law" is unpersuasive." He continued:

Second, plaintiff is just plain wrong when it asserts that nothing in federal
immigration and naturalization law permits an “employer-by-employer, worker-by-worker local labor permitting scheme.”... As defendants point out with ample support... precisely such schemes are at the heart of federal immigration law.

...Finally, and for similar reasons, the fact that the application of federal immigration laws to the CNMI through the CNRA may have a dramatic impact upon the CNMI’s labor force does not convert an immigration law into a labor law. It has long been recognized that immigration laws necessarily have a significant impact on labor markets and practices.

The judge stated, "There is thus no question that the relevant portions of the CNRA are immigration laws explicitly authorized by the Covenant."

He also stated, "Just as the CNMI bargained for the provisions reserving to it the right of local self-government, so too did the United States bargain for the provisions granting it ultimate sovereignty."

Opinion II grants a preliminary injunction for the transitional guest worker regulations citing the fact that DHS did not follow the Administrative Procedure Act which requires an agency to allow a comment period prior to issuing regulations.

The judge stated:

After considering the relevant filings, the oral arguments presented by counsel for the parties on November 23, 2009, and the entire record in this case, the Court finds that the CNMI has established its entitlement to a preliminary injunction. As a result, the Court will grant the Commonwealth’s motion and enjoin, at least temporarily, the implementation of the regulations.

From the opinion:

Although the notice of the interim rule published in the Federal Register invites comments about the regulations and promises that they will be considered during the formulation of a final rule, DHS acknowledged in the same notice that the interim rule will become effective in its current form on November 27, 2009, — meaning that the interim rule will take effect without being revised to account for any comments made by members of the public after the rule’s publication on October 27.

The Court stated:

In light of these considerations, the Court thinks it likely that the CNMI will
succeed on its claim that defendants violated the APA by forgoing the required notice-and comment procedures without good cause. Of course, this is not a final determination; it may be that, with more time to gather evidence and to prepare briefs and affidavits, the defendants will be able to make a more persuasive argument that notice-and-comment procedures were impracticable. But at this juncture, the CNMI has demonstrated a substantial likelihood of success on the merits of its APA claim.

The judge further stated, "By failing to meet even the minimum standards set by the APA, DHS has also failed to comply fully with Congress’ intent to secure the meaningful involvement of the Commonwealth in the transformation of the CNMI’s immigration program."

Hopefully, the comments submitted to date, primarily from the guest workers should now be considered by DHS. Many relate to travel restrictions and the requirement for a visa for a foreign worker to return to the CNMI after traveling for personal or medical reasons.

Judge Friedman's Order.

This is very hastily posted and there is a lot more that could be written. I wanted to get this information out. Legal opinions welcomed!

Unanswered Questions About Saipan Gunman and Shooting

2009-11-25T09:19:00.006+10:00

November 24, 2009

The gunman in Saipan’s mass murder, Zhongren Li was a former garment worker at Rifu Apparel and Kyung Seung Spn., Inc. before he was hired as a marketing representative for the Kannat Tabla Shooting Range. That explains why guest workers reported that they had previously seen him handing out flyers and business cards in the Garapan tourist district.

The Marianas Variety reports that Li had a labor case against his employer, Augustin C. Deleon Guerrero who owned the shooting range that closed in April 2009.

From the Variety:

Asked for comment, Sgt. Sylvan Rangamar, DPS Criminal Investigation Division’s officer in charge, and Detective Peter Aldan, the case agent, declined to discuss their ongoing investigation.

DPS “is handling a very sensitive case that involves a very serious crime,” Aldan told the Variety.

Authorities have yet to explain how Li, a former garment worker, became the shooting range’s “marketing representative.”

It was also learned that Li had asked the government to allow the shooting range to use more powerful rifles.

DPS said the Kannat Tabla Shooting Range was closed earlier this year but could not explain how Li still managed to take custody of at least four rifles.

Li fatally shot four local residents, including two children, who were at a house near the shooting range before driving to Marpi where he opened fire at a group of Korean tourists, wounding eight.

He then shot himself at Banzai Cliff.

The Pacific Daily News reported that the Bureau of Tobacco Firearms and Tobacco is working with the CNMI DPS investigating how the gunman got possession of the weapons.

The article states that the weapons from the shooting range should have been secured after the business closed. It is not clear if the weapons came from another source or from the range as the serial numbers on the weapons are still being traced.

Li had multiple weapons and 750 rounds of ammunition in the van that was registered to the former owner of the range. The gunman used a .223 caliber rifle and .410 shotgun to shoot his victims according to DPS spokesman Jason Tarkong.

Korean tourist, Jai Hyung Park remains in critical condition after a bullet shattered his spine. He is in National University Hospital in Korea according to The Dong-A Ilbo News (Korean news). The paper said, "Three other Korean victims, a 38-year-old man and his eight-year-old son and five-year-old daughter, suffered minor injuries and were returned to Korea via an Asiana flight" on Sunday.

Tourist Uk Yong Kim who was with Mr. Park's brother in the waiting room in CHC Saturday, said he was "horrified" at the medical facilities, the Commonwealth Health Center.

Both men expressed that because guns are banned in South Korea the tourists did not know what was happening at the time of the shooting.

The Korean source also reported that the shooter was a Chinese man of Korean descent and left a note saying, "Negotiations for business have failed."

Federal Lawsuit: Some Comments

2009-11-25T07:06:00.007+10:00

November 24, 2009

The ruling on the anti-federalization lawsuit has most people commenting that they expected it to be dismissed. Also, most people who communicated with me have expressed utter disgust at the tremendous waste of money that the frivolous lawsuit has cost the cash-strapped CNMI government.

The "special counsel" of the governor, Howard Willens, will be flying to Washington DC to consult with Jenner and Block attorneys concerning the outcome of the lawsuit. Surely, they are not considering an appeal!

It appears from Fitial's comments to the press that they are leaving open the possibility of an appeal, which would result in an additional waste of funds. The bill for this lawsuit must have exceeded at least $500,000. If Jenner and Block were charging $50,000 per month the cost would likely be closer to a million.

Judge Paul Friedman said that he would issue an opinion to explain his order by the end of the week. As of 4:00p.m. today there was no opinion issued by Judge Friedman.

Rep. TIna Sablan said it was in the best interest of the Commonwealth that the lawsuit has been dismissed. The Saipan Tribune quotes Rep.Sablan:

“We had been cognizant of those slim odds when we rejected the administration's request for an appropriation for the lawsuit. We had also worried that litigation would compromise our ability to negotiate and communicate with the federal government as the regulations were being developed. As it turns out, we were right,” said Sablan.

The other order that should come out this week is a ruling concerning the DGS not complying with the Administrative Procedure Act by publishing the interim rule in time to allow 60 days of comment. I am assuming, if the judge does rule in favor of the CNMI, he will ask DHS to extend their comment period.

Federal Agencies Ready

On November 28, 2009 federal immigration law will apply to the CNMI and the U.S. Custom and Border Patrol will takeover from the CNMI Division of Immigration. According to the Saipan Tribune, the offices are set up at the Saipan airport and other ports of entry.

From the Tribune:

Edward H. Low, public affairs liaison at CBP's San Francisco office, said yesterday CBP officers started arriving on Saturday, and more were expected to arrive last night and tonight in time for Saturday.

Between 40 and 50 CBP officers will be on Saipan for the takeover of local immigration.

“The CBP officers will be ready to do their job on Nov. 28. .As the operation continues, we will assess the staffing needs and either add or subtract as many as we need to,” Low told Saipan Tribune in an interview yesterday morning.

The CPB's current port director of Guam, Jerry Aevermann will serve as temporary director of the CNMI operation.

Foreign contract workers entering the CNMI will need to have visas. Congressman Sablan and others are working on a system where the visa can be obtained from the CNMI before a foreign worker temporarily exits for personal or medical reasons.

Overstayers

The Marianas Variety reports that the DOL has processed over 340 umbrella permits for overstayers. The ombudsman informed me that the office assisted 650 aliens from Friday until yesterday!

Leaders of worker groups have been assisting the overstayers with completing paperwork. All guest workers and overstayers who do not have a permit should contact the Ombudsman's Offfice for assistance. (See the post below.)

OVERSTAYERS & WORKERS WITH UMBRELLA PERMIT PROBLEMS: GET HELP AT OMBUDSMAN'S OFFICE

2009-11-24T20:01:00.002+10:00

November 24, 2009

Any guest worker or overstayer who needs help or advice on umbrella permits, please contact or go to the Federal Labor Ombudsman's Office. They will assist you without charge.

Please call Cris/Glen if Tagalog or Sri Lankin - 322-8034/8038 and Li/Ripon if Mandarin, Cantonese or Bangladeshi - 322-8033/8037.

Overstayers and guest workers on Tinian and Rota. Please contact the Ombudsman's Office at the numbers listed above. The office has the staff and assistance to help you.

Please help to spread this message.

BREAKING NEWS: FEDERAL CASE DISMISSED

2009-11-24T07:30:00.010+10:00

November 23, 2009

Finally, over eight months after the March 12, 2009 hearing, Judge Paul L. Friedman of the U.S. District Court, District of Columbia has issued an order in Governor Fitial's anti-federalization lawsuit. An opinion will be issued later this week.

The Judge ruled that the United States' motion to dismiss was granted and the issue of the preliminary injunction is moot.

From the order:

This matter came before the Court on the defendants’ motion to dismiss the complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure and on plaintiff’s first motion for a preliminary injunction. The Court heard oral argument on these motions on March 12, 2009. Thereafter, the plaintiff filed an amended complaint, adding a claim not relevant to these motions. After careful consideration of the parties’ papers, their exhibits, the relevant case law, the statute and the Covenant, the Court concludes that the plaintiff has failed to state a claim upon which relief can be granted with respect to Counts I and II of its amended complaint, and that those claims therefore should be dismissed. As a result, the plaintiff’s first motion for a preliminary injunction is moot. Accordingly, it is hereby ORDERED that the defendants’ motion to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [19], which the Court treats as a motion to dismiss Counts I and II of the amended complaint, is GRANTED; it is FURTHER ORDERED that Counts I and II are DISMISSED; and it is

FURTHER ORDERED that the plaintiff’s first motion for a preliminary injunction [10] is DENIED as moot. An Opinion explaining the Court’s reasoning underlying this Order will be issued later this week. SO ORDERED.

I expected the case to be dismissed and look at this order as a victory. Hopefully, now the federalization process can proceed now with cooperation and support from the CNMI government.

A Long and Secretive Battle

Since PL 110-229 became law on May 8, 2008, Governor Fitial and his anti-federalization team began immediately to explore the possibility of filing a lawsuit against the federal government to block the implementation of federal immigration and labor laws to the CNMI.

A campaign to poison the community against federalization was launched by the Governor, Howard Willens, the governor's "special counsel" and a small group of other die hard anti-federalization opponents. They included CNMI Department of Labor officials, and business owners including members of the Saipan Chamber of Commerce and HANMI who had a financial interest in maintaining the dysfunctional CNMI labor system that filled their pockets at the expense of exploited and disenfranchised foreign contract workers.

They held meetings, presented a slide show, drafted the complaint, and conducted preliminary meetings with the Washington, DC based law firm of Jenner and Block. All of the preliminary preparation and the final filing of the lawsuit on September 12, 2008 was done without approval from the CNMI Legislature.

In August 2008 the Governor, Willens and DOL "volunteer" Deanne Siemer made a closed-door presentation to the House requesting $400,000 to pay for Jenner and Block to represent them in the lawsuit. In the end the legislature rejected the lawsuit and refused to fund it.

The governor and his mostly politically appointed anti-federalization supporters manipulated language in labor policy and used a biased economic report, which was funded by DOI to bolster their case against federalization. Declarations submitted to the Court by Fitial and lawsuit backers often stretched or manipulated the truth or omitted key facts.

The fight continued outside of court with the governor appointing Lynn Knight to lobby in Washington, DC. as the chair of the Commonwealth Economic Development Strategy Commission. She failed to register as a lobbyist and both she and the governor refused to disclose the source of the funding to pay her salary and expenses. Knight announced that she was moving to Washington, DC in July 2009, as she resigned from her appointment,as chair of the CEDSC, her post as chair of the Hotel Association of the Northern Mariana Islands, as publisher of the Saipan Tribune and as vice president of corporate affairs for Tan Holdings.

The governor also paid for other lobbyists to fight against federalization and the federal minimum wage increases, and to help in getting federal aid. In April 2009 the firm of Fleishman-Hillard, was hired for $25,000 to cover a six-month period. (Read the lobbying registration here.) The governor's former lobbyist, Oldaker, Biden, and Belair was hired to stop federalization and a minimum wage increase and was terminated on January 31, 2008 according to their lobbying report.

The governor even addressed the Commonwealth on You-tube in an attempt to lobby support for the unpopular litigation that was deemed "futile" by prominent attorneys and legislators. In the address the governor claimed, "We are directing this work locally and will use the Washington lawyers sparingly... I will not use funds I do not have."

However the claims made by the Governor were proven to be untrue. Although the governor claimed that the case was being directed locally, even the Office of the Attorney General never signed on to represent the CNMI in the case as was noted by the federal prosecutors in their Motion For Dismissal:

"In this case, Governor Fitial does not identify any specific authority or control giving rise to the protection of a concrete interest on his part. There is nothing in the Complaint alleging a concrete proprietary interest concerning the application of immigration laws that provides the Governor, bringing the suit in an official capacity, with standing. This jurisdictional issue is compounded by the fact that Governor Fitial does not have the authority to represent the CNMI in this action. Under the CNMI Constitution, the Attorney General is charged with “representing the Commonwealth in all legal matters, and prosecuting violations of Commonwealth law.” CNMI Constitution, Art. III, Sec. 11 (emphasis added). The CNMI Code echoes this requirement by providing that the Division of Intergovernmental Relations within the Office of the CNMI Attorney General “shall be responsible for handling all cases or controversies arising under the Covenant or the Commonwealth Constitution . . . [and] shall represent the Commonwealth in all cases or controversies whenever adjudicated under the Covenant or Commonwealth Constitution . . . .” 1 CMC § 2154. The office of the CNMI Attorney General is not identified as counsel in the Complaint, and substantial questions have been publicly raised in the CNMI as to whether this lawsuit is even authorized under CNMI law."

(Footnote 12)
On October 16, 2008, Representative Christina Sablan, a member of the CNMI House of Representatives, and a Member of the CNMI House Committee on U.S. and Foreign Relations, formally requesting certain documents from Governor Fitial related to this lawsuit, and raising an issue concerning the legal authority for this action: [I]t is my understanding that the Attorney General is not a signatory to either the lawsuit, or to any of the contracts related to the lawsuit, and that the Attorney General has not explicitly approved of the lawsuit in writing. Please explain whether or not the lawsuit complies with Article III, Section 11 of the CNMI Constitution, which requires that the CNMI Attorney General “shall be responsible for providing legal advice to the governor and executive departments, representing the Commonwealth in all legal matters [ . . . ]” Please also provide any related documents which would help to clarify the Attorney General’s role, if any, in the lawsuit. Letter to Governor Fitial from Rep. Christina Sablan (Exhibit D).

After the U.S. filed their Motion to Dismiss then-Acting Attorney General Greg Baka submitted a letter to the U.S. District Court stating that Jenner and Block was authorized to represent the CNMI.

As for the funding sources, the Governor, former Secretary of Finance Eloy Inos (now Lt. Governor), and the Office of the Attorney General refused to reveal how the lawsuit was being funded except to state that it would cost about $50,000 a month to retain the law firm of Jenner and Block.

Representative Sablan's Open Government Act Request

In an attempt to obtain information on the funding sources and contract related to the anti-federalization lawsuit, Representative Christina Sablan filed an Open Government Act request with Governor Fitial in October 2008 and another request with Secretary of Finance Eloy Inos in December 2008. Both requests were refused.

On March 3, 2009 Rep. Sablan filed a Petition for Mandamus, Declaratory and Injunctive
Relief, and Other Relief against Governor Fitial,then Secretary of Finance Eloy Inos and Acting Attorney General Gregory Baka for disclosure of records. The OAG requested a dismissal in the case and on March 27, 2009 Associate Judge Wiseman issued an Order Granting in Part Defendant's Motion to Dismiss, which dismissed Acting AG Baka as a defendant in the case.

On April 15, 2009 Associate Judge Wiseman issued an Order Releasing Portion of the Requested Documents. The judge ordered that a privilege log must be created by defendants to list the documents the OGA requested and the defendant must produce all documents within 7 days of this order except 1) The Engagement Letter; 2) Billing documents and statements sent to CNMI for 903 Litigation; and 3) Payments made by CNMI to attorneys for 903 Litigation.

Later in April 2009 Rep. Tina Sablan received a letter from Assistant Attorney General Huesman stating that of the documents Associate Judge Wiseman approved for release, only the current contract of Howard Willens would be released. Huesman also filed the Privilege Log.

Finally, on June 18, 2009 Associate Judge Wiseman issued an Order to release most of the documents in Rep. Tina Sablan's Open Government Act request saying, "revealing what the CNMI is being billed and what the CNMI is paying, in no way disadvantages the CNMI in the 903 Lawsuit. This Court is unable to articulate a single reason that would make nondisclosure necessary to protect a vital government function."

Still no documents were released. On June 18, 2009 Huesman filed Defendant's Motion for a Stay Pending Appeal in the Superior Court. Associate Judge Wiseman then issued an Order Denying Defendants' Motion for Stay Pending Appeal so Huesman filed a Notice of Appeal to the Superior Court. On June 19, 2009 Associate Supreme Court Judge Alex Castro issued an Order Granting the Stay.

Finally, after fighting for 11 months to obtain very basic information under the Open Government Act, the Superior Court affirmed the opinion of trial Court and ordered the release of the documents to Rep. Sablan.

The documents revealed that nearly $400,000 of public funds had been spent by Fitial in the lawsuit. However, Rep. Sablan maintains that some documents are missing and she has said that she will file a request for those. Since the release of the documents, more court filings and action has taken place on the case and it is expected that in the end the governor will have spent over half a million dollars fighting the federal law.

Fight Against Federalization is Decades Old
The fight against federalization started long before the lawsuit was issued. The CNMI government has fought to block federalization since the U.S. recognized the danger in allowing the current system and began suggesting it was time to apply federal labor and immigration laws to the CNMI.

In 2005 then-Governor Froilan Tenorio hired Jack Abramoff to block federalization and any increase to the minimum wage. An estimated $11 million was spent for Abramoff under Preston Gates and later Greenberg Traurig in efforts to block federalization. The billing records reveal that their strategy included bribing members of Congress and staffers with campaign contributions, and gifts including lavish dinners, tickets to sports events and concerts, and trips such places as the Mississippi casino, Hollywood, Philippines (Froilan Tenorio), Scotland (Zachares), the Republican Convention (Fitial, Eloy Inos, and Willie Tan) and many trips to Washington, D.C. that included Abramoff-directed meetings with officials (Froilan Tenorio, Pedro Tenorio, Benoigno Fitial).

Another strategy was to demonize those who supported federalization including human rights advocates, members of Congress, witnesses who testified at hearings and federal officials including Congressman George Miller and then DOI Assistant Secretary Allen Stayman. Abramoff also employed unscrupulous journalists, including some in the CNMI, to plant editorials and articles favorable to the CNMI agenda. One of the most notorious and publicized methods used to block federalization was to bring staffers, members of the U.S. Congress, media and right-wing think tanks on junkets to the CNMI at the taxpayers' expense.

The Abramoff-CNMI anti-federalization schemes have played a role in the indictments of former congressional lobbyists and staffers including Kevin Ring, Mark Zachares, and others.

Calls for Delays
Ever since the bill was signed ito law, the Fitial Administration, the Saipan Chamber of Commerce, HAMNI and other anti-federalization groups have called for delays in the starting date of the law.

Because of the change in Washington, DC from the Bush Administration to the Obama Administration, DHS and related agencies took advantage of the provision in the law that allowed for a six-month delay. On March 31, 2009, the DHS announced that the starting date was delayed from June 1, 2009 to November 28, 2009 saying:
After the necessary consultations, the Secretary of Homeland Security announced on March 31, 2009, the delayed transition to full application of the CNRA until November 28, 2009. Accordingly, this document amends the January 16, 2009 interim final rule to reflect the new implementation date.

Politicians, including Governor Fitial, knew that it was a certainty that the date would be moved up so they positioned themselves to take credit for the move by publicly calling for a delay. After the delay was announced they claimed that it was a result of their pleas.

Following the announcement, the attorneys representing the United States filed a Status Report relevant to the Plaintiff's Motion for a Preliminary Injunction informing the court that the start date of PL 110-229 has been extended to November 28, 2009.

From the document:

Plaintiff argued that the Court should issue a preliminary injunction based, among other things, on the imminent harm that would result if the challenged provisions of Title VII of the Consolidated Natural Resources Act of 2008, Pub. Law 110-229 (2008) (“CNRA”), took effect on June 1, 2009 in the Commonwealth of the Northern Mariana Islands (“CNMI”). See, e.g., CNMI’s Memorandum in Support of Preliminary Injunction, pp. 4, 20-23.

On March 31, 2009, the Department of Homeland Security (“DHS”) announced the delayed implementation of the U.S. immigration provisions of Title VII of the CNRA, for six months beyond the June 1, 2009 deadline originally set by Congress See Exhibit A, Press Release and Letter from DHS. Section 702(a) [Subsection 6(a)(3)] authorized DHS to delay the implementation in this manner. CNRA § 702(a) [subsection 6(a)(3)]. As a result of DHS’ decision to delay implementation of the challenged provisions of the CNRA, the existing CNMI immigration laws will continue to apply until November 28, 2009. Id. Thus, in addition to the reasons provided at oral argument on March 12, 2009, the delayed implementation of the CNRA from June 1, 2009 to November 28, 2009 is further justification for this Court to deny Plaintiff’s motion for a preliminary injunction.

Exhibit A consists of the DHS press release and a March 31, 2009 letter to Senator Jeff Bingaman, Chairman of the Senate Energy and Resources Committee informing him of the delay.

“As a result of DHS' decision to delay the implementation of the challenged provisions of the CNRA, the existing CNMI immigration laws will continue to apply until November 28, 2009. Thus, in addition to the reasons provided at oral arguments on March 12, 2009, the delayed implementation of the CNRA from June 1, 2009 to November 28, 2009 is further justification for the court to deny plaintiff's motion for a preliminary injunction,” the status report stated.

At the May 19, 2009 hearing Governor Fitial, the Chamber, HAMNI called for yet another delay of the starting date and a delay of the report to be issued by the DOI by May 10, 2008 that would make recommendations to Congress concerning the status of the nonresidents. However, a delay would have taken an act of Congress, which staff members and others said was unlikely to happen, and in fact did not happen.

In his testimony, Mr. Richard Barth from the Department of Homeland Security, Acting Principal Deputy Assistant Secretary for Policy Department of Homeland Security stated:
I hope that you will be reassured that DHS has given the implementation of the CNRA the appropriate priority and that DHS is working to ensure that its responsibilities under the CNRA will be executed in such a manner that minimizes any adverse impacts of the transition to the INA.
In answering questions from the subcommittee members, Dr. Barth indicated that funds were allocated and they would be able to meet the November 28, 2009 date.

In October 2009 Congressman Gregorio (Kilili) Sablan called for another year long delay saying that DHS was not prepared. However, all indications were that the DHS and other federal agencies were prepared. The law will go into effect on November 28, 2009 as scheduled.

Finally, in yet another attempt to block federalization, on Friday, October 30, 2009, the governor filed a supplemental memorandum in support of motion for a preliminary injunction to address effect of issuance of regulations, and on November 2, 2009 Governor Fitial's attorneys filed a supplemental motion for a preliminary injunction in the U.S. District Court of the District of Columbia. Judge Friedman called a status conference on November 6, 2009 where the parties were informed that he would be issuing an opinion before November 28, 2009.

What Lies Ahead
The voters of the CNMI had the opportunity to weigh in at the ballot box earlier this month, and in today's run-off election. Without the 1,200 absentee ballots counted, it is not official that Fitial has been re-elected, but he is ahead by over 500 votes.

The incumbent Commonwealth leaders have shown absolutely no willingness to work cooperately with the federal government. I know there were several disappointed people in Washington, DC today when they saw the election results.

The anti-federalization lawsuit has been called ill-fated, frivolous, a waste of taxpayer dollars, and the governor's personal vendetta. Will the governor give up the war and start working with the federal government to ensure a smooth transition to federalization that will benefit all of the people who live and work in the CNMI? It is unlikely. He was quoted by the Marianas Variety yesterday as saying, “I will never support federalization."

Fitial has the mentality of a modern day slave master. He considers it perfectly acceptable to keep foreign contract workers indentured and disenfranchised, regardless of the number of years that they have devoted to working in the CNMI.

It looks like there is something to celebrate today after all. Congratulations to the U.S. Attorneys for a job well done!

Anti-Federalization Lawsuit: Hearing Today

2009-11-24T05:25:00.003+10:00

November 23, 2009

A hearing was held today in the District Court in District Columbia on the preliminary injunction that Governor Fitial filed to block federalization. Here is the Minute Entry for proceedings held before Judge Paul L. Friedman:

Preliminary Injunction Hearing held on 11/23/2009. Plaintiff's [56] Supplemental Motion for Preliminary Injunction heard and taken under advisement.

I expect that the judge's decision will be made this week along with his decision on whether or not to dismiss the case. Previously the judge said that he would issue an opinion before November 28, 2009.

Saipan Shooting Suspect Had Labor Case

2009-11-23T08:11:00.008+10:00

November 23, 2009

The Washington Post reported that the gunman who shot four people, injured nine before killing himself has been identified as 42-year-old Li Zhongren. He is a Chinese national who worked at the shooting gallery.

The Marianas Variety reports that Li had filed a labor case against Augustin Deleon Guerrero, the father of Kollin Deleon Guerrero who lost her husband and son in the shooting. There is no news on how that case was settled, if it ever was, and what part that may have played in the horrific shooting rampage.

Li left several suicide notes indicating that the shooting spree was premeditated. From the Washington Post:

Public Safety spokesman Jason Tarkong said a motive is still being investigated by local authorities, the FBI and the Bureau of Alcohol, Tobacco and Firearms, but it "may be related to issues about money and the suspect's emotional frustration."

Detectives found several notes left behind by Li, who had lived at the shooting range in Kannat Tabla that had been closed earlier this year.

"The notes were left in plain view for police to find and the incident seems premeditated," he said in a statement.

The tragic killings took place at the Naputi residence, which is next to the shooting range that had been owned by the late Rene Asucenas. The family had been preparing for a birthday party for 4-year-old Delores who remains in the hospital.

The article said that three rifles and more than 750 rounds of ammunition were found in his van. The van had been registered to the shooting range's previous owner who died about a year ago.

So many questions are raised by this incident. How did a foreigner have possession of the weapons and ammunition? Why was a shooting range in a residential neighborhood?

The Chinese Embassy in Los Angeles was contacted to help notify the gunman's family in China.

Photo from the Marianas Variety

RUNOFF ELECTION

2009-11-23T08:05:00.034+10:00

November 23, 2009

The ballots in the runoff election between Covenant Party members Benigno Fitial and Eloy Inos and Republican Party members Heinz Hofschneider and Arnold Paclacios are being counted. There are 16,108 registered voters, including 2,000 absentee voters.

In the November 7, 2009 election Hofschneider-Palacios got 4,900 votes, and Fitial-Inos got 4,892 votes.

Reports that I received from Saipan said that there were far fewer voters turning out for this runoff than for the general election held on November 7, 2009. The Saipan Tribune reported:

Voters were already in line long before the official opening of the polls at 7am today but after the first hour, voters seemed to just trickle in for the CNMI's first gubernatorial runoff election. Most of the early voters were older individuals.

If the trend continues until the close of polls at 7pm, the voter turnout may be much lower than the Nov. 7 general election's 86 percent turnout.

With less than a week until the PL 110-229 becomes law, the results of the CNMI runoff election will mean maintaining the status quo and strained federal relations or change in a new direction for the commonwealth and restoring federal relations. Whoever wind the election will serve for five years instead of four.

The election results are being broadcast on Magic 100.3 and will be posted in the Saipan Tribune.

It does not look like the election will be decided this evening. There are about 1,200 absentee ballots to be counted by December 7, 2009.

This post will be updated as the unofficial election results come in.

On-island Absentee Votes: Hofschneider/Palacios - 275 Fitial/Inos - 390

District 1: Hofschneider/Palacios - 1,558 Fitial/Inos - 1,634

District 2: Hofschneider/Palacios - 466 Fitial/Inos - 496

District 3: Hofschneider/Palacios - 1,067 Fitial/Inos - 1,384

District 4: Hofschneider/Palacios - 643 Fitial/Inos - 727

District 5: Hofschneider/Palacios - 926 Fitial/Inos - 920

District 6 (Tinian): Hofschneider/Palacios - 453 Fitial/Inos - 373

District 7: (Rota) Hofschneider/Palacios - 424 Fitial/Inos - 459

TOTAL Hofschneider/Paclacios: 5,812

TOTAL Fitial/Inos: 6,313

Fitial/Inos ahead by 501 votes

Rep. Tina Sablan Supports the Hofschneider-Palacios Ticket

2009-11-22T22:13:00.008+10:00

November 22, 2009

Dear people of the Commonwealth,

On November 23, many of us will be going to the polls to cast our votes for the governor and lieutenant governor who will lead the CNMI for the next five years. At the end of the day, the decisions we make in the polling booth are ours alone. Our votes do not belong to any political party, candidate, family member, friend, or employer. We owe it to ourselves not to blindly follow the instructions or endorsements of others, nor to simply accept smear campaigns or slogans as substitutes for the truth and our own experiences.

Each of us is responsible for opening our own eyes, doing our own research, and making well-informed and intelligent decisions when we vote.

The tone of the 2009 election season has generally reflected the deep malaise that has afflicted the CNMI these past four years, and the anxiety with which many of us now face the future. But let us not be ruled by fear on November 23 – neither fear of change, nor fear of the status quo. Let us go to the polls with courage and with open eyes, aware of the records, platforms, and characters of both gubernatorial teams, and cognizant of our aspirations for the future of the CNMI and the candidates who would carry those aspirations into action.

After having done my own research on the candidates, and having reflected on my core values, my experiences and quality of life these past four years, and my hopes for the future, I have decided to cast my vote for Heinz Hofschneider and Arnold Palacios. I think new leadership and a change at the helm would do us good. And I would like to now specifically address the common question that has been asked by supporters of the Fitial administration: “Change for what?”

To call for “change” means not only that we must judge the record of the incumbent administration and the implications of extending the status quo, but more importantly that we must articulate the qualities of leadership that we want in our next governor that are lacking in the current administration. It is not enough to vote against. We must also know what we are voting for.

And so, when I say I want change, I mean that I want a governor and lieutenant governor who:

Respect the rule of law, and the checks and balances of government, and would never abuse their power and declare emergencies in order to circumvent laws and regulations they do not like;

Appoint highly-qualified people of integrity to their Cabinet, and to critical government boards and commissions;

Prioritize decent healthcare for our people, and would never tolerate nor make excuses for the unstable leadership and neglect that have resulted in the hospital’s present state of disarray;

Prioritize stable, reliable, and affordable utilities, and full compliance with the federal stipulated orders for clean water, a functioning wastewater system, and an acceptable system of used oil management;

Are committed to paying government contributions to the Retirement Fund in full and on-time, and would never have to be sued in order to be forced to finally make payments;

Take the Open Government Act seriously, and would never have to be sued by any citizen in order to disclose expenditures and sources of public funds;

Value good working relations with the federal government, and negotiation rather than an adversarial or litigious relationship;

Believe in decent wages and fair labor standards for all the CNMI’s residents;

Make no excuses and show no tolerance for public corruption, drug use and drug trafficking, human trafficking, and labor abuse;

Are truly committed to the restoration of the merit-based civil service system, and the implementation of an independent desk audit;

Value the environment for the sake of public health, our tourism economy, and future generations, and would ensure strict adherence to environmental laws and regulations;

Respect freedom of speech, and would never pressure a private company to terminate employees because of their political activities, nor terminate or refuse to renew the contracts of qualified public servants who are suspected of “disloyalty,” nor tell law-abiding foreign residents who are exercising their civil rights that they are “illegals who must be deported immediately”;

Take public safety and the prosecution of crime seriously, and would never politicize the Department of Public Safety nor fail to formally appoint an Attorney General for an entire year;

Recognize the importance of fair bidding and hiring for the efficient and effective provision of public services, and would never sole-source lucrative contracts to friends, or use government jobs as a tool to entrench political power;

Believe in the wise stewardship of public lands, and would appoint a Secretary and advisory board that would prioritize the adoption of a responsible, credible and professional public land use plan, in accordance with the Constitution;

Understand that proper planning and professional leadership, not day-to-day crisis management, are critical to the provision of essential public services, the implementation of critical infrastructure projects, and the cohesive enforcement of the programs, policies, and laws of the CNMI;

Possess the ability to listen thoughtfully and respectfully to people of diverse views and backgrounds, to acknowledge past mistakes, and to accept criticism gracefully; and

Appeal to the best in people, and bring to the table a positive and inspiring vision of good governance, restored credibility, a revitalized and diversified economy, a skilled workforce, a clean environment, a healthy community, safe neighborhoods, excellent schools, and retirement security.

These are all the qualities of leadership that I want in our next governor and lieutenant governor, and that I have used as the basis for deciding how to cast my vote in this election. I have seen very little of these qualities in Governor Fitial and his lieutenant governors these past four years, and I have no reason to believe that anything will change if this administration is given a second term.

Of course, Heinz Hofschneider and Arnold Palacios are not without faults, and I have certainly not agreed with everything they have said and done. But having worked with both of them quite closely these past two years, and having reviewed their records as public servants and their plans if elected, I do see in them the qualities of leadership that I would want to guide the CNMI for the next five years. That is the change they represent to me, and that is the change I support.

Sincerely,

Tina Sablan

RUN-OFF TODAY

Saipan is conducting its first run-off election today with 16,146 voters registered. Polling places are open from 7:00a.m. to 7:00p.m. The votes will be counted by hand at the Multi-Purpose Center in Susupe.

Candlelight Vigil Tonight in Saipan

2009-11-22T12:34:00.006+10:00

Perhaps they are not stars,

but rather openings in heaven

where the love of our lost ones

pours through

and shines down upon us

to let us know they are happy.

--Eskimo Proverb

The organizers of the "Saipan For Peace Candlelight Vigil" invite you to attend the vigil for the victims of yesterday's tragic shootings. It will be held this evening Sunday, November 22, 2009 (Saipan time) at 6:00 p.m. at American Memorial Park. It is an ecumenical and multi-cultural event of various faith-based and community coalitions. This event is non-political and spiritual leaders of all religions have been invited to speak.

From the organizers:

"The healing begins as soon as possible for as many as possible. Join us to denounce this violence coming to our paradise. Evil has no border, but together, as a movement of "one voice, one people," we can affirm that it is not welcome here.

Please join all of Saipan as we hold the victims, their families, and our community in thoughts and prayers."

Please wear white and bring a flashlight.

Many organizations and individuals have joined hands to organize this event for the people of Saipan. The United Workers Movement-NMI, Philcowa, Dekada, and the Saipan City Taxi Association encourage all guest workers and nonresidents to join the vigil.

May it bring peace and healing to the community.

The victims killed in the senseless and tragic Saipan shooting have been identified as Enrique Naputi, age 30, Corinna Naputi, age 2, Richard Borja, in his twenties and Vince Rosario, age 5. Dolores Naputi, age 4 remains in the ICU but is expected to recover. Seven tourists were also shot in by the gunman. The Pacific Daily News reveals more of the extremely heartbreaking story.

2009-11-21T22:25:00.001+10:00

Floor Statement by Congressman Kilili Sablan

2009-11-21T15:46:00.003+10:00

November 21, 2009

Floor Statement on the November 20, 2009 shootings on Saipan

Today our hearts are heavy as we pray for those killed or injured in the terrible shootings on the island of Saipan.

No words any of us can say to the families of the victims can lessen the pain you must feel at this sudden and horrible tragedy. We only hope that you can take comfort knowing that the thoughts and prayers of the entire community are with you.

The community also owes thanks to the emergency personnel, health care workers, and other officials and citizens who responded so quickly in the face of danger to treat the injured and to protect the children and people on our island. We are all so grateful for your bravery.

For those left behind now the process of recovery begins. The security we take for granted in our island homes has been broken by this senseless act of violence. But it is my hope that the strength of our extended family structure and our bonds as a community will see us through. As the Psalms say, “weeping may endure for a night, but joy cometh in the morning.” Though we will never forget the pain or the loved ones lost, with prayer and mutual support we will heal and again find peace.

OVERSTAYERS - GO TO OMBUDSMAN'S OFFICE FOR HELP

2009-11-21T09:20:00.004+10:00

November 20, 2009

Any guest worker or overstayer who needs help or advice on umbrella permits, please contact or go to the Federal Labor Ombudsman's Office. They will assist you without charge.

The Federal Ombudsman Office will re-open Monday to assist workers.

Please call Cris/Glen if Tagalog or Sri Lankin - 322-8034/8038 and Li/Ripon if Mandarin, Cantonese or Bangladeshi - 322-8033/8037.

Overstayers on Tinian and Rota. Please contact the Ombudsman's Office at the numbers listed above. The office has the staff and assistance to help you.

Please help to spread this message.

Candlelight Vigil

2009-11-21T08:10:00.013+10:00

November 20, 2009

As promised here are the details for the candlelight vigil scheduled to remember the victims and families of the tragic shootings.

The United Workers Movement-NMI, Philcowa, Dekada, and the Saipan City Taxi Association invite and urge you to attend the "Saipan For Peace Candlelight Vigil" for the victims of yesterday's horrific shootings.

This event is to be held this Sunday at 6:00 p.m. at American Memorial Park.

It is an ecumenical and multi-cultural event of various faith-based and community coalitions and all are invited. This needed event is non-political and spiritual leaders of all religions have been invited to speak.

The healing begins as soon as possible for as many as possible. Join us to denounce this violence coming to our paradise. Evil has no border, but together, as a movement of "one voice, one people," we can affirm that it is not welcome here.

Please wear white and bring a flashlight.

Please join all of Saipan as we hold the victims, their families, and our community in thoughts and prayers.

Many organizations and individuals have joined hands to organize this event for the people of Saipan. May it bring peace and healing to the community.

TRAGIC SHOOTINGS IN SAIPAN: UPDATE

2009-11-20T21:38:00.016+10:00

November 20, 2009

The usually tranquil island of Saipan is stained with the blood of innocent victims of a gunman. The assailant killed four people and injured eight before killing himself at Banzai Cliff. One young girl remains in critical condition.

Calls and e-mails that I received reported that the man was Chinese. This information is unconfirmed.

KSPN reports on this tragic story:

Four are dead and others have been hospitalized following shootings in two areas on Saipan. The two shootings are thought to be done by the same man. Police believe the shooter is also dead after turning the gun on himself at Banzai Cliff. The suspect's name has not been released, authorities describe him as an asian male in his late 30's or early 40's. Details are still being gathered. Police believe the shooting started this morning (Friday) in the Kannat Tabla at a residence near a shooting range. Two local males and two small children were found shot to death here, another girl sustained a gun shot wound and is in critical condition. Police think the suspect then drove to the north part of the island and opened fire at a tour site called the Last Command Post. Police say after the drive by shooting he then continued driving to the Banzai Cliff area and there are reports of more shots fired there. Police think he killed himself there. Korean tourists who were visiting the Last Command Post have been admitted to the Commonwealth Health Center. A total of five Koreans were shot, one a 39 year old male is in critical condition. Two children were treated and released. The incident cast a gloom over the island today. Things like this don't happen on Saipan. Campaigning for the upcoming election has been postponed, and a number of events scheduled for the weekend have been cancelled or postponed.

An updated story from the Saipan Tribune states that 5 people were killed and 8 were injured. Four were being released Reportedly all of the schools were put on lockdown around 1:30 p.m. The lockdown was lifted after the gunman shot himself.

The international press including The Washington Post has also picked up the story with sketchy details. CNN and the BBC also covered the news. The Associated Press reports:

A gunman went on a rampage on the Pacific resort island of Saipan on Friday, killing four people and wounding six others before fatally shooting himself, officials said.

Public Safety spokesman Jason Tarkong said two men, a four-year-old boy and a two-year-old girl were killed in a half-hour of violence. The dead were all local residents.

The six wounded included a four-year-old local girl and five visitors from South Korea.

Gunman

A source who wants to remain anonymous told me that the gunman may have been the former Chinese contract worker who was the actual owner of the shooting range under a local alias or an employee of the business. According to the source, the man used to distribute cards in Garapan inviting tourists to the shooting range. Again, this is unconfirmed information.

Update: The Huffington Post states this about the gunman:

Authorities said the suspected shooter was a contract worker in his 30s or 40s from Asia, but did not provide his name or home country. However, several residents said the man was known as "Mr. Lee" and they believe he was from China.

The Pacific News Center identified the gunman as Lee Zhong Ren, an employee at the shooting range. The news station also reported that Lee left behind a suicide note that spoke of a business deal gone bad.

Police would not immediately confirm the report.

Update from KUAM NEWS:

CNMI Governor Benigno Fitial told KUAM News the details from today's horrific event, saying, "A caretaker at the shooting range in Kannat Tabla went crazy and started shooting people from Kannat Tabla and then he went down to Bonsai Cliff in Marpi and he also shot five Korean tourists, one of them were wounded, none of them fatally. And then he killed himself right after he shot those five Korean tourists in Marpi, so he's already in the morgue along with four locals who he shot at Kattan Tabla near the shooting range, two adults and two children."

Governor Fitial says police are still investigating the motive behind the shooting spree, but says it may be difficult to establish since the shooter committed suicide. There have been reports that he became upset because of a business deal that had gone wrong.

The governor adds he expects the names of those who were killed to be released possibly tomorrow.

CBC News reports:

The shootings occurred in two different areas of the island, starting at 11:21 a.m. local time at a popular tourist spot in Marpi where the gunman fired a barrage of bullets from his white van at the Koreans. A 39-year-old man was critically injured with a gunshot wound to his back.

The suspect then drove to the Kannat Tabla Shooting Range where he killed two men in their early 20s and the two children. He also shot a four-year-old girl, who suffered a gunshot wound to the chest and was in critical condition.

His white van was discovered at Banzai Cliff, where police recovered three rifles.

Officials said the gunman's body was found along the edge off the cliff line near the vehicle with a .22-calibre rifle strapped around his shoulder.

"I want to assure the people of the commonwealth and all of our visiting tourists that the Department of Public Safety has the situation under control and that the individual responsible for these tragedies took his own life," Fitial said.

Saipan is a popular tourist destination among South Koreans, with more than 111,000 South Koreans visiting the island in 2008, according to the Marianas Visitors Authority.

Candle Light Vigil

There are plans being made for a candlelight vigil. I will announce them later as details are released. UPDATE: See the newer post for details.

From the Pacific Daily News:

KANNAT TABLA SHOOTING RANGE VICTIMS

Killed:
Saipan man, early 20s, gunshot wound to the head
Saipan man, early 20s, gunshot wound to the head
Saipan boy, 4, gunshot wound to the chest
Saipan girl, 2, gunshot wound to the neck
Injured:
Saipan girl, 4, in critical condition, gunshot wound to the left chest

LAST COMMAND POST, MARPI, VICTIMS

Injured (tourists):
Korean man, 39, in critical condition, gunshot wound to the back
Korean man, 38, in stable condition, gunshot wounds to the left chest, left arm and right forearm
Korean man, 38, in stable condition, gunshot wounds to the right thigh and right buttock
Korean boy, 8, lacerations to facial area, treated and released
Korean girl, 5, lacerations to right arm, treated and released
(From the CNMI Department of Public Safety)

HOW TO HELP

American Red Cross Saipan: (670) 288-1041
Saipan Community Guidance Center: (670) 323-6560

I send my heartfelt condolences to the victims and their families.

Another Scam?

2009-11-20T19:51:00.005+10:00

November 20, 2009

I have received numerous e-mails and phone calls over the last month from guest workers saying that some nonresidents and guest workers are working for and asking voters to support the Fitial-Inos ticket. Some are mass e-mails written by Filipino Fitial supporters that were forwarded to me.

Why the support from this unlikely faction? Among the reasons is that the Fitial team has saved the guest workers with umbrella permits. One mass e-mail credits Fitial with the WIC program (I don't get how a federal program has anything to do with Fitial), with cost cutting and with stopping power outages.

But the main reason is that the Fitial team has gained support is that his team has allegedly been promising the foreign workers and nonresidents that "after the election Governor Fitial is going to do something for us"; "after the election he is going to get us status."

It is mind-boggling that anyone would actually believe that the same governor who is suing to keep the foreign workers indentured under their broken system, who has testified before the U.S. Congress multiple times that he does not support the U.S. granting status to guest workers, and who successfully lobbied to have the grandfathering provision removed from the original federalization bill would ever support any legitimate status for the nonresidents.

My response to those making these statements is that if the governor wanted to back the guest workers and nonresidents for permanent status, he would have already come out publicly to state his intention. He would have asked the federal government to grant it.

The reply from those spreading the news is: "He cannot say it now, because he would not win the election if the people knew he support us."

Talk about dirty tricks. If this is true, then the Fitial team is telling everyone what they want to hear in order to get support from all factions. When a person plays this game and intentionally deceives people, the result is not pretty. The manipulation of a desperate, disenfranchised group of people is despicable at the very least.

Or could this actually be true? Has the governor seen the light? Does he understand that without granting the guest workers and nonresidents U.S. status the work force will disappear?

It's time to end the games. The governor needs to publicly state whether or not he has changed his position and what these so-called "plans" actually are, if they even exist. Let's hear from the governor if he has indeed been making such promises or not and if so why.

UMBRELLA PERMITS FOR OVERSTAYERS

2009-11-20T18:17:00.006+10:00

November 20, 2009

Any guest worker or overstayer who needs help or advice on umbrella permits, please contact or go to the Federal Labor Ombudsman's Office. They will assist you without charge.

The Federal Ombudsman Office will remain open this weekend to assist workers.

Please call Cris/Glen if Tagalog or Sri Lankin - 322-8034/8038 and Li/Ripon if Mandarin, Cantonese or Bangladeshi - 322-8033/8037.

Overstayers on Tinian and Rota. Please contact the Ombudsman's Office at the numbers listed above. The office has the staff and assistance to help you.

Please help to spread this message.

Message From Tina Sablan

2009-11-20T12:59:00.003+10:00

"The citizen can bring our political and governmental institutions back to life, make them responsive and accountable, and keep them honest.

No one else can."

~ John Gardner

“Yes, it is impossible — therefore, it will take a little longer.”

~ Paolo Lugari

November 18, 2009

Dear people of the Commonwealth,

In the days that have passed since the November 7 election, I have heard from many citizens who are deeply disappointed with the election results. Some have concluded that the people of the CNMI are either not ready for change, or they do not want change. Some of have told me that they are ready to give up on this community, and have asked me whether I am ready to give up as well.

I am writing now to call on all the good people of the Commonwealth to take heart and remember what we have always known: that change is a process. It is often a slow process, and an uphill battle, and there will always be setbacks along this journey. We must expect setbacks, and continue to move forward nevertheless with our eyes set firmly on our vision for a healthier, more just, and more prosperous future.

We must also recognize signs of hope and progress when they occur. There have indeed been significant and positive signs of change – yes, even with this election.

Looking back, we recall that in 2007 slightly over 1,000 people voted for a candidate who didn't run with a political party, didn’t promise any political jobs or favors, didn’t fundraise or spend a lot of money campaigning, and who talked about the importance of open and honest government to anyone who would listen.

In 2009, over 2,400 people voted for that candidate in an islandwide race for the Senate – not enough to win a Senate seat, but certainly more than enough to show a significant and slowly-growing base of citizens who also want open and honest government. Even more significantly, over two-thirds of the voters throughout the Commonwealth -- more than 7,300 people – voted yes to a more transparent legislature and ratified the Open Government Act popular initiative.

I would call that progress. It might be slower than some of us would like, but it is still progress, and it is worth celebrating. Those 7,300 people who voted yes to the Open Government Act initiative could comprise a powerful voting bloc and a solid base for any movement for good governance in the CNMI.

Looking ahead now, many are asking: What are our next steps?

Our most immediate next step is to participate in the runoff election on November 23, and to encourage our friends, family, and neighbors to do the same. Our duty is to ensure that we are well-informed about the records, platforms, and characters of the two gubernatorial candidates, and that we vote carefully and wisely, with the long-term interests of our community foremost in our minds.

Beyond November 23, and regardless of the runoff election results, we must continue to build a more active citizenry and raise our collective level of civic awareness, beginning with ourselves. Each of is called to be the change we wish to see in our Commonwealth. I have always believed that one of the most powerful ways to effect change is to lead by the example of our own lives. If we aspire to be a community of great citizens and principled leaders, we must ourselves be great citizens and principled leaders, and we must raise our children to be the same: to be thinkers, to ask questions, to seek their own answers and not simply accept what they are told, and to expect more of themselves, of each other, and of their government. It is up to all of us who desire real, meaningful change in the CNMI to do everything that we can to nurture the core values of citizenship and leadership in our children who are truly the future of this place.

In an open letter dated January 2007, I wrote:

“As citizens, as residents, as taxpayers of the Commonwealth, we have more power than we think – far more power than we have ever exercised. We can do more than just complain in private about the decisions our elected officials make, and wait and hope for change in the next election. Elected officials only have as much power as we give them, and it is up to us to demand the representation we deserve. Protests, rallies, civil disobedience, letters, petitions, lawsuits, intelligent voting, participating in public hearings and legislative sessions, and running for office – these are just a few of the options we have for taking direct action to realize the changes that we want.”

At the time I had named the Save Sugar Dock campaign, the 2006 Micro Games, and the Beautify CNMI! coalition as notable examples of organized community-based action. Since then, concerned citizens and residents have also successfully pushed for the passage of the runoff election initiative, the defeat of the Saipan Casino Act, the creation of the national marine monument, the ratification of the Open Government Act popular initiative, the enactment of the Smoke Free Air Act, the passage of U.S. Public Law 110-229, and greater flexibility in the proposed federal immigration regulations. In just the past two years alone, I have personally witnessed hundreds of residents, including young students, march up to Capitol Hill or to public forums and rallies throughout the CNMI to testify for or against proposed legislation, to call for an independent desk audit of the government, to protest mismanagement of our public utilities, to urge for the protection and wise stewardship of public lands, and to appeal to both federal and local authorities for immigration and labor reform.

More and more, we have been openly discussing the problems of the Commonwealth, identifying constructive solutions, and demanding accountability from our leaders. This is just the beginning of a long-term movement for good governance and a more active and informed citizenry. It transcends any one election, and it is more powerful than all of our politicians combined.

And so to answer the question that I am asked most often these days -- no, I am not packing my bags and giving up on the CNMI. My heart is here. The 2009 election might have closed one door for me as a legislator, but I see other doors that have opened for me as a private citizen and for us as a community. And I personally feel much freer as a citizen to keep doing what I have been doing, and more.

I owe a debt of gratitude to all who have given me the great privilege of serving in the House of Representatives, and who supported my candidacy for the Senate: my deepest thanks for your encouragement, confidence, constructive criticism, questions, and ideas these past two years. My term in the House and campaign for the Senate have given me much valuable insight. I see the continuing failures and shortcomings in our system of government, the progress that has been made, and the long road ahead. And I also see that so much more can be done outside of the legislature, if there are enough caring citizens who are organized and willing to work toward a more transparent, more accountable, and more responsible government.

We will continue to make progress as a community as long as there are still people who love this place who are willing to stick around and keep fighting the good fight. I see no reason to give up now, or ever, on the CNMI, and every reason to continue and expand upon the work that has only just begun.

May we all continue to fight the good fight.

Sincerely,

Tina Sablan

Anti-federalization Lawsuit: CNMI Reply

2009-11-20T05:28:00.001+10:00

November 19, 2009

The reply from the CNMI in support of their motion for a preliminary injunction was filed in the U.S. District Court of the District of Columbia yesterday. The CNMI claims that the U.S. failed to rebut that the CNMI will likely prevail on the merits on its APA claim, that that they failed to rebut that the CNMI will suffer irreparable harm and that the balance of harm favors the CNMI.

I think it is interesting that they cite the comments from the guest workers to DHS as supporting evidence in their exhibits. While they discuss that these commenters ask for DHS to relax travel rules and complain about the impact of the rules on them personally, they fail to mention that the majority of these foreign workers also ask for U.S. status in their comments. Anything at all that the CNMI Government argues as far as alleged harm is irrelevant since it cannot legitimately argue the case that it wants to retain the foreign work force while at the same time, it is refusing to recommend permanent U.S. status so that these very people can assuredly remain in the CNMI!

I agree with the guest workers that there should be a system where they can get a return visa before they travel to their home countries. U.S. Congressman Gregorio (Kilili) Sablan has said that he is working with DHS on this and I am certain this issue will be addressed.

Sablan, who has been on Saipan since Monday, said he has begun meeting with key U.S. State Department and Homeland Security officials on ways to reduce the burden for nonresident workers applying for a CW-1 visa in U.S. embassies and consulates.

“We need to set up a protocol to make it less difficult for people to get visas to return to the Northern Marianas if they are employees. Obviously, the largest group of people working here are from the Philippines and the largest U.S. Embassy in the world is in the Philippines,” he told Saipan Tribune.

Among other things, he's working on a way for CNMI guest workers to be able to secure a “multiple-entry” CW-1 visa.

Sablan said this is a “work in progress.”

There is no need for an injunction to amend regulations, especially since the DHS asked for comments, and has proven that the department will amend regulations in response to submitted comments as was the case with the Russian and Chinese visa waivers.

The plaintiff's use of the guest workers' comments to bolster their case, is actually helpful to us in our appeal for status for the nonresidents. The Administration can no longer argue that our letters and petitions should not have weight with the U.S. Congress or with federal officials because they primarily contain the signatures of nonresidents rather than CNMI residents, and therefore the federal officials should not listen to their pleas for status.

It has always been the practice of the Fitial Administration to dance around the truth as this statement shows:

In its opposition and in the “conclusion” of its response to the CNMI’s supplemental memorandum in support of its pending motion to enjoin the implementation of P.L. 110-229, Defendants suggest that both the statute and these regulations are necessary and justified to combat trafficking and sexual exploitation of women. As the CNMI has argued and previously shown, the CNMI had aggressively addressed allegations first raised many years ago concerning such potential abuses; there are appropriate law enforcement mechanisms (including federal law enforcement mechanisms) to combat any such practices; and Defendants have never made any factual showing in this case that such practices persist and are appropriately addressed through the statute or the regulations. The unsworn, conclusory statements in the legislative history of the statute and in Defendants’ briefs do not justify any of the harms inflicted on the CNMI at issue in this case.

It is a fact that the exploitation of women and human trafficking continues today in the CNMI. In fact, I have been informed that cases of human trafficking have actually increased in recent months. The Defendants should take sworn depositions from witnesses including Labor Ombudsman Pam Brown, Lauri Ogumoro, Sister Stella and attorneys representing victims of sexual exploitation and human trafficking who can provide substantial documentation of the unending trail of human trafficking that continues today.

It is disturbing that the CNMI continues to deny and minimize the problems associated with human trafficking. Does this Administration assume that because it has gotten away with so many outright untruthful and deceitful statements regarding important issues, that no one, except a handful of us, will ever challenge their propaganda?

Isn't it also disingenuous to ask why the DHS took so long to put out regulations when at the same time the Administration was suing to block the regulations? The document questions why it took 18 months to draft the rules even thought they know that there was a national election and personnel within DHS changed including the secretary and people in key positions that would deal with these regulations.

It is interesting that the document mentions "onerous fees" when the CNMI DOL continually raised fees for guest workers and their employers.

The CNMI argues: "..DHS will not automatically or immediately issue CW permits to employers that will cover all aliens lawfully present in the CNMI as of the transition date." It would be extremely irresponsible of DHS to issue blanket permits to all workers and employers without even knowing if the employers are legitimate. Since there is a unending history of employers failing to pay workers, who even knows if all of these employers are in a financial position to hire foreign workers? As we proved, there are over $6.1 million in unpaid CNMI DOL-issued judgments owed to cheated workers. It appears that the CNMI government wants the DHS to pick up their failed system and run it under their name.

We'll see what happens on November 23rd at the hearing. I believe that more harm would be inflicted by granting the CNMI's requests for dismissal and/or for a preliminary injunction. The case should be entirely dismissed and no injunction should be granted.