Fitial to Sue Federal Government

June 24, 2008

The Saipan Tribune reports that Governor Fitial is expected to sue the federal government. The governor and his "consultants" Deanne Seimer and Howard Willens, have been saying this for months. It was reported last month that "high paid" attorneys in Washington were being consulted on the lawsuit. Certainly taxpayers, including those of us from the mainland who support the CNMI with our federal tax dollars, will demand to know where the money for such a lawsuit is coming from. It is unlikely that the cash-strapped CNMI government can come up with funds to pay for such a futile lawsuit. Perhaps the governor's consultants will continue to work for "free" or he will get funding from Tan? It is amazing that the governor would consider spending money on a lawsuit while the infrastructure crumbles, blackouts are the norm, and public schools lack funds. The Tribune states:

In a 10-minute television address last night, Gov. Benigno R. Fitial announced that he has hired a team of U.S.-based attorneys to review a draft complaint challenging the recently enacted immigration law for the Northern Marianas.

“Let me be clear. We do not question the authority of the Congress to apply the existing federal immigration laws that apply to every other part of the United States except American Samoa. We agreed to that in the Covenant. Our complaint focuses on the labor provisions of the legislation, which are not, and never have been part of the federal immigration laws,” the governor said.

Howard Willens, one of the governor's legal counsels, drafted the complaint. Jenner & Block, a national law firm with offices in Chicago, New York and Washington, D.C., is reviewing the complaint.

Fitial said he will file the lawsuit unless the law firm tells him not to do so.

The governor said his decision to sue the U.S government came after consultation with different sectors of the local community, including the Legislature and the businesses.

I wonder who he consulted with in the community and in the business sector because those interviewed in the same article did not appear supportive of the lawsuit:

“The government has a right to pursue what he feels is right for Saipan,” said James Arenovski, president of the Saipan Chamber of Commerce. However, he added that the Chamber will continue efforts to prepare for the federal government's plans to create new immigration regulations. “If 'federalization' happens, we want to be prepared.”

Senate President Pete P. Reyes said that Willens did come to his office last week to discuss the lawsuit. In that meeting, Reyes expressed major concerns about suing the U.S. government. He said the CNMI government could not afford to get into an expensive lawsuit, or to put a strain on its relationship with the federal government.

“I'm just not convinced this [litigation] is a good idea,” he said.
Rep. Tina Sablan, a vocal supporter of the federalization measure, said that litigation “would be futile, not to mention a waste of dwindling taxpayer dollars.”

“Our energies would be better focused on improving our relationship with the federal government and working cooperatively with the federal agencies to develop immigration regulations that would be in the best interests of both the CNMI and the nation,” she said.

Sablan also said the administration's continuing opposition to federalization could cost the CNMI a seat at the table during the promulgation of the new immigration regulations, as it had when the bill was being drafted.

A local attorney who asked not to be named called the lawsuit “an exercise in futility.” He said the Covenant allows the United States the discretion to extend the application of the Immigration and Naturalization Act to the Commonwealth. He added that the United States previously allowed the CNMI to control its own immigration, so it could restrict its borders and not be overwhelmed by outsiders as what had happened on the mainland.

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