BREAKING NEWS: 180 Day Delay Granted

 

March 31, 2009

I just received notification from a member of the U.S. Congress informing me that the 180 day delay for PL 110-229 has been granted until November 28, 2009.

UPDATED

Press Release
March 31, 2009
For Immediate Distribution

Napolitano decides on 180-day delay

Kilili and Bordallo receive notification

Kilili sets out goals for regulations DHS must now write

Washington, D.C. – Department of Homeland Security Secretary Janet Napolitano has decided to delay commencement of federal immigration in the Northern Marianas by 180 days. Assistant Secretary Richard Barth delivered Napolitano’s decision to Capitol Hill today, presenting a copy of the notification to Chairwoman Madeleine Bordallo and NMI Congressman Gregorio Kilili Camacho Sablan.

The decision came just a few days after the powerful Congressional Hispanic Caucus, of which Sablan is a member, weighed in on the issue, writing to Napolitano and supporting Sablan’s request for the 180-day delay.

“I am glad to finally have the Secretary’s decision,” said Sablan. “We now know with certainty that the transition to federal immigration will begin on November 28, 2009.”

U.S. Public Law 110-229, which extends federal immigration control to the Northern Marianas, set June 1, 2009 as the date for the transition to begin. But the law also gave the Secretary the power to delay the date by 180 days, if needed.

“As I have said before, this is not delay for the sake of delay,” Sablan said. “The reason to push back the date is so that the Department of Homeland Security has enough time to do it right.

“For that reason I have written a new letter to Secretary Napolitano, thanking her for her decision and pledging to work in Congress to make sure there is sufficient money for Homeland Security to stand up its border operations in the Marianas.

“I have also set out a number of proposals regarding the regulations that now need to be written.”

Sablan gave the 9-page letter to Barth at their meeting at Bordallo’s office. Bordallo chairs the Subcommittee on Insular Affairs, Oceans and Wildlife.

Sablan’s letter identifies 5 different groups of people, who now are legal residents of the Northern Marianas, who may be hurt, if regulations are not carefully written. Sablan said he is particularly concerned about keeping families together. But he also emphasized the requirements of the law, including “as much flexibility as possible in maintaining existing business and other revenue sources, and developing new economic opportunities.”

One concern that applies to several of the groups is whether people will be able to leave the Northern Marianas—for medical emergencies or other reasons—and then be able to get back in. Sablan wants regulations to be written that will allow any legal resident to leave and re-enter without the need for a new US visa.

Sablan is also concerned that families that have both US citizen and non-US citizen members may not be able to afford the cost of getting US visas for the non-US citizen family members. Visas applications are expensive and they require that families earn at least 125% of the federal poverty level.

He has proposed that Secretary Napolitano use her authority to make it more affordable for families to get US visas for spouses, parents, or children.

“I am hopeful that now that the new Obama Administration is settling in we will be able to get down to the nitty-gritty of writing these regulations,” Sablan said. “It’s been almost a year since the law was enacted. It’s time that we start clearing away all the uncertainty that exists without clear regulations.”

Read the original press release.

To Delay or Not Delay

Photo by Gemma Q. Casas, Marianas Tribune

March 30, 2009

According to the Marianas Variety, Governor Fitial "believes that a 180-day delay in the implementation of the federalization law may allow for the future inclusion of Russia and China in the visa waiver program." Maybe, maybe not.  If there is a delay it will not be to give the CNMI six more months to allow the CNMI Chinese and Russian visa waivers.  It will most likely be for the reasons outlined by Congressman Gregorio (Kilili) Saban:  1) a lack of sufficient funding, 2) delays in the issuance of regulations, and 3) the potential for disruption of families. An article in the Marianas Variety yesterday discussed that the U.S. Congressional Hispanic Caucus was backing a 180-day delay for the same reasons.

Delay or not, I hope that the U.S. Congress moves immediately to identify and allocate any needed funds so the implementation of the law can proceed smoothly. Likewise, DHS should be finalizing and publishing the final regulations in regards to foreign investors, and the regulations detailing the requirements of the transitional worker program to allow response and any changes. My major concern is also a concern of Congressman Sablan and the Hispanic Caucus. It is the potential for disruption of families and the fate of the long-term foreign workers.

From the Variety:

“I know there are people who say let’s just get on with it,” said Sablan. “But we can do this ‘quick and dirty’ and watch innocent people get hurt in the process, or we can do this in an ‘orderly’ fashion, as the law requires. The purpose of the 180-day delay is not delay; it’s to be sure we do it right.”

The Hispanic Caucus letter echoed these sentiments.

“The wholesale overhaul of the NMI’s immigration system is too big, and too important, to be rushed. Congress had the foresight to recognize that the June 1, 2009 start date might not offer sufficient time to extend federal immigration law to the NIM in ways that comport with its stated intent.”

The Governor's press secretary, Charles Reyes was quoted today in the Marianas Variety:

“Let’s be clear,” he added. “This new federal immigration program represents a massive disruption for the CNMI economy and all parties agree that we would be prudent to proceed carefully and cautiously, so as to minimize adverse impacts, which are expected. And getting back to [the] analogy [of the condemned man], yes, some firing squad victims may value an additional 180 days of life.”

The office of Sablan, for its part, said the congressional delegate “isn’t trying to prolong the inevitable federalization.”

What a contrast in views, in motives, in perspective.

Will a delay result in a solution to the problem of foreign workers with U.S. citizen children? It could if Congress acts to provide status through legislation; if the DHS considers protecting them through regulations. 

The real solution for these families is to provide a pathway to citizenship for the parents. We are not talking about hundreds of thousands of foreign workers. We are not talking about illegal aliens. We are talking about legal foreign contract workers, members of the CNMI community who have dedicated the best years of their lives to bettering the CNMI through hard work and community involvement. There is absolutely no reason to separate these foreign workers from their U.S. citizen children or to exile the children, our United States citizen children, to foreign countries. It is time that the U.S. Congress acts to correct the moral crisis for these families.

I have been informed that there will be a hearing in May to address some issues concerning PL 110-229. 

Within the Consolidated Natural Resources Act is a provision that the issue of status will be decided within two years of the enactment of Public Law 110-229 (48 U.S.C. § 1806(h), 122 Stat. 860).(h) "The Secretary of the Interior, in consultation with the Secretary of Homeland Security, and the Governor of the Commonwealth, shall report to the Congress not later than 2 years after the date of the enactment of the Northern Mariana Islands Immigration, Security, and Labor Act. Among the recommendations required to be included in the report is recommendations to the Congress related to granting alien workers lawfully present in the Commonwealth on the date of the enactment of such Act United States citizenship or some other permanent legal status."

This means the issue should be back before Congress no later than May 8, 2010. It means that it could be decided any day before that date. The U.S. Congress, Department of Homeland Security, Department of State, Department of Justice and the Department of Interior need to work in unison to immediately make provisions for these families and for the long-term alien workers.

The foreign contract workers and residents of the CNMI have support from Congressman Sablan and the Hispanic Caucus. I have confidence that they will work to enact immigration laws that are just and aligned with the democratic principles of our nation. Congressman Sablan recently co-sponsored H.R. 182, "to provide discretionary authority to an immigration judge to determine that an alien parent of a United States citizen child should not be ordered removed, deported, or excluded from the United States." I am writing to other members of Congress to support this important legislation. I understand that new legislation is also being introduced related to reduced fees for green cards for those who live below the poverty level.

_________________________

A commenter to the Marianas Variety article said, "I am wondering why Wendy Doromal is silent here and have not said a word to help." Let me respond. Since my July/August 2008 trip to the CNMI, I have written and distributed a 42-page status report with recommendations to Congressional Committees, members of the U.S. Congress, and other officials. I communicate regularly with staff members and members of the U.S. Congress, some several times weekly. I also corresponded with the Secretaries of Homeland Security, State, Labor, and Interior, the U.S. Attorney General, Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources asking for permanent status for long-term foreign contract workers and foreign parents of U.S. citizen children who live and work in the CNMI.  I met with federal officials, staffers, and a member of Congress in Washington, D.C. to discuss issues affecting the foreign workers.

In February 2009, I launched a letter-writing campaign to give the foreign contract workers the opportunity to unite to express their personal stories and views, and to give federal officials in Washington, DC, thousands of miles from the CNMI, the chance to better understand the situation of the long-term foreign contract workers and their families. Copies of the letters will be delivered to federal officials including: the Secretaries of State, Labor, Interior, and Homeland Security, the U.S. Attorney General, and selected Congressional Committees and members of Congress including Congressman Sablan and the Hispanic Caucus. The original letters will be given to President Barrack Obama. Nani and I are working on copying and organizing the hundreds of letters right now. There is still time to write! Letters received before March 31, 2009 will be compiled and delivered next week. Any letters received after March 31st will be sent when received. (Information on the letter writing campaign.)

I have not been silent. I hope you will not be silent either!

Fine Print

March 29, 2009

The newspaper business is dying. In the last year, newspaper advertising sales have plummeted as Craig's List and online news sites have grown. As sales have dropped, the papers are becoming thinner and thinner.  I can remember when the Sunday paper was inches high and filled with so much news that I selected which sections I would read. Unread sections would be set aside for when I had time to read them, and then tossed into the recycling bin unread after a few days. Today's Sunday paper, The Orlando Sentinel, is thin and mostly filled with sales flyers. (It's also wet. Guess that plastic sleeve can't hold up against a thunderstorm.)

I will take a newspaper over the internet any day.  I like flipping through the pages, smelling the ink, and sipping a cup of coffee while reading.  Reading a newspaper is a relaxing ritual.  

Yes, I often read The Washington Post, New York Times and Wall Street Journal online, but only for convenience.  I associate the Internet with work.  I don't have the patience to go through screens to try to find an article.  Why scroll when you can spread out a newspaper, scan, and flip pages?  Besides Internet versions of newspapers don't include every story, every photo, and every quirky ad.      

I was born in Hartford, Connecticut, home of the oldest continuously published newspaper in the United States. The Hartford Courant has been published since 1764.  I read this morning newspaper from the time I was able to read.  I had my first poem published in that paper when there was an article written about our high school creative writing class. I was surprised to hear that The Hartford Courant, like most major U.S. papers, has reduced staff and reduced the number of pages printed.  

Denver Colorado's The Rocky Mountain News recently folded after almost 150 years in print. I got to know a reporter from this paper through email and in person last year while being interviewed on articles about former Rep. Bob Schaffer who lost a Senate bid to Mark Udall in the last election.  The rival paper, The Denver Post is a better paper, but still opposing viewpoints have shaped the American story, and it's sad to see the death of a newspaper.

Among some other newspapers that have closed are The Baltimore Examiner,  The Cincinnati Post, The Kentucky Post, The Alburquerque Tribune, and The Halifax Daily News. Other newspapers have stopped publishing and have turned to an on-line format including: The Seattle-Post Intelligencer, The Ann Arbor News, and the The Christian Science Monitor. The Chicago Tribune, Baltimore Sun, Philadephia Inquirer and my hometown paper, The Orlando Sentinel are in bankruptcy protection. Even the Saipan Tribune stopped publishing on Sunday to save money.

The Detroit Free Press reports:

• Many newspapers have reduced their news-gathering staffs by at least a third. The San Jose Mercury News now employs fewer than half the news staffers it did a few years ago.

• On Wednesday, the Atlanta Journal-Constitution said it would cut its full-time news staff by about 90 people, or nearly 30%.

• Gannett Co. Inc., the nation's largest newspaper company and owner of the Free Press and USA Today, has instituted unpaid furloughs for most of its employees this year. First-quarter furloughs were one week; second-quarter furloughs are to last either one week or two weeks at most locations. So far, the furloughs have not included Free Press employees because of changes under way at the paper.

• McClatchy Co., the publisher of 30 daily newspapers including the Miami Herald, Sacramento Bee and Anchorage Daily News, said this month it will cut 1,600 jobs, or about 15% of its workforce, and cut the pay of its top executives. McClatchy has been cutting costs to meet heavy debt payments from its purchase of newspaper chain Knight Ridder Inc. in 2006.

• Advance, the publisher of papers such as the Newark, N.J., Star-Ledger, the New Orleans Times-Picayune and the Cleveland Plain Dealer, announced last week that it will impose a 10-day furlough on its workforce and freeze pensions.

• The Washington Post Co. said last week it would offer buyouts to employees, and the New York Times Co. said it would impose a temporary 5% pay cut on most of its employees.

I have collected front pages from newspapers since I was very young.  Many are Hartford Courant front pages - man steps on the moon, civil rights headlines, death of Dr. Martin Luther King, Jr., 20th anniversary of the March on Washington, the U.S. Bicentennial, death and elections of Democratic presidents and celebrities like John Lennon, etc.   More recent ones are from The Washington Post (Obama's inauguration) and others are from the Marianas Variety and Saipan Tribune.  I have less than 25 front pages and maybe will collect a few more in my lifetime if the newspapers are still around.

Think of all the ways used newspapers get a second life.  Wrapping fish, packing valuables before a move, transforming them into papier-mâché objects.  You can't do that with Internet news.

Another Prediction from the Fitial Administration

March 29, 2009

Governor Fitial has predicted that Department of Homeland Security Secretary Janet Napolitano will grant a 180 day delay to the starting date of PL 110-229.

The governor, who says he is on a first name basis with the secretary, made the statement, “Nobody is against it. That's a very strong indication; no one is against it. Everyone is supporting it,” he said.

Wrong. There are people who have expressed disagreement for a delay, including federal officials. Several people who are against the delay wrote comments that were posted as public record on the issue of "Establishing U.S. Ports of Entry in the Commonwealth of the Northern Mariana Islands (CNMI) and Implementing the Guam-CNMI Visa Waiver Program"  as can be read at Regulations.gov. Others wrote directly to the secretary or to DHS officials and did not comment publicly.  I guess anyone who disagrees with the Fitial Administration is a nobody?

The Saipan Tribune quoted Howard Willens, special counsel to the governor":

“The size of request, in all fairness, they cannot implement this law with any degree of accuracy, fairness or thoroughness on June 1, 2009,” Willens said. “And after the extension is granted, which as the governor says we fully expect, then there will be time for the department to deal with its requests for Congress, and we will hear further about what their plans are and be able to make some judgment to the extent they will be able to implement the law.”

A delay could be issued for 180 days or less.  

The Marianas Variety reported that Fitial is planning to return to Washington, DC to talk to Secretary Napolitano in person because she is "the big boss." From the article:

Fitial said the delay will allow the CNMI to continue hosting Russian and Chinese tourists for six more months.

This, he added, will “avoid the injury to the commonwealth economy threatened by [Homeland Security’s] current ‘final’ regulations,” he said.

The CNMI’s tourism-based economy stands to lose more than $200 million in potential economic activities without Chinese and Russian tourists, he added.

What does the $200 million figure represent? Five years of lost business from tourists who won't get visas to travel to the CNMI? Ten years? What is this figure based on?

Wiseman Order: Wise or Not?

March 27, 2009

In a four-page decision, Associate Judge David Wiseman issued an order granting in part defendant's motion to dismiss. The judge ruled that Acting Attorney General Greg Baka was dismissed from the Open Government Act lawsuit filed by Representative Tina Sablan because he was not directly served with a request.  

The order stated:

The Open Government Act states that after a request is made, all public records should be made available for inspection. 1 CMC § 9917 (a). Defendant Baka argues that he could not have violated the Open Government Act because no request was ever directed to him to produce the documents. Indeed, two letters were sent by Plaintiff Sablan which requested the production of documents, however, neither letter was addressed to or requested that Defendant Baka produce the documents. Instead, Defendant Baka, acting on behalf of the Governor, responded to Plaintiff Sablan’s request. Therefore, it is clear that he cannot be held in violation of the Act because no request was ever directed to him. Further, nothing indicates that a full and complete adjudication of this case is not possible without Mr. Baka. Nothing indicates that Mr. Baka was acting in any capacity other than the attorney who was representing Governor Fitial.  

Plaintiff Sablan argues that a reasonable inference may be made that Mr. Baka is in possession of the requested documents. However, possible possession of the documents does not subject Mr. Baka to suit. Plaintiff Sablan also argued that because it is reasonable to assume Mr. Baka may have custody of some of the requested documents, her prayer for relief which requests that the documents not be destroyed, altered, or otherwise made unavailable would reasonably include Mr. Baka. To the extent that Mr. Baka does have custody of the requested documents, certainly, he is not permitted to alter, destroy, or otherwise make unavailable the requested documents and the Court trusts the documents will be safeguarded.

Other decisions related to the lawsuit will be made after the April 9, 2009 hearing:

As previously discussed with the parties, Defendants’ arguments regarding alleged improper relief requested by Plaintiff Sablan and the potential application of qualified immunity will be addressed by the Court after the merits of Plaintiff Sablan’s requests for documents are resolved.

The CNMI appears to have a questionable record in honoring Open Government Act requests. This is one example; the Falun Dafa request by Attorney Mark Hanson is another. Previously the Marianas Visitors Authority refused a request and NMC refused to turn over documents made under an Open Government Act request.  I requested documents in the 1990's, and my request was ignored. 

The Open Government Act is an important law that ensures government accountability and transparency, and promotes public trust.  It should be followed and enforced by all government offices. The current CNMI administration is manipulative and scheming.  It seems to have an abundance of excuses and loopholes for pushing an unpopular secret agenda that can adversely impact those living in the CNMI. 

The judge stated, "Nothing indicates that Mr. Baka was acting in any capacity other than the attorney who was representing Governor Fitial."  Baka should be served with a formal Open Government Act request.

It was suggested to me that Wiseman supports the Fitial Administration agenda based on anti-federalization statements he allegedly made.  Regardless, he is expected to rule based on the law, and the Governor and Inos should be made to immediately reveal the source of the funding and any related contracts. 

In fact, Judge Wiseman did rule previously on an Open Government act request ordering NMC president Carmen Fernandez and former acting NMI Board of Regents chairperson Eloise Furey to disclose records. The Saipan Tribune covered the story:

Wiseman stated in that order that, according to the OGA, all public records shall be available for inspection, “unless inspection of such records is in violation of any Commonwealth or federal law.”

The one truly surprising thing about this whole issue is that Rep. Sablan is the only elected official to make such a request, and she is also the only citizen to make such a request.  

Fitial Lawsuit

March 26, 2009

Howard Willens, Governor Fitial's "special legal counsel" was quoted in the Marianas Variety as predicting that the anti-federalization lawsuit will not be dismissed:

“Every litigant considers the court’s opinion and deciding what was held and what the basis for the holding are but we are reasonably optimistic. I am sure the other side has reasons to be optimistic as well. As I’ve said to you before, the issues were presented in a fair and competent way by both sides,” he said in a news conference yesterday afternoon.

Willens said it may take six weeks or more for the judge to decide the case.

“It will be customary in a case like this to take five or six or more weeks because it is a very unusual lawsuit. The court acknowledged the novelty of the case, the history of the Covenant and the complexities of the unique economy here in the commonwealth, which is so far, remote, from the mainland that it raises a whole set of special economic issues and therefore legal issues as to the propriety in applying the U.S. immigration laws here,” he said.

“The court was interested in the issues and recognized the importance to the commonwealth and we think, based on his past performance as a lawyer and a judge, he’ll give it his attention and his rightful opinion,” he added.

Several other attorneys have predicted that the lawsuit will be dismissed within two or three weeks of the March 12, 2009 hearing.

Hearing on OGA Request

The Fitial Administration still refuses to disclose the source of the funding for their anti-federalization lawsuit.  Yesterday Rep. Tina Sablan filed a 9-page Response to Defendant's Motion to Dismiss in her Open Government Act lawsuit against Governor Fitial, Finance Secretary Inos, and acting Attorney General Gregory Baka.  

The administration filed a motion to dismiss and also claimed that the acting Attorney General should not have been named as a defendant because he was not personally served with an OGA request.

The response makes three claims:

1. Acting Attorney General Gregory Baka has been properly named as a Defendant in Plaintiff's petition for mandamus and other relief (hereinafter, "petition"), and should be maintained as such. 

2. The Open Government Act (hereinafter, "Act") should be liberally construed to mean that public officers may be held personally liable for violations of the Act, including violations with respect to the Act's requirements for disclosure of public records. 

3. Defendants are not entitled to qualified immunity until this court reviews the merits of Plaintiffs petition and the merits, if any, of Defendants' claimed exemption from the Open Government Act, and determines that qualified immunity should be granted.

The response states, "Defendant Baka, as the Acting Attorney General, can reasonably be presumed to have in his custody a case file on the 903 lawsuit, including records responsive to Plaintiff's request. Indeed, it would be a serious breach of his constitutional responsibility if he does not." 

It continues, "Defendant Baka's letter to Plaintiff dated October 24, 2008 further justifies Plaintiff's argument that the Acting Attorney General is a proper custodian of some or all of the records Plaintiff seeks and is therefore subject to 1 CMC 5 9917(b). Twice in his letter to Plaintiff, Defendant Baka referred to the lawsuit as "our Covenant Section 903 litigation . . . "

Rep. Sablan also stated that public officers are not immune from personal liability for violations of the Open Government Act. 

Public officials are not entitled to qualified immunity if there is a finding that they have willfully and knowingly violated the law, or if they have demonstrated plain incompetence in the conduct of their duties.

The Saipan Tribune reported:

Huesman argued that some of the relief requested by Sablan's petition are not available under the statute and is, therefore, improper.

Huesman asserted that Baka never received any OGA request. In the defendants' motion to dismiss, Huesman said Baka could not have violated the OGA as no request was made of him.

Huesman branded as an “improper request” Sablan's prayer to hold Fitial, Baka, and Inos personally liable for all costs awarded to her in connection with her lawsuit, in addition to any civil penalties deemed reasonable by the court.

Huesman also asserted that to the extent required, defendants are entitled to qualified immunity from the lawsuit.

He said qualified immunity is available to officials “who err in their duties so long as the mistake is one that a 'reasonable' officer could have made.”

Associate Judge David Wiseman ordered the parties to appear on April 9, 2009 for a hearing to decide whether the administration must reveal the source of funding for the lawsuit and any related contracts. 

It was previously reported that the lawsuit would cost the CNMI government $50,000 monthly. It is not known if Willens and Siemer, who have assisted the law firm of Jenner and Block with the case, are receiving any payments for their services.

Spring!

March 26, 2009

I've been traveling to conferences and meetings out of state, and in Tallahassee. In just one week my yard exploded from Winter into Spring! 

Tabebuia, Petra vine, Bottle Brush tree

Photos by W. L. Doromal ©2009

Senate Passes Serve America Act

March 26, 2009

Today the Senate passed the  Senator Edward M. Kennedy Serve America Act, the Senate version of the G.I.V.E. Act. This is great news for those of us who work in community service programs and service learning.

The New York Times reported:

The Senate on Thursday overwhelmingly approved a bill to broadly expand national community service programs, increasing the number of positions to 250,000 from 75,000 and creating new cadres of volunteers focused on education, clean energy, health care, and veterans.

The vote was 78 to 20, and the Senate renamed the bill the Senator Edward M. Kennedy Serve America Act, in honor of the Massachusetts Democrat who was a main architect of the legislation and has been undergoing treatment for brain cancer.

After the vote was tallied, Mr. Kennedy received a standing ovation on the Senate floor, his son, Representative Patrick Kennedy, Democrat of Rhode Island, was in the chamber for the occasion. And the elder Mr. Kennedy got a huge round of congratulations include a hug from Senator Orrin G. Hatch, Republican of Utah, who was also a main author of the service bill.

From Senator Kennedy's press release:

“Today’s Senate passage of the Serve America Act demonstrates welcome bipartisan agreement on the often neglected but indispensible value of citizen service in addressing some of the most urgent challenges facing America and the world. The bill is a major expansion of existing national and community programs. Its goal is to tap much more deeply into Americans’ enthusiasm to serve, and direct it to areas and issues where it can make the biggest difference. I commend Senator Mikulski, Senator Hatch, and Senator Enzi for their impressive bipartisan cooperation in achieving such prompt Senate action, and I look forward to it becoming a significant part of President Obama’s strategy for getting America back on track,” Senator Kennedy said.

Statement by President Barrack Obama:

I’m so pleased that the Senate overwhelmingly passed the bipartisan Edward M. Kennedy Serve America Act -- legislation that will usher in a new era of service. I want to applaud all those who have worked so hard to see this bill through, and I am eager to sign it into law.

This legislation will help create new opportunities for millions of Americans at all stages of their lives. From improving service learning in schools to creating an army of 250,000 volunteers a year dedicated to addressing our nation's toughest problems. From connecting working Americans to a variety of part-time service opportunities to better utilizing the skills and experience of our retirees and baby boomers. This legislation will help tap the genius of our faith based and community organizations, and it will find the most innovative ideas for addressing our common challenges and helping those ideas grow.

It is fitting that this legislation is named after Ted Kennedy, a person who has never stopped asking what he could do for his country. This legislation is not just a tribute to the service to which he has dedicated his life, it is a call to action for the rest of us. Our work is not finished when I sign this bill into law – it has just begun. While our government can provide every opportunity imaginable for us to serve our communities, it is up to each of us to seize those opportunities. To do our part to lift up our fellow Americans. To realize our own true potential. I call on all Americans to stand up and do what they can to serve their communities, shape our history and enrich both their own lives and the lives of others across this country.

Earth Hour 2009

March 26, 2009

At 8.30 p.m. on Saturday, March 28 people around the world will celebrate Earth Hour by turning the lights off for an hour. The goal is to have a billion people participate in Earth Hour. Will You?

From the World Wildlife Federation:

For the first time in history, people of all ages, nationalities, race and background have the opportunity to use their light switch as their vote – Switching off your lights is a vote for Earth, or leaving them on is a vote for global warming. WWF are urging the world to VOTE EARTH and reach the target of 1 billion votes, which will be presented to world leaders at the Global Climate Change Conference in Copenhagen 2009.

This meeting will determine official government policies to take action against global warming, which will replace the Kyoto Protocol. It is the chance for the people of the world to make their voice heard.

Earth Hour began in Sydney in 2007, when 2.2 million homes and businesses switched off their lights for one hour. In 2008 the message had grown into a global sustainability movement, with 50 million people switching off their lights. Global landmarks such as the Golden Gate Bridge in San Francisco, Rome’s Colosseum, the Sydney Opera House and the Coca Cola billboard in Times Square all stood in darkness.

In 2009, Earth Hour is being taken to the next level, with the goal of 1 billion people switching off their lights as part of a global vote. Unlike any election in history, it is not about what country you’re from, but instead, what planet you’re from. VOTE EARTH is a global call to action for every individual, every business, and every community. A call to stand up and take control over the future of our planet. Over 74 countries and territories have pledged their support to VOTE EARTH during Earth Hour 2009, and this number is growing everyday.

We all have a vote, and every single vote counts. Together we can take control of the future of our planet, for future generations.

VOTE EARTH by simply switching off your lights for one hour, and join the world for Earth Hour.

Saturday, March 28, 8:30-9:30 pm.

Tony Babauta to Move to Interior?

March 23, 2009

Tony Babauta, staff director of the U.S. House of Representatives' Subcommittee on Insular Affairs, Oceans and Wildlife, is in the running for the position of Department of Interior assistant secretary for the Office of Insular Affairs. 

I heard about this a while ago, and since the Pacific Daily News covered this story, I will weigh in. I can't think of a better candidate. Tony is professional, experienced, open minded, and a great listener. He has knowledge of all of the territories.  

From the March 12, 2009 PDN story:

Bordallo described Babauta's career milestones in a letter endorsing Babauta for the Interior post. She sent the letter to Interior Secretary Ken Salazar.

"There are many challenges facing the insular areas and we have great expectations of President Obama and his team," Bordallo wrote March 4.

"Tony brings the knowledge, cultural sensitivity, and professional experience that will be key to your success in developing federal policies for the territories and the Freely Associated States," Bordallo wrote.

"He is a person of integrity, and he brings a fresh perspective to insular issues gained from many years working in local government and in the Congress," Bordallo added.

KUAM News reported that the former Guam resident "is expected to lead the Office of Insular Affiars." They reported:

Babauta's appointment is supported by Guam Delegate Madeleine Bordallo, Gregorio Sablan of the CNMI, Christensen and Congressman Nick Rahall, the chair of the House Resources Committee. Babauta is also a former employee of former Guam congressman Dr. Robert Underwood.

He noted, "If he gets that position, it would be great news for Guam, great news for the people of Agat. It would be just great. Tony used to work for me. I brought him to Washington in the last decade. He's proven himself to be a very intelligent, forceful advocate for territorial issues, as well as interpreter for federal processes and policy.

A story in the St. John's Source a Virgin Islands newspaper, quotes Mr. Babauta:

When asked about his prospects, Babauta said modestly, "You hear a lot of rumors around town." He would say nothing further on the subject. At this writing, he remains on the staff of the House of Representatives.

I hope that the OIA appoints a new labor ombudsman (or ombudsperson) soon too. Best wishes Tony!

Photo by Wendy L. Doromal ©2007

Fitial Wants OGA Lawsuit Dismissed

March 22, 2009

Assistant Attorney General Bradley Huesman from the CNMI Office of the Attorney General is asking the Superior Court to dismiss Rep. Tina Sablan's lawsuit that was filed last month to force Governor Fitial, Secretary of Finance Eloy Inos, and Acting Attorney General Greg Baka to disclose the contracts and source of funds for the anti-federalization lawsuit.  A hearing on her lawsuit is scheduled for March 26, 2009.

According to the Marianas Variety, Huesman claimed, “Dismissal is warranted where the complaint lacks a cognizable legal theory or where the complaint presents a cognizable legal theory yet fails to plead essential facts under that theory.”

The Saipan Tribune quotes the attorney:

Huesman said Baka, as demonstrated in the congresswoman's pleading in court, never received any Open Government Act request.

“As nothing was requested of him, it is improper to name him [Baka] as a defendant,” the lawyer said.

While Baka never received a formal request specifically addressed to him or his office, he took it upon himself to answer the first OGA request of October 16, 2009 that Rep. Tina Sablan sent to the Governor's Office.   The official reply to her request dated October 24, 2008 from Acting Attorney General Gregory Baka, makes it clear that he was speaking on behalf of the governor in his formal capacity. 

From his reply (emphasis added):

I write in response to your letter to the Governor of Thursday, 16 October 2008, requesting records and information under the Open Government Act (OGA) concerning the funding sources for our Covenant Section 903 litigation, Northern Mariana Islands v. United States, Civ. No. 08-01572 (D.D.C. Sep. 12,2008). As to your requests #1 & #2, documentation identifying funding sources and contracts between the CNMI and outside litigation counsel, relevant to the Section 903 controversy, are exempt from disclosure under the OGA because they are not discoverable by the United States either under the Attorney-Client Privilege, Fed. R. Evid. 501, or absent "substantial need of the materials" presenting ''undue hardship" in obtaining otherwise. 1 CMC §9918(a)(8); Fed. R. Civ. P. 26(b)(3),  1; cf 1 CMC §99l7(a) (preparation of any action or proceeding). Absent these provisions, agents ofthe United States could use the OGA as a subterfuge to obtain records unavailable through discovery.

By answering formally on behalf of the Governor's Office, Baka became part of the fray. Whether the Acting AG had to personally receive a formal request to be a defendant in the lawsuit is a legal question that I do not have the knowledge to answer. However, it seems that Associate Judge Wiseman could request that Rep. Sablan amend and resubmit her lawsuit if there are some technical errors in it.   Isn't the point to get the judge to rule on the Open Government Act request so that this public information can be revealed?  The dismissal seems like a petty stall tactic.

The Saipan Tribune states:

“It is improper to maintain a suit against an attorney for giving legal advice (outside of the obvious malpractice suit),” he said.

Huesman branded as an “improper request” Sablan's prayer to hold Fitial, Baka, and Inos personally liable for all costs awarded to her in connection with her lawsuit, in addition to any civil penalties deemed reasonable by the court.

He said the individual defendants are not personally liable for any alleged violations of the OGA as it pertains to document requests.

Huesman also asserted that to the extent required, defendants are entitled to qualified immunity from the lawsuit.

He said qualified immunity is available to officials “who err in their duties so long as the mistake is one that a 'reasonable' officer could have made.”

Sablan has yet to file her response to the motion to dismiss.

The second OGA request to Finance Secretary Inos was sent on December 11, 2008. Secretary Inos responded to Rep. Tina Sablan in a December 19, 2008 letter also refusing to disclose information on the contracts and finances related to the anti-federalization lawsuit.

The request for dismissal appears to be yet another attempt to suppress public information by the administration.

Congressional Hispanic Caucus Meets with President Obama

March 19, 2008

CNMI Congressman Gregorio Kilili Sablan and 23 members of the House Congressional Hispanic Caucus met with President Barrack Obama yesterday to discuss a national immigration policy. 

"President Obama told members of the Congressional Hispanic Caucus Wednesday that he’s still willing to push for a comprehensive immigration overhaul during the first year of his presidency", according to the Wall Street Journal.

The Saipan Tribune reported:

Sablan quoted Obama as saying that he stands by his campaign pledges to reform a broken immigration system.

The White House later characterized the meeting with the Hispanic members of the Senate and House of Representatives as “robust and strategic.”

“We met with the President for about an hour around the table in the State Dining Room of the White House,” said Kilili. “We presented our agenda and our plan of action; and I think it's fair to say that we have the President's complete commitment to comprehensive immigration reform.

“In fact, the President reminded us that he has been committed to tackling immigration since he was a member of the Senate. 'You're preaching to the choir,' he told us.”

As a member of the Senate Obama called for stronger border and workplace enforcement. “But for reform to work, we also must respond to what pulls people to America. Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should.”

Sablan said the President's words should be very encouraging to the Northern Marianas. “Our issues are very similar to the national issues.”

G.I.V.E. Act Passes House

March 18, 2009

Last week it was announced that CNMI Congressman Gregorio Kilili Sablam signed on as a co-sponsor of the Generations Invigorating Volunteerism and Education, or GIVE, Act. From his press release:

The Act, which is co-sponsored by several prominent members of Congress including Rep. George Miller of California, Chairman of the House Committee on Education and Labor, focuses on creating opportunities for young people to serve their communities and boosts educational and vocational training opportunities.

“It’s very important that young people in the Northern Marianas and everywhere in our country have more opportunities to serve their communities and get real-world work experience,” said Congressman Sablan. “The GIVE Act would do just that and I will be working very hard along with the rest of the Democratic party to ensure passage.

Among the provisions of the bill is an expansion of the AmeriCorps program from 75,000 members to 250,000. Education awards for AmeriCorps participants have also been increased, helping participants continue on to higher education without the burden of student loans.

The bill creates a new Summer of Service program to engage middle and high school students in volunteer activities in their own communities in return for an educational award of $500. For high schoolers and out-of-school youth, Youth Engagement Zones can help encourage volunteers in high-need, low-income communities.

Increasing volunteer opportunities for high-need communities is a major theme of the bill, with expanded opportunities for disadvantaged youth and those with disabilities, as well as four new service corps that help address key needs in low-income communities: a Clean Energy Corps, an Education Corps, a Health Futures Corps, and a Veterans Service Corps.

The GIVE Act passed  the House today.  It was the only legislation mentioned during President Obama's address to Congress.  It is a bill that will make a difference in schools and communities across the nation.

Today Nancy Pelosi issued this statement:

"Less than one month ago, President Obama called for legislation 'to encourage a renewed spirit of national service for this and future generations.' Today, the Congress has responded by passing the GIVE Act, launching a new era of service.

"The GIVE Act will create 175,000 new service opportunities - more than tripling the number of volunteers nationwide. And it will reward those who volunteer with real investments in their education. It also expands the diversity of our nation's volunteer corps - encouraging Americans from middle school students to retirees to give to their communities.

"This legislation is a sound investment: for every dollar spent toward service initiatives, there are four dollars of direct measurable economic returns to our communities.

"We have the power to banish some of the greatest ills affecting our nation, and create a stronger nation for all Americans. And we began today by giving the GIVE Act the strong, bipartisan vote it deserved."

The Senate version of this bill authored by Senators Kennedy and Hatch is expected to pass the Senate.

As a Service Learning Coordinator for a district school system and for a high school service learning academy, the passage of this legislation is welcome news.  At the national service learning conference tonight in Tennessee this poem was read.  It applies to those who believe in service as a method of change to make the world a better place.

Think Different

"Here’s to the crazy ones. The misfits. The rebels. The troublemakers. The round pegs in the square holes. The ones who see things differently. They’re not fond of rules. And they have no respect for the status quo. You can quote them, disagree with them, glorify or vilify them. About the only thing you can’t do is ignore them. Because they change things. They push the human race forward. And while some may see them as the crazy ones, we see genius. Because the people who are crazy enough to think they can change the world, are the ones who do."

(from the Apple Computer Think Different campaign)

DHS Comments: Tomorrow Last Day to Comment

March, 16, 2009

Tomorrow is the last day to comment on the new regulations,"Establishing U.S. Ports of Entry in the Commonwealth of the Northern Mariana Islands (CNMI) and Implementing the Guam-CNMI Visa Waiver Program" on the regulations.gov site.

Not that many people have commented, considering the constant talk and debate about these issues. Those predictable comments on the regulations.gov page keep on coming. Most comments support a delay including those from Guam officials and businesses including those from Hyatt Regency Guam, Guam Governor Felix Camacho, and Diego Songao, Rota Casino Gaming Commission.

Unheard No More was  copied on the letter sent by commenter, Ron Hodges:

General Comment

To Secretary Napolitano,

It was disturbing to read in the Saipan newspapers that Governor Fitial requested a 180 extension to federalization and it was indeed disturbing to read that he claims to be on first name status with you, Janet. The judge is out for the Commonwealth of the Northern Marianas case against America concerning federalization of labor and immigration intervention and the sovereignty of the CNMI, but I have one question for Homeland Security.

If NMI Governor Fitial's Fed Fighters and the notorious "chamber" prevail in court, will the CNMI still be allowed to, enslave workers, not pay them, force them into the sex trade industry, force abortions by deportation because the NMI doesn’t
allow abortions, continue to receive US aid, continue to be tax free, continue to fund Jack Abramoff’s replacements while our schools are underfunded, use the CNMI for ice trans-shipments, allow illegal US entry, continue to be a haven for organized crime and criminals from Asia, continue to work foreign guest workers without status, continue to legislate bias and racist policies, continue to restrict freedoms of speech, press, and assembly of both American and guest workers
alike?

These are neither sarcastic nor hypothetical questions, but real human rights issues along with US security concerns highlighted and heightened by this case against America. I ask for your immediate attention to this matter.

Very respectfully,

Ron Hodges
Saipan

Cc: President Obama
Washington Post
Saipan Tribune
Marianas Variety
Unheardnomore.blogspot.com
dailykos.com

There are some interesting remarks within the letter from a Tinian resident, Reid Ellis who said he lived on Tinian for 17 years and is a principal and minister:

Now comes the U.S and their trump card of homeland security. It wasn’t bad enough that we had to endure the Asian Collapse, SARS, Bird Flu, etc. Now comes the big foreign government protecting their territory at all costs, inflicting additional economic pain on a people that has only enjoyed the American Dream a few years. 

I am totally against the regulations as they are presently written. The Visa Waiver program must include China, Philippines, and Russia and be implemented with the input of the local Chamorro and Carolinian population from ALL 3 Islands, not just Saipan. All three islands voted to join the U.S family on June 17, 1975 by a vote of 78.8 %. Anything less than a complete and thorough investigation into the short and long term effects on all three islands is NOT acceptable and will be viewed as a hostile takeover when the local population of Chamorros and Carolinians feel the economic pain of the implementation of these regulations.

I never heard of SARS or Bird Flu impacting the CNMI...

Here is a comment from anonymous:

It was disturbing to hear Ben Fitial is on a first name basis with the director of Homeland Security. Be said "I spoke with Janet, and she will try to help us".

If help us means extending the federal takeover, then I would like the bank accounts of everyone involved in the delay investigated and examined.

Saipan is owned by Willie Tan and organized crime from Hong Kong and Ben Fitial is his crooked employee and everyone in Saipan knows it. Homeland Security has headquartered in the new Tan Holdings building so. Visitors here are ushered around by the Saipan Chamber of Commerce, the funding contributors to years of bribery through Jack Abramoff.

When will the US STOP this criminal activity???

Here's a different take from Jack Schafer who does not support visa waivers:

Many people are commenting in support of the adding of Russia and China to the Guam-CNMI Visa Waiver Program, as proposed in these regulations. While it is true that these two countries are contributing economically to the CNMI currently and would contribute significantly in the future if added to the Guam-CNMI Visa Waiver Program, adding these two countries wouldn't contribute to the US as a whole.

Any visa waiver program that the US would implement now or in the future should be based on the idea of reciprocity. Currently US citizens must pay an excessive amount of money to apply for a visa to visit either Russia or China. Those who are suggesting the addition of Russia and China to the Guam and CNMI Visa Waiver Program are oblivious to the fact that visa waiver programs are based on the idea of reciprocity. It is not in the interest of the United States Government, or US citizens in general, to add Russia or China to the Guam CNMI Visa Waiver Program without adequate guarantees of reciprocity for US visitors to Russia or China.

In short, as an ordinary citizen, I am against adding any country to the Guam CNMI Visa Waiver Program that doesn't grant visa waiver rights to US citizens. Furthermore, I believe that allowing China or Russia citizens into the Guam CNMI Visa Waiver Program would set a dangerous and unproductive precedent.

On the issue of delaying the implementation of these regulations, I think there are several things at play right now. The federalization of CNMI immigration needs to take place and this is a long overdue change for the better. The sooner that all of this is implemented, the better. Unfortunately, this is just one set of regulations that must be implemented before June 1st. Worker visa rules and transitional worker visa regulations haven't been published yet. I think it is onerous to implement these rules on June 1st, 2009 without having other necessary rules and regulations in place.

As much as I would personally like to see these rules and regulations put in place by June 1st, 2009, I think a limited delay for 60 to 90 days, or possibly even until October 1st, would allow all the necessary rules and regulations to be issued before any are actually implemented. There is a lot of uncertainty in how the Public Law will be implemented and I think much of this needs to be cleared up before rules are effective.

Open Government Request Ignored

March 16, 2009

The Governor's press secretary Charles Reyes said,  "The CNMI is in Compliance with Section 104 of the Covenant, which places foreign affairs under the control of the United States," according to the Marianas Variety.  Attorney Mark Hanson sent an Open Government Act request to the governor's office in 2007 asking if the local and Chinese government had an agreement in dealing with Falun Dafa.

From the Variety:

Mark B. Hanson, the lawyer for the Falun Dafa Association of Saipan, said the CNMI government has had a long standing relationship with the Chinese government — specifically with its Ministry of Foreign Trade and Economic Cooperation and the Chinese Economic Development Association which monitors activities related to the employment of Chinese in the CNMI.

“It is certainly possible that there is a tacit agreement between the Chinese government and the CNMI government to quash Falan Gong efforts to educate Chinese tourists and others about persecution occurring in China (and the persecution is still occurring),” Hanson told Variety.

Falun Dafa is banned in China.

Charles Reyes said that the governor''s office is not responsible for the documents of every office and he did not believe that such records exist. He suggested Attorney Hanson direct his inquiries to other agencies, but the lawyer said the governor's office never even answered the first reply:

“They won’t even tell Rep. Tina Sablan who is paying for the federalization lawsuit,” he added. “You think they would turn over any communications about putting down the Falun Gong or even admit that such communications occurred?”

The Falun Dafa Association of Saipan has been conducting its activities on Banzai Cliff in Marpi for many years now but recently the Department of Public Lands ordered the practitioners to stop using the public land in the area for their gatherings.

Hanson said Falun Dafa members chose the Banzai Cliff area as a location for their peaceful, free speech activities because it is one of the very few locations on Saipan regularly visited by Chinese tourists.

DPL refused to allow the Falun Dafa members to publicly display their posters and banners, and to hand out booklets and pamphlets in the Banzai Cliff area.

“This is an illegal content restriction,” Hanson said.

The paper reports that Chen Xiao Ping, a Falun Dafa member and CNMI artist applied for a Department of Public Lands permit last week, but has not received a response.

See this post for more information on this issue.

H.B. 16-232: Sick Legislation Prefiled

March 15, 2009

A disturbing bill, H.B. 16-232,  sponsored by Representative Ralph Dlg Torres, and cosigned by Representatives Stanley T. Torres and Victor B. Hocog  was prefiled on March 4, 2009.  "The bill is to amend 3 CMC  4437 to remove employer's medical obligations on nonresident workers regarding pregnancies; and for other purposes." 

From the Findings and Purpose section:

The Legislature finds that the nonresident employers should not be responsible for medical expenses relative to Family Planning such as prenatal check ups and delivery. Medical costs and expenses related to Family Planning and pregnancies should be shouldered by the employee and his or her respective partner. The employer should not be responsible for supporting an individual's choice to enhance or enlarge his or her family. Additionally, the Legislature further finds that the current legislation is unfair in which only the nonresident female's employer is required to pay for such medical charges and not the nonresident male's employer; this is unfair to the female employee and her employer. Moreover, the current legislation does not grant the same benefit to resident workers and this Act will help neutralize the current discrepancy of benefits between resident and nonresident workers. Lastly, by imposing the medical cost for pregnancy and delivery to the respective parents, it enhances and promotes family value and parental responsibility.

In that final line, it appears that these legislators are attempting to legislate family values and parental responsibility.  Interesting because a person who upholds family values would not write or support legislation that would be harmful expectant mothers and innocent children.   

Under this legislation employers would be responsible for paying for all other medical expenses except for those relating to family planning including prenatal care which is essential for the health and well being of an unborn child.  Put any constitutional questions aside, and consider the moral implications. 

From the March of Dimes:

All women need prenatal care. Women who see a health care provider regularly during pregnancy have healthier babies, are less likely to deliver prematurely, and are less likely to have other serious problems related to pregnancy. 

That's all women. Not just women who can afford it. All foreigners. Not just the foreigners who pay to go to Saipan to deliver a U.S. citizen baby as exposed in this post on Korean baby scams.

And from medicalmoment.org:

Every year nearly one million American women deliver babies without receiving adequate medical attention. Babies born to mothers who received no prenatal care are three times more likely to be born at low birth weight, and five times more likely to die, than those whose mothers received prenatal care. 

Did these legislators consider this? Where would a woman without health insurance and making less than $5.00 an hour get affordable prenatal medical care?  What facility would be available for delivery of a baby for those living below the poverty rate who do not qualify for Medicaid? Does the CHC offer affordable care to the indigent population of the CNMI or does the government rely on the federal government to carry these expenses? (Considering those living below the poverty level are the majority of the population of the CNMI, I am not sure they could.)   Are there charitable organizations in the CNMI to help with essential medical expenses for those living in poverty who are not covered by Medicaid?   Are there federal grants and programs available to help share the medical costs of pregnant foreign workers?

Perhaps the legislators are not legislating family values or attempting to "minimize discrepancies of benefits between resident workers and nonresident workers," which actually may be a valid argument. Perhaps they are attempting to legislate birth control to keep down the numbers of U.S. citizen children born to foreign parents.  

From Section C of the bill:

All private sector nonresident employment contracts under this chapter shall provide that the employer is responsible and liable for the insurance or payment of all medical expenses of the nonresident worker, including cost of referral and evacuation for medical treatment outside the Commonwealth, and cost of the embalming and transportation of the body back to the country of origin in the event of death of the nonresident worker....

However, nonresident employers shall not be responsible for any medical costs associated with Family Planning including pregnancies, delivery and prenatal check ups. The employee and his or her respective partner shall be responsible for all costs associated with such medical expenses.

Under this legislation the current law would stand with the exception applying to prenatal care, pregnancies and delivery. The employer will be responsible for all medical expenses including the cost of a "medical referral and evacuation outside the Commonwealth, and the cost of embalming and transportation of the body to the country of origin in the event of death of the nonresident worker." Since there will likely be many more cases when these women will be evacuated for complications due to lack of prenatal care and home births, and likely many more cases of death as a complication of childbirth and lack of prenatal care who will be responsible for these costs, both financial and human?

These legislators accept that an employer would be responsible costs for medical expenses of their employees for medical conditions requiring hundreds of thousands of dollars to treat such as cancer, heart disease or other serious illnesses. Any of these conditions would result in costs far greater than the costs that would be incurred for prenatal care and the birth of a child. Therefore, their motives and intent must truly be examined.

Section 3. Regulations. The Secretary of the Department of Labor shall promulgate rules and regulations to implement the provisions of this Act.

Let's look at Deputy Secretary Cinta Kaipat's declaration to the U.S. District Court of the District of Columbia in support of the Fitial Federalization Fighters'  lawsuit.  She promoted CNMI's local labor law as better than the U.S. law and cited medical care:

The Commonwealth's labor laws have, from their inception, been designed to attract foreign talent and skills; and we have been successful in this effort. Our employment conditions with relatively high wage rates, employer bonding to secure payment of wages, free medical care, a virtually free system to adjudicate labor disputes, and a free ticket back home whenever the employee wanted to go were competitive with labor markets anywhere else in the Pacific Rim area. Skilled people with other options chose to come to the Commonwealth and desire to remain in the Commonwealth.

We all know that is another administration "looks-good-on-paper" statement that is truly crap: relatively high wages? (as compared to third world countries), employer bonding? (that is not enforced), free medical care? (on paper, for most guest workers), a virtually free system to adjudicate labor disputes? (there are fees to file a labor complaint, and no enforcement in administrative orders so most cheated workers do not collect monetary judgments), and a free ticket back home? (if the employer will actually pay for it). 

There is also a chart in Kaipat's declaration that lists the CNMI's guest worker program's best practices as compared to the U.S. guest worker program. "Medical expenses covered" is listed under the CNMI column. That is disingenuous considering how many employers do not pay for their employees' medical expenses. And if this bill passes the adminstration will need to update that chart to read "except for expectant mothers and unborn children."

Currently, one of the major complaints of guest workers is that their employers refuse to pay for medical care or threaten that they will not be renewed if they do not agree to bear the costs of their of medical care.  The result? Thousands of foreign workers go without medical, dental or eye care or rely on natural remedies.   I interviewed workers who had serious diseases that went untreated; workers who were refused off-island care; workers who had cost for prenatal care and deliveries deducted from their paychecks; workers on Rota who had to pay their own costs to fly to Saipan for dental care; workers who go without high blood pressure and diabetes medication because their employers won't pay for their prescriptions and checkups, and on and on.  

Recently, there was a sad article in the Marianas Variety article that illustrates what happens when a person has no access to medical care:

One of the former garment workers who sued L&T International Corp. for discrimination is in critical condition at the Commonwealth Health Center after having been diagnosed with tuberculosis.

Guadalupe Gonzales, 59, has been comatose since she was rushed to CHC last Feb. 17.

She remains hooked to a ventilator, and her prognosis, according to the attending physicians, depends upon the improvement of her brain and lung functions.

Gonzales is one of the 76 garment workers who filed a complaint with the Equal Employment Opportunity Commission against Tan Holdings’ L&T for discrimination in 2004.

They said their employer constantly subjected them to age and race-related verbal harassment and was engaged in a pattern of terminating or refusing to renew employment contracts of pregnant female employees.

Gonzales’s former co-worker, Mila Sapiandante, told Variety that her friend, a single mother, wants to go home to see her three children in the Philippines.

She said she, Gonzales and the other former L&T workers have been surviving with the help of friends.

What is the responsibility of L&T and the millionaire owner?

When people cannot afford healthcare and receive none, not only are they adversely impacted, but the whole community is put in danger as communicable and dangerous diseases spread. Let the three legislators who support HB 16-232 address that in their legislation.  Legislating to put unborn children and expectant mother at risk? Unconscionable.

The Universal Declaration of Human Rights, adopted by the United Nations in 1948, proclaimed:

“Everyone has the right to a standard of living adequate for the health and well-being of oneself and one’s family, including food, clothing, housing, and medical care.”

How could foreign workers reach that standard of living in regards to even just medical care? What responsibility does the local government have in seeing that this standard is met? The local government is bringing these foreign workers to the CNMI and supporting a system that pays them low wages and keeps them bound to one employer that makes it impossible for them to earn enough to cover costs of their medical care. Have these legislators considered allowing them to have more than one job?  Have they looked at federal grants to cover costs for guest workers' health care? Have they considered studying a health insurance program for guest workers.  Have they considered other solutions?

This is another CNMI law that will make the chasm between the disenfranchised and franchised in the CNMI deeper. It illustrates the need to give the foreign workforce a path to citizenship so eventually they would have some protection under federal laws and programs; so they would not be chained to one employer and could work multiple jobs and be better able to bear some of the costs of their health care.  What are these three possibly thinking?

Update: Read an interview by the Saipan Tribune with Rep. Ralph Torres.

Social Security Cards for Sale & Fake Passports

March 14, 2009

Selling Saipan Social Security Cards

An investigation of the sale of thousands of social security cards issued to Saipan workers and then sold in the U.S. mainland for criminal activity is part of an ongoing FBI investigation according to the Saipan Tribune. The paper said that Bridgette M. Camacho, district manager of the Social Security Administration on Saipan said, "Because of the ongoing probe by the Federal Bureau of Investigation, SSA cannot comment on the issue, based on guidance from the SSA regional office after consulting with the Chicago Regional Office, the Chicago Office of Inspector General, and the National Press Office."

In January 2009, I reported that a crime syndicate was busted in the East Coast of the U.S. in the post, Crime Syndicate has CNMI Ties. The investigation led to 17 being arrested.

The Washington Post (January 2009) revealed:

The agents then met a friend of Cho's named Dong Young "Dereck" Shin, 47, who was in the business of selling Social Security cards, court records say. The cards were issued to Chinese nationals in the Mariana Islands to allow them to work, Ramsey said, but recipients were selling them, sometimes with passports of family information.

The Social Security cards were then used in the continental United States to obtain driver's licenses and credit cards. And then mortgages. Special Agent Ashan Benedict said people were able to establish good credit scores by making timely payments for months or years, all under false identities.

The investigation also uncovered a Department of Motor Vehicles employee in Illinois who was knowingly providing fake driver's licenses to people, often from Virginia. Those people would then trade the Illinois license for a legitimate Virginia license.

"Identity fraud really is a national security matter," Benedict said. "They're living here as a normal citizen. Is that the only thing they're going to do? Or are they a sleeper cell, are they up for criminal activity?"

The syndicate stretched to Chicago where thousands of social security cards starting with the number '586' were were being sold to illegals wishing to get a driver's license. In February 2009, I reported that the Chicago arm of the syndicate was busted in a post entitled, 586: Saipan Connections to Chicago Crime Syndicate.

From the February 27, 2009 post:

From the 156-page Criminal Complaint filed today in the US District Court of Northern District of Illinois (emphasis added):

Further investigation of the social security account cards utilized by this criminal enterprise has revealed that a large portion of the cards were originally obtained, through legal means by Chinese nationals temporarily working in Saipan. Upon the return of these temporary workers to the PRC or while still in Saipan, their issued social security account cards were collected and transported in bulk to the U.S. for eventual use by this criminal enterprise.

From the Atlanta Examiner:

The identity kits included a counterfeit or genuine but altered Chinese passport, prosecutors said. The passports were matched to legitimate Social Security numbers, many acquired by Chinese nationals working on the Pacific island of Saipan.

A photo of the buyer was inserted in the passport along with one of the legitimate Social Security numbers and bogus proof of residency such as a utility bill, prosecutors said. They were then taken to driver's license facilities.

Fake U.S. Passports Easy to Get

GAO, the investigation branch of the Congress, reported that fake passports are easy to get and proved it by conducting four tests using falsified information. All four attempts at passing false information and documents netted the investigator passports.

CNN reports:

Individuals with "even minimal counterfeiting capabilities" can obtain genuine U.S. passports, which can be used to travel overseas, open bank accounts and prove U.S. citizenship, the GAO report says.

In the "most egregious" case, it says, the investigator used the Social Security number of a man who died in 1965 to obtain a Social Security card. In another case, he used the Social Security number of a 5-year-old child and obtained a passport, even though his counterfeit documents and application indicated he was 53 years old.

"A U.S. passport is a key to virtually anywhere in the world," said Sen. John Kyl, R-Arizona. "It is very troubling that in the years since the September 11 attacks someone could use fraudulent documents to obtain a U.S. passport."

Kyl and Sen. Dianne Feinstein, D-California, both members of the Senate Judiciary Committee's subcommittee on terrorism, requested the test.

The investigator used the counterfeit documents to obtain a genuine Washington, D.C., identification card.

For three of the tests, the undercover investigator submitted passport applications and supporting materials at U.S. Postal Service locations that accept passport applications.

For the remaining test, it submitted the application and materials to the State Department's regional passport office in Washington.

"State and USPS employees did not identify our documents as counterfeit in any of our four tests," the GAO report says. The State Department "issued a genuine U.S. passport in each case."

"All four passports were issued to the same GAO investigator, under four different names," it says. The tests occurred between July and December of last year.

The AP reports:

Criminals and terrorists place a high value on illegally obtained travel documents, U.S. intelligence officials have said. Currently, poorly faked passports are sold on the black market for $300, while top-notch fakes go for around $5,000, according to Immigration and Customs Enforcement investigations.

Fake Passports Online

Fake passports are not only a problem in the U.S. This week the Australian press reported that over 100 illegal Chinese workers have been discovered in the Australian meat industry. From the Austalian Network News:

Australia's immigration minister, Chris Evans, says an operation across the country's eastern states has uncovered an alleged labour hire racket within the meat industry.

The investigation followed a tip-off about Chinese workers being brought into Australia to work unlawfully in meatworks.

Senator Evans says a case of alleged identity fraud has also been identified which is believed to be widespread, coordinated and targeted the meat industry specifically.

He says the immigration department believes up to 100 illegal workers are involved in the racket.

The suspected ring leader has been identified and a large amount of evidence, including fake passports, has been seized.

Another March 2008 article from the Brisbane Times reported that websites are selling fake passports and driver's licenses for the U.S., Australia, Brazil, Canada, U.K., Belgium, France, Germany and other countries. Buyfakepassports.com claims:

Our passports produced with high quality and have no difference from the original documents. We accept all security features like special paper, watermarks, security threads, intaglio printing, microprinting, fluorescent dyes, color-changing ink, document number laser perforation, latent image, laser image perforation while producing passports.

There is also a possibility to affix almost all kind of stamps into the passports. The price for this service should be discussed with our operator and may be variable.

Attention! There is a new option of document duplicates producing, i.e. cloning of the real existing document but with your photo. We select suitable document from our database considering on your age, sex, nationality, ect. This service is available for not all countries, pricing is not fixed too.

The main page states that "your privacy is 100% guaranteed." They have a sample page that shows the different passport from each country, a question and answer page, an order page, a services pages and a news page.

The order page lists states how the payment is to be made and details the terms of agreement.

A March 10, 2009 Brisbane Times article reported:

The site asks for 750 euros ($1500) to be sent in installments to Chisinau, Moldova, via money order services, Western Union or money gram.

The anonymous operators of Buyfakepassports told AAP via email that their passports would "successfully pass all existing tests, like UV-test, MRZ (Machine Readable Zone) check, machine check and so on".

"In fact we haven't got any complaints from our customers on the problems with customs, airports or any other law authorities during travelling.

"We also provide [the ability] to affix almost all kind of stamps into the passports to make you feel more confident."

The number of improperly documented arrivals at Australian airports varies year to year.

In 2007-08, Australian officials overseas detected 128 improperly documented arrivals, while 143 were detected at Australia's entry points.

Between 2004 and 2008, Iraq, China and Sri Lanka were the most commonly claimed nationalities.

The article stated that there was another fake passport website, fakepassports.org. This site seems radical:

Passports are connected with the right of some protection abroad by the government of the country of which one is a national, and with the right to enter the country of which one is a national. However, the right of protection does not arise from a passport, nor does the right to enter. Each right arises from nationality. A passport proves the nationality of the bearer, and, consequently, their right of protection and right to enter.

In modern times, the passport has become a symbol of national sovereignty and control by each nation-state. That control works both for citizens within a nation and all others outside. All nations thus collude in the system of control of travel rather than its freedom. If freedom of travel is one of the essential marks of the liberated human being, as stated in the Universal Declaration of Human Rights, then the very acceptance of a national passport is the mark of the slave, serf or subject.

Your personal privacy is your fundamental right, but in today's modern technological world, it is too often compromised. Nobody likes being hassled. An alternate identity might be just the thing to avoid unwelcome attention.

You may have a multitude of additional reasons why your true identity could put you in an undesirable position, particularly if you are high-profile and wealthy. You can never actually know before some nasty streak of events whether you are really in safety or not. Think of all the possibilities inherent in a social and political system based on conformist and permanent state controlled brainwashing. And if that's not enough: how about the IRS or your local equivalent to that agency?

But persevere and you will be well rewarded. Be aware that the storm clouds of future fiscal and personal oppression are already appearing on the political and legal landscapes of many formerly civilized nations. Getting a second passport now might prove to be one of the best insurance policies you ever buy.

Just don't leave it too late. Good luck !

Here are the other pages from this site.

Aren't these types of businesses illegal?