Goodbye to the Decade With No Name

December 31, 2009

The first decade of the century 2000-2009 remains virtually nameless. Maybe it should. As far as decades go, this was by far the least favorite decade of my lifetime. In fact, the first ten years of the new century have contained more lows than highs.

Other decades are labeled under collective names such as the 70's, 80's or 90's. Just mention the revolutionary sixties and images and words flood the mind - flower children, civil rights, Woodstock, music, and assassinations.

What will this last decade be called? The oos? The zeros? The 2000s isn't a good name. That could mean all of the years between 2000 and 2099. Maybe it should be defined by a name like the roaring twenties. We could call the 2000s the decade of greed, ten years of disaster, the decade of stress and excess, tens years of financial and moral bankruptcy, or perhaps the sucky, yucky decade. What would you name it?

Whatever it's called, I slam the door on the years 2000 to 2009. Goodbye Jack Abramoff, Ken Lay, and Bernard Madoff. Adios Bush, you election thief. (I wonder what the decade would have been like if Al Gore had actually been inaugurated. Sigh.) Sige tsunamis, hurricanes, typhoons, earthquakes, floods, droughts and volcanoes. Later wars, terrorism, murderous rampages, suicide bombers, pirates, and senseless killings. Ta-ta greedy bankers, piggy insurance companies, Wall Street thieves, democracy-stealing lobbyists and scheming mortgage brokers. Farewell to some special people who passed on this decade: Senator Edward Kennedy, Michael Jackson, Walter Cronkite, Jun Toves, crew of the space shuttle Columbia, George Harrison, Rosa Parks, Ray Charles, Benazhir Bhutto, John Updike, Paul Newman, Katharine Hepburn, and my mom.

Sayonara zero decade. Too bad no door can ever really be shut on a time period. The wars, political unrest, greed, epidemics and despair are already seeping under the cracks of the door into the next decade.

Still there were a few positive events that glittered through the darkness of this gloomy decade. My picks may not be yours, but here are my bright spots. After years of dedicated work, PL 110-229 became law. Barack Obama was elected the first black president, and Nani and I were lucky enough to attend the inauguration and festivities. President Bush designated the Marianas Marine National Monument which is sure to preserve the beauty and marine life and to increase tourism in the CNMI. Gregorio (Kilili) C. Sabaln became the first elected non-voting delegate to the U.S. Congress. The Red Sox won the World Series twice. On a personal level, I met some amazing people and made many new friends. I was able to reconnect with some old friends too. Some of our children graduated from high school and college, two were married and our two amazing grandchildren were born.

The decade featured some excellent films including Slumdog Millionaire, Eternal Sunshine of the Spotless Mind, Wall-E, Milk, the Harry Potter series, The Lord of the Ring series, and Finding Nemo.

My favorite books from the last decade: The Wrecking Crew by Thomas Frank, Nickeled and Dimed by Barabara Ehrenreich, the Harry Potter series by J.K. Rowling, An Inconvenient Truth by Al Gore, Ethics for the New Millennium by His Holiness the Dali Lama, The Da Vinci Code by Dan Brown, The Audacity of Hope, by Barack Obama, The Human Cost of Food by Thompson and Wiggens, Last Child in the Woods by Richard Louv, and Harvest for Hope by Jane Goodall.

A few of my favorite visual artists of the decade are Tomas Concepcion, Romero Britto and Marconi Calindas.

I don't watch much television except news, history and nature-themed shows, but some good entertainment came from Jon Stewart and the Colbert Report. Reality TV is too fake for me to tune in to, but it is notably rooted in this decade. My vote for the very best TV performance for the decade goes to Tina Fey portraying Sarah Palin.

Some sounds worth cranking up the volume on came from composers and performers including Yo-Yo Ma, Coldplay, Muse, White Stripes, Radiohead, Green Day, Joanna Newsom, Black Eyed-Peas and of course, Boboy and Asin.

A few new inventions and discoveries: i-phone, i-pods, DVR, online airplane check-in, Twitter, Facebook, You-tube, genome sequencing, stem cell research, and (oh no!) Pluto got eliminated from the planet category. A few words were born from the decade's cultural and political happenings: hanging chad, unfriend, spyware, ginormous, supersize, snail mail, spam, and troll.

Here's the best overall review of the "no name decade":

NOTICE FROM FEDERAL OMBUDSMAN

December 30, 2009

NOTICE
Anyone who did not receive an umbrella permit from DOL needs to make an appointment with the Federal Ombudsman Office over the next two weeks for assistance.

Also, all persons holding umbrella permits with a date to report in January need to go to the Federal Ombudsman Office for assistance. (Marina Heights II Building, Suite 203, Middle Road.)

For more information, call the Ombudsman's Office at 322-8030. Filipinos please contact Cris at 483-8034 and Glen at 483-8035, Chinese please contact Li at 483-8037 and Bangladeshi and Nepalese please contact Ripon at 483-8033.

Alien Registration
As of last night midnight, data entry was completed for 19,811 aliens. This figure includes guest workers, IRs, foreign business owners, students and "illegals." There are about 1,500 to 2,000 more registrations to enter. The estimated total of 21,000 to 22,000 far exceeds even the projections of the Ombudsman's Office. The data entry should be completed today.

Ladera Violates DOL Order

December 30, 2009

The Ladera International School of Saipan (LISS), which has had two major lawsuits filed against it this year, is now in the news for noncompliance of a labor order. The Marianas Variety reports:

Ladera had until Nov. 27, 2009 to pay its former “dorm manager” Yang Kyu Shin, a.k.a. Brendon, $5,394.21 in unpaid wages, both regular and overtime, and improperly withheld tax.

“A failure to timely pay the amount awarded…shall cause [Labor] to invoke a denial of any now pending or later submitted employment applications by [ILC Corp.] for employment of foreign national workers in the commonwealth,” stated Hearing Officer Herbert D. Soll in his five-page administrative order, dated Nov. 6, 2009.

Some teachers reported earlier this month that their pay was routinely late. Others reported that the school has ties with the CNMI Division of Immigration and reported that the agency has "fixed" papers on behalf of the school.

The school continues to be endorsed by Governor Fitial and his greetings remain on the LISS website along with an endorsement from the Marianas Visitors Authority. The school was hailed as part of the Fitial Administration's efforts in promoting the CNMI as a edu-tourist destination.

LISS is being sued by the former principal, Richard Nigh and also by a former employee who charged the owners with several serious charges including human trafficking. Attorney Loren Sutton is representing both clients.

Brendon said he needs the money that is owed to him. He has been living on Saipan for nine months without a job and thanked his friends who have helped him. From the Variety:

He left LISS in March after failing to receive his salary for two months. After terminating his employment, he sued its owners.

Brendon said he has been jobless the past nine months.

“It’s hard to live and very hard to get a job on Saipan because of the economy. I thank my friends and other people for helping me,” he added.

Brendon said he arrived on Saipan as a tourist in Jan. 2008 and was retained by Ladera as its “volunteer” for 11 months.

He was eventually hired as a contract worker on Dec. 11, 2008.

Brendon said he did not receive any days off and that he was on call 24 hours a day as their “dorm manager.”

Brendon said he checked with the Division of Taxation and Revenue and found that the tax withheld from him was never paid by LISS.

I was informed that many tourists have entered the CNMI on Visitor Entry Permits and later they were authorized for contract employment, granted a student or educational permit, or converted to business entry permit holders.

It's really time there was a complete investigation of this school.

See also these related stories:

New Case Filed Against Ladera School

Ladera International School of Saipan Update
Governor Intervention in Human Trafficking Case?

Blue Moon May Stir Mayon Volcano

December 30, 2009

Being a curious person, I can understand tourists taking photos of Mayon volcano, which has been deemed ready to have a major eruption. But crossing over securities lines to snap photos? Scary.

World News reports that hotels around the volcano are fully booked and tourists are risking their lives to go into the "danger zone" to watch the lava flows and volcanic fireworks. They risk being roasted like marshmallows. From the article:

When a volcano erupts most people take to the hills and get as far away as possible.

But officials in the Philippines have expressed their amazement at the stupidity of tourists who are flocking in their thousands to fields around a dangerous volcano so they can photograph its spectacular lava flows.

Scientists say that Mount Mayon volcano is on the brink of erupting and anyone within a five-mile radius would probably be killed by lava raining down on them if it did.

'They are tempting fate. The volcano could erupt at any moment and they won't get out of there fast enough.'

Officials have tried to keep the tourists out but there is such a market for guides, locals have been making good money making the dangerous journey with them.

Even an elected official of Legazpi City has been accused of being involved in taking tourists into the danger zone. Councilor Celoy Chan has reportedly been renting his All Terrain Vehicles and even escorting tourists into the danger zone. However he claims that the tours are outside the zone.

Legazpi City, Sto. Domingo and Daraga are considered to the towns that are most threatened by lava flows according to a diagram (above) created by scientists at the Philippine Institute of Volcanology and Seismology.

Meanwhile 47,000 evacuees remain in 29 shelters awaiting the volcano's eruption. The U.S. gave $100,000 in disaster relief assistance for the families. The funds will support food, water and shelter for the evacuated people.

Others claim that the full moon on New Year's eve may be the cause for the expected dangerous eruption. From the Manila Bulletin:

Resident volcanologist Ed Laguerta admitted that there were cases in the past when major eruptions of Mayon occurred during full moon or what volcanologists called as earth tide, a time when the moon is closer to the earth and its gravitational pull stronger.

“Statistically, it happened in the past. So it is accepted as a trigger factor,” Laguerta said.

This was echoed by July Sabit, spokesman of the Philippine Institute of Volcanology and Seismology, saying the gravitational effect of a full moon could help draw magma out of the Mayon crater.

Laguerta and Sabit, however, said a January 1 eruption is just a possibility.

Director Prisco Nilo, head of the Philippine Atmospheric Geophysical and Astronomical Services Administration (PAGASA), said the only effect of the full moon is a stronger gravitational effect, the explanation of the occurrence of high tide.

“The moon is always out there but it is closer in areas where it is seen in full view,” said Nilo.

Hopefully, the volcano will erupt quickly and revert to its dormant state so the evacuees can return to their homes.

Once in a Blue Moon

The full moon on December 31st is a called a "blue moon." Not because it will be blue, but because the appearance of a second full moon within the same month is a rare occurrence. The last blue moon was in May 2007 and the last blue moon on New Year's Eve was in December 1990. I actually remember that night!

CNMI News Bites

December 29, 2009

CNMI to Repatriate Body

The CNMI government has finally decided that it will pay for the remains of Evaristo Flores to be flown back to the Philippines. Mr. Flores died on November 6, 2009. In an act of defiant disrespect the CNMI DOL ignored pleas from the widow, Ombudsman Office and Philippine Consulate to expedite the handling of the matter of repatriating the body until this week. Almost two months after his death, the CNMI government will pay for the Mr. Flores' body to be flown to Manila. I was told that the Philippine OWA will cover the expenses from Manila to the family's home province.

By law, the employer of last record is responsible for repatriating the body of the foreign employee. Helen Sablan, Director of the Medicaid Office was the employer of last record and allegedly reported that she lacked the funds to fulfill her legal and moral obligation.

I am glad that the CNMI government has finally decided to do the right thing, yet many questions remain. Will the employer be prosecuted for violating labor law? Will the cost of the repatriation be deducted from her pay checks? Will she be fined by DOL or will she walk free like the thousands of other employers that cheated contract workers of fair wages and/or subjected employees to other abuses? Will the CNMI DOL finally realize that they must have funds available if such cases arise in the future? Have they learned anything from this or will this situation continue to arise from time to time as it has for decades? Will the law be changed to include a time limit so proper respect is paid to the former worker and his/her family members? We will probably never have these questions answered. DOL finds it difficult to respond to inquiries.

Alien Registration Ends

Midnight marked the end of the alien registration at the Federal Ombudsman Office. An estimated 19,000 foreigners registered. The registration process lasted for 16 days beginning on December 14th. Leaders of various guest worker groups assisted with the registration on Saipan, Tinian and Rota. Employers also assisted by submitting the registration forms for their employees. The flexibility of the ombudsman's office in accommodating the aliens helped to ensure the smooth process.

Class Action Retirement Lawsuit

The plaintiff's filed an Opposition to Defendant's Motion to Dismiss in the lawsuit against Governor Fitial in the Retirement lawsuit.

The document states:

The CNMI government, while obligated by CNMI and Federal law to subsidize
the NMI Retirement Fund, has opted instead to brazenly ignore and violate that law, and by so doing to knowingly effect a role reversal by which the Fund has instead subsidized the CNMI government to the tune of hundreds of millions of dollars...

Recognizing that the current CNMI governor has appointed all current Board
members, who in turn authorize the hiring and retention of Board and Fund personnel including attorneys, there is little surprise but considerable disenchantment when these public officials under feigned guise of arms’-length dealing, effect collusive decisions and policies, while engaging in business and operational activities evincing little if any objective regard for fiduciary obligations generally, or the imperilled well being of the Fund assets and beneficiaries specifically.

The motion argues that: standing capacity and jurisdiction are adequate; the fund may be sued; equitable redress is available and necessary; the plaintiffs may sue and proceed anonymously, the plaintiff can seek injunctive relief, the conspiracy claims are legally sound, the plaintiff's injuries are sufficiently alleged, supplemental jurisdiction is warranted and essential, and taxpayers have the right to sue the CNMI government.

Notices from USCIS

December 28, 2009

Some public notices from the USCIS. (Please click on the images to enlarge.)

USCIS Combines Appointments for Rota and Tinian Applicants

Applicants from Rota and Tinian Have Biometries Taken at Interview Appointment

SAIPAN, CNMI- U.S. Citizenship and Immigration Services (USCIS) advises applicants for immigration benefits in the Commonwealth of the Northern Mariana Islands (CNMI) who live in Rota or Tinian that appointments for biometrics and interviews have been combined into one. USCIS did this to minimize the expense people face in traveling to Saipan twice for separate biometrics appointment and interview.

If an applicant in Rota or Tinian who is awaiting an interview receives a notice of a biometrics appointment, he or she can ignore that notice and have the fingerprints and photograph taken the day of the interview.

For more information about immigration benefits or to check the status of your application, please visit www.uscis.gov or www.uscis.gov/cnmi; contact USCIS Customer Service at 1-800-375-5283; or make an appointment at www.uscis.gov to visit the USCIS office at TSL Plaza in Saipan.

Press Release

USCIS Advises CNMI Public to Use P.O. Box on Immigration Applications

If you filed Advance Parole without P.O. Box, Pick up Travel Document at ASC Saipan

SAIPAN, CNMI- U.S. Citizenship and Immigration Services (USCIS) advises people in the CNMI who submit an immigration application to use their Post Office Box where the immigration form asks for a street or physical address. This is very important as applications that do not use P.O. Boxes are returned.

Also use your P.O. Box when requesting Advance Parole on the 1-131 Application for Travel Document or your application will be delayed. If an applicant has already mailed another type of application - other than for Advance Parole -to USCIS using a street name, it is important to complete a change of address. There are four ways to do change your address:
1. Complete a Change of Address on-line at www.uscis.gov/addresschange
2. Call USCIS Customer Service at 1-800-375-5283
3. Make an InfoPass appointment on-line at www.infopass.uscis.gov to visit the local USCIS ASC in Saipan
4. Send an e-mail to uscis.saipan@,dhs.gov.
If you have a pending application or petition and are & a U.S. citizq you must also complete a paper or electronic AR-11 Change of Address to change your address in our master database. This form is available online at www.uscis.gov; by mail through USCIS Customer Service at

1-800-375-5283; or at the USCIS office at TSL Plaza in Saipan.

USCIS is the agency in the U.S. Department of Homeland Security (DHS) that handles immigration benefits.

ALIEN REGISTRATION ENDS AT MIDNIGHT

December 28, 2009 (December 29, 2009 Saipan time)

The Federal Ombudsman Office has announced that the alien registration will end tonight at midnight. Anyone who has not registered should register today!

The total number of aliens who have registered to date has reached close to 19,000!

Some questions and answers on the alien registration:

• What is the function of the federal ombudsman office? The federal ombudsman office was established by the U.S. Department of Interior to assist the foreign contract workers.

• Is the information I give confidential? All matters brought to the federal ombudsman's office are strictly confidential.

• If I am considered "illegal should I register? No one should fear the alien registration regardless of "status." However, if any person has questions please feel free to call the Ombudsman's Office at 322-8030. Filipinos please contact Cris at 483-8034 and Glen at 483-8035, Chinese please contact Li at 483-8037 and Bangladeshi and Nepalese please contact Ripon at 483-8033. The federal ombudsman made this statement concerning "illegals": "I would like to respond to the misinformation being circulated by some here in the CNMI. The umbrella permit did not grant any status under federal immigration law. Further, only the Attorney General of the CNMI has the authority to grant immigration status under CNMI law. AG Buckingham granted conditional umbrella permits to close to 1,000 aliens. The AG's umbrella permits provided legal status to every recipient as of the federal takeover. None of them are "ILLEGAL" under federal law since they were legal under CNMI law. This of course will be debated by others but to what avail is not clear."

• Why is there a registration? The registration being conducted by this federal office is for the purpose of gathering accurate and specific information for the report that the U.S. Department of Interior. From the Consolidated Natural Resources Act (P.L. 110-299):
  "Report on Nonresident Guestworker Population- 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 enactment of the Consolidated Natural Resources Act of 2008. The report shall include--
  (1) the number of aliens residing in the Commonwealth;
  (2) a description of the legal status (under Federal law) of such aliens;
  (3) the number of years each alien has been residing in the Commonwealth;
  (4) the current and future requirements of the Commonwealth economy for an alien workforce; and
  (5) such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted guest workers lawfully residing in the Commonwealth on such enactment date to apply for long-term status under the immigration and nationality laws of the United States." The registration form addresses these specific questions and will make it possible for the DOI to submit an accurate report and recommendations.

• Do advocates and worker groups support the registration? The registration is supported by worker advocates and worker leaders who have been assisting with getting the word out and with the actual registration. Worker leaders and advocates were briefed on the registration and the purpose. We are excited that this process is underway and encourage everyone to help to get the most accurate information possible to the DOI by registering.

• Are employers supporting the registration? Employers are also assisting by gathering forms from their employees and their employee's alien family members and getting them to the ombudsman's office.

• If you registered prior to the scheduled date listed in the notice do you have to return to the ombudsman's office on the date you were scheduled to register? No!

• For more information, call the Ombudsman's Office at 322-8030. Filipinos please contact Cris at 483-8034 and Glen at 483-8035, Chinese please contact Li at 483-8037 and Bangladeshi and Nepalese please contact Ripon at 483-8033.

Here is the alien registration form. Click on the image to be able to print:

On some federalization issues

December 27, 2009

"Everywhere immigrants have enriched and strengthened

the fabric of American life. " - John F. Kennedy

USCIS regional media manager, Marie Thérèse Sebrechts, told the Marianas Variety that the transition has been progressing smoothly. Since November 28, 2009 the USCIS-Saipan office has served over 830 people who were requesting information on the new immigration system. She also said that the office processed over 400 applications for green cards or permanent residency, and handled 48 cases for naturalization.

Under the new transition rules, all nonresidents who are staying legally in the CNMI must get advance parole in order to travel to their homelands for vacations, or personal or medical emergencies. The cost of the paperwork is $305.00. Many of the comments made concerning the new transitional worker rules are directed to this specific rule.

Ms. Sebrechts encouraged interested parties to submit comments:

Sebrechts said, so far, DHS has received at least 150 comments for the regulations, which will create a new classification for foreign workers in the CNMI — the CW-1 status.

This will be made available to CNMI foreign workers who are not eligible to be admitted in any of the currently existing U.S.-based employment programs.

Sebrechts said once the comment period ends, DHS will consider them before publishing the final regulations that will be adopted for implementation.

“All these comments will be considered to develop the final rule.  It is impossible to guess how long it will take for each comment to be reviewed, considered and, if appropriate, integrated into the final rule,” she added.

She urged the public to express their thoughts or concerns regarding the proposed regulations.

“Please remember that people are invited to participate by submitting written data, views, or arguments on all aspects of this rule, including the economic or federalism effects that might result from this rule. Comments that provide the most assistance will reference a specific portion of the rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change.  A complaint that does not provide details of practical solutions would not be helpful, for example,” she added.

You can write a comment until January 8, 2010. The rule and comment instructions are found at http://www.regulations.gov (search for USCIS-2008-0038). Let your voices be heard!

During the transition period from November 28, 2009 to November 28, 2011 the USCIS recognizes the employment and umbrella permits issued by the CNMI DOL and the OAG, however the employment of foreigners is under federal control. From the Marianas Variety:

Marie Thérèse Sebrechts, DHS-USCIS regional media manager for Southern California, Arizona, Nevada, Hawaii, Guam and the CNMI, said DHS fully recognizes the employment authorization of CNMI Labor during the transition period.

“The employment authorization of aliens in the CNMI, which is related to immigration, is now a matter of federal law,” she said. 

“However, for a two-year period following the Nov. 28, 2009 transition to federal immigration law, federal law authorizes aliens to work based on the employment authorization they had received under CNMI law as of the transition date,” she added.

The USCIS is the DHS agency tasked to grant foreign workers in the CNMI federal status upon the nomination of their employers.

“The U.S. Department of Homeland Security fully recognizes employment authorization based on that provision. The U.S. Department of Labor or DOL administers federal employment and labor laws. A local or state department of labor administers state employment and labor laws for which it is responsible and which might differ from the federal equivalents,” Sebrechts added.

On "End of an Era"

Much of what Marianas Variety editor Zaldy Dandan wrote in his editorial, End of an Era is based on incorrect information or assumptions. It sounds like it was written after a conversation with attorney Woodruff.

There is nothing set in concrete as far as permanent status for the guest workers and nonresidents. Everyone should know that! The U.S. Congress can decide to grant green cards or permanent status under the CIR (Comprehensive Immigration Reform), in a stand alone bill or they may decide not to grant status. I believe that they will. Why? Because I talk to people in Washington and I correspond with federal officials.

Zaldy gives too much credit to Rep. Neil Abercrombie (D-Hawaii) and the Guam legislature for having been responsible for the removable of the grandfathering provision from the legislation. While they played a role, the removal was absolutely, verifiably orchestrated by the Fital Administration and his paid and unpaid lobbyists. It was the Fitial Administration's team who was responsible for getting their Guam legislators and nativist groups onboard with the ridiculous notion that Filipinos would invade Guam and Hawaii. Racist Resolution 80 endorsed by the Guam Legislature was penned as a result of Fitial administration suggestions.

After the Fitial Administration successfully lobbied to remove the grandfathering provision from the CNRA, the door was left open with the insertion of this often quoted provision:

From the Consolidated Natural Resources Act (P.L. 110-299):

Report on Nonresident Guestworker Population- 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 enactment of the Consolidated Natural Resources Act of 2008. The report shall include--
(1) the number of aliens residing in the Commonwealth;
(2) a description of the legal status (under Federal law) of such aliens;
(3) the number of years each alien has been residing in the Commonwealth;
(4) the current and future requirements of the Commonwealth economy for an alien workforce; and
(5) such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted guest workers lawfully residing in the Commonwealth on such enactment date to apply for long-term status under the immigration and nationality laws of the United States.

The alien registration was initiated to assist in writing that mandated report. Zaldy said, "But suddenly, and right in time for the holidays, the federal ombudsman announces that aliens in the CNMI should register with her office. It was like a massive jolt of electricity that breathed life into the Frankenstein’s monster that guest workers call “hope.”

What do Zaldy and the pessimistic naysayers have against hope? Hope motivates people to take action. Hope is the catalyst for change. Hope is the noise in the squeaky wheels. Hope has been the foundation for every great movement in history. I agree with President Obama who said:

"In the United States of America, there has never been anything false about hope...In America, no dream is beyond our grasp if we reach for it, and fight for it, and work for it. Because hope is not blind optimism."

Enough with putting down hope or people who have the strength to hope and work to makes their dreams become realities.

The registration was not timed with the holidays as Zaldy implied, but was timed so that the congressional report from Interior could be written with accurate estimates before May 10, 2010.

How did Woodruff help by telling people to stay away from the Federal Ombudsman's Office? Did Woodruff, Zaldy or the others questioning the alien registration ever dialogue with Pam Brown before dispersing misinformation? If they had called her they would have known that no information will be used to deport any alien as Woodruff suggested and Zaldy are blindly claiming. Are they truly so ignorant of federal processes that they think the DoI, DHS, USCIS, DoJ, DoL, DoS and members of Congress and their staffers do not communicate with each other? Do they think that the ombudsman decided on a whim to create an alien registration without consulting with her superiors or other federal officials?

Pam Brown made it abundantly clear that the ombudsman office has no intention of revealing confidential client information despite what Woodruff suggested. Will nonresidents who do not register be eligible for any status upgrades? I would check that out with the ombudsman's office before I decided not to register.

Zaldy said:

Immigration reform will be the likely vehicle for any NMI guest worker status bill. But will it pass in an election year? Will the NMI delegate, for example, put his neck on the line for nonvoters? Abercrombie is resigning to run for Hawaii governor, but does that mean that the state’s other U.S. lawmakers will not oppose improved status for CNMI guest workers who are considered “competition” by the unions in Hawaii — and Guam?

I work in the U.S. very actively with migrant worker and immigration associations and organizations. I correspond with congressional staffers and others concerning the CIR. I do not expect it to pass easily, but it is also not the only legislation that can be passed to give status to long-term workers and nonresidents. Right now the best thing that the nonresidents workers can do is to have a united voice and stand firm in insisting that all longterm guest workers and nonresidents be given permanent U.S. status. The issue will be addressed this year.

The CNMI Delegate may not have to openly support status for legislation to pass. There are many congressional supporters, including those who championed the federal legislation for decades. In the end, will Congressman Sablan openly support status for all long-term nonresidents? It is hard to say. He is a politician, not a human rights advocate. Hopefully, he will decide to be remembered as a principled statesman rather than the typical self-centered politician who acts to ensure votes for future elections. As more CNMI residents are educated to the reality of the federalization bill they may finally realize that the way to ensure a skilled workforce will be to support status for the long term guest workers, so in the end it may not be such a controversial move for Congressman Sablan to support status. Then again, he doesn't have a vote so he could opt to stay in the background and push for status quietly among his colleagues. Again, the best thing that the nonresidents workers can do is to have a united voice and stand firm in insisting that all longterm guest workers and nonresidents be given permanent U.S. status.

Zaldy said:

There is, however, a new factor in this complicated political equation: the CNMI governor who sincerely wants to see guest workers remain in the commonwealth, but under local control. He is no longer running for re-election. He’s a free man, politically speaking. He can actually do what has to be done, what he believes must be done, without fear of any electoral backlash.

Hence, this shift in tactics on the part of the original guest worker advocacy group on island, Dekada.

Another statement begs correction. Dekada was not the "original guest worker advocacy group on island" as Zaldy claimed. There have been strong Filipino guest worker groups for decades. In 1995 some attorneys and advocates worked with the Local-5 and the NLRB in Hawaii to establish the first union in the CNMI. In 1998 we (my husband, guest worker leaders and I) organized the first united worker advocacy group that represented all nationalities of guest workers. The United Worker Alliance was the group that held demonstrations during the staged visit of Rep. Don Young (R-Alaska) and his delegation in February 1999. Abramoff sent the Codel to the NMI to help with his plan to defeat federal legislation as was outlined in his "strategy memo." In addition to demonstrations, the group sponsored petitions that were submitted to the U.S. Congress, corresponded with members of the House and Senate Resources Committees, informed officials in their homelands of illegal recruiters and the ill-treatment of the foreign workers, sent letters to CNMI officials pointing out illegal activities, and worked with federal officials and advocates to institute reform.

Yes, the governor wants to keep his indentured, disenfranchised underclass. What he does not want is for the guest workers to have federal status. If he supported status, he could endorse it right now and it would be be a done deal! The governor is still attempting to maintain the broken local labor system as is witnessed in the last remnants of the lawsuit and suggestion that he "may appeal", and by the CNMI DOL comments posted to the Regulations.gov site. The Administration is using Woodruff and some of the few remaining members of Dekada to help them push their agenda.

Whenever DOL wants to legitimize their broken system, give it credibility or promote it as "better than the U.S. system" they throw in the phrase that they "are working with leaders of guest worker groups" referring to Woodruff and his followers. No other worker leaders have "worked" with DOL because they do not support maintaining the local system and consider it counterproductive to work with their oppressors. They have chosen to work with federal officials and others who support true reform and permanent status for the nonresidents.

If some guest workers want to work with Woodruff and continue to meet with the local government officials or "volunteers" that is absolutely their right. However, Woodruff and this group must make it very clear that they are speaking only for themselves and should not claim to speak on behalf of the 13,000 or more foreign contract workers that they do not represent.

Zaldy called Woodruff's disruptive slam on the ombudsman office a "sensible warning." To the contrary - Woodruff confused matters. How is actively working with the local government and others to turn against the office that is charged with making a recommendation to the U.S. Congress on status for the guest workers sensible? It was considered a divisive and turncoat move by many of the guest workers. It had people in Washington scratching their heads. At any rate, the move seemed to have little impact, as 15,000 nonresidents have already registered with the ombudsman's office.

Wouldn't it be ironic (and extremely sad) if some guest workers and their "leaders" were the ones to screw up their own chances for permanent status by playing games with those who want to keep them permanently in the CNMI as indentured servants with no political and social rights? A united front would be much more advantageous.

Alien Registration Almost Complete: You can still register

December 27, 2009

If you are a nonresident and did not yet complete the alien registration you can still go to the Ombudsman's Office during business hours. Registration will end at midnight on December 30, 2009.

The staff has registered some 15,000 people to date.

Some questions and answers on the alien registration:

• What is the function of the federal ombudsman office? The federal ombudsman office was established by the U.S. Department of Interior to assist the foreign contract workers.

• Is the information I give confidential? All matters brought to the federal ombudsman's office are strictly confidential.

• If I am considered "illegal should I register? No one should fear the alien registration regardless of "status." However, if any person has questions please feel free to call the Ombudsman's Office at 322-8030. Filipinos please contact Cris at 483-8034 and Glen at 483-8035, Chinese please contact Li at 483-8037 and Bangladeshi and Nepalese please contact Ripon at 483-8033. The federal ombudsman made this statement concerning "illegals": "I would like to respond to the misinformation being circulated by some here in the CNMI. The umbrella permit did not grant any status under federal immigration law. Further, only the Attorney General of the CNMI has the authority to grant immigration status under CNMI law. AG Buckingham granted conditional umbrella permits to close to 1,000 aliens. The AG's umbrella permits provided legal status to every recipient as of the federal takeover. None of them are "ILLEGAL" under federal law since they were legal under CNMI law. This of course will be debated by others but to what avail is not clear."

• Why is there a registration? The registration being conducted by this federal office is for the purpose of gathering accurate and specific information for the report that the U.S. Department of Interior. From the Consolidated Natural Resources Act (P.L. 110-299):
  "Report on Nonresident Guestworker Population- 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 enactment of the Consolidated Natural Resources Act of 2008. The report shall include--
  (1) the number of aliens residing in the Commonwealth;
  (2) a description of the legal status (under Federal law) of such aliens;
  (3) the number of years each alien has been residing in the Commonwealth;
  (4) the current and future requirements of the Commonwealth economy for an alien workforce; and
  (5) such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted guest workers lawfully residing in the Commonwealth on such enactment date to apply for long-term status under the immigration and nationality laws of the United States." The registration form addresses these specific questions and will make it possible for the DOI to submit an accurate report and recommendations.

• Do advocates and worker groups support the registration? The registration is supported by worker advocates and worker leaders who have been assisting with getting the word out and with the actual registration. Worker leaders and advocates were briefed on the registration and the purpose. We are excited that this process is underway and encourage everyone to help to get the most accurate information possible to the DOI by registering.

• Are employers supporting the registration? Employers are also assisting by gathering forms from their employees and their employee's alien family members and getting them to the ombudsman's office.

• If you registered prior to the scheduled date listed in the notice do you have to return to the ombudsman's office on the date you were scheduled to register? No!

• For more information, call the Ombudsman's Office at 322-8030. Filipinos please contact Cris at 483-8034 and Glen at 483-8035, Chinese please contact Li at 483-8037 and Bangladeshi and Nepalese please contact Ripon at 483-8033.

Here is the alien registration form. Click on the image to be able to print:

Some Announcements

December 26, 2009

Post a Comment to DHS Rules!

The United Worker Movement-NMI is sponsoring a work session for guest workers to submit comments to DHS. It will be held from 9:00 am to 5:00 pm on Sunday December 27, 2009 at the Fiesta Filipino by Juvy Restaurant. All are welcome to come write a comment. Let your voices be heard!

To submit comments:

You may submit comments, identified by DHS Docket No. USCIS–2008–0038 by one of the following methods:
• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.
• E-mail: You may submit comments directly to USCIS by e-mail at rfs.regs@dhs.gov. Include DHS Docket No. USCIS–2008–0038 in the subject line of the message.
• Mail: Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529–2210. To ensure proper handling, please reference DHS Docket No. USCIS–2008–0038 on your correspondence. This mailing address
may be used for paper, disk, or CD– ROM submissions.
• Hand Delivery/Courier: U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529–2210. Contact Telephone Number is (202) 272–8377.

Holiday Party

The United Worker Movement-NMI and Philcowa are hosting their holiday party at the Fiesta Filipino by Juvy Restaurant at 6:00 pm on Monday, December 28, 2009. Contact Rabby Syed at 285-3306, Ronnie Doca 285-9255 , or Jun Concillado 287-0191 for more information.

Petition

The on-line petition has 2,048 signatures and written signatures total over 2,500! We expect to easily reach our goal of 5,000 signatures. Please join us in requesting improved status for the CNMI nonresidents!

The Saipan Tribune had an article about the petition listing the United Workers Movement-NMI and Philcowa as groups gathering petition signatures. There are also individuals and members of the Human Dignity Movement and Coalition of United Workers, NMI collecting signatures. Thanks to all!

PLEASE SIGN THE PETITION or scan and email signed petition pages to Wendy Doromal: doromal@earthlink.net

Petition powered by ThePetitionSite.com

Kaipat Issues 11th Interim DOL Report to CNMI Legislature

December 26, 2009

The 11th Interim DOL Report has been issued, which is their typical propaganda and spin. Some highlights follow.

On Umbrella permits: The DOL claims that 96% of the foreign workers that were eligible registered for umbrella permits. It also claims that their new "automation system worked very well in printing the permits."

On DOL's Comments: The department highlighted some of the 46-page comments that they submitted to the DHS. They are still trying to make the claim that their broken system should be adopted. Here is the outline of their comments:

Introduction
I. The proposed rule is overly complex, bureaucratic, and expensive. The regulatory task assigned by the statute is simple, and the regulation should be simplified and streamlined to promote compliance and to avoid unnecessary
burden.

II. The proposed rule should support, and not seek to minimize or eliminate, the Commonwealth's innovative and successfully instituted 2007guest worker program that is carefully designed to meet the Commonwealth's needs.

A. The Commonwealth's 2007 labor system is a fair and effective method for operating a successful guest worker program under the unique conditions in the Commonwealth and should be supported by the transitional federal system.

B. The Commonwealth-issued worker permits and Commonwealth-approved employer contracts should be the foundation of the first two years of the transition period, and no reductions should occur during those years.

C. The DHS interim rule should include a basis on which DHS would collaborate with the U.S. Secretary of Labor so as to make the necessary assessment with respect to a five-year extension of the transition period no later than November 201 1 and to make no reductions in the Commonwealth's work force until the Secretary of Labor's determination on an extension has been completed.

III. The proposed rule will hurt U.S. workers, foreign workers, employers and the Commonwealth 's economy. The rule should be revised to minimize these serious adverse effects and increased burdens while the Commonwealth's economy remains in a deep economic depression.

A. The proposed rule will hurt U.S. workers in the Commonwealth by decreasing the job opportunities available to them.

B. The proposed rule will hurt foreign workers in the Commonwealth by imposing new costs and causing a return to the abuses of the past.

C. The proposed rule will hurt Commonwealth employers by imposing improper, unnecessary, and expensive rigidity in the system.

D. The proposed rule will hurt the Commonwealth by increasing greatly the number of out-ofistatus aliens present in the islands with no concomitant federal enforcement capability available to remove them.

IV. DHS should adopt the Commonwealth's proposed revision of the DHS interim rule to make it workable, affordable, and consistent with the statute.

A. Certain of the facts cited in the explanation of the rule are wrong or misleading and should be corrected.

B. Certain drafting conventions and approaches should be changed to make the rule more readable, more easily understood, and more susceptible to ready compliance.

C. The text of the rule should be changed as proposed below to implement the Commonwealth's comments as set out above.

Conclusion

I am working on a comment to the rules, which will address the misinformation presented in DOL's comment that is their typical propaganda and spin.

Also in the 11th interim report, the labor department commented on the bonding claims which the DOL ignored until they were ordered by the court to enforce their own laws.

DOL claimed that the backlog of labor cases in the Superior Court has grown, claiming that because "of the federal takeover of immigration enforcement, there has been an increase in filings."

Workers to Gather to Write Comments

I encourage all guest workers to make comments to DHS on the rules. There will be a work session for those wishing to submit comments on Sunday, December 27, 2009 at Fiesta Filipino by Juvy Restaurant from 9:00 am - 5:00 pm. The session is sponsored by United Worker Movement-NMI.

Holiday Scrooges

December 23, 2009

The Evil, Unforgivable, Reprehensible Scrooge Award goes to the CNMI DOL for refusing to assist Ms. Josephine Flores in repatriating the body of her beloved, deceased husband, Evaristo.

The foreign contract worker had legal status when he died on November 6, 2009. The CNMI DOL ignored appeals from the Federal Ombudsman Office, the Philippine Consulate and the widow, Ms. Josephine Flores.

The widow, with the help of the Philippine Consulate, wrote a formal letter to the CNMI DOL on November 10, 2009 appealing for her husband's body to be repatriated to their homeland. They did not reply! The office has consistently ignored her continued pleas for assistance. This is the same local labor office that is appealing to the federal government to maintain control of their local labor system because it is "better than the federal system." (In your dreams Kaipat, Fitial and volunteer.)

Finally, on December 4, 2009 the DOL told Ms. Flores to seek assistance from the Federal Ombudsman Office in order to get her husband's body repatriated to the Philippines. The directive was repeated to Ms. Flores the next day.

As I wrote in a previous post, PL 15-108 mandates that the last employer of record is responsible for repatriating the body of the deceased. That last employer of record is Helen Sablan, director of the Medicaid Office. Ms. Sablan has been contacted by a guest worker group and others, but also refuses to fulfill her obligation of repatriating the body of her former worker as is required by law claiming she does have the money. She can share the Greedy, Uncaring Scrooge Award with all of the thousands of other CNMI employees who were and are responsible for the suffering of the foreign workers through the routine theft of wages, and for their disregard of laws and regulations to the extreme detriment of the cheated workers and their families. Ms. Sablan should raise the money, take out a bank loan or sell some possessions to fulfill her legal and moral responsibility!

A letter that Ombudsman Pamela Brown sent to DOL Secretary San Nicolas on December 16, 2009 remains unanswered. No surprise there. I still am waiting for answers to my inquiries from this game-playing department.

From Ms. Brown's letter:

Mr. Flores was a contract worker and had legal status under Commonwealth law when he died. P.L. 15-108, like the Non-Resident Workers Act before, mandates that the last employer of record be responsible for the costs of repatriation. I am, therefore, somewhat confused by your staff referring her to me for help. Could you please enlighten me as to the change in the law, if there is one? If there is not a change of law, then please advise me of the status of Ms. Flores' request for assistance.

I am sure there are funds set aside for just such a situation and am also sure that you will provide the humanitarian assistance requested by Ms. Flores. CHC has advised Ms. Flores that her husband's body will be disposed of here if it is not repatriated by the end of the month.

For saying that they will "dispose of the body by the end of the month" the CHC gets the No Compassion Scrooge Award. I would advise CHC if they do not want to face the wrath of advocates, federal officials and the possible involvement of the U.S. Congress (I am contacting members today) they better not even think of disposing of the body.

Finally, on December 23, 2009 Jeff Camacho of the CNMI DOL informed the widow and Philippine Consulate that there was no money to repatriate the body and that "DOL failed to secure a labor bond." Find the money! What a lie! The governor can spend $50,000 a month to retain attorneys to sue the federal government but we are to believe that there are no funds to ensure that CNMI law is followed and some respect is shown to a foreign contract worker and his family? This is the governor that is claiming the local labor system is oh so wonderful and better than other labor systems? Please! The Ultimate Spin and Propaganda Scrooge Award goes to the Fitial Administration. Reach into your pockets and do the right thing you scrooges!

DOL failed to secure a labor bond? The "we are better than the federal system" CNMI DOL did not secure a labor bond? Why? As a favor? As an oversight? Then DOL, you pay! Have the volunteer pass the hat among the employees that can't seem to enforce the local labor law that their own deputy secretary claimed to have penned. Find the money. May the Ghosts of Christmas Present, Past and Future haunt every one of you scrooges until you each develop a conscience and find your moral compass. Do the right thing you scrooges!

Message from USCIS

December 23, 2009

Please click on the image above to see a larger size. From USCIS Saipan:

SAIPAN, CNMI— U.S. Citizenship and Immigration Services (USCIS) advises people living in the CNMI who submit an immigration application to list their Post Office Box where the immigration form asks for a street or physical address. This is very important as applications that do not use P.O. Boxes are being returned to the USCIS office.

Use your P.O. Box when requesting Advance Parole on the I-131 Application for Travel Document or your application will be delayed.

If you filed for Advance Parole using a street name, the Post Office may have delivered to USCIS, so please come to the Application Support Center (ASC) at TSL Plaza for your Travel Document.

If an applicant has already mailed another type of application – other than for Advance Parole - to USCIS using a street name, it is important to complete a change of address. There are four ways to do change your address:

1. Complete a Change of Address on-line at www.uscis.gov/addresschange

2. Call USCIS Customer Service at 1-800-375-5283

3. Make an InfoPass appointment on-line at www.infopass.uscis.gov to visit the local USCIS ASC in

4. Send an e-mail to uscis.saipan@dhs.gov.

If you have a pending application or petition and are not a U.S. citizen, you must also complete a paper or electronic AR-11 Change of Address to change your address in our master database. This form is available on-line at www.uscis.gov ; by mail through USCIS Customer Service at 1-800-375-5283; or at the USCIS office at TSL Plaza in Saipan.

USCIS is the agency in the U.S. Department of Homeland Security (DHS) that handles immigration benefits.

-USCIS-

Happy Holidays

Oh, Really?

December 22, 2009

The Marianas Variety reports today that TTT's president, Greg Cruz claims that "guest workers should not use issues about “abuses” for self-serving agendas." The paper reported:

Advocates of guest workers, he added, do not have respect for local culture and traditions because they are fighting for temporary guest workers who want to become permanent residents.

“We Chamorros must protect our culture against outside influences,” he said.

CNMI guest worker regulations, he added, should not be used to pursue the personal agendas of foreigners.

“The people of these islands are U.S citizens and the CNMI is in a political union with the U.S. It is wrong to accuse U.S citizens of human rights issues to pursue improved status for guest workers,” Cruz said.

My response to these "should nots":

• The CNMI government, any CNMI organization or any individuals SHOULD NOT make excuses for labor or human rights abuses past or present.

• Human rights advocates and supporters of human rights and social justice SHOULD point out human rights abuses in an effort to institute reform and stop them from continuing.

• The victims of abuses SHOULD be made full, and all abusers SHOULD face consequences including fees and/or jail time.

• Any organization or person with an agenda to "protect their culture" SHOULD examine whether or not their agenda is driven by racism or classism. Cultures are not "protected" by excluding contributing members of the community, disenfranchising a major portion of the population, or delegating them to a lower tier in the society.

• The members of the TTT and other nativist groups SHOULD review the history of the plebiscite and the Covenant. They SHOULD also review Fitial's Public Law 3-66 that promoted bringing in and renewing an unlimited number of foreign workers, which at one point made the indigenous people a minority in their islands.

• Fighting for status for long term nonresidents SHOULD NOT be interpreted as being against local tradition or local culture.

• Regardless of "protections" the temporary status of guest workers strengthens vulnerability and perpetuates the abuses. Therefore every just and democratic guest worker program SHOULD provide an unobstructed pathway to citizenship for long-term guest workers.

• The systematic cheating of foreign contract workers SHOULD NOT be condoned or excused. The back wages SHOULD be paid to every cheated guest worker. Enforcement SHOULD have been and SHOULD be exercised in a timely manner. The CNMI government that has allowed tens of thousands of workers to be routinely cheated while their unscrupulous employers have suffered little or no consequences SHOULD ensure that these people are made whole.

• All long term guest workers and nonresidents, whether parents of U.S. children or not, SHOULD be awarded permanent residency through green cards. All SHOULD be provided with an unobstructed pathway to citizenship that does restrict them geographically to maintain residence in a specific place on U.S. soil.

• A just guest worker program SHOULD strive to ensure that families are kept together and SHOULD consider the best interest of a child in allowing foreign parents to remain with their child or children on U.S. soil.

• A just immigration program SHOULD reduce the financial eligibility requirements and waive fees for minimum wage earners to secure green cards for eligible family members.

• Any person of conscience who supports democracy and social justice SHOULD feel free to exercise his/her right to promote a pathway to citizenship for guest workers.

Mayon Volcano About to Erupt

December 22, 2009

Over 47,000 Filipinos have been evacuated from areas surrounding Mount Mayon, the beautiful cone-shaped volcano in central Luzon. The volcano is in the Albay Province about 200 miles southeast of Manila.

The evacuees will be spending their holidays in emergency shelters as red hot lava flows have reached three miles from the crater. Over 50,000 face masks have been handed out to villagers in an area that has experienced dangerous fine falling ash. Residents were advised to stay indoors as ash is falling as far as 10 kilometers from the volcano and can cause respiratory problems or skin diseases.

Scientists say that a major eruption is expected within days as volcanic activity has increased within the last day. Volcanologist Eduardo Laguerta was quoted by the Philippine Inquirer:

From 8 a.m. to 2 p.m. on Sunday, 463 volcanic earthquakes were recorded, characteristic of a very heightened activity, according to resident volcanologist Eduardo Laguerta.

Laguerta said Mayon was manifesting signs of a strombolian eruption, characterized by lava fountains from the crater, reaching several kilometers up, and ash fall.

“This nearing explosive eruption is no longer comparable to the protracted type in 2006 eruption with only lava oozing at the crater down to Mabinit, Legazpi City, 6 kilometers from the crater,” Solidum said at a press briefing here Sunday afternoon.

He said data indicated that the volcano would expel big boulders.

Earlier, the past 24-hour observation period showed that lava flow reached 4.5 km down the slope along the Bonga-Buyuan Gully.

The volcano has erupted 49 times in recorded history with the worst eruption being in 1814.

Troops have been sent to establish a no-go zone around the volcano.

Video coverage:

On Guest Worker Status

December 21, 2009

Governor Fitial and Lt. Governor Inos issued some statements regarding the recommendations that the U.S. Department of Interior will make in the report that PL 110-229 requires them to submit to the U.S. Congress by May 2010.

The Marianas Variety quotes Inos: "Lt. Gov. Eloy S. Inos said any proposal for a CNMI-only green card is unacceptable."

The Saipan Tribune quoted Inos:

“I don't want it restricted here. If they want to issue green card, that's okay. Whoever is issued a green card can go to New Jersey, can go anywhere. But if the [green] card is limited to the CNMI, then that defeats the whole purpose of looking for our residents to obtain jobs,” he said.

I am quite sure that Inos would not have to worry about this. There is no U.S. green card that confines people to a specific location, and such a status absolutely should not be considered. No legislation should be proposed that suggests that any long-term foreign contract worker from the CNMI who is granted status must remain in the CNMI for any specified period of time. No such restriction is required anywhere else on U.S. soil and would not be an acceptable proposal for the CNMI nonresidents. If a foreign worker in the U.S. is granted a green card in Illinois, he certainly is not confined to remain only in that state.

Then there are these statements:

But the governor said granting permanent residency status to guest workers will also allow them to own businesses in the CNMI which he believes will eventually put local residents at a disadvantage.

“When [the federalization law] U.S. P.L. 110-229 came into being on May 8, 2008, we had…22,000 guest workers,” he said. “Now, we have less than 15,000. A lot of nonresidents have been repatriated. [If they’re given green cards], pretty soon, we’re going to have all nonresident workers taking over all the businesses that we have intended for locals.”

Fitial said he wants guest workers to remain in the CNMI, but without granting them permanent status.

“I will continue to fight for the guest workers to remain, that’s the essence of the lawsuit,” he added. “We want them to stay as long as they are needed. I continue to advocate that.”

What the governor proposes is that the workers remain yes, but only if they remain indentured, and disenfranchised. He wants to maintain control of the broken local system that continues to view the foreign workers as replaceable commodities. This is a system that is one step up from slavery. If the CNMI government succeeds in diluting the employers' contractual obligations for guest workers' medical care, repatriation and other benefits then the program will be even less than a step up from slavery.

Were there actually 22, 000 workers in the CNMI in May 2008 as the governor claims, or was that an inflated number as many suggest? Regardless of how many foreign workers there are in the CNMI now or were then, long-term guest workers deserve a direct pathway to citizenship after paying taxes, contributing to the economy and being vital community members for five or more years. If the CNMI wants to maintain the needed workforce then eventually the foreign workers must be given social and political rights. Those rights should include the option of owning a business in the CNMI.

Foreigners who have resided in the CNMI 5, 10, 15, 20 or more years are already members of the community, regardless of whether or not they have paperwork to verify that fact. If a U.S. citizen moved to the CNMI, he/she could be eligible to vote in less than a year, but a foreign worker who has maintained residency for 30 years and paid taxes still has no right to vote. That makes absolutely no sense.

Then there's this statement:

“The Legislature recognized then that the CNMI needed skilled labor. That brought about the enactment of Public Law 3-66 [which I sponsored]. But there was nothing in the law that would even suggest that nonresident workers should be granted a resident status. It’s only now that this issue came out,” said the governor.

The law that Fitial refers to was penned in the 3rd Legislature and has absolutely nothing to do with federal immigration law. It is a local labor law. Regardless, of the intent of that local law, it will be the federal immigration laws that will apply to the foreign workforce.

Jenner and Block: Cha-ching

Jenner and Block, the high-priced Washington, DC law firm that Fitial hired to unsuccessfully fight federalization is still being kept on retainer by the Governor's Office for $50,000 a month. While government employees are asked to cut hours the governor can afford hundreds of thousands on attorneys for a futile lawsuit.

Another Deceased Foreign Worker's Body Languishes in the Morgue

It is the responsibility of the employer of last record to repatriate a foreign contract worker. So how do these stories of deceased foreign workers' employers refusing to repatriate the bodies of their deceased employees or former employees keep surfacing?

Evaristo Flores passed away in November 2009 and according to a worker leader his last employer of record claims that she does not have the funds to repatriate his body to his grieving family members in the Philippines. That is unacceptable.

According to sources his employer of last record is a government employee. It is time that the CNMI DOL enforce contractual agreements or at least immediately address this problem. Can her wages be garnished? Can DOL or another CNMI agency pay for the repatriation? Will the CNMI government once again maintain a disrespectful silence until the guest worker community rallies to raise the funds to repatriate this person's body?

Guest Worker Christmas Party

Here are some photos of the Christmas party sponsored by the Coalition of United Workers, NMI sent by photographer Itos Feliciano!

News From Washington, D.C.

December 20, 2009

Washington, DC residents are snowed in as one of the worst snow storms to hit the city in over 100 years dropped 22 inches of snow to blanket the city in white.

Senators worked through the blizzard yesterday and will be working late into the evening and early morning to pass the health care bill. I lost interest in the bill a couple of months ago after compromise after compromise whittled away at the original intent of the bill until it became clear that the bill would likely serve health insurance and drug companies as much or more than the average American citizen. Even though it appears that some of Howard Dean's recent criticisms have improved the bill, as it stands now lacking a public option the bill does not represent true health care reform.

The U.S. Congress should set aside all legislation and concentrate first on passing effective comprehensive ethics reform legislation to end the power of lobbyists and special interest groups. The poor and middle class of America have been suffering for decades as their voices have been drowned out by businesses and lobbyists with big dollars that can buy votes with their huge campaign contributions and back door deals that benefit members' districts.

Read Al Franken's take on the health care bill.

Minimum Wage

The 50 cent minimum wage for the CNMI and American Samoa has been delayed from May 2010 to September 2010. How delaying the minimum wage could possibly help the economy is beyond my comprehension.

American Samoa and the CNMI should not be lumped together in this issue. They are two different territories with two entirely different economies. It has always been Fitial's strategy to tie the CNMI to American Samoa to delay minimum wage increases. The strategy seems to have worked in this case, and predictably the governor and the Chamber of Commerce hail the move.

The Saipan Tribune reported that the delay will allow for the completion of a GAO report on the impact of minimum wage increases on the two territories:

Among other things, the delay will give the U.S. Congress time to review the results of a U.S. Government Accountability Office study on the minimum wage hike's impact on the CNMI and American Samoa economies.

GAO, the investigative arm of the U.S. Congress, is required to issue the report by Spring 2010.

The current minimum wage is $4.55 in the CNMI, which is not even close to a living wage. Perhaps Governor Fitial and Jim Arenowski should volunteer to try to survive on that wage until September 2010 and then report back on whether or not they still think it was good idea to rollback the increase. It is typically the rich and those in power who consistently support keeping the minimum wage down. It's about businesses wanting to continue to raise their profit levels while ignoring the welfare of their employees.

$1.3 million earmarked for CNMI

Congressman Gregorio (Kilili) Sablan announced that seven major projects for the CNMI received federal funding. From his press release:

Refaluwasch and Chamorro language programs for PSS - $250,000. The Refaluwasch and Chamorro language programs will each receive $125,000 to add to the Public School System’s on-going efforts to preserve the rich cultural and linguistic heritage of the Northern Marianas. Without a conscious effort to keep culture and language alive, Carolinian and Chamorro, as other indigenous languages around the world, face a decline among younger generations.

Northern Marianas Trade Institute for vocational and technical training - $200,000. The Northern Marianas Trade Institute will receive $200,000 to expand current programs, hire new instructors, and purchase teaching materials and instructional equipment. NMTI provides valuable vocational training skills to individuals so that they can work in the trades or start their own businesses.

Garapan Public Market, design and construction - $200,000. The Garapan Public Market is an economic development project. The market will be a centralized facility where fresh produce, seafood, and other local products can be available to consumers on a daily basis. With permanent structures and utilities that allow for refrigeration and food processing, farmers, fishermen, and craftspeople will be able to package, display and sell their products to the local community and to tourists. In addition to the economic benefits, by providing another source for fresh fruits, vegetables and seafood the Market will be a boon to public health.

Micronesian Legal Services, Rota and Tinian outreach - $180,000. The $180,000 earmark for Micronesian Legal Services Corporation will be split among three projects. First, it will allow MLSC to dedicate an attorney to serve the legal needs of low-income populations on Tinian and Rota, which now only receive once-monthly visits from MLSC. Second, MLSC will be better able to help low-income applicants for visas, keeping families together and protecting those who are victims of crime and of human trafficking. Third, MLSC will upgrade its online case management software. The software aids in tracking cases, intra-office communications, and compliance with Federal reporting requirements.

Joeten-Kiyu Public Library, roof repairs - $200,000. The Public library is in need of a new roof. This $200,000 grant will help protect the valuable collection of books and other media now at risk from water damage in the library.

Division of Fish and Wildlife, educational programs on marine sanctuaries - $220,000. The CNMI Division of Fish and Wildlife will be able to use this $220,000 special appropriation to educate the public about marine sanctuaries and to obtain information about how the public views this kind of protection for the marine resources of the Northern Mariana Islands.

Public School System purchase of library books and educational materials - $100,000. $100,000 will be available to PSS for the purchase of books and other educational materials for elementary and secondary schools in Tinian, Rota, and Saipan. Many of the children in our islands do not have the access to the vast array of media and reading materials available to their peers in the mainland United States. The books purchased with this grant will help expand the educational horizons of our students and improve their literacy skills.

I hope that some of the funds earmarked for Micronesian Legal Services will benefit the hundreds of foreign contract workers who have little or no funds to hire attorneys to represent them in their legal cases to collect unpaid wages.

New Case Filed Against Ladera School

December 19, 2009

Richard Nigh, former principal of the the Ladera International School of Saipan (LISS) has filed a complaint in federal court against the Korean owner Yong Nam Park. The complaint alleges willful and outrageous conduct against the plaintiff by the defendant and intentional and negligent infliction of emotional distress.

In August 2009 a complaint was filed by Hyun Suk (Arnold) Kim against owners Kim Yong Nam Park President and CEO and Sung Yun Anne Kim (Anne), Vice-President. His complaint alleges forced labor, human trafficking, fraud, and FLSA violations including unpaid minimum wage and overtime compensation.

LISS is a Korean-owned school run by a CNMI-registered company called ILC Corporation with ties to the Governor's Office and Marianas Visitors Bureau who promote the school as an example of edu-tourism.

Mr. Nigh was a teacher in Japan for 27 years and was hired by the defendant on a part-time basis. He was tasked with "hiring teachers and training them and helping them adjust to life in the Commonwealth and such other administrative duties appropriate to the position" according to the complaint.

Park repeatedly asked Mr. Nigh to accept the position of principal at Ladera, which he finally did in July 2007. Mr. Nigh later learned that there had been three previous principals since the school opened in 2006. All of them allegedly left because of ill treatment by the defendant.

Mr. Nigh's position as principal began August 1, 2007. According to the complaint the "Plaintiff's duties as Principal were to develop policies of the school, participate in administration of the school and to continue to hire teachers." Mr. Nigh had no apparent problems until October 15, 2007 when he received an email from Park stating, "The honeymoon is over." The complaint states, "This shocked Plaintiff who had been putting in long hours at the school and had previously been praised for his good work by the Plaintiff."

The complaint alleges a pattern of continued bullying and abuse by the defendant:

8. Defendant Park's willful and outrageous treatment of Plaintiff began to worsen with many sessions of yelling and criticism and Park began to be very aggressive toward Plaintiff, yelling at him on a daily basis and criticizing him for unforeseeable incidents on campus, and saying "you Americans are all alike" and "I ought to punch you" causing fear on Plaintiff's part of bodily harm. These tirades were never concerning any specific area of criticism but rather just general antipathy and often occurred in the presence of students at the school and other employees and sometimes parents of students.

9. On October 23, 2007, Plaintiff called Defendant and expressed a desire to rehabilitate their relationship telling Defendant that he was tired of the abuse. The Defendant stated that he would try to remain more calm and not to allow himself to continue with this abusive behavior toward Plaintiff.

10. Following this conversation the situation improved for a short time but Defendant then returned to his prior behavior and by the middle of December Plaintiff could take no more and resigned from his position at Ladera. Throughout the rest of December Defendant asked Plaintiff to return and train a new principal and continue to teach his algebra class which Plaintiff did without further salary. The new Principal resisted training Plaintiff attempted to provide and the Defendant continued to exhibit his outrageous and willful behavior toward Plaintiff.

After the defendant resigned "indignities" continued against his two sons who were enrolled in the school. The complaint alleges, "Most of this poor treatment of the boys came from the new Principal's sons and from Defendants sons." The new principal was Wayne Pangelinan.

On January 21, 2008 Mr. Nigh was called to the school by the defendant to talk. The complaint states:

When Plaintiff arrived at the school he was confronted by Defendant Park and the new principal, Wayne Pangelinan and subjected to almost two hours of criticism and anger particularly from Defendant Park.

Since he left the school Mr. Nigh sought medical help for a variety of depression-related illnesses and was diagnosed with major depression by a visiting psychiatrist from Guam. From the period of December 2007 to January 2009 Mr. Nigh was unable to work due to his illness. The complaint states:

20. Plaintiff alleges that Defendant, Yong Nam Park, the employer of Plaintiff, intentionally and deliberately inflicted emotional distress on Plaintiff by a process of systematic harassment, bullying, yelling and threatening to punch Plaintiff, often in the presence of students at the school where Plaintiff was employed as Principal and other employees thereby destroying his relationship with students and employees and his supervisory ability and causing him extreme embarrassment and emotional and physical distress.

21. Defendant's conduct was extreme and outrageous, beyond all possible bounds of decency and utterly intolerable in a civilized community.

22. The actions of the Defendant were the cause of Plaintiff's physical and emotional distress.

23. The Plaintiff is a reasonable man.

24. The emotional distress sustained by Plaintiff was extreme and severe and of a nature that no reasonable man could be expected to endure.

25. As a result of the Defendant's extreme and outrageous conduct, Plaintiff has suffered and with a high degree of likelihood, will continue to suffer, mental pain and anguish embarrassment and humiliation that he was treated so and caused such severe emotional and physical trauma.

The lawsuit seeks monetary damages and attorney fees.

Mr. Kim's August 2009 complaint alleges similar questionable behavior by the school's owners:

In addition to the long hours and lack of pay Park and Anne treated Arnold very poorly. They blamed him for every problem. If something went well it was because of Park's good work. If' not, it was Arnold's mistake. Many things were going wrong. Staff were not being paid on time, paychecks were bouncing, LISS changed principals five times while Arnold was there. Several teachers came to Saipan as tourists and then taught at the school until their visas ran out.

It is alleged that Eucon School another foreign-owned school also "fixed their papers" not in China, but on Saipan with the help of willing CNMI immigration personnel.

In a previous posts I pointed out that LISS is endorsed by Governor Fitial and convicted felon, former Lt. Governor Timothy Villagomez and that their photos and endorsement remained on the LISS web-site even after the former Lt. Governor Villagomez has been imprisoned in a high-security federal prison in Tucson, Arizona. The photos and endorsement are still on the web-site. Here is the endorsement from the LISS web-site:

Since I put up the initial post in August there have been many disturbing comments from former LISS employees that make serious allegations against the school. Additionally, there is a web-site that focuses on exposing problems with LISS entitled, Edu-Tourism: Business or Criminals? The posts addresses issues concerning credentials of the teachers, the routine practice of hiring tourists to work, teachers regularly being paid late or having their paychecks bounce, and more.

The Saipan Tribune reported on December 17, 2009 that 8 CNMI schools were eligible to peitition for foreign students through the tudent and Exchange Visitor Program:

The Washington, D.C.-based SVEP is within the U.S. Immigration and Customs Enforcement under the U.S. Department of Homeland Security.

CNMI Commerce Secretary Michael J. Ada announced yesterday the eight schools that have been both SEVP- and CNMI Department of Commerce-certified.

They are the Agape Christian School in Gualo Rai, Calvary Christian Academy in Chalan Kiya, Eucon International School in Gualo Rai, Grace Christian Academy on Navy Hill, Mount Carmel School in Chalan Kanoa, Northern Marianas College in As Terlaje, Saipan Community School in Susupe, and Saipan International School in As Lito...

...Other private schools with mostly international students have yet to be certified by the federal government, including Ladera International School of Saipan, International Business and Professional College, Emmanuel College, and the University of Loyola at CNMI. These schools have students mostly from the Philippines, China and South Korea.

The federal government should keep a watchful eye on some of the schools that have lawsuits filed against them, allegations of "fixing papers" for employees, and complaints from employees of unpaid wages and delayed pay checks. Right now LISS employees are stating that they were not paid their full salary last week and are still waiting for their wages.

It is also rumored that the school is being sold to a large Korean telecommunications company. Private schools are businesses, but their primary function should be to provide quality education to students. Edu-tourism is only effective if the schools involved have highly qualified teachers, administrators and staff; utilize high educational standards; and are effectively regulated.

Both of the lawsuits filed against LISS, the one filed by Mr. Kim and the one filed by Mr. Nigh, depict LISS as a school being run by abusive bullies. How does this school keep its license? Is any student truly safe in this setting?

For more on LISS check out these previous posts:

Ladera International School of Saipan Update
Governor Intervention in Human Trafficking Case?