Message Gate: Li Guilty

February 27, 2010

Shiguang Li one of the 24 aliens arrested on January 5, 2010 was found guilty of attempting to illegally enter the United States. The 41-year-old Li was arrested with 23 others on January 5, 2010. The Marianas Variety reported details about the trial that took place on February 24, 2010:

“All elements are present [for conviction] in an illegal entry by an alien…which have been proven beyond reasonable doubt,” Munson stated in his oral judgment.

“This is an important verdict, and necessary to deter foreign nationals in the CNMI from attempting to enter Guam without lawful authority,” said U.S. Attorney Leonardo Rapadas in a statement.

Rapadas added that “the Department of Justice is intent on investigating and prosecuting these cases, and foreign residents of the CNMI need to understand the consequences that can result from entering or attempting to enter Guam illegally.”
Rapadas said the case was investigated by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement and the U.S. Coast Guard Investigative Services.

The court-appointed defense attorney, Bruce Berline asked that his client be released on bail while awaiting sentencing. According to the Variety the motion was denied by Judge Alex Munson because the defendant "was judged guilty and has not accepted responsibility for his crime." The sentencing was set for June 1, 2010.

The exhibit list included: Defendant’s Border Management System (BMS) Records (two pages), Guam ID, Map, Covert Video of December 2, 2010, Undercover Meeting (Three DVDs), Covert Video of January 4, 2010, Undercover Meeting (One DVD), Transcript of January 4, 2010 Undercover Meeting from 5:35:30 to 5:43:09, Picture of Small Boat, Picture of Large Boat.

According to the minutes of the trial, the witnesses were Border Management System custodian Tom Torres and U.S. ICE Special Agent Erfel Mantanguihan. Also present were U.S. ICE Special Agent Blu Shiroma and U.S. Assistant Attorney Kirk Schuler.

Twenty one of the defendants arrested January 5, 2010 pleaded guilty and signed plea agreements. They received one year probation and will be repatriated. Only Shigueng Li and the two ring leaders, Jian Li and Qing Mei Cheng pleaded innocent.Qing Mei Cheng, the governor's masseuse and Jian Li both spent a month in jail and are now out on bail awaiting their May 2010 trial.

The Variety article gave some insight to the plot. ICE agent Matanguihan posing as a boat captain testified that there were phone calls and meetings with the Li, Lian, Cheng and some others who wanted to go to Guam. From the Variety:

There were also audio and video recordings of the meetings, some of which were held at different hotels on Saipan where the defendants’ biographical information was taken by Matanguihan for their purported identification card on Guam, amounting each to $200.

Instructions were also provided to the defendants “to act normally” so as not to be put in jail, Matanguihan said.

He told the court that he informed Jian Lin and Fitial’s masseuse that his human smuggling fee was $2,000 per head.

Showing a nautical chart for Saipan and Guam to the defendants, Matanguihan informed them that they would be landing on a beach somewhere in Tumon after a mid-sea transfer using inflatable boats since the big boat they would use could not approach the shore.

At their designated rendezvous point at the American Memorial Park pavilion in the morning of Jan. 5, Matanguihan said he turned on his flashlight at about 5:30 a.m.

He later saw individuals who turned out to be the defendants coming out of their hiding places.

Matanguihan said all of defendants boarded the boat at the Smiling Cove.

He said Jian Li and two others requested for a discount of $1,000 after receiving 24 bundles of money.

Matanguihan said Fitial’s masseuse left the boat after the transaction. He said he followed Cheng who was walking in the dock area. U.S. ICE agents then arrested the 23 defendants on the boat, including Shiguang Li.

More holes in the umbrellas

February 26, 2010

Can the CNMI government still engage in immigration functions? Not according to PL 110-229. Yet it appears that they are doing just that.

As I reported previously, umbrella permits will be replaced with CNMI-issued Foreign National IDs.

The umbrella permits that volunteer DOL attorney Deanne Seimer claimed were "free" and would allow a foreign investors and foreign students to remain in the CNMI until November 2011 are being replaced by $25.00 permits according to a February 26, 2010 story in the Saipan Tribune.

The Tribune reports:

The CNMI Department of Commerce will be replacing all temporary umbrella permits that were issued to foreign investors and foreign students on or before Nov. 27, 2009.

The distribution of permits will take place at the Department of Labor, Afetna Building, San Antonio, beginning March 1, 2010. Permit holders are required to surrender their temporary or originally issued umbrella permits in exchange for the replacement permit.

Please note that permits (both Foreign National I.D. and formerly known as immigration entry permits and/or umbrella) will only be released to the actual permit holders as they will be required to acknowledge receipt of their permits.

They provide this schedule:

In October 2009 when the umbrella permits were being issued, DOL announced:

In its effort to cover everybody-at least in the transition period-the CNMI government has extended the issuance of two-year “umbrella permit” to immediate relatives or IRS, foreign students, and investors on island.

Department of Labor deputy secretary Barry Hirshbein and special counsel Deanne Siemer said yesterday that the Commerce Department will separately issue the “umbrella permit” to foreign students, foreign investors and long-term businesses as well as permits for ministers and missionaries-all categories excluded from the 240K permits for foreign workers.

In another article, The Saipan Tribune quoted DOL "volunteer" Deanne Siemer:

She [Siemer] said that the umbrella permit is free of charge and is valid from Nov. 27, 2009 through Nov. 27, 2011. This, she said, will help stabilize the workforce and protect both employers and employees besides preventing undue damage to economy.

“It will bring stability,” Siemer said, adding that the new system is part of the “protocols” presented by the Fitial administration to the U.S. government.

According to Public Law 110-229, any Commonwealth-issued permit that is in existence on Nov. 27, 2009 will be honored for two years after the transition date, which is set for Nov. 28.

The fact that over 19,000 umbrella permits are being "replaced" by the CNMI government raises many questions. Why replace them if they were deemed "valid" until 2011? Wouldn't issuing any foreign national permits now be a federal immigration responsibility? Can the CNMI Department of Commerce or the CNMI Department of Labor legally create replacement permits and charge foreign nationals for such permits? Is this an attempt to continue to raise revenue on the backs of foreign nationals? (In its 2009 Annual Report, DOL stated that the revenue collected in 2009 was $5.4 million.) Is this another effort by the CNMI government to retain immigration and labor authority over foreign nationals? Is the CNMI government challenging the federal government to stop it from overstepping authority? Or perhaps the administration is hoping that the federal officials do not intervene so the federal government's non-action could be cited to give more credence to arguments in the anti-federalization lawsuit, to Fitial Administration comments to DHS, and to the revision of local laws to conform with PL 110-229.

Foreign students will be required to get visas through a Student and Exchange Visitor Information System (SEVIS) certified school or program when their CNMI Foreign Student Permits expire. Why should foreign students pay fees for permits issued by the CNMI government when they will have to get U.S. visas? The same question applies to foreign investors and retirees who are required to apply for a CNMI-only E2 nonimmigrant investor visa with the U.S. Customs and Immigration Services (USCIS) when their CNMI-issued permits expires.

What About Foreign National Workers?

It appears that the CNMI Department of Labor has also overstepped its authority in issuing Foreign National IDs to guest workers. In a previous post, DHS To Issue a Statement on Umbrella Permits, I wrote about the proposal for CNMI-issued ID cards. Foreign contract worker Malou Berueco commented:

malou berueco said...
this "identification card" for alien workers is not a proposal anymore...they have issued this already to few workers January 15, 2010 onwards. One of my good friend show this kind of card to me. S/he is an accountant with good and legal employer. Aside from that, his/her umbrella permit was also replaced though the first was issued was computer generated with pictures on it and an expiration date of nov.27, 2011.
As I expect, that DOL will do anything they want to do, even though they were saying it just a proposal only

What is a Foreign National ID?

As I was preparing my comment to DHS, I ran across the comment from the governor's "special counsel" Howard Willens. It states: "These comments define the changes to Commonwealth law to be made to accommodate P.L. 110‐229, Section 702(a), Section 6(f)."

The anti-federalization lawsuit and the DHS comment submitted by Kaipat, and the changes to CNMI law proposed by Willens are all attempts made by the CNMI government to maintain local control over the foreigner nationals and, in particular, the foreign guest workers.

Willens' proposed changes to the laws include: a CNMI-run alien registration and identification system, changing the words "work permit" and "permit" to "identification card", and CNMI repatriation of foreigners. How can the CNMI government have an alien registration system and any control over repatriation if PL 110-229 shall supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth? Is there any state in the United States that conducts its own alien registration, identification system, or repatriation? Absolutely not!

I do not recall ever reading whether or not the proposed changes were adopted by the legislature. Apparently they have been adopted since both the CNMI Department of Labor and now the Department of Commerce are issuing Foreign National IDs based on the proposed changes to CNMI law.

In the proposed CNMI law changes, the name "Immigration" is deleted and is replaced by the name "Registration and Employment":

B. A new Part 1 (Registration) shall be added, as follows:
§4301 Registration of Aliens.
(a) Every alien who remains in the Commonwealth longer than 90 days shall by regulation be required to be registered. Registration may be renewable annually. The parents or legal guardians of aliens under the age of 18 are responsible for such child’s registration.
1) Registration of aliens who are qualified to work in the Commonwealth, aliens who are religious ministers and missionaries and work in the Commonwealth, and aliens who are immediate relatives of aliens qualified to reside in the Commonwealth shall be conducted by the Department of Labor.
2) Registration of aliens who are investors, business-owners, or students qualified to reside in the Commonwealth shall be conducted by the Department of Commerce.
3) Registration of all other aliens qualified to reside in the Commonwealth shall be conducted by the Attorney General
(b) Such registration information as the registration authorities may require, including but not limited to fingerprints, is confidential and may be made available only on request of law enforcement authorities in connection with criminal or juvenile delinquency investigations.
(c) Registration information required by the registration authorities may be taken on oath or by declaration. Persons employed as registrars are authorized to administer oaths for purposes of this section.
(d) Registered aliens will be issued an identification card, which will indicate date of expiration and nonimmigrant class, as well as such other information, including photographs, as the registration authorities may require.
(e) Registered aliens 18 years old or older shall keep their identification card in their personal possession at all times.
(f) Any alien who knowingly fails to comply with this section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than 90 days, or fine of not more than $500 or both.
(g) An alien, for purposes of this section, is any person who is not a citizen, national, permanent resident of the United States, or a CNMI permanent resident as provided by Trust Territory or Commonwealth law.

Again, I question whether the CNMI government has authority to issue identification cards, which appears to be an immigrant action. Additionally, why would aliens 18 years or older need a CNMI-issued ID card in their personal possession at all times? Is the CNMI government seriously suggesting that an alien who fails to comply with their rules could be jailed or fined $500 by the local government? How low will this government stoop to collect revenue from the foreign nationals?

The proposed changes suggest that the CNMI government may be duplicating what the federal government is or will be doing, for instance fingerprinting aliens.

The proposal includes changing the words "entry permit" and "permit" to "identification cards":

N. Division 4 (Immigration), Part 3 (Employment), Chapter 6 (Employment of Foreign Nationals) is renumbered Chapter 3 and is amended to change the terms “entry permit” and “permit” to “identification card,” and as follows:
1) Article 1 (General) is amended to:
a) Amend current §4911(f) to read: “Identification Card” means the card issued by the Department using the Labor Information Data System (LIDS) or comparable system and delivered to a foreign national worker or immediate relative of a foreign national worker pursuant to this chapter;”
b) Amend current §4911(h) to read: ““Immediate relative” means a parent, spouse, or child, whether natural or adopted, if adopted before his or her eighteenth birthday. A disabled child of any age qualifies as an immediate relative if in the continuous custody and care of the parent.”
c) Amend current §4911(j) to delete the words “whether” and “or by deportation.”
d) Amend current §4911(l) to delete the words “enters the Commonwealth pursuant” and substitute the words “is a party.”
e) Add a new §4911(m) to read: ““Umbrella permit” means a two-year permit issued prior to November 28, 2009 by the Department of Labor, the Department of Commerce, or under the authority of the Attorney General, to expire on November 27, 2011, that protects the status of the holder to remain in the Commonwealth until revoked or expired.”
f) Arrange the subsections of §4911 in alphabetical order as required.
2) Article 2 (Entry into the Commonwealth) is amended to:
a) Change the title of Article 2 to “Identification and Documentation”
b) Delete §4921.
c) Amend §4922 by –
i. In subsection 4922(b) by deleting the words “or part-time casual employment” and substituting the words “and provide for part-time casual and other employment.”
ii. In subsection 4922(d) by deleting the words “and forward it for immigration clearance”
d) Amend §4923 by –
i. Deleting subsection 4923(a).
ii. Amending current subsection 4923(c) to delete the first sentence.
iii. Amending current subsection 4923(d) to read: “Upon receiving notice that there is a medical reason any foreign national worker or immediate relative should not be permitted to remain in the Commonwealth for health reasons, the Secretary shall notify the foreign national worker and offer repatriation at the earliest date on which it is medically safe to travel. If repatriation is not accomplished, the Secretary shall forward the relevant documentation to the federal immigration authorities for deportation.”
iv. Renumbering the subsections as necessary.
v. Amend §4924 by amending subsection 4924(a) to delete the words “issuance of an entry permit for” and substitute the words “commencement of work by”e) Amend §4925 by –
i. Amending the title to read: “Foreign national worker status”
ii. Changing the term “entry permit” to “identification card”
iii. Amending subsection 4925(a) to read: “The Secretary shall cause to be issued an identification card which shall include the foreign national worker’s name, employer, citizenship, gender, birth date, expiration date of the card, and LIDS number.”
iv. Amending subsection 4925(b) to delete the last two sentences.
v. Adding a new subsection 4925(e) to read: “Umbrella permits issued by the Department to foreign national workers continue in full force and effect until revoked by the Department. Each holder of an umbrella permit must also hold a current identification card.”
f) Amend §4926 by –
i. Amending the title to read: “Immediate relative of foreign national worker status.”
ii. Changing the term “immediate family member” to “immediate relative.”
iii. Deleting subsection 4926(a).
iv. Amending subsection 4926(b) to read: “Each immediate relative of a foreign national worker shall be issued an identification card which shall include the sponsoring foreign national worker’s name, and the relative’s name, citizenship, gender, birth date, expiration date of the card, and LIDS number. The expiration date of the card shall be the same expiration date as the card held by the foreign national worker.”
v. Deleting subsection 4926(c).

In the proposed changes to CNMI law it is stated that anyone holding an umbrella permit must also have a CNMI-issued identification card: (emphasis added)

Adding a new subsection 4926(e) to read: “Umbrella permits issued by the Department to immediate relatives of foreign national workers continue in full force and effect until revoked by the Department. Each holder of an umbrella permit must also hold a current identification card.”

By changing the word "deportation" to "repatriation" can the CNMI government control who is subject to repatriation?

g) Delete §4927.Under the changes "deportation" is changed to "repatriation."

Amend §4964 by –
i. Deleting the word “deportation” and substituting the word “repatriation” and deleting the word “deportable” and substituting the words “subject to repatriation.

Clearly, instead of ending local immigration authority, as PL 110-229 requires, the CNMI government has stubbornly shifted its immigration authority over to the CNMI DOL. Even the required new permits to be issued by the Department of Commerce to foreign students, investors and retirees are being handled by the DOL. The Department of Homeland Security and members of the US Congress who wrote PL 110-229 need to clarify whether or not the CNMI government can retain immigration authority and charge foreign national for such permits.

Hearing on Marianas Trench Marine National Monument Visitor Facility

February 25, 2010

I opted to meet with a federal official to discuss issues related to guest workers rather than attend the hearing today on the National Marine Monument.

Below are links to the hearing that took place in the Longworth House Office Building at 10:00 a.m.

Congresswoman Madeleiene Bordallo gave the opening remarks. She stated in part:

Mr. Sablan’s bill, which would establish a visitors’ center for the Monument in the Northern Marianas, is intended to advance such public awareness, and I am proud to be adding my name as a co-sponsor of his legislation. My legislation would give Guam a voice in the management of the Monument and ensure that the Monument also advances and compliments the mission of the National Wildlife Refuge System of which it is a part.

I look forward to hearing from the witnesses, and I stand fully committed to working with the gentleman from the Northern Marianas and the Administration to build a management and education program commensurate with the great promise of this marine national monument. Through collaboration, we can make this vision a reality and a legacy for all.

CNMI Governor Benigno Fitial testified. From his testimony:

In the early part of May 2009, I wrote to Department of Interior Secretary Salazar to express my concern over the lack of action with respect to the planning and funding of the Marianas Monument visitor center. I relayed to the Secretary that the Council on Environmental Quality made it very clear to us that a visitor center was a fundamental part of the Marianas Monument and that it would be federally funded and constructed in the CNMI.

Two months after my letter to Secretary Salazar, CNMI’s Representative Gregorio C. Sablan submitted H.R. 3511 which sought to authorize the construction of a visitor and science center in the CNMI. Unfortunately, no significant progress has been made to date.

Fulfilling the promise
It must be made clear that a visitor and science center was negotiated and promised to the CNMI in return for our support of the Marianas Monument. While I certainly hope that both the CNMI and Guam will ultimately have visitor and science centers, I firmly believe that is incumbent upon the federal Government to honor its negotiated obligation to the CNMI with all due respect and fairness for the people of the CNMI.

The Proclamation itself calls for consultation with the CNMI government for the management and planning of the monument. It also specifically provides for “a program to assess and promote monument-related scientific exploration and research, tourism, and recreational and economic activities and opportunities in the Commonwealth of the Northern Mariana Islands.”

Eileen Soback, Deputy Assistant Secretary for Fish and Wildlife also gave testimony on behalf of the Department of Interior. She stated that the Department of Interior has no objection to the passage of either of Congressman Sablan's H.R. 3511 or Congresswoman Bordallo's H.R. 4493. Her testimony summarized the history and significance of the monument. She stated:

The Secretaries of Interior and Commerce...are also required to treat the Government of CNMI as a cooperating agency consistent with these authorities. The monument management plans must be administered in accordance with the proclamation.

In addition, the Secretaries of the Interior and Commerce, after considering recommendations from the Governor of CNMI, the Secretary of Defense, and the Secretary of Homeland Security, must establish the Mariana Monument Advisory Council to provide advice and recommendations on the development of management plans and management of the monument. Under the Proclamation, the Advisory Council must consist of three officials from the government of CNMI and one representative each from the Department of Defense and the United States Coast Guard.

She also testified:

Although Guam is not specifically provided for in Presidential Proclamation 8335, the Department believes H.R. 4493 is in accordance with the spirit of the proclamation and consistent with its stated goals.

The Department has no objection to H.R. 4493. We strongly support the Government of Guam participating with the Service and other entities for the purpose of implementing Presidential Proclamation 8335 and future management of Marianas Trench MNM. We encourage all potential partners in this important project to approach its management in a collaborative and supportive manner.

However, in regard to establishment of a multipurpose center in Guam, as described above in regard to H.R. 3511, the proposed project would need to compete with existing projects before moving forward. If the project moves forward, the Department encourages the Subcommittee to consider the potential benefits and efficiencies of co-locating new facilities on the Guam National Wildlife Refuge.

Testifying for Felix Camacho "Governor of Guahan" was Evangeline D. Lujan:

I support the treatment of Guahan as a cooperative agency similarly as the government of the Commonwealth of the Northern Mariana Islands (CNMI). I believe that we should support a more collaborative approach to the protection of any marine resources within Guam’s Exclusive Economic Zone (EEZ) and I am pleased that the concerns of Guahan’s citizens with regard to management of the monument especially related to resource management and fishing access to offshore banks will be considered in the development of a management plan.

The bill recognizes that Guahan plays a role in the management of natural resources in a regional way. This will further strengthen the support for managing marine resources within the Marianas archipelago and its impact to the rest of Micronesia.
Also, I support efforts for a seat on the advisory council with the U.S. Department of the Interior (DOI) and U.S. Department of Commerce in the development and implementing of the management plan and management regulations. Further, I am in full support of the appointment of the members of the Marianas Monument Advisory Council. As Governor, I request to have at least one member and one alternate to the Council. I think CNMI will have 3 with 3 alternates.

The bill recognizes that Guahan plays a role in the management of natural resources in a regional way. This will further strengthen the support for managing marine resources within the Marianas archipelago and its impact to the rest of Micronesia.

Also, I support efforts for a seat on the advisory council with the U.S. Department of the Interior (DOI) and U.S. Department of Commerce in the development and implementing of the management plan and management regulations. Further, I am in full support of the appointment of the members of the Marianas Monument Advisory Council. As Governor, I request to have at least one member and one alternate to the Council. I think CNMI will have 3 with 3 alternates.

There must be further expansion and enhancement of existing visitor programs at the Guam National Wildlife Refuge. The support should be in the form of public education, research and support of the understanding of the unique ecosystem. I support the initiation of comprehensive program that includes nature resources exploration and research, and public education and appreciation in consultation with the Government of Guam.

Guam supports more analysis as part of the comprehensive program that includes a comprehensive cost-benefit analysis, and long term management and monitoring strategy.

However, Guahan does not support the construction or leasing of a facility for promotion of the monument. I do recommend that appropriate funds be made available to Guahan to hire local educational specialists within the appropriate federal and local government of Guam agencies such as the Department of Agriculture and the Guam Coastal Management program to educate the community about the valuable fish, wildlife and coral resources of Guahan especially the special natural resources within the Marianas Trench National Monument. I am in full support of funding to the U.S. Fish and Wildlife Service and Government of Guahan to partner with the Guam Department of Education, University of Guam and Guam Community College to educate students on natural resources of the monument.

Through interagency collaboration, there must be an identifying of funds to the Government of Guahan for the Guam Museum to document, preserve and display artifacts to demonstrate the importance of the marine environment, geology, ecology and living and nonliving resources, indigenous fishing practices of the monument to the people of Guam within the monument.

It is crucial that the interests of the Government of Guahan in the preliminary designs and studies are protected. For example, the southern islands of the Marianas Trench have higher biodiversity and greater habitat diversity as compared to the northern islands. It is imperative that facts such as these are considered in a site selection process. In addition to involvement of the local governments, meaningful stakeholder input from the general public is crucial especially with regard to marine conservation actions. Joint responsibility for management of the proposed area of conservation should be shared by the local jurisdiction and the federal government.

Finally I recommend an operational presence of the National Oceanic and Atmospheric Administration (NOAA) Pacific Island Fisheries Science Center, the Sanctuary Programs and NOAA’s Pacific Island Regional Office so we have a team of locally hired people to assist with the development of a comprehensive management plan for the area.

I applaud the Chairwoman for her work on this issue, and on behalf of the people of Guahan lend her our full support.

Testimony from Dr. Nancy Knowlton of the Smithsonian Institute's Sant Chair of Marine Science at the Museum of Natural History offered assistance to both the CNMI and Guam in creating their own educational facilities and resources.

Testimony of Agnes McPhetres, Vice Chair Friends of the Mariana Trench Monument. This testimony gave a complete history of the monument and detailed the fact that the idea originated in and was supported by residents from the CNMI. It also detailed Governor Fitial's initial non-interest in the monument, which was a catalyst for the campaign that would become known as the Friends of the Monument. It outlined the opposition by WESPAC and the fact that most initial opponents, including the governor, eventually became supporters.

She stated:

If you compare this to Guam where there was a single public meeting hosted by the White House and no public outreach it becomes clear that the Marianas Trench Marine National Monument belongs to the people of the Commonwealth of the Northern Mariana Islands.

It was the people of the Northern Mariana Islands who asked for the monument and we are deserving of the economic, social, and environmental benefits of a monument.

Here are the recommendations Agnes McPhetres included in her testimony:

RECOMMENDATIONS
We are concerned with and oppose H.R. 4493. A true enhancement to the monument would be for the federal government to deliver to the people of the Marianas the promises they made in the run up to the designation of the monument, beginning with the passage of H.R. 3511 and the construction of a Marianas Trench Visitor’s Center in the CNMI.

Furthermore, the Friends ask the Subcommittee to explore improving upon the monument declaration by (1) increasing the scope and scale of the protections, (2) closing some loopholes that allow harmful extractive activities within the monument, and (3) transferring managerial authority to NOAA Office of Marine National Sanctuaries.

The original vision for the monument was for the entire United States EEZ surrounding the islands of Uracas, Maug, and Asunction to be set aside as a no-take marine protected area reserved for education, culture, research, and the environment.

The only extractive activity that should be allowed within the Islands Unit is fishing for indigenous cultural practices.

Jurisdiction for the monument should be handed over from USFWS to NOAA Office of National Marine National Sanctuaries (ONMSP). WESPAC should also be removed from management for the Islands Unit and replaced with ONMSP, whose mission is more in line with conservation and the Friends vision for the monument. ONMSP is also more sensitive to local concerns and needs than WESPAC.

Part of our reasoning for requesting the inclusion of NOAA ONMSP is that they have more experience managing blue water regularly. USFWS does not typically manage blue water and except for ocean connected to significant land-based features they do not manage water anywhere that we are aware of; all of their ocean managed areas are tied to important land resources such as seabirds, turtles, and seals. In the CNMI the monument doesn’t include any land at all so this is a very unusual situation for them. Also, USFWS usually focus on land-based vertebrates such as mentioned above, not so much fish – though the Friends recognize that they have some terrific coral reef ecologists.

Staffing at the ONMS is also more appropriate to the needs of the CNMI. They have more outreach and education staff that focus on bringing sanctuaries to the people. USFWS is more of a research-oriented agency where the education and outreach are not so central to their mission.

Watch the video here.

Torres: Fernandez should be fired

February 23, 2010

Rep. Stanley Torres says that NMC President Carmen Fernandez should be terminated. The controversial college president has been suspended since January, and according to the Saipan Tribune she has still been collecting her salary of $80,000 a year and a $800 a month housing allowance.

The Office of the Attorney General has been investigating Fernandez. The Board of Regents met on February 22, 2010, but failed to come to a decision about the president's status, apparently waiting for a report from the OAG.

Rep. Torres shed some light on what the investigation may be about:

Torres, during the session, alleged that Fernandez bribed a former faculty member $15,000 “to keep his mouth shut” after she asked to have students' grades changed in order for them to continue receiving scholarships.

“This is a crime against people,” said Torres, who has been critical of Fernandez over a lot of issues, including Fernandez's refusal to release documents requested by Torres using Open Government Act requests.

But to this date, there is no official statement from NMC, the board or any investigative agency as to the nature of Fernandez's suspension.

Since Fernandez has been president there have been numerous terminations, and resignations including the non-renewal of esteemed professor Sam McPhetres.

See also these posts:

Integrity Questioned
NMC President Suspended: Board requests OAG to investigate
Political Firing?

Friends of Mariana Trench Monument Seek Testimony for Congressional Hearing

FOR IMMEDIATE RELEASE
Contact: Angelo Villagomez, angelovillagomez@gmail.com

Friends of the Mariana Trench Monument Seek Testimony for Congressional Hearing


FEBRUARY 21, 2010

(Saipan, Commonwealth of the Northern Mariana Islands) - A Congressional hearing is scheduled this Thursday in Washington, DC for the Mariana Trench Marine National Monument and the Friends of the Mariana Trench Monument, the key proponents of the monument leading up to its designation, are asking local residents to provide testimony in support of building a Mariana Trench Visitors Center in the CNMI, rather than Guam.

The hearing will take testimony concerning two bills, H.R. 3511, Representative Gregorio “Kilili” Sablan’s “Marianas Trench Marine National Monument Visitor Facility Authorization Act of 2009,” and H.R. 4493, Representative Madeleine Bordallo’s “Marianas Trench Marine National Monument Management Enhancement Act of 2010.”

Sablan’s H.R. 3511 seeks to “authorize the Secretary of the Interior to establish and operate a visitor facility to fulfill the purposes of the Marianas Trench Marine National Monument” while Bordallo’s H.R. 4493 seeks to “provide for the enhancement of visitor services, fish and wildlife research, and marine and coastal resource management on Guam related to the Marianas Trench Marine National Monument.”

The Friends are opposed to H.R. 4493 because they want to see a Mariana Trench Visitors Center built on Saipan. They argue that the area of the monument close to Guam does not restrict any fishing or protect any coral reefs or preserve any coastal resources and that only the “Islands Unit” of the monument, an area surrounding the Commonwealth islands of Uracas, Maug, and Asuncion, protects marine resources.

Friends’ Vice Chair Agnes McPhetres said of Bordallo’s bill, “H.R. 4493 seeks to provide research and enforcement dollars to the Government of Guam even though the monument does not protect any fish, wildlife, or any other living creature within 500 miles of Guam.”

“If you read the monument proclamation, the area of the monument that extends close to Guam only restricts future seabed mining of the substrate at the bottom of the Mariana Trench,” explained McPhetres. “It makes no sense to house the management of the biological resources of the monument on Guam when they are here (Northern Mariana Islands). It would appear that Guam is asking for federal dollars to manage resources under the jurisdiction and within the borders of the Commonwealth of the Northern Mariana Islands.”

The Friends are asking the community to provide testimony for Thursday’s hearing through letters and emails. They are asking for letters to be addressed to the Subcommittee’s Chairwoman, Representative Bordallo and request that copies of all letters be emailed to Representative Gregorio “Kilili” Sablan so that he can enter them into the official record.

According to the Friends, each letter should give a short introduction of the author, explain their interest in the monument, and specifically request that the Subcommittee support H.R. 3511. Letters should also ask for a Mariana Trench Visitors Center to be built in the CNMI.

According to Friends’ Director Angelo Villagomez, “Many people in the Northern Marianas fought for this and now we are in danger of losing the monument headquarters and facilities to Guam. The community needs to come together to show their support if we are ever to see the benefits promised to the CNMI by the Bush Administration.”

Letters for Representative Sablan’s office can be emailed to Paula Bermudes-Castro at paula.bermudes-castro@mail.house.gov and must be received by Wednesday, February 24, 2010.

For more information or if you need help drafting a letter, please email Angelo Villagomez at angelovillagomez@gmail.com.

The Friends of the Mariana Trench Monument formed in 2008 to express the voice of the local community and consists of a cross-section of indigenous and resident people of the CNMI who are dedicated to the conservation, preservation and protection of marine flora, fauna and geological features of the oceans; and the proper management of the Marianas Trench Marine National Monument. Visit them online at http://marianamonument.blogspot.com.

Tina Sablan Joins Retirement Fund Lawsuit

February 21, 2010

Former Representative Tina Sablan has joined the retirement fund lawsuit. On August 27, 2009 Attorneys, Bruce L. Jorgensen and Timothy R. Lord filed an amended class action lawsuit against the CNMI Government, the NMI Retirement Fund, the CNMI Department of Finance, Governor Benigno Fitial, Retirement Fund Chair Pedro Dela Cruz, the Fund Trustees, and Acting Secretary of Finance Robert Schrack.

The Plaintiffs' Motion calls for: (1) Appointment of L.R. 66.1.a.1 Emergency Receiver Pending Appointment of Permanent Receiver; (2) Fed.R.Civ.P.65(b) Temporary Restraining Order With or Without Notice; (3) Fed.R.Civ.P.23(c)/(g) Order Certifying This Action, Appointing Class Counsel, and Defining the Class and the Class Claims and Issues; (4) Issuance of a Judgment Creditors Bill to Reach CNMI Property and Permitting Plaintiffs Discovery and/or Providing Fed.R.Civ.P.64 or Additional Remedies; (5) Expedited Hearing and/or Briefing Schedule.

On June 29, 2009, Superior Court associate judge Kenneth Govendo ruled that the CNMI government owes the Fund $231.6 million and that the law suspending government contributions to the Fund is unconstitutional. The government and the fund were ordered to negotiate a payment schedule to meet the obligation. (See this post, Retirement Fund Mess.) Instead of reducing the obligation to the fund, the amount that the government owes has grown. As of February 2010 the government owes the Fund $280 million.

The Plantiffs in the case, Jane and John Doe, were identified as former CNMI employees who wish to remain anonymous "due to concerns relating to personal safety and fear of retaliatory and retributive misconduct and/or persecution as a consequence of the decision to exercise their rights by commencing and perpetuating this legal action." They represent themselves on behalf of all other class members in this class action.

The lawsuit was amended to include Attorney David Price as a plaintiff. Last week former Representative Tina Sablan joined the lawsuit as a taxpayer and pension beneficiary. The Marianas Variety quoted her as saying, “I also decided to join as a result of much personal worry, not only about my own security as a beneficiary and taxpayer, but about the future retirement security of my mother and many other members of my family who have together contributed decades of service to the CNMI government and people.”

Ms Sablan stated as reasons for joining the lawsuit:

To be very frank, I simply do not have any reason to believe that there is enough political will at any level in the local government to decisively address the severe crisis that has beset the Fund and that has placed every single retiree, active government employee, and taxpayer at risk. I have sat through too many meetings of the Fund trustees, members of the legislature, and the administration that were little more than exercises in futility and denial. And consider, especially, the following:

• The almost complete lack of scrutiny that goes into appointments and confirmations of Fund Board members;
• It took the Fund Board more than two years of zero government contributions before they finally filed the lawsuit;
• Fund trustees have actually admitted during meetings with the legislature that they had felt compelled to make riskier investments at higher returns because of the government's failure to pay contributions, and as recently as last year were seriously contemplating investing in a bankrupt CUC;
• Even after Govendo had issued his order compelling the remittance of hotel occupancy and beverage container taxes to the Fund, there were members of the legislature who still resisted passing a budget that would explicitly provide for that;
• After the Fund trustees had finally filed their lawsuit in Superior Court, lawmakers still tried to pass legislation to increase retirement benefits without identifying a source of funding, and to provide for only partial payments of benefits to retirees for whom the government had failed to pay contributions in full despite questions about the constitutionality of this proposal;
• As recently as a few weeks ago, lawmakers actually suggested borrowing from the Retirement Fund to pay off delinquent housing loans;
• Even today, the administration, some lawmakers, and some Fund trustees are describing the pension obligation bond proposal as "the solution" to the Retirement Fund's woes;
• The administration has insisted on conducting its negotiations with the Fund trustees regarding the Superior Court judgment in secret, for reasons that are totally unclear and unjustified;
• Even today,the CNMI government is still failing to pay contributions to the Retirement Fund at the actuarial rate.

These are just a few of the facts and circumstances that I took into consideration before deciding to join as a plaintiff in the lawsuit that has been filed in federal court. Enough is enough.

Attorney Bruce Jorgensen said that the "members of the Fund’s board of trustees are all political appointees beholden to the governor," which is a reason that a federal equity receiver should be appointed to oversee the operations of the Fund.

The Marianas Variety reported:

Last week, Jorgensen notified the federal court and the counsels of the Fund’s board and administration about Sablan’s decision to join his case as a named plaintiff.

“Ms. Sablan, like Mr. Price, is keenly familiar with and knowledgeable about the U.S. court proceeding, has expressed her utmost support for the claims being raised and asserted on plaintiffs’ behalf in the U.S. court proceeding,” Jorgensen said.

“In addition to Ms. Sablan, other Fund retirees and beneficiaries, situated both within and without the CNMI —as well as multiple attorneys formerly employed by the CNMI — have expressed willingness/interest as to the prospect of joining the U.S. court proceeding as plaintiffs though, at present, joinder is being sought only as to Mr. Price and Ms. Sablan,” he added.

Considering the failed state of the retirement fund and the apparent mismanagement it is amazing that not every person who expects to receive benefits from the fund has not joined the lawsuit.

Hearing on Marianas Trench Marine National Monument Visitor Facility

February 21, 2010

On Friday the House Committee on Natural Resources announced:

On Thursday, the Subcommittee on Insular Affairs, Oceans and Wildlife will receive testimony on the following bills:

• H.R. 3511 (Sablan): To authorize the Secretary of the Interior to establish and operate a visitor facility to fulfill the purposes of the Marianas Trench Marine National Monument, and for other purposes. “Marianas Trench Marine National Monument Visitor Facility Authorization Act of 2009”

• H.R. 4493 (Bordallo): To provide for the enhancement of visitor services, fish and wildlife research, and marine and coastal resource management on Guam related to the Marianas Trench Marine National Monument, and for other purposes. “Marianas Trench Marine National Monument Management Enhancement Act of 2010”

Visit the Committee’s Web site to access witness testimony following the conclusion of the hearing. (February 25, 2010, at 10:00 a.m., Room 1324 Longworth House Office Building)

Angelo Villagomez said that Agnes McPhetres will be testifying. He said that testimony is needed from CNMI residents and urges everyone to take the time to write:

Testimony should include:

1. Who they are
2. What they did to support the creation of the monument
3. What they want to see from the monument
4. And to request a Mariana Trench Visitors Center be built on Saipan

There is a sample letter at Angelo's website. He suggests that the letter should be sent to both Congresswoman Bordallo and Congressman Gregorio (Kilili) Sablan.

At The Saipan Blog he writes:

The economic and social benefits promised by the designation of the Mariana Trench Marine National Monument are in danger of being lost to Guam unless you do something about it.

Yes, YOU. If you are reading this and you want to see a Visitor’s Center built on Saipan instead of Guam, YOU need to get involved RIGHT NOW.

The Mariana Trench Marine National Monument belongs to the people of the Commonwealth of the Northern Mariana Islands. 6000 people signed a petition in support and 500 students wrote letters to the president. Backing was so strong that two separate independent polls found 66% of registered voters supported its creation in the Fall of 2008. And it was people from the Commonwealth, the Governor, the First Lady, Agnes McPhetres, Ike Cabrera, and myself that sat in the White House as President George W. Bush created the monument on January 6, 2009.

On Guam there was no public discussion and only a single meeting with federal officials. Guam Governor Camacho, Representative Bordallo, and an assortment of Western Pacific Regional Fisheries Management Council thugs also vehemently opposed the creation of the monument.

Please take the time to read the entire post and take the time to write a letter.

Here is a press release from Congressman Gregorio (Kilili) Sabaln:

February 19, 2010 12:35 PM
Saipan, MP – The House Subcommittee on Insular Affairs, Oceans and Wildlife announced today a hearing on H.R. 3511, the Marianas Trench Marine National Monument Management Enhancement Act of 2009. The bill provides for Monument visitor facilities to be located in the Northern Mariana Islands and was introduced by Congressman Gregorio Kilili Camacho Sablan in July. A similar bill, H.R. 4493, introduced by Subcommittee Chair Madeleine Z. Bordallo this year is also on the agenda. The hearing will be on Thursday, February 25th, at 10:00 am, EST.

“I want to thank Chairwoman Madeleine Z. Bordallo for making time on her Subcommittee’s very busy agenda for these two bills,” said Congressman Sablan. “I appreciate her positive response to my requests for a hearing.”

“The many people in the Northern Mariana Islands who supported establishment of the Marianas Trench Marine National Monument are very eager to see the promise of this Monument begin to be fulfilled. Establishing the visitor center in the NMI is an important first step towards realizing the potential benefits of the Monument.”

Kilili introduced H.R. 3511 on July 31, 2009. The bill has 37 co-sponsors. His bill authorizes the Secretary of the Interior to build a multipurpose visitor center in the NMI for interpretation, public education and enjoyment of the Monument. A hearing on the legislation was first scheduled in October, then cancelled by the Subcommittee.

Chairwoman Bordallo introduced H.R. 4493 on January 25, 2010. Bordallo’s bill provides for Monument visitor and research services to be placed on Guam. Bordallo’s bill also gives the Government of Guam a role in the management of the Monument, equivalent to the management role of the CNMI provided in the Presidential Proclamation that created the Monument.

The 95,216 square mile Marianas Trench Marine National Monument is composed of three units. The Trench unit includes the seabed in which the Marianas Trench is located. The Volcanic Unit includes numerous undersea volcanoes and thermal vents. Neither of these units incorporates the waters above the ocean floor.

The Islands Unit encloses the CNMI islands of Farallon de Pajaros, Maug Islands, and Asuncion. The Islands Unit includes both the seabed and the ocean waters above. Only the three islands themselves, which belong to the Commonwealth, are not part of the Islands Unit of the Monument.

“I look forward to working with Chairwoman Bordallo to make sure that Congress does the right thing with respect to development and management of the Monument,” says Congressman Sablan.

“And I look forward to taking testimony from Governor Fitial, the Northern Marianas Legislature, Friends of the Monument, and other parties both in the Northern Marianas and nationally, who advocated for the Monument or helped negotiate with the White House the terms and conditions of the Presidential Proclamation, signed on January 6, 2009.”

The Subcommittee will webcast the hearing live from the House Natural Resources Committee website: http://resourcescommittee.house.gov.

Anyone interested can also watch the webcast live at the Saipan District office on February 26th, 2009, beginning at 1:00 am, Chamorro Standard Time. Please refer questions about the event to Congressman Sablan’s Saipan district office at (670)-323-2647/8.

See also this post: Marine Monument Battle Brewing

Guest Worker Meet-Up

February 20, 2010

Guest workers and nonresidents met Friday evening in front of the TSL Building where the USCIS Office is located to continue their campaign for improved status. About 150 nonresidents and supporters showed up where there were discussions and a barbecue. Some of the workers spoke on video camera to explain their situations and appeal for status. Rabby Syed, president of the United Workers Movement NMI said the tape will be sent to federal agencies.

The campaign is similar to the one done in 2007 and 2008 where I video-taped guest workers, FAS citizens and permanent residents to bring their messages to policy-makers in Washington, DC. (You can see one of the tapes that was distributed in the Congress and to federal agencies here.) Letters and video-taped messages put a face on the issue, which is especially important since the CNMI is thousands of miles from Washington, DC where decisions are made.

The final rules for the foreign investor and the transition worker program should be released this month. Workers and employers have been waiting anxiously for the final rule to be implemented. The comment period ended January 8, 2010 over one month ago. From the DHS web site:

On Oct. 27, USCIS published an interim final rule creating a Transitional Worker visa classification in the CNMI during the transition period—allowing alien workers currently ineligible for other classifications under INA and who perform services or labor for an employer in CNMI to receive nonimmigrant visa classification. However, on Nov. 25, 2009 a federal district court issued an order prohibiting DHS from implementing this interim final rule. As a result, the transitional worker visa classification is unavailable to CNMI employers, workers and their families until further notice. This court order does not affect any aspect of the transition to federal immigration law other than the specific transitional worker program that was the subject of this interim final rule.

The next gathering will be held on Saturday March 6, 2010. The United Workers Movement -NMI will be releasing more details on that event, which will focus on children.

Nani and I are leaving for Washington, DC this week to meet with staffers and officials concerning improved status and other concerns. If any other workers or worker leaders have petition pages to send, please contact Rabby Syed, Ronnie Doca or Itos Feliciano so they can be scanned and the originals can be mailed. You can sign the online petition until Wednesday.

Photo by Junhan Todeno ©2010

Judge Munson's Decision: No dismissal for 3 trying to enter Guam illegally

February 18, 2010

U.S. District Court Judge Alex Munson ruled on the motion by three of the twenty-four charged on January 5, 2010 with attempting to enter the United States illegally. Attorneys for defendants Yong Jun Li, Shinguang Li and Weikun Zhong asked for the case against their clients to be dismissed. The attorneys argued that "because the CNMI is a part of the United States for immigration purposes their travel was within the United States and cannot be deemed "illegal entry."

Judge Munson disagreed citing the fact that the CNRA provides for a transition period to U.S. immigration which is currently in effect. From the Order:

This Court has previously held that the CNMI was not considered "part of the United States for purposes of United States immigration laws" because United States immigration laws did not apply to the CNML United States v. Ye, 2004 WL 1810575, *4 (N.M.I. 2004) (citing Covenant § 503). On June 1,2009, the United States Congress passed the Consolidated Natural Resources Act of2008 ("CNRA") which makes the United States immigration laws applicable to the CNML Defendants rely on the CNRA in arguing that the CNMI is now a part of the United States for immigration purposes and travel between Saipan and Guam cannot be considered "illegal entry." However, the CNRA provides a transition period (that we are currently in) wherein, among other exceptions, the United States asylum laws do not apply within the CNMI and certain aliens may be legally present in the CNMI that would not otherwise be admissible in the United States. 48 U.S.C. §§ 1806(a)(7), (b)-(e). As such, although the CNRA seeks to eventually make the CNMI "a part of the United States for immigration purposes," the transition period exceptions require the conclusion that the CNMI is not yet fully a part ofthe United States for immigration purposes. Accordingly, Defendants' motions to dismiss are DENIED.

The judge also denied their motion for a bill of particulars "because the allegations put Defendants on notice of the charges against them and protect them against double jeopardy."

The motion for additional discovery was in part denied, and in part granted. From the Order:

Defendants move for additional discovery. The Court rules as follows:
1. The government shall provide all translation/transcription drafts of audio recordings, if any;
2. The government shall provide Defendants with the report documenting the January 5, 2010 conversation;
3. The government is NOT required to provide the requested agent guidelines for the reasons stated in the Government's Addendum to Response to Defendant's Motion to Dismiss and Alternatives and because Defendants have not provided
reasonable justification for the information

The U.S. Government's Addendum to Response to Defendant's Motion to Dismiss filed with the Court on February 17, 2010 outlines the policy and sensitivity of ICE investigations. The addendum clearly states that revealing the requested agent guidelines "could disrupt ongoing investigations and actually compromise or negate the very objectives of the ICE enforcement mission." It also stated that disclosing the information could reveal the identity of special agents "who are engaged in such techniques."

The Addendum states:

The Undercover Operations Handbook is law enforcement sensitive, contains privileged information, and may not be released. Law enforcement operations cannot be effective if conducted in full public view. The internal U.S. Immigration and Customs Enforcement (ICE) Manual and operational documents being sought contain information describing how ICE carries out investigations, including ICE’s use of law enforcement techniques not generally known to the public. The agency consistently asserts the law enforcement privilege in response to requests for these types of internal documents.

Congressman Sablan Submits Names for NMI Federal Judge
With Federal Judge Alex Munson resigning effective February 28, 2010, Congressman Gregorio (Kilili) Sablan has submitted two names, one male and one female, to the White House with his recommendations for a replacement.

According to the Saipan Tribune:

District court judges are appointed by the U.S. president, with the advice and consent of the U.S. Senate to 10-year terms or until a successor is chosen and qualified.

Sablan said the two are “residents of the CNMI” but couldn't say whether they are currently government or private lawyers. He didn't say whether they are indigenous CNMI residents.

“I prefer that it is someone from the Northern Mariana Islands. I also think that we need to start promoting our people here. We have many qualified individuals here, some of them happen to be Chamorros and Carolinians,” he said.

The Marianas Variety stated that the Congressman said that both nominations were "of Northern Marianas-descent."

Judge Munson has served as a judge in the CNMI since he was appointed in 1982 to serve as chief justice for the high court of the Trust Territory. President Reagan nominated Judge Munson to be chief judge for the U.S. District Court of the NMI in 1988. He was re-appointed in 1998 by President Bill Clinton for another 10 year term.

Congressman Sablan also said that he will also ask the federal government to consider establishing federal law enforcement officials exclusively for the CNMI including a U.S. Attorney, a Public Defender and a U.S. Marshal.

CNMI Data Kept From Federal Government

February 16, 2010

The Government Accountability Office (GAO) issued a sixteen page report on CNMI immigration Border Control Databases to U.S. Senator Jeff Bingaman (D-NM), Chair of the Senate Committee on Energy and Natural Resources. The report emphasizes the fact that the federal government has no direct access to the LIDS data system that was paid for with a $1.5 million federal grant form the Department of Interior's Office of Insular Affairs.

The CNMI Department of Labor has released little data that they have collected from their LIDS system, which is the revised LIIDS system. (See these posts for more information on the CNMI DOL's refusal to share essential data and campaign to maintain the broken local system: Fitial Administration Grasping to Retain Broken Local System, More On CNMI Statistics and Data, DOL's 10th Interim Report: Hidden Data and Statistics, Questions About the CNMI Department of Labor, and Hidden Data)

The GAO report indicates that the federal government sent a letter to the governor requesting information on the LIDS system and the Border Management System (BMS) (Emphasis added):

The LIDS and BMS databases have remained in the CNMI’s control during the CNMI’s transition to U.S. immigration law, and as of January 2010, the U.S. government’s direct access to information in these databases had not yet been established.

On July 1, 2008, a senior DHS official sent a letter to the Governor of the CNMI requesting a broad range of documents that included information on the current CNMI system for recording and documenting the entry, exit, work authorization, and authorized conditions of individuals staying in the CNMI. DHS also requested any repositories of fingerprints, photographs, or other biometric information included in the system.

On August 19, 2008, the office of the Governor of the CNMI responded to the letter by providing an overview of the BMS system, describing the security of the system, the data input and output, and the immigration system’s history in the Commonwealth. The document notes that BMS collects photographs through passport readers but states that the CNMI does not maintain any repositories of fingerprints or other biometric information to share with DHS.

In September 2009 the CNMI government suggested that data would be shared for a fee. Perhaps they forgot that the system was paid for by the federal government. From the report: (emphasis added)

On September 15, 2009, the CNMI government issued a draft protocol for implementing U.S. immigration law that, among other things, proposes to allow the U.S. government restricted access to information contained in LIDS and BMS, for a fee and in exchange for comparable information. Specifically, the CNMI protocol envisions the following:

•DHS and the CNMI will engage in a two-way data exchange, with DHS providing flight entry data and the CNMI providing information from its immigration records (LIDS and BMS).

•The CNMI will provide access to CNMI immigration records that DHS formally requests via an appropriate document and within a reasonable time frame.

•The CNMI will consider privacy protections in making information available to the U.S. government.

•The CNMI expects to recover the cost of generating and producing any information requested by DHS.

As of January 2010, the U.S. government had no direct access to LIDS and BMS and had no arrangements in place to obtain direct access, according to U.S. officials.9 The CNMI government has provided DHS access to the information stored in LIDS and BMS on a case-by-case basis.

CNMI has assigned one point of contact to respond to all DHS data inquiries, such as inquiries for verification of an individual’s immigration status. Since the United States assumed control of immigration and border security in the CNMI on November 28, 2009, the CNMI government has continued to maintain and update LIDS and BMS.

CNMI Customs officers now collect information to update BMS with data on entries and departures from Commonwealth airports and seaports. Computers and passport readers, previously used by CNMI immigration, have been installed at airport customs inspection stations, and data from customs declaration forms are used to update the system.

The report states that the current system and the fact that the CNMI government provides one point of contact for information could compromise security and investigations. From the report:

ICE stated in its technical comments relying on one CNMI point of contact to verify immigration status for individuals subject to department investigations is insufficient and could compromise security for ongoing operations. ICE noted that because DHS operates 24 hours per day, 7 days per week, the CNMI point of contact cannot be responsive to all of the department’s needs. ICE officials said that it is imperative for the department to have direct access to the CNMI data systems in order to perform the department’s mission with maximum efficiency.

USCIS suggested in its technical comments that pertinent CNMI immigration information should be integrated into their existing systems: the Computer Linked Application Information Management System (CLAIMS 3 and 4)10 and the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT).11 In the interim, LIDS and BMS databases should be installed as stand-alone systems in Honolulu, Guam, and Saipan for USCIS adjudications access. Staff from USCIS’s California Service Center should also have access to, and be trained in the use of, LIDS and BMS.

The CNMI government needs to turn over all records to the federal government and release control of LIDS and BMS to appropriate federal agencies.

Read more at the Marianas Variety in an article by Gemma Casas.

Meeting of Nonresidents

February 17, 2010

The United Workers Movement-NMI has announced that there will be a pocket meeting of foreign nationals on Friday, February 19, 2010 in front of the TSL Building (DHS office) from 4:00 pm - 7:00 pm. Nonresidents will discuss obtaining permanent status and invite all interested parties to attend.

They are asking all workers to chip in $1.00 for the barbecue at the beach. Contact Rabby Syed at 285-3306 or Ronnie Doca 285-9255 for more information.

It's not to late to join the thousands of CNMI residents, nonresidents and their supporters in signing the petition to show support of permanent status for the nonresidents of the CNMI!

The petition will be online for a few more days. You can sign here!

Petition powered by ThePetitionSite.com

Dept. of Corrections Commissioner Replaced

February 16, 2010

Governor Fitial has switched positions of two key members of his administration. Department of Corrections Commissioner, Dolores Aldan has been replaced by Ramon (Ray) Mafnas who has been serving as Fitial's senior policy advisor. Aldan will now serve as Fitial's "special assistant for political affairs."

Dolores Aldan, the controversial DOC Commissioner who was a key player in orchestrating the release of federal prisoner-masseuse Qingmei Cheng to give the governor a massage, has been under criticism since the story broke in early January 2010. Aldan is married to Vicente Aldan who is serving time in jail for putting a gun to the head of his former common-law wife and pulling the trigger three times. Aldan allowed her prisoner-husband to be released from prison for weekend furloughs. She was also involved in an incident on Tinian that remains unresolved.

The governor's new press secretary made a snarky remark concerning the Marianas Variety, the newspaper that is under financial and verbal attack by the Fitial Administration. From the Saipan Tribune:

Press Secretary Angel A. Demapan said yesterday that Mafnas' appointment as Corrections commissioner is contrary to a report that appeared in yesterday's issue of another newspaper purporting that Aldan has been reappointed Corrections commissioner.

“It is my duty to correct misrepresentations made to the general public. That being said, it is also my responsibility to remind the people that all executive appointments are made by the governor, not the Variety,” he said.

Mafnas, who has a criminal justice background, served as Fitial's senior policy advisor since he was first elected into office. He also served as acting Corrections commissioner acting commissioner for the Department of Public Safety.

Demapan said Fitial on behalf of Lt. Gov. Eloy S. Inos told Mafnas in his appointment letter that the administration “believe(s) in your skills and talents will be best served as the Commissioner of the Department of Corrections.”

It should be noted that the governor has refused to provide the Marianas Variety with news from the governor's office for quite some time, as editor Zaldy Dandan detailed in his editorial last week:

Since November, his administration has refused to provide information to Variety reporters, but clearly we have not learned our “lesson” and should be “disciplined” more severely. Hence, the cancellation of federally financed public information ads, and never mind if he has no authority over the funds or even if a contract was already signed.

If the governor expects accurate reporting he should distribute the facts and news to all media outlets and stop the vindictive games. Otherwise does he have the right to express a complaint, either himself or through his press secretary? Probably not.

Political Games in Fitial Administration

February 15, 2010

Massage-gate proved to provide the scandalous and prominent opening of Governor Fitial's second term. His order to have his masseuse-prisoner released from jail to give his a massage is a major controversy that has not ended. Qingmei Cheng was arrested on January 5, 2010 for attempting to bring aliens into the United States and was ordered held without bail as she was considered a flight risk. The governor refused to acknowledge any lack of judgment and has yet to apologize for ordering her to his house to "relieve back pain."

The U.S. attorneys may still investigating the prisoner's release according to some sources. The violation of the federal court order remains unresolved as no charges have been filed.

Now the Marianas Variety reports on "political sweetheart deals" between the administration and the legislature. Of course, the public already knows that appointments have routinely been made based more on loyalty to the governor than on the appointee's experience and qualifications. Just last year Lino Tenorio was released as Commissioner of the Department of Corrections because he made public his intention to run as a Republican for the office of mayor. Fitial claimed he was disloyal to the Covenant Party and he appointed the notorious Dolores San Nicolas Aldan to the position of DOC Commissioner. Aldan supports the Covenant Party, is a leader in the indigenous rights group, and supported Fitial's anti-federalization lawsuit publicly and in court documents.

A concerned citizen, who quite understandably wants to remain anonymous, questions the appointment of some unqualified individuals to prominent positions within the administration. One of those is Melvin O. Faisao who was nominated to head the Department of Community and Cultural Affairs.

The concerned citizen stated in a letter to Senate President Paul Manglona:

“I would like to remind each of you that the people of the CNMI voted for you and are displeased with the negative turn of events, the political sweetheart deals and courtship that the members of the House and the Senate are having with the governor. “Each of you has a fiduciary duty to uphold the constitution, its laws and the interest of the CNMI people to include the rights of government employees and the efficiency and effectiveness of government services.

The letter writer accuse Faisao of "mismanagement and lack of professionalism" stating that under his management the Arts Council lost federal funding, and employees protected by the Civil Service Commission were transferred against their will. The letter states, the Youth Detention Center was “closed down by the feds and transferred to the Department of Corrections; the U.S. Department of Labor sanctioned DCCA for unpaid wages; the Office of the Auditor is now investigating DCCA’s Office of Aging on misuse of government vehicles and federal funds to purchase food, beverages and propane gas for the Covenant Party campaign rallies.”

The Marianas Variety reports:

The concerned citizen also alleged that Faisao, a former House member, ignored the civil service law when he re-assigned some DCCA employees to the Kagman Detention Center even though the federal government had already closed the facility.

These employees believe their support for Republican candidates in the last elections prompted Faisao’s decision to transfer them.

The concerned citizen called on the Fitial administration to consider another appointee for DCCA which also deals with the federally funded food stamp program.
“There are many individuals within Governor Fitial’s Covenant Party who are college educated and have higher qualifications and accomplishments who demonstrate professionalism and leadership that the governor could have nominated as DCCA secretary,” the letter writer said.

“I hope there are still sensible leaders who will look beyond the party and vote with ‘common sense’ and the people’s interest first,” the letter writer added."

There has also been considerable concern over the appointment of Dolores Aldan as Commissioner of the Department of Corrections. She was involved in a scandal with her husband's former common-law-wife. Some also question why she is allowed to furlough her prisoner-husband from jail on the weekends. Additionally, she was responsible for delivering the prisoner-masseuse to the governor's home at around 3:00 am without authorization. Clearly, the woman has shown repeated instances of extremely bad judgment and has even violated standard detention policy. (Please see this post and this post for details on problems at the DOC and Aldan's lack of judgment.)

It's telling that people want to remain anonymous when speaking about the Fitial Administration. Nasty retaliatory tactics like pulling public ads from the Marianas Variety because of unfavorable publicity, allegations of paying people's CUC bills in exchange for votes, reports of promises of jobs in exchange for votes, and other unethical allegations and actions cloud the CNMI's reputation and create a climate of fear and submission. How many people who reported anonymously on massage-gate to the press prefaced their comment with a request to remain anonymous because they couldn't afford to lose their jobs? Political favors have and will continue to harm the residents of the CNMI until more people speak up and demand ethical government.

Fitial and Sablan

The Marianas Variety also covered the story of a "rift" between U.S. Congressman Gregorio (Kilili) Sablan and Governor Fitial. Allegedly Governor Fitial has ordered members of his administration not to visit delegate Sablan when they are in Washington, DC. or "to seek his help in facilitating meetings between CNMI and federal officials."

Fitial claimed the only time he did not stop by Congressman Sablan's office was last year when he "had lunch with Guam Congresswoman Madeleine Bordallo instead of Sablan." The offices of Boradallo and Sablan are next to each other in the Canon House Office Building. It may not have been too difficult for the governor to visit both delegates and it seems logical that if faced with time restraints the governor would certainly visit the delegate from the CNMI.

Everyone noticed that when the congressional delegation visited the NMI in August 2009 Congresswoman Bordallo (D-Guam) and Fitial's friend and political ally, Congressman Eni Faleomavaega (D-American Samoa) failed to attend the meeting with the nonresidents. In any other locale even the governor would have attended the meeting with the nonresidents, which was attended by the chair of the House Resources Committee Nick Rahall II (D-WV), Congressman Gregorio Sablan (D-CNMI) and Congresswoman Donna Christensen (D-VI).

The Variety reported:

Sources said the governor was apparently upset that Sablan sought the federal prosecutors’ help to stop a group of Korean investors from making false advertisements about the CNMI.

“This puts the CNMI government workers seeking federal grants in a bind since Sablan’s office has been facilitating meetings between CNMI and federal officials and staff,” one of the sources said.

Sablan’s legislative assistant, Julia Martin, was supposed to meet with Department of Public Health officials so she could familiarize herself with the islands’ health care situation.

However, the governor’s office cancelled Martin’s meeting at the last minute. But she did manage to meet with other health authorities.

If we listen to the spin from the Office of the Attorney General and other Fitial supporters claiming that the governor's health is so poor that it should be accepted by "caring"people that the decision to remove a prisoner from jail for a massage was a critical health matter, then we should also question whether or not the governor is healthy enough to take another trip to Washington, DC. He will be attending the annual governor's meeting with his wife, Josie next week.

Political games are obstacles to effective government, blocks to sound fiscal policy and they impede social justice. Governor Fitial may be one of the champion game players. The Speaker of the House, Froilan Tenorio is another skilled political game player. As long as the people submissively accept the political games and allow elected officials to bully them, then the public will continue to be the recipient of the injustice and the problems that such games reap.

On Waiting for Regulations

February 15, 2010

Foreign national workers and business owners are anxiously awaiting the final DHS regulations. So many question have been left unanswered. What authority does the CNMI Department of Labor have, if any, over the foreign national workers? The local departments in the states have authority over minimum wage and employment services only, but comments posted by Kaipat and Willens on the transition worker regulations indicate that they want the department to have power that is even in conflict with the intent of the CNRA.

Why is the CNMI Department of Labor still collecting fees for TWAs and other permits if a person was issued an umbrella permit? Can foreign students be given work permits? Why is DOL taking on immigration responsibilities such as issuing identification cards for foreigners, which is clearly an immigration role?

Guest workers with any questions should report to the Federal Ombudsman's Office. The office is currently assisting seven foreign nationals to sue DOL in superior court for refusing to give them TWAs to find employers. The workers were all given umbrella permits. The Saipan Tribune stated:

According to the petitions, the Labor orders were arbitrary, capricious, and violated their statutory, procedural and substantive due process rights.

Maya Kara, who reportedly worked with DOL "volunteer" Deanne Siemer to draft PL 15-108 and has been contracted by the DOL as a hearing officer, was also critical of the slowness of the DHS in issuing the final regulations on the transitional worker classifications. The Saipan Tribune quoted her:

Kara said it is “outrageous” and “unprecedented” that federal agencies such as U.S. Labor “have not done their homework,” given that the federalization law was signed in May 2008.

In March 2009, DHS Secretary Janet Napolitano delayed the start of the transition to the CNRA from June 1, 2009 to November 28, 2010. The CNMI transitional worker classification regulations were issued in October 2009 and the comment period on the regulations ended January 8, 2010.

There are 21 pages of comments on the regulations.gov website. I emailed my comments directly to DHS rather than post them online, and I am sure that others did the same. It must take some time to thoroughly review and consider the comments, so realistically I wouldn't expect them to be issued until some time this month.

In commenting on the slow action on federalization issues, the Saipan Tribune reported that at least some of the business owners showed support for our drive for status for the foreign nationals:

David Sablan of Century Insurance said the federal government should not make the process complicated.

“Why don't just issue permanent residency to some 20,000 (alien workers), since we know that's the number we need. Why complicate the whole issue?” he said.

Another businessman said if the Guam Organic Act was made possible, then there's no reason the same cannot be done in the CNMI.

Where to Get Information

Guest workers should go to the Federal Ombudsman's Office for any questions on their status or permits: Contact Cris/Glen if Tagalog or Sri Lankin - 322-8034/8038 and Li/Ripon if Mandarin, Cantonese or Bangladeshi - 322-8033/8037

The USCIS released information on U.S. contact information:

The U.S. Citizenship and Immigration Services is reminding people that its official federal government Web site ends in “.gov”. You can check www.uscis.gov for immigration information.

USCIS provides information about immigration benefits in several ways:

-Call the National Customer Service Center at 1-800-375-5283.

-Visit our web site at www.uscis.gov and the special page at www.uscis.gov/cnmi

-Make an appointment at www.uscis.gov to visit the USCIS Application Support Center (ASC) at TSL Plaza on Saipan. Walk-ins will be seen after customers with appointments.

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

Forms: All USCIS immigration forms are available for free; go to www.uscis.gov/forms to download or call 1-800-375-5283 to have a form mailed to you.

InfoPass Appointments: InfoPass appointments are free and can be made at www.uscis.gov. Each person who needs to speak with an Immigration Services Officer should make a separate InfoPass appointment.

Case Status: To find out the status of a case filed with USCIS, go to www.uscis.gov. Select “After I File” and then “Check My Case Status”. Enter your receipt number, which has three letters followed by 10 numbers.

Parole or Advance Parole: Go to www.uscis.gov/cnmi and look under “CNMI Updates” on the right side to see how to apply for Parole or Advance Parole.

General Information: For general information, check www.uscis.gov or call 1-800-375-5283 to see if we can answer your questions over the phone. You can call USCIS toll-free for automated information and live assistance about immigration services and benefits. People can access information through a menu of automated options 24 hours a day, 7 days a week. During regular business hours, customers who need more information or assistance can be transferred to a customer service representative. In the CNMI, live assistance is available Tuesday through Saturday, 6am to 11am local time.

Other Immigration-Related Information: More information on U.S. immigration-related and travel issues can be found at other federal government .GOV Web sites:

-U.S. Department of Homeland Security - www.dhs.gov

-U.S. Custom and Border Protection - www.cbp.gov

-U.S. Immigration and Customers Enforcement - www.ice.gov

-Transportation Security Administration - www.tsa.gov

-U.S. Department of Justice- http://www.justice.gov

-U.S. Department of State- www.travel.state.gov

Source: USCIS