Report From Interior: Status Recommended for Long Term Foreign Workers

April 29, 2010

Here is the much-anticipated Report from the Department of Interior. It is straight forward, articulate, and everything that I expected it to be.

The statement that every foreign contract worker, every advocate, and every person with a moral compass hoped would be in the report, is in the report:

"Consistent with the goals of comprehensive immigration reform, we recommend that the Congress consider permitting alien workers who have lawfully resided in the CNMI for a minimum period of five years to apply for long-term status under the immigration and nationality laws of the United States."

The first section of the 20-page report is an executive summary that is broken down by the requests from the Consolidated Natural Resources Act. (See the previous post for the language of the law.) Brief responses are given in the first section, and then are elaborated on in more detail in later sections of the report:

REQUEST (1): The number of aliens residing in the Commonwealth

Response: As of January 2010, the best available estimated numbers for aliens residing within the CNMI: 20,859 aliens in the CNMI, of which 16,304 are alien workers. The number of aliens was derived from an accounting performed by the Department of the Interior’s Ombudsman’s office, during which the Ombudsman asked aliens to register voluntarily. We believe this accounting captured the most reliable tally of aliens in the CNMI. However, as described on page 14 of this report, this number probably underestimates the true number of aliens because many of those present in the CNMI without legal status probably chose not to register.

REQUEST (2): A description of the legal status (under Federal law) of such aliens

Response: Under the Joint Resolution to Approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (Covenant Act), the CNMI exercised control over its immigration system. Title VII of Public Law 110-229 amended the Covenant Act to provide that any aliens lawfully present in the CNMI on the transition program effective date (November 28, 2009) are not removable from the United States for being in violation of section 212(a)(6)(A) of the Immigration and Nationality Act (INA) [present without admission or parole] until the earlier of the date that is the completion of the period of the alien’s admission under the immigration laws of the CNMI or 2 years from the transition program effective date. Each alien who possessed a CNMI entry permit on November 27, 2009, was lawfully present in the CNMI on November 28, 2009 and able to avail himself or herself of the provisions contained in title VII. Based upon available data, approximately ninety-nine percent of the 20,859 aliens were legally in the CNMI and thus, are not removable under section 212(a)(6)(A) of the INA. The Ombudsman accounting is confirmed by the CNMI’s self reporting to GAO and data received from CNMI government including prior CNMI alien labor reports and tax records.

REQUEST (3): The number of years each alien has been residing in the Commonwealth

Response: The following is a summary and estimation of the numbers of aliens according to differing lengths of residence in the CNMI as collected by the Department of the Interior’s Federal Ombudsman:

5 years or more 15,816
3 years to 5 years 2,221
6 months to 3 years 1,979
less than 6 months 819
undeclared 24

REQUEST (4): The current and future requirements of the Commonwealth economy for an alien work force

Response: From a sample of ten Saipan Chamber of Commerce firms, the need for temporary alien workers is expected to increase by 15.9 percent between November 2009 and 2014.

REQUEST (5): Any such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted alien 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

Response: Consistent with the goals of comprehensive immigration reform, we recommend that the Congress consider permitting alien workers who have lawfully resided in the CNMI for a minimum period of five years to apply for long-term status under the immigration and nationality laws of the United States.

This is what the advocates and long-term foreign guest workers were hoping to hear! Aside from the positive recommendation for status, it should be noted that the DOI stated that 99% of the aliens are not removable until November 2011. Hopefully, the CNMI Department of Labor will take note of this.

The second section of the report is a "History of CNMI the Economy and Utilization of Alien Workers." It is a comprehensive look at the highs and lows of the economy that correlates with the rise and fall of the garment industry.

The third section of the report summarizes the statistics on the aliens in the CNMI including their numbers, their legal status and their years of residency. It details the ombudsman's accounting of the aliens in the CNMI. From the report:

On December 9, 2009, given the lack of a DHS registration and the refusal of the CNMI government to provide access to its border management system (BMS) and labor and immigration identification system (LIIDS), the Ombudsman’s office commenced counting the number of aliens present in the CNMI in order to provide the most accurate data for this report. Public notices regarding the accounting were posted in Chinese, Tagalog, English, and Korean, requesting all persons who did not hold U.S. passports or U.S. permanent resident cards to report to the Ombudsman. Citizens of freely associated states and other Pacific islands were considered alien (hereinafter “FAS citizens”) for purposes of the accounting. Meetings to brief major business leaders were conducted during this same period to reiterate the dual goals of the effort: obtain the most accurate count possible, while causing the minimum disruption to businesses in the CNMI.

One hundred and twenty two pages of data were gathered by the Ombudsman with the assistance and cooperation of not only major businesses but also the Catholic Diocese of Chalan Kanoa, the Philippine Consul General, the Japanese Consulate, the Korean Association, the Palauan Consulate and the leaders of alien workers’ groups such as the United Workers Group. Field enumeration began in Tinian on December 11, 2009, in Rota on December 12, 2009, and in Saipan on December 14, 2009. Because of the cooperative efforts of so many individuals and groups, over 21,000 aliens participated in the registration which ended on December 31, 2009.

I am glad that they noted the refusal of the CNMI government to share statistics and data.

The confirmation of the ombudsman's count is supported by the number of permits issued and the number of W-2s. The DOI provides tables to breakdown these figures. It also states that the February 16, 2010 GAO Report, CNMI Immigration and Border Control Databases, further confirmed the ombudsman's count. The section concludes:

Interior is confident that the actual accounting performed by the Ombudsman’s office captured the best available tally of aliens in the CNMI as of January 2010. The accounting concludes that there are 20,859 aliens in the CNMI, of which 16,304 are alien workers.

Concerning illegal aliens the report states:

We recognize that the methodology used by the Ombudsman likely undercounted the number of illegals who may have avoided being counted for fear of deportation. Persons who were illegally present in the CNMI (also referred to as “out of status”) just prior to the implementation of Federal administration on November 28, 2009 remain illegal.

The fourth section deals with the survey to determine the CNMI's future need for alien workers. The report stated:

Any projection of future labor needs, in an economic and business environment dominated by losses and a great deal of uncertainty, is extremely difficult. To make the job of estimating future demand for alien workers, as Public Law 110-229 requires, as practical as possible, Interior started with the Saipan Chamber of Commerce (SCC). Information gathered through the SCC provides a relatively good representation of business interests in the CNMI. Since Saipan represents over 91 percent of the CNMI population, it was deemed a sufficient domain for the survey.

The last of the five recommendations that the CNRA requested from the DOI is the one that concerns recommendations for status and this comprises the fifth section of the report. The report lists a variety of actions that the Congress may (or may not) consider including granting foreign workers with five or more years of residency U.S. citizenship through an Act of Congress.

I support immediate U.S. citizenship granted to the foreign workers by an Act of Congress. My second choice would be an unobstructed pathway to citizenship with no other conditions such as being chained to the CNMI for any length of time, or any nonimmigrant status. The foreign workers have already shown their commitment and loyalty to the CNMI by the length of time that they have resided in the CNMI, and by the valuable skills and amount of hard work that they have provided. They should not have to jump through any more hoops.

From the report:

Response: Consistent with the goals of comprehensive immigration reform, we recommend that the Congress consider permitting alien workers who have lawfully resided in the CNMI for a minimum period of five years to apply for long-term status under the immigration and nationality laws of the United States. Statuses under the INA that could be considered include (but are not necessarily limited to):

(1) alien workers could be conferred United States citizenship by Act of Congress;
(2) alien workers could be conferred a permanent resident status leading to U.S. citizenship (per the normal provisions of the INA relating to naturalization), with the five-year minimum residence spent anywhere in the United States or its territories; or
(3) alien workers could be conferred a permanent resident status leading to U.S. citizenship, with the five-year minimum residence spent in the CNMI. Additionally, under U.S. immigration law special status is provided to aliens who are citizens of the freely associated states. Following this model,
(1) alien workers could be granted a nonimmigrant status like that negotiated for citizens of the freely associated states, whereby such persons may live and work in the United States and its territories; or
(2) alien workers could be granted a nonimmigrant status like that negotiated for citizens of the freely associated states, whereby such persons may live and work in the CNMI only.

Precedent for the Congress granting long-term status to nonimmigrant workers was set by Public Law 97-271 (1982) when the Congress, citing its special responsibility and authority with respect to territories and the establishment of immigration policy granted the opportunity to apply for U.S. permanent residence to more than 20,000 legal, long-time (more than seven years continuous residence), alien workers in the U.S. Virgin Islands.

In P.L. 97-271, the Congress found that “in order to eliminate the uncertainty and insecurity of aliens who legally entered the Virgin Islands of the United States as nonimmigrants for employment under the temporary alien labor program, ha[d] continued to reside in the Virgin Islands for long periods (some for as long as twenty years), and have contributed to the economic, social, and cultural development of the Virgin Islands and ha[d] become an integral part of the society of the Virgin Islands, it is necessary and equitable to provide for the orderly adjustment of their immigration status to that of permanent resident aliens.” Congress also found that the immigration of family members of these workers would likely be detrimental to the Virgin Islands, and sharply limited the opportunity of family members not already long-term residents of the Virgin Islands to immigrate based upon the workers’ new status. Congress also significantly limited the entry of new temporary workers into the Virgin Islands. There may be some similarities between the alien workers’ situation in the CNMI and that of the Virgin Islands pre-P.L. 97-271.

We raise the precedent of P.L. 97-271 not to suggest that it is necessarily an appropriate specific model for a provision for the CNMI. Any legislation providing long-term status to workers in the CNMI would need to be carefully considered and drafted to provide appropriate provisions with respect to the extent of derivative eligibility for family members of workers and other important aspects of the program.

The report reflects much hard work and meticulous thought by Department of Interior Secretary Ken Salazar, Assistant Secretary Tony Babauta, the Federal Ombudsman Pamela Brown, and others who have had input on this report. Thank you to them all.

U.S. Department of Interior Foreign Worker Status Recommendations Report To Be Released Tomorrow

April 28, 2010

Assistant Secretary of the Department of Interior Tony Babauta will be meeting with the leaders of the guest worker groups tomorrow at the Federal Labor Ombudsman Office.

Rabby Syed said that he will hand-deliver a letter to Mr. Babauta with a copy of petition that was signed by over 5,000 residents and nonresidents calling for permanant U.S. status for the nonresidents of the CNMI. The petition was given to DOI in March 2010.

KSPN 2 reported that Mr. Babauta will hand-deliver the recommendations to Governor Fitial tomorrow. The deadline for the recommendations/report was May 10, 2010.

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 appllong-term status under the immigration and nationality laws of the United States.

Fallout from Arizona "Immigration" Law

Photo from Reuters

April 27, 2010

In addition to the law suits that are looming, there are political and economic consequences for states (and commonwealths) that enact unconstitutional laws that overstep authority.

Within days of Republican Arizona Governor Jan Brewer signing the new "immigration" law that President Obama called "misguided" conventions have been cancelled, cities have banned public workers from visiting the state, a California state legislator has asked for contracts with Arizona's businesses and agencies to be torn up, and anti-Arizona web-sites have been launched to strangle tourism. Nevada immigrants are organizing a boycott of Arizona and are working to overturn the law. Mexico has issued a travel alert.

There are numerous petitions online calling for a boycott of the state including Boycott Arizona! and Boycott Arizona 2010. There is a call to boycott the Arizona Diamondbacks, and to boycott Arizona as a venue for the 2011 All Stars Game.

Additionally, about 70 truckers have agreed to stop moving loads in and out of Arizona and they are working to get 200 truckers to join them for a 5 day boycott.

San Francisco has banned city workers from traveling to Arizona:

San Francisco's move comes as the Board of Supervisors introduced non-binding resolutions calling for comprehensive immigration reform and a boycott of Arizona because of the new law, which requires police to try to determine the immigration status of anyone they reasonably suspect of being in the country illegally. There are also online boycott campaigns calling for everything from a boycott of the Arizona Diamondbacks baseball team to the Grand Canyon.

Legal Hispanics make up 27% of Arizona's population. They are angry and they are organizing. Saturday, May 1st will be a day of protests across the nation.

Arizona's former governor, Janet Napolitano, Secretary of the Department of Homeland Security noted that the law did not go into effect for 90 days giving the U.S. Department of Justice time to review whether the law is constitutional. The U.S. Department of Justice needs to also review PL 17-1.

MSNBC quoted Secretary Napolitano as saying, "there is no value added by giving Arizona authorities the right to question anyone about their immigration status."

The Los Angeles Times quoted Attorney General Eric Holder as considering "the possibility of a court challenge":

"I think that that law is an unfortunate one," Holder said. "It is, I fear, subject to potential abuse. And I'm very concerned about the wedge that it could draw between communities that law enforcement is supposed to serve and those of us in law enforcement."

More Siemer Garbage

April 27, 2010

Fitial's DOL "volunteer" Deanne Siemer claims that "just like in the U.S. mainland, no one is leaving the CNMI." She was comparing the legal foreign contract workers in the CNMI to illegal aliens in the U.S. mainland. The statement made yesterday to the Saipan Chamber of Commerce is untrue. In fact, on average 700 or more illegal Mexicans return to Mexico through a gate in Tijuana every day. That's just one gate in one state for over 2,000 miles of border.

In 2008 MSNBC reported:

U.S. deportations have jumped by more than 60 percent over the past five years. Mexicans accounted for nearly two-thirds of those deportees, helping to roll back one of the biggest migrations of recent history. All along the border, shelters once full of people trying to cross into the United States are now home to thousands of deportees who sleep on mattresses strewn inches apart on cement floors.

In a week spent at the Tijuana gate, The Associated Press watched busload after busload of deportees arrive, some in a daze, still stunned over their sudden expulsion. Many stumbled over the Mexican official's question, "Where are you from?" after spending decades in the United States.

The faces of those who stream through reflect how tough and far-reaching the U.S. crackdown on illegal immigration has become.

Among them are young people. There were more than 18,000 repatriations of children under 18 to Mexico this year, and in more than 10,000 cases they were alone, according to the Mexican government.

There are also criminals. The U.S. does not break down figures by country, but it has deported about 55,000 prisoners so far this year. One man walked through the gate in slippers with 80 cents in his pocket, after being picked up by police during a violent fight with his wife in their backyard.

And there are women, with more than 40,000 repatriations since January — about 13 percent of all cases, according to the Mexican government. Sometimes the women are dropped off alone, at night. The U.S. Border Patrol in Washington says the safe repatriation of women is a major concern, but acknowledges there is no overall policy along the 2,000-mile border.

In February 2010 IPS reported that "the number of people deported from the U.S. annually has grown from just over 69,000 to over 356,000 in the past eight years, while resource-starved immigration judges issue decisions without sufficient time to conduct legal research and analyse the complex cases they are asked to decide." They reported:

The TRAC study found that the annual number of deportation cases brought in the nation's federal courts more than quadrupled during the eight years of the Bush administration. It reported that the September 2008 total of 11,454 immigration prosecutions represented an increase of over 700 percent from the same month seven years earlier.

The study reported that in fiscal year 2008, Department of Homeland Security (DHS) officers apprehended at least 791,568 deportable non-citizens; initiated 291,217 removal proceedings in the immigration courts against non-citizens; detained 378,582 non-citizens; and effected the deportation of 358,886 non-citizens.

The study says, "Immigration lawyers, civil rights advocates and some members of Congress have for many years been concerned about the operation of the Immigration Courts that are now a part of the Justice Department."

There is no doubt that the system in the mainland is also broken. Still aliens are leaving. Perhaps Ms. Siemer listens to too many hate radio programs that promote propaganda like, "No one is leaving."

In fact, foreign workers are leaving the CNMI also. Some who were not renewed or left their employment because of labor cases have moved on to other places to support their families. Some professionals including nurses have reported getting higher paying and more secure positions in places like the United States, Australia and Canada. My friend, Celso left the CNMI and is now working in Saudi Arabia. I know of dozens of others that have left since November 28, 2009.

It's ironic that it was the CNMI government who brought in tens of thousands of foreign workers, renewed their contracts for years, even decades, and now the complaint is that they are not leaving. It's even more ironic that the complaint that legal foreign workers are not leaving is coming from the voice of the Fitial Administration that whined to Judge Friedman that the terrible, bad federalization would take away all of the foreign workforce, thus destroying the CNMI economy. (You know, the one that was destroyed already.)

So what is Siemer really saying? Her complaint isn't that the workers are not leaving the CNMI, but that the local government no longer has legal authority to regulate them. They no longer have the authority to deport them before they can collect their wages or get justice. In fact, how many "illegal" aliens are there in the CNMI? Those that have umbrella permits are legal and recognized by the federal government as legal until November 2011.

Seimer claims that they are a strain on the federally funded hospital and that the CNMI is absorbing the cost of the unemployed. I thought the U.S. taxpayers funded CNMI social programs. It must be just terrible for them not to have authority over the powerless underclass that they have kicked around for decades.

Siemer had the gall to state that the CNMI Department of Labor has never put anyone in jail for violating labor law. The vast majority of people who have violated labor law in the CNMI were unscrupulous employers who cheated and abused employees. In fact, the CNMI has so rarely enforced their own laws or held any of those criminal employers truly accountable that you can count the cases where the OAG actually stepped in to prosecute. Otherwise, would there be millions in unpaid judgments? Politics and nepotism have not just poisoned the legal system, but the labor system.

Siemer was quoted by the Saipan Tribune as saying, “The CNMI is not looking to disadvantage employers [and] is not looking to disadvantage employees.” God forbid that an unscrupulous employer should ever get fined or jailed for refusing to pay back wages, for failing to refund an employee for illegal deductions, or for any number of other abuses and violations. The fact that the hollow CNMI labor laws have been so rarely enforced has encouraged and perpetuated abuses. Every employer knows there have never been teeth to the laws and there are no consequences for violating labor law.

The Saipan Chamber of Commerce president, Kyle Calabrese claimed that after Siemer explained the new CNMI labor laws-- the ones that violate the U.S. Constitution-- there is "a better understanding of the new regulations." What's not to understand? PL 17-1 represents a law that is unconstitutional, that conflicts with federal law, and was written in an attempt to undermine federalization and U.S. authority in a last ditch battle to maintain the broken local system.

Status for Foreign Workers

April 26, 2010

The long-awaited Department of Interior recommendation to Congress on the status of the CNMI's foreign workers will be revealed on Wednesday, April 28, 1010. Assistant Secretary of Interior will be meeting with Governor Fitial apparently to brief him on the recommendations.

Fitial said he would not oppose a recommendation for the guest workers to be given green cards, but at the same time has repeatedly stated that workers are "temporary."

Federal Ombudsman Pamela Brown has called leaders of guest worker groups to meet with her the same day to reveal the contents of the recommendations.

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 appllong-term status under the immigration and nationality laws of the United States.

The report is a recommendation. Any Congressional decision to act on the recommendation/s will take time especially in light of the partisan politics. Still, immigration reform is back on the font burner as Arizona's Republican Governor signed a controversial bill that President Obama called "misguided" and others have called unconstitutional. Senate Majority Leader Harry Reid announced today that both immigration reform and energy will pass this year.

Meanwhile Governor Fitial is waiting for the final regulations from DHS before deciding whether to throw away more money to appeal the ill-conceived federal lawsuit to fight federalization. The Saipan Tribune reported:

Fitial's special legal counsel, Howard P. Willens, told Saipan Tribune Friday that only when DHS issues the final form of the regulations will they make any move on the issue.

“When DHS issues the regulations in final form, we expect that the department will move to dismiss the third count of the complaint on the grounds that the department has now fully complied with the relevant provisions of the APA,” he said.

Willens said the Commonwealth will consult with its lawyers to determine if any further relief should be sought from the U.S. District Court for the District of Columbia.

“If no further relief is to be sought in this pending case, the third count will be dismissed and the question for the Commonwealth at that time will be whether it wishes to appeal any aspect of the court's earlier ruling with respect to counts one and two of the complaint challenging certain provisions of the Consolidated Natural Resources Act of 2008 (federalization law),” Willens said.

The Office of Information and Regulatory Affairs, Office of Management and Budget under the President of the United States released the dates for the timing on issuance of final regulations for the CNMI Transitional Worker Classification. The regualtions will be released in final form in September 2010. The Transitional Nonimmigrant Investor Classification final regulations will be issued in July 2010, and the issuance of the Guam-CNMI Visa Waiver Program regulations will be issued in November 2010.

What audacity the governor has to be discussing spending more funds on this lawsuit when the government is deep in debt and government employee's are having their hours and wages cut. But that's another story...

Fitial Political Favors: Money down the drain

April 26, 2010

While government workers will have their hours cut to meet the governor's call for austerity, there is nothing frugal about the governor's hiring practice. It involves awarding high-paying jobs to loyal Covenant Party followers regardless of qualifications, experience or criminal background.

There is outrage that Felix Nogis was hired as a consultant for the Department of Public Lands for $60,000. He was hired under a one-year sole source contract. The Tribune reported that "Nogis will be working with investors and developers in identifying laws and regulations that would enhance DPL's efforts on economic development."

From the Tribune:

Government officials and employees, who declined to be identified for fear of retaliation, questioned Nogis' qualification and criminal background as a convicted federal felon, as well as the Fitial administration's decision to hire him on a sole-source contract when contract or excepted service employees will be getting a 12.5-percent cut in their salaries next month.

The Marianas Variety reported that his pay is equivalent to that of three low-ranking government officials and pointed out that he will earn more than a cabinet member with a salary cap of $50,000.

The Saipan Tribune reported:

Nogis, doing business as FELNO Consulting Services, is a Covenant Party member and a member of the Fitial-Inos Transition Review Committee. He is chairman of the Committee to Elect Joseph N. Camacho as CNMI Delegate to the U.S. House of Representatives under the ruling Covenant Party.

Gov. Benigno R. Fitial declined to comment on the matter when asked on Saturday after the opening ceremonies for the 29th Annual Flame Tree Arts Festival in Susupe.

Does Governor Fitial comment on anything? Did he comment on massage-gate, on gun-gate, on parole-gate, or on the situation in the Office of the Attorney General?

It appears that no consideration was given to the fact that Mr. Nogis has no experience in the job for which he was hired or to the fact that he has a criminal record. As a Fitial supporter and Covenant Party supporter he was rewarded with a cushy job.

Nogis is a convicted felon. He was arrested in 2003 for embezzling federal funds from the Workforce Investment Act Office. He made and received over $15,000 in telephone calls to and from Palau, Japan and Western Samoa and charged them to to the WIA's communication account for payment. The calls were to a person with whom he had a personal relationship. (Who talks that much?) He was convicted of those charges.

In 2006 Nogis and two others were sued by the Bank of Saipan was nonpayment of a $100,000 loan.

In April 2010 Rep. Stanley Torres introduced a H.B. 17-52, a bill that would allow convicted felons with the exception of sexual offenders to petition the courts to expunge their records. Was the Covenant Party Representative introducing it to justify hiring of Nogis and other convicted criminals? The Marianas Variety reported:

Rep. Stanley T. Torres, who sponsored House Bill 17-52, or the Expungement Act of 2010, said many law-abiding citizens of the CNMI are “unfairly burdened and unduly prejudiced for life by the stigma and the record associated with a criminal offense they committed in the past.”

The Fitial administration has been criticized for hiring people with criminal records or nominating them to government positions.

Torres, Ind.-Saipan, is aligned with the ruling Covenant Party.

He said convicted felons who have paid their dues to society should not be denied opportunities.

“These citizens lose employment opportunities and suffer other harsh consequences, even though they have already been punished, have already repaid society for their past mistake, and have been rehabilitated as good citizens,” said Torres. “These citizens deserve a fresh start in life once they have paid their dues to society and have shown contrition and been rehabilitated, and sufficient time has passed to prove their overall respect for the laws of the land.”

Weekend furloughs, lenient sentences and early release are the norm, so why not a law like this? The CNMI is known as a place that rewards criminals and sticks it to victims so this should not be a surprise.

Nogis is not the only one to receive a high-paying job in exchange for Covenant Party loyalty. Also working now at DPL is losing Covenant party mayoral candidate for the northern Islands, Ramona Rebuenog who is earning $35,000 as a liaison for DPL projects to the northern islands. Patricia Rasa wife of the notorious Oscar Rasa is working at DPL as the supervisor of the planning division. All loyal Fitial, anti-federalization Covenant party members.

The hiring is not confined to the DPL. Fitial also has "special advisors" such as Howard Willens and Dolores Aldan, the former Commissioner of the Department of Corrections on the payroll. John Joyner was recently hired as Fitial's senior policy advisor.

Office of the Attorney General is a Sinking Ship

One of the four remaining prosecutors at the OAG, Jennifer Docketer resigned. She joins the unprecedented exodus of attorneys from the OAG. Uncertainty in the office is the reason given for her resignation. The Marianas Variety reported:

In an e-mail to the Variety, Dockter said: “I love my work at the prosecutor’s office. I will miss the staff, the officers at [the Department of Public Safety], and the other prosecutors [at the Attorney General’s Office].”

“However, the [AGO] criminal division is in the midst of uncertainty and I am not confident that it can be turned around in the near future,” Dockter added.

She said “in light of the opportunity at the [Supreme] Court, I can no longer justify staying at the AG’s office regardless of how much I enjoy serving the community in this capacity.”

Attorney Dockter has accepted a position of the Supreme Court clerk and the judiciary's general counsel. There are only two prosecutors and the chief prosecutor left.

You asked for it, you're getting it is a spot on editorial by Zaldy Dandan that nails it:

Let's save money. Let’s close down the judiciary as there is no need for it based on the governor and his parole board’s decision to release an apparently well-connected inmate guilty of a long list of very serious transgressions.

The Attorney General’s Office, moreover, forgives other favored offenders in willy-nilly fashion and is quick to justify the governor’s highly questionable actions — and appointments (his former lt. governor, commerce secretary, CUC executive director and driver have all been criminally charged and convicted, and among the ruling party’s rah-rah boys are other former convicted criminals; and don’t forget his masseuse).

Clearly there is no need for the courts and this is probably why the governor wants to gut the judiciary’s budget.

And what is the reaction of the people to the governor’s latest grave abuse of discretion? Except for a letter to the editor and anonymous postings on our Web site — nating. Any expressions of concerns from the so-called opposition lawmakers on Capital Hill? Taya again.

Four months down, four years and eight months to go. That’s not a prison sentence, by the way, but the administration’s remaining term in office.

Where is the public outrage? Why isn't the legislature addressing some of these outrageous happenings?

CNMI-Only Visa Categories Available

Press Release from USCIS

USCIS Advises Foreign Nationals Whose Work Permits Expire Before CNMI-Only Visa Categories are Available

WASHINGTON –U.S. Citizenship and Immigration Services (USCIS) announced today that it will grant parole-in-place status to certain foreign nationals in the Commonwealth of the Northern Mariana Islands (CNMI). Foreign nationals without umbrella permits whose work permits expire before new visa categories are available to them under federal immigration laws may be eligible for this interim status.

Certain employers and their foreign national employees did not apply for umbrella permits covering the two-year transition period to federal immigration law. They may have planned to apply for CNMI-Only Transitional Worker visas immediately after the Transition Period began in Nov. 2009. However, a court ruling that month stopped this nonimmigrant category from being available. As a result, some foreign nationals face losing their legal immigration status because of a gap between the expiration of their current CNMI work permit and the availability of the new CNMI-Only Transitional Worker status.

Certain foreign nationals with CNMI Investor permits may also face a gap between the expiration date of their CNMI investor permit and the availability of the CNMI-Only E-2 Investor status.

Parole-in-place would give impacted foreign nationals authorization under federal immigration law to remain in the CNMI and permit continued employment authorization until the CNMI-Only Transitional Worker Program and the CNMI Investor status are implemented.

To apply for parole-in-place, you should submit:

A completed Form G-325, Biographic Information;
3 passport-style photos (2” x 2” front view);
A copy of your UNEXPIRED entry permit;
A copy of the photo page of your valid passport; and
A statement from your employer indicating that you will have continued employment or evidence of your continued investor status.
Keep a copy of all materials for your records.

Mail all documents to the following address:

USCIS
ATTN: PAROLE - SAIPAN ASC
Sirena Plaza, Suite 100
108 Hernan Cortez Avenue
Hagatna, Guam 96910

The Consolidated Natural Resources Act of 2008 (CNRA) extended most provisions of federal immigration law to the CNMI beginning on November 28, 2009. As of that date, foreign nationals in the CNMI were considered present in the United States and subject to federal immigration law. In implementing the CNRA, USCIS seeks to implement Congressional intent by taking steps to minimize potential adverse economic effects on the CNMI and support future economic and business growth in the CNMI.

For more information in regard to the CNMI, please visit our Web site at www.uscis.gov/CNMI.

President Obama Pushes Immigration Reform as Arizona Governor Signs "Misguided" Bill into Law

April 23, 2010

"Our failure to act responsibly at the federal level will only open the door to irresponsibility by others." President Barack Obama

Today at a naturalization ceremony in the Rose Garden at the White House 24 members of the U.S. military from a variety of foreign countries became United States citizens. In his address at the ceremony President Barack Obama spoke of the urgent need for immigration reform. The president said:

"Today we celebrate the very essence of the country that we all love -- an America where so many of our forbearers came from someplace else," said Obama, whose father was Kenyan.

"And so on a day like this, we are also reminded of how we must remain both a nation of immigrants and a nation of laws," he said. "This includes fixing America's broken immigration system."

President Obama spoke of SB 1070 the bill that was signed into law by Arizona's Republican Governor Jan Brewer. The law has been called racist, unconstitutional, mean-spirited, radical and a desecration of the Bill of Rights. The President said, "The law threatens to "undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe."

The ACLU states that the law "unconstitutionally allows the state to regulate immigration -- a power which the Constitution assigns to the federal government." It says that the bill "grants police officers authority to conduct warrantless arrests of anyone who cannot immediately produce documents and notes that such action has already been deemed invalid by the Ninth Circuit Court." The bill encourages racial profiling.

This law, like the CNMI's own misguided PL 17-1, will surely be challenged. It even contains a mirror provision that the CNMI bill contains: requiring aliens to carry their alien registration papers at all times.

New Mexico's Governor, Bill Richardson called the bill "a terrible piece of legislation that is against the democratic ideals of this country."

According to CNN, Raul Grijalva (D-Arizona) closed his two district offices after an unidentified caller threatened to blow up his Tucson office and kill his staff members. CNN reported:

The caller also said he was going to be "exercising my civil liberties, and I'm shooting Mexicans at the border," according to Grijalva's district director, Ruben Reyes, who fielded one of the calls.

Rep. Luis Gutierrez, (D-Illinios) chairman of the Congressional Hispanic Caucus is joining a rally against the bill that will be held Sunday. From a statement he issued:

I am going there to let the people of Arizona know that they are not alone in fighting against bigotry and hatred and thousands will join me this weekend at the State Capitol...

I call on all justice loving Americans to join us in Phoenix. Join us in denouncing this law, join us in calling for its veto, and join us in standing up against hatred when people paint all immigrants and all Latinos as criminals. In so doing, we will be living by a fundamental truth articulated by Dr. Martin Luther King, Jr., that injustice anywhere is a threat to justice everywhere. We need to take a stand

Read the text of Arizona's SB1070.

PL 17-1 Comment Period Announced

April 22, 1010

According to the Saipan Tribune, the CNMI government has published PL 17-1 in the Commonwealth Register and the public has "30 days from April 19, 2010 to comment on the law."

I urge all foreign workers to comment on this law. The article does not say where to send comments. I assume it would be to the DOL's legal counsel, attorney Eli Golob. I believe his email is: eligolob.aagcnmi@gmail.com .

The latest spin on their labor laws includes a list of fees for processing paperwork for operations for which the CNMI legally no longer controls.

Fees listed in the draft of PL 17-1 posted on the DOL web site show that DOL is charging fees to foreign workers and employers of foreign workers when they lack the legal authority to oversee the foreign workforce. A list of all fees from the law:

Section 70.4 Fees. The following fees shall be collected by the Department. All fees are nonrefundable and nontransferable unless otherwise provided in these regulations.
(a) Posting a job vacancy announcement No fee
(b) Registration to transfer No fee
(c) Application for an approved contract
(initial, transfer, renewal) $300.00 unless a federal fee has been
paid, in which case no fee
(d) Application for an approved contract
non-business employer $250.00 unless a federal fee has been
paid, in which case no fee
(e) Attendance at orientation No fee
(d) Request for contract amendment or change $25.00
(e) Request for certificate of good standing $100.00
(f) Filing of workforce plan No fee
(g) Replacement or duplicate permit $50.00
(h) Penalty fee for untimely renewal
(limit 60 days) $5.00/day
(i) Processing a temporary work authorization
(6 months) $150.00
(j) Renewal of temporary work authorization
(per month) $25.00
(k) Mediation of labor disputes No fee
(l) Filing a complaint
with the Hearing Office $20.00/person
(m) Filing an appeal
to the Hearing Office $25.00/person
(n) Filing an appeal to the Secretary
(per person, except in agency cases) $40.00
(o) Transcript of labor hearing
(tape only; tape provided by requester) $75.00/tape
(p) Expedited processing
(in addition to fee) $150.00
(q) Miscellaneous certifications $25.00
(r) Request for extension of transfer $50.00
(s) Annual registration $25.00
(t) Penalty fee if check or credit card
payments do not clear $35.00
(u) Specialty data request $25.00 per record
Less than one hour required for
Individual's own records
Employer’s own records
Less than one hour required, others $95.00
More than one hour required (as available) Cost to locate, assemble, and copy
(v) Contract extensions (up to six months) $35.00/month

The CNMI Department of Labor has had no legal authority over the foreign workforce since the enactment of the CNRA November 28, 2010 so it appears that the NCMI government is using this law to once again thumb its nose at the federal government, and as a last desperate attempt to retain the broken local labor system.

The federal government, through the ombudsman and other high ranking federal officials, clearly outlined the federal stand on umbrella permits, which is that they are recognized by the federal government until November 2011. However, Cinta Kaipat, Deputy Secretary of DOL insists that the DOL can revoke them. The federal ombudsman advised foreign workers not to go to DOL and to go to her office for advice instead.

From all reports DOL is luring the foreign workers to come to the office for an umbrella permit with a photo ID, and instead of issuing the photo ID the office is revoking the umbrella permit for some.

The Ombudsman is assisting foreign worker Pamela Borja, in suing DOL for revoking her umbrella permit. The lawsuit states that the revocation "is arbitrary and capricious, and in violation of the supremacy clause of the U.S. Constitution and the 14th Amendment of the U.S. Constitution.” This will likely be a test case and one of many cases that the CNMI government will face in coming months.

PL 17-1 is proof that DOL is struggling to maintain local power over the foreign workforce, most likely as an attempt to continue to fill their coffers on the backs of the foreign workers.

More on this law tomorrow...

Judges Issue Order Denying Villagomez and Santos's Request for Release

April 22, 2010

Former Lt. Governor Timothy Villagomez was sentenced to seven years and three months in prison for his involvement in the Rydlyme corruption scandal. His sister, Joaquina Santos and her husband, James Santos were sentenced to six years and six months in prison each for their involvement in defrauding CUC and the federal government.

Their first motion for release pending appeal failed, so they filed a second motion based on the claim that their Sixth Amendment rights were denied.

Visiting Federal Judge Mark W. Bennett from the District Court of Northern Iowa issued an Order denying Timothy Villagomez, James Santos and Joaquina Santos release from custody while they appeal their case.

The order begins with the quote by Alan Lewis, "If at first you don't succeed get a bigger hammer."

The 45-page order is articulate and contains photographs of the courtroom taken during the trial. Villagomez and the Santos couple objected to seating arrangements during their trial, claiming that because some seating was reserved and unused they were denied their Sixth Amendment rights to a public trial.

The order notes that in July 2009 the defendants filed a motion for bail pending appeal based on juror misconduct. The request was denied in an order that stated the defendants had not been sentenced so the motion was premature.

In September 2009 the defendants again filed a motion requesting release on bail during their appeal stating juror misconduct. In October 2009 Judge Alex Munson issued an order denying the request finding "that the defendants did not present a substantial question of law or fact on appeal, adopting and incorporating his ruling denying the defendants’ motion for a new trial."

In March 2009 the defendants filed a new motion requesting release during pending their appeal. This time they claimed that they were denied their Sixth Amendment rights for a public trial because the judge did not release reserved seats in the courtroom for the public.

Oral arguments were heard on April 14, 2010 by visiting judge Bennett.

In his order the judge stated that their claims that the trial judge's refusal to release unoccupied reserve seating for use by the general public was a "closure" of the courtroom "lacks any other support." From the order:

Upon the foregoing, I find that the defendants have failed to identify a “substantial question”—i.e., a “fairly debatable” issue—concerning a violation of their Sixth Amendment right to a public trial, that, if decided in their favor, would likely result in reversal, a new trial, or a substantially lower sentence. See 18 U.S.C. § 3143(b)(1). If any court were to adopt the defendants’ position that a trial judge must consider alternatives to excluding members of the general public from any unoccupied reserved seat in the courtroom, it would result in a wholesale reversal or rejection of decades of Supreme Court and lower federal court precedent on the meaning of “closure” of a trial. It would also expand the scope of the Sixth Amendment right to a public trial far beyond any existing federal court holding. It is one thing for a party to argue a novel question, but another thing entirely to stretch a constitutional provision so far beyond its scope under existing precedent. To find a “substantial” or a “fairly debatable” question on this record would entice defendants in the future to do a legal “reach for the stars” on the theory that the more extreme the argument, the greater their claim that it is “novel,” thus warranting release pending appeal. The defendants here are not entitled to release pending appeal under 18 U.S.C. § 3143(b)(1) based on their novel, but unsupported and overreaching arguments about the scope of the Sixth Amendment right to a public trial and the meaning of Presley.

The judge also stated, "The defendants’ assertion that a trial judge has an obligation to consider alternatives to denying the public access to any particular seat in the gallery, even on a seat-by-seat basis, in the absence of a “closure” of the courtroom, would turn the trial judge into an usher or, at least, require the trial judge to devote undue attention to
managing the gallery rather than managing the trial."

The motion appeared to be a desperate stretch made because the first motion alleging juror misconduct failed.

Former Lt. Governor, Timothy Villagomez, remains incarcerated in the United States Penitentiary in Tuscon, Arizona until December 17, 2015. That is a high security facility. He was initially assigned to the Federal Corrections Institute in Phoenix, Arizona.

Joaquina Santos will spend the next six years at the Federal Correctional Institution in Dublin, California, which is a low security facility for female prisoners. Their web-site says the facility is located 20 miles southeast of Oakland on the Camp Parks Army Reserve Forces Training Area Military Base.

James Santos, husband of Joaquina Santos, was originally assigned to Victorville Federal Penitentiary in Adelanto, California, then was confined at the Federal Transfer Center in Oklahoma City, Oklahoma. He is now at the Atwater, California Federal Penitentiary.

Politics as Usual, CNMI Style

April 22, 2010

Pamela L. Borja, a jobless foreign contract worker with an outstanding judgment of $5,145 owed in back wages by her former employer has sued the CNMI Department of Labor for revoking her umbrella permit. From the Saipan Tribune:

The house worker asserted that Labor's revocation of her permit exceeds its constitutional and statutory authority. She said Labor's action is “arbitrary and capricious, and in violation of the supremacy clause of the U.S. Constitution and the 14th Amendment of the U.S. Constitution.”

According to Borja's petition, Labor served her on May 11, 2009, with a copy of an order dismissing her complaint against her former employer. She appealed with Labor.

On Nov. 27, 2009, Borja said, Labor issued an umbrella permit extending her status and authorizing her to work in the CNMI until Nov. 27, 2011.

The house worker said that on Jan. 15, 2010, she reported to Labor Tinian per Labor's instruction to retrieve an umbrella permit with her photo.

Instead of issuing a replacement umbrella permit with her photo, Borja said Labor confiscated her original umbrella permit as well as her only copy of it.

In an administrative order dated March 8, 2010, Hirshbein noted that Borja failed to appear at the hearing on Feb. 18, 2010, despite being served with a notice.

Hirshbein said the respondent also failed to register for transfer prior to Jan. 15, 2010, the report back date of her umbrella permit.

Since the CNMI Department of Labor no longer has any legal authority over the foreign workforce they cannot revoke her permit.

The Federal Ombudsman Office is assisting Ms. Borja with her complaint. Previously, the Ombudsman's Office and USCIS advised foreign workers that umbrella permits were valid until November 2011, regardless of what the CNMI DOL claimed. Pamela Brown, the ombudsman also told workers not to report to DOL but to report to her office if they have questions or problems.
___________________
More Unpaid Judgments
Six foreign workers sued S & D Corporation owner of Monte Carlo, Harvest Mart, and Everbright Mart to collect $134,096 in unpaid wages and unlawful deductions that the Department of Labor awarded them.

The CNMI DOL issued an administrative order in May 2009 against S & D finding the company liable for the entire amount of the judgment. The company failed to pay it.

From the Saipan Tribune:

The lawyer said S&D filed a notice of appeal with the Labor Secretary on May 19, 2009. Hill said S&D did not serve plaintiffs or their counsel with a copy of the appeal.

Hill said the Labor Secretary did nothing within the 30-day time frame to confirm or modify the decision of Labor administrative hearing officer Deanne C. Siemer.

Why does DOL continue to issue judgments that they do not enforce?

More to Exit the OAG?

The Marianas Variety reports that another prosecutor is leaving the Office of the Attorney General and yet another is considering leaving.

The article said that “political favors” are already taking their toll on the remaining prosecutors." There are five prosecutors including chief prosecutor Rosemond Santos and eleven assistant attorney generals in the civil division. Nine assistant attorneys left the OAG since Edward Buckingham became Attorney General.

Saipan, CNMI: Murderer and Others Paroled

April 21, 2010

Ice dealer and violent criminal David Tanaka Diaz was not the only one to receive parole on March 12, 2010. Also paroled was Eugene Blas Repeki, who along with two others, murdered Filipnio security guard Cesario B. Valerio in 1999.

Repeki, Anthony Magofna and Thomas Basa, beat the guard with a homemade ash tray and he later died from the injuries. In May 2001 the Saipan Tribune reported:

A Commonwealth judge imposed yesterday a 30-year jail term on convicted murderer Eugene Repeki, junking defense and prosecution pre-sentence recommendations that bordered on extreme ends.

Superior Court Associate Judge Timothy Bellas viewed as inappropriate the government’s proposed 60-year imprisonment and the defense’ suggested ten-year jail time for the defendant.

In rendering a decision, the judge did not count as basis for consideration the unconvicted offenses lodged against the defendant, particularly a pending complaint accusing Mr. Repeki of attacking another security guard...

In an argument, the government insisted the pending complaint against Mr. Repeki be considered, indicating that the accusation somewhat reflects the defendant’s general conduct.

The prosecution painted the defendant as a bully who poses as a danger to the community, especially when intoxicated with alcohol.

In another Tribune article the prosecutors described the murderer who is now back on the streets:

The prosecution had described the victim’s death as "senseless," pinning down Mr. Repeki as the perpetrator of the killing.

Mr. Basa and Mr. Magofna, who issued testimonies against the suspect on trial, gave credence to accusations that Mr. Repeki is guilty of "viciously and brutally" murdering Mr. Valerio, said Mr. Cable.

This, according to the prosecution, only bolstered the allegations made against Mr. Repeki.

Repeki was also involved in another incident with a security guard. Prosecutors recommended 60 years. He was sentenced to only 10 years with five years suspended. He served only three years and seven months of his sentence. What are the "stringent parole conditions" applied to this violent man?

The parole should be viewed as an insult to the victim's family and all who value justice.

Jeffrey Cabrera, Joseph M. Aldan, and Francisco F. Faisao were also paroled.

In 2002 Jeffrey Cabrera was arrested for the violent robbery involving assaulting the store owner. He was charged with aggravated assault and battery, assault with a dangerous weapon, disturbing the peace, and robbery.

In 2007, within months of being released from prison, Cabrera assaulted and robbed a female contract worker to use the money to play poker. Jeffrey Palacios Cabrera was sentenced to 10 years in prison all suspended except for the first five years, with credit for the 102 days he had already served in jail. The AG's Office actually had made a plea agreement with Cabrera that was rejected by Judge Ramon Manglona because of his prior arrest. From the Saipan Tribune:

Manglona said Cabrera is before the court for committing another serious crime within months after being released from prison.

Cabrera, the judge pointed out, committed robbery not long after serving a three-year sentence for the crime of attempted robbery and while on probation.

She cited that the matter is a classic purse snatching case, with the victim fighting back.

Manglona said Cabrera admitted he did take the purse of the woman by violence, having struggled with her for it.

The incident occurred at night when the woman was walking along the road. The victim said the purse contained $300.

“This court found that, given the above facts, the original proposed jail sentence did not adequately account for the severity of this offense and the defendant's criminal history, as well as the message that would be sent out to the community to deter this kind of offense,” Manglona said.

The revised sentence, she said, better serves to deter both Cabrera and others from committing the same offense.

Manglona said after serving the jail term, the defendant will be placed on five years of probation.

She ordered Cabrera to pay $50 in restitution, $100 in court assessment fee and $100 in annual probation fee.

The judge required the defendant to perform 200 hours of community work and referred him to the Community Guidance Center to complete any recommended course of treatment, including gambling addiction.

Did the Parole Board consider this repeat offender's history? I wonder what the judge thinks of his release. He served only 3 years and 7 months of the sentence. Did the Parole Board even look at his previous records? What are his "stringent parole conditions?"

Joseph Matagolai Aldan was reportedly arrested and charged with 2 counts of "illegal possession of a controlled substance" (ice) and with 2 counts of trafficking ice. An undercover law enforcement official bought $300 of ice from Aldan in 2007. The Variety reported that "Aldan served eight months of his five-year sentence, of which three years and six months were suspended." The criminal also had to pay a 2,000 fine, $500 probation fee, and $100 court assessment fee. From the Saipan Tribune:

The Office of the Attorney General charged Aldan with two counts of trafficking of a controlled substance and two counts of illegal possession of a controlled substance.

Aldan and his counsel, chief public defender Adam Hardwicke, signed a plea agreement with the government. Aldan pleaded guilty to one count of illegal possession of a controlled substance. The remaining charges were dismissed.

Francisco F. Faisao was sentenced to five years in prison, all suspended except three years for his involvement in a CUC power disconnection scam. He served less than half of his sentence.

Two others who were paroled on the condition that they leave the commonwealth were Nickson Garry Hartman and Arnel Guiterrez. Hartman was serving 5 years for violating parole and assaulting a female police officer. A condition of his parole was that he leave the CNMI and never return. Previous offenses were robbery, car theft and chase, and burglary.

Arnel Gutierrez was serving time for "beating up his step daughter and pouring butane gas on her. The incident portrays Gutierrez as an extremely violent man:

Gutierrez had just come home after a drinking session with a neighbor when he had a heated confrontation with his common-law wife.

The defendant also allegedly called his stepdaughter names and hit her on the head, prompting an argument between the two that escalated. Gutierrez's wife intervened and stopped him from kicking her daughter.

Threatening to burn the house down, the defendant allegedly went to the kitchen and took a disposable butane canister for a small gas stove. The common-law wife ran outside to a store to call the police.

Gutierrez allegedly sprayed his stepdaughter with the butane gas. As he was reaching into his pocket for what the girl believed to be a lighter, she struggled with him, managing to take away the butane canister.

She hit him with a curtain rod; the defendant kicked her. The stepdaughter also kicked him until he backed off. The victim then ran outside the house.

When the wife came returned, the defendant grabbed a big knife from the kitchen and threatened to kill them and then himself if they call the police. The wife managed to grab the knife and a slingshot that Gutierrez had taken from his stepson's room.

Granting parole and furloughs to prisoners on Saipan appears to be routine. Does any prisoner in the CNMI stay behind bars for their entire sentence? The odds of one of these released criminals committing another crime are high.

What is also interesting about all of this is that the Attorney General who is also the legal counsel for the Parole Board was interviewed by KSPN News and the Variety and he spoke only about the parole of David Tanaka Diaz. He never even mentioned that Diaz was one of seven criminals who were paroled on the same date. What does this say about the Attorney General's character and concern for the public good?

Equally interesting is Board of Parole Chairman Camacho's remark quoted by the Variety: “Please bear in mind that public notices were disseminated to the public to attend all parole hearings timely, but there was lack of participation.”

How can anyone logically explain paroling a murderer, a big time violent drug dealer, and the others who are repeat offenders? Do prosecutors attend the hearings?

More on the Diaz Parole

April 20, 2010

The Marianas Variety reported that David Tanaka Diaz who had his sentence commuted by Governor Benigno Fitial was also given a weekend furlough "prior to his parole." In August 2002 Diaz was ordered to serve 25 years without parole after he was caught with over 200 grams of ice. At the sentencing hearing Assistant AG Daniel Cohan requested a 50-year prison term. Diaz had several previous arrests for drug charges and for robbery and assault of a Russian toruist at the Pacific Islands Club. The tourist sued both him and the PIC.

Governor Fitial commuted Diaz's sentence on February 4, 2010. On March 12, 2010 he was granted parole by the Parole Board. The Parole Board claims that notice was given in the form of an advertisement in the Saipan Tribune announcing the parole hearing.

The Saipan Tribune obtained a copy of Fitial's letter to commute Diaz's sentence. From the Tribune:

Gov. Benigno R. Fitial commuted the 25-year sentence of convicted “ice” trafficker David T. Diaz because of his “outstanding record” in prison-including painting a school bus stop and helping at the 2008 Liberation Day-as well as the support of the Department of Corrections and community members.

The governor said Diaz “has expressed remorse and regret for his actions.”

A copy of the governor's one-page commutation, obtained by Saipan Tribune, listed what Fitial said were “positive factors” that were “carefully considered” concerning Diaz's request for commutation.

“The applicant has served over eight years in the CNMI correctional facility and has an outstanding record in the facility including certificates for services involving the July 2008 Liberation Day, archaeological reconnaissance survey training, school bus stop painting in August 2008, road median painting in September 2008, cemetery cleanup project in October/November 2008,” Fitial said.

Members of the Parole Board are Chairman Joseph T. Camacho, Wally Villagomez of Tinian, Eugenio Villagomez of Tinian, Rose Ada-Hocog of Saipan Alexander Apatang of Rota and former member Mametto Ayuyu of Rota. Camacho is a former police major and is currently the chairman of the Saipan and Northern Islands Municipal Council. Attorney General Edward Buckingham is the board's legal counsel so one has to assume that he approved the conditions of the release. They included having the former prisoner record a song "to be broadcast on all the radio stations" and doing "outreach at all public/private schools on drug abuse."

Camacho was quoted by the Variety:

The Board of Parole wanted to give “ice” trafficker David Tanaka Diaz “an opportunity to become a changed man,” according to its Chairman Ramon B. Camacho.

Chief Parole Officer Joseph T. Guerrero said Diaz, 51, underwent “stringent questioning” by each member of the board.

“Mr. Diaz needed help, and we saw an opportunity to allow him to become a changed man,” said Camacho, an anti-crime advocate.

This was because Diaz showed good behavior and conduct while incarcerated since 2001, said Camacho.

Diaz was sentenced to a 25-year jail term without the possibility of parole. But Gov. Benigno R. Fitial commuted his sentence, which allowed him to seek parole.

Camacho said whenever the board convenes for parole hearings, their primary task is to ensure that an inmate/applicant will be a productive citizen when he or she returns to the community.

Camacho said each member of the board asked Diaz what he could do for the community.

It was board member Alexander Apatang from Rota who suggested that Diaz should compose and record a song about drug abuse in the commonwealth.

This was after the board learned that Diaz used to be a musician.

It is unreasonable to expect parents, schools, radio stations and the public to embrace such conditions. What were these people thinking?

How many other prisoners deserve "help?" All of them? How many others will be given the opportunity to become a "changed" person or to be given an "opportunity" to become a productive citizen? All of them? Why even have a prison on Saipan?

Stringent questions? How would someone who is before a parole board reply? Of course, if a person wants parole, he/she will give the answers that the board wants to hear in order to justify the release.

Former Judge Speaks Out on Parole

Former Associate Judge Juan T. Lizama said that the David Diaz's case was tried in local court rather than federal court because the local laws were stricter. The Marianas Variety reported:

Why was this particular case not prosecuted in federal court? One has to understand that the statute [P.L. 11-24] was just enacted and Mr. Diaz was the first test case,” Lizama told the Variety.

The case was prosecuted locally because the CNMI had stiffer sentences for “ice” trafficking.

According to Public Law 11-24, “The use of dangerous, highly addicting narcotic substances has become epidemic in the commonwealth…. In the Legislature’s opinion it has become necessary to impose severe penalties on those who, without conscience, would so prey on our society as to threaten its very survival.”

Lizama said: “And, so the question is, has the governor considered Mr. Diaz’s sentence to be one deserving commutation under the circumstances?”

Lizama said if Fitial “completed all of [the governor’s] statutory obligations when exercising his power and authority to commute sentences and issue pardons, especially taking into consideration what is the right thing to do for the public and for Mr. Diaz, then I don’t see any impropriety in the governor having commuted Mr. Diaz’s sentence.”

Lizama added, however, that “what is not to be ignored is the public’s need to know the details of how the process of commutation works and how the decision to commute Mr. Diaz’s sentence was arrived at.”

Commutation of sentences, he said, cannot be abused.

Furlough Policy
No one has disclosed if the Department of Corrections furlough policy. It seems outrageous that a prisoner who has been sentenced to 25 years withpout parole would be given a weekend furlough. Also, furloughed has been Vicente Aldan, husband of former DOC commissioner Dolores Aldan. Aldan was ordered to surrender his gun used in the violent crime as part of his plea deal. He still has not surrendered the gun, although he has been routinely given weekend furloughs. Who else has been furloughed?

Who decides who gets furloughed? Are there published rules or polices regarding furloughs, or is this another system based on nepotism and political favors? What are the restrictions? Does a third party have to sign off to accept responsibility for the released prisoner? How are any victims of the criminals notified that criminals are being released for weekend furloughs? For instance, in the case of Vicente Aldan, has his former common law wife been notified or warned each time he has been free during weekends? After all he held a gun to her head and pulled the trigger several times and he still retains possession of the gun.

What does the general public think of the current system that allows weekend furlough for violent criminals? Will the insanely lenient furlough system negatively impact tourism?

Writing Letters, Writing Songs

What evidence is there that criminals writing letters to their victims benefits anyone? Who would even want to get a letter from someone who attacked or abused them? What about a criminal writing a song?

Associate Judge David Wiseman sentenced former deputy of police, Francisco Muna Camacho, who beat up David Rosario inside DEQ headquarters. He received 7 days in prison, all suspended except for one day, one year of probation, a $500 fine, $25 court assessment fee, and a probation fee. Actually, he gets zero, nada, no time in jail because he already served one day so according to the Saipan Tribune, he walks. The defendant who pleaded no contest also has to write a letter of apology to the victim and undergo anger management counseling.

The Tribune stated:

"The government had charged Camacho with assault and battery, and disturbing the peace for allegedly beating up Rosario, DEQ's branch manager for wastewater, who sustained injuries on the left side of his body and right side of his face."

What's next? Sentencing a criminal to write a poem, a play, or perhaps a haiku?