Volcano erupting north of Saipan

May 31, 2010

Governor Fitial declared a "state of emergency" after an underwater volcano near the uninhabited island of Sarigan erupted with a loud explosion on Saturday morning. The island located about 100 miles north of Saipan is only 1.9 square miles in area.

According to Radio Australia the large plume of smoke has affected sea and air traffic and could pose a problem for the tourist industry. AP reported that ash from the underwater volcano shot ash and vapor nearly 8 miles high.

The governor declared a state of emergency and 16 scientists were evacuated for the islands of Sarigan, Alamagan and Pagan.

From the Saipan Tribune

According to EMO, continuing volcanic activity is on-going in the area south of Sarigan, based on seismic activity and visual observations, “presenting a continuing threat of adverse impact in the waters and air space south of Sarigan island.”

Sarigan, an island 175 kilometers (109 miles) north of Saipan, is a stratovolcano with no known historic eruptions. It was used as a copra plantation prior to World War II and is currently uninhabited.

According to the USGS, volcanic activity observed on Thursday, May 27, south of Sarigan Island has increased, and the Guam Weather Forecast Office reported that recent satellite images indicate that the affected area is about twice the size of Sarigan Island.

It quoted an observer from the EMO that overflew and photographed an elongated patch of discolored ocean water and possible light-colored floating debris about 6-7 miles south of Sarigan on Thursday. At that time, the area of discoloration and debris extended over about a mile. Successive satellite images indicate that this is a point-source that has dramatically expanded in breadth. The activity appears to be centered about 6-7 miles south of Sarigan, probably on the southern extension of the submarine ridge upon which Sarigan is constructed.

“Submarine eruptions are not uncommon in the Marianas Islands; mariners in the area should remain alert for floating debris and avoid areas of strongly discolored or disturbed water. Near-sea level eruptions can be dangerous producing ash laden explosions, ash and ballistic fallout, and water waves. AVO maintains no monitoring equipment on these submarine volcanoes and therefore warning of eruptive activity is not possible,” the USGS said.

Hate in the form of a rally

May 30, 1010

The sparsely attended gathering of the indigenous people appears to have been a hate-fest with surprising comments being directed at the Department of Interior and at the United States Government according to comments quoted by the CNMI's major papers.

Apparently the governor left California to make it to the rally.

Here are a few of the comments that may raise eyebrows in Washington, DC. and elsewhere. Most of the comments demonstrate that these people want to rewrite history. They also are want people to believe that in the entire two years from the time the CNRA was passed until the DOI report was due to the U.S. Congress that no CNMI government official met with the DOI personnel (that is a lie), or took any initiative as the advocates and guest workers did to express their position. Should we send these people copies of the newspapers articles detailing specific meetings with DOI and other federal officials over the last two years?

Clearly, some of the CNMI leaders have lost their moral compasses.

Governor Fitial:

“Instead of coming over here and meeting with the indigenous people, they meet with the activists. They asked me what was my position — I said my position had been very consistent. All these nonresident workers came here because they have a contract to work.”

The United States government obviously disagreed with the position of the governor. Our country is based on certain principles of equality, justice and democracy. The position of the governor and the rally attendees runs counter to our nation's basic principles. Does anyone seriously think that the U.S. government is going to screw the long-term foreign workers like many of the employers and the CNMI government has done for 3 decades?

Did Fitial forget that when it seemed opportune he publicly stated that if the DOI recommended green cards for the workers that he would not object? I can remember conversations with federal officials who noted his statement. Such selective memory lapses are an offensive trait in an elected leader.

Governor Fitial:

He vowed to lead the indigenous people in fighting for their political rights in the U.S. Congress.

Fitial said there is a process that should be followed before qualified guest workers are granted improved immigration status.

He wants a referendum on this issue.

“Just follow the law. You know there are more than 12 million illegal aliens in the United States. They should fall in line,” he said.

He said it doesn’t matter that the close to 16,000 guest workers who stand to benefit from Interior’s recommendation are documented.

“It’s not that they’re legal or illegal. There is a process. The process should be based on respect. If I invite you to my house and then you dictate what I am going to do inside my house, that’s not right,” he said.

This governor is a completely ignorant of U.S. law. Whatever law the U.S. Congress passes in regard to the status of the long-term foreign workers and nonresidents will be the law and will be followed. The CNRA did not call for anyone to get in a line. There is absolutely no connection between illegal aliens in the states and the legal aliens in the CNMI. None. It is disingenuous to try to create a relationship between these very distinct and unrelated groups of foreigners. But what can we expect from a governor who thinks it is okay to take his masseuse out of her prison cell so he can have a massage?

It is apparent that this rogue administration has no real argument so they assume that if they make up some meritless claims and repeat them often enough someone will listen! It looks like out of 50,000 or so people in the NMI only a couple hundred are listening. Not a very good indication that the scheme is credible.

The Saipan Tribune quoted the governor as saying:

Fitial repeatedly said “Taya respetu” or “No respect” in English, as he talked about the Interior's lack of consultation with him or the CNMI government on its report to the U.S. Congress.

In an interview right after the rally, Fitial reiterated the importance of having a referendum on the Interior report and recommendation, in time for the November 2010 elections when the CNMI will also vote for the second time a delegate to the U.S. House of Representatives.

He said people should be directly asked about their position on the recommendation to grant improved immigration status to foreign workers.

So far, the 17th Legislature has not introduced a joint resolution to call for a referendum.

When asked whether it is “fear” that indigenous people are feeling in light of what they believe would be a possible “takeover” of some 20,000 foreign workers in government and other aspects of society, Fitial said the right term is “anger”-but not toward guest workers, rather toward the Interior report and recommendation.

“We're not afraid. We're just angry that we're not involved in the process. That's the right term. There's no respect,” he said.

There was already a referendum. It was called a plebiscite. The CNMI people voted almost unanimously to become part of the American family. Federal law is supreme over the CNMI and since the enactment of the CNRA immigration and naturalization laws now apply to the CNMI. As stated in the CNRA (which every CNMI leader and concerned citizen should have read) the DOI will make a recommendation on status for long-term foreign workers by May 10, 2010. Are we to believe that the leaders lost not only their moral compasses, but their calendars? Any decisions that will be decided regarding naturalization and granting status to the long-term foreign workers or residents will be made federally and not locally.

Why wasn't some of their "anger" directed at the CNMI officials who had two years to express their opinions and failed to do so? Being untruthful shows a lack of respect not just to the federal officials who are being falsely targeted, but to the people that these leaders represent.

At the same rally, the governor admitted that the foreign workers are needed "because the local pool is not enough to run the economy." If the CNMI needs a workforce they should accept the foreign workers as equals rather than as a disenfranchised underclass? Why would the CNMI government think that the U.S. would allow the foreign workers to live in the CNMI as second-class citizens perpetually? That purgatory-type proposal is totally counter to all American values.

Marianas District Legislature President Vicente N. Santos made these uninformed remarks:

“Everybody’s mad now. There’s no respect,” he said in an interview. “We are not trying to chaste the aliens away from Saipan. But they have no right to become voting members of the commonwealth. There’s nothing in their contracts about that. They are here to earn a living and send money back home.”

Santos said aliens can get improved immigration status through marrying U.S. citizens or through their U.S. citizen children.

“Other aliens who married locals, have to pay way over $3,000 to get green cards, but by a stroke of one pen, everybody now will become permanent residents? Do you think that’s right? No, that’s wrong,” he said. “They must follow the process.”

Apparently "everyone" is not mad now. It looks like a couple hundred haters are mad. The disrespect is coming from the CNMI Government in the form of lies and the attempts to rewrite history. The long-term foreign workers have every right to become voting members of the community. The CNMI is U.S. soil and this is 2010 not the times of slavery. There is no place on U.S. soil where long-term foreign workers should have to wait more than five years to be offered a pathway to citizenship. No place.

Who in their right mind would suggest that people should obtain status by marrying?! Many of the nonresidents are married already. Perhaps he suggests that they divorce and marry a U.S. citizen? Ever hear of marriage scams?

Status is not just granted to those who marry a U.S. citizen. It is also granted through years working in the United States, through employers and in a number of other ways. Was it fair that the people of the CNMI were handed U.S. citizenship and none of them paid for that privilege? Do these people possess defective memory cards?

Isn't it ironic that the foreign workers who are disenfranchised and are not Americans have more loyalty to the U.S. than many of the attendees at this rally?

Here are a few anti-American comments taken from the Marianas Variety:

Crisostimo and other officials who spoke during the gathering expressed disappointment with Interior’s proposal.

“Please give as the right to decide the destiny of our people,” Crisostimo said. “I am not one happy American.

My parents didn’t want to be Americans and today we are haunted [by our decision to become part of the U.S.]”

Department of Community and Cultural Affairs Secretary Melvin O. Faisao who spoke in Carolinian made scathing remarks about Interior’s recommendation.

Deputy Commerce Secretary Sixto Igisomar, for his part, said he does not believe in the Covenant that made the CNMI a commonwealth of the U.S.

“I do not believe in the Covenant. I do not believe in the federalization law. This is my country…. This is a sovereign land. You are not going to tell me what to do in my own land,” he said.

Is this the message that the leaders of the CNMI and their small groups of followers want to send to Washington, DC?

From the Saipan Tribune:

Diego F. Camacho, 24, of Dandan, said he supports indigenous rights, and that's why he went to the rally.

“It's unfair that they're just going to give U.S. citizenship (to foreign workers) just like giving away free pancakes or laying a red carpet,” he said.

Interesting coming from someone whose parents, and perhaps even he, received citizenship from the United States in 1986. The Chamorros and Carolinians were welcomed as a part of the American family with open arms. The long-term foreign workers, some of whom have worked and lived longer in the CNMI than Deigo Camaho has been alive, are not welcomed by all. At least not by the couple hundred attending this rally which appears to have been held to unify the attendees in unfounded anger and hatred. That is an extremely sad, and an extremely un-American sentiment.

Do these CNMI leaders and their followers want to be part of the American family or do they want to have a sovereign nation? They cannot have it both ways.

Memorial Day Gathering: Supporting Our Troops and Their Families

May 29, 2010

The United Workers Movement-NMI is sponsoring an event to recognize all men and women who serve or served in the United States Armed Forces and all of their parents and families members who support their service. The event will be held at American Memorial Park on May 31 from 4:00 -7:00 pm.

Rabby Syed said: "While Memorial Day is a day to honor members of the Armed Forces who have lost their lives serving the United States, we want to also recognize those who are living. There are many military men and women from the CNMI serving the U.S. overseas and in the reserves. Even the foreign workers have U.S. citizen children who serve in the military and their service should be recognized and celebrated."

The National Memorial Day Concert takes place every year on the mall at the U.S. Capitol in Washington, DC. The music and songs pay tribute to the men and women who sacrificed their lives for their country.

The "Supporting Our Troops and Their Families" event sponsored by the UWM-NMI will feature a singing contest where children will compete for prizes, trophies and certificates. Patriotic songs are encouraged, but the children are free to sing a song of their choice. The competition is divided by age groups: 6 to 9 year olds and 10 to 16 year olds.

The guest speakers will include Dr. John Griffin of the Northern Marianas College, Dr. Oden, veteran of Vietnam War, Park Ranger Nancy Kelchner, and Glen Hunter.

Mr. Syed said, “Those who feel that America is our home.should come and show our support to those who sacrificed for our nation's security.”

Those interested in joining in the singing contest should register by next Friday. For more information, call Rabby Syed at 285-3306, Ronnie Doca at 285-9255 or Jun Concillado at 287-0191.

Indigenous Rally: Some Thoughts

Photos by Itos Feliciano © 2010

May 29, 2010

"Everywhere immigrants have enriched and strengthened the fabric of American life." President John F. Kennedy

The indigenous rally that was held on Saturday to reject the DOI report was poorly attended according to all reports, with an estimated 100 -200 persons in attendance. 

I believe that most of the indigenous people of the CNMI appreciate and respect the foreign workers and recognize and applaud their many contributions to the community. The terrible attendance at the rally supports that belief. The foreign workers are their neighbors, co-workers, friends, fellow-worshippers and in some cases, relatives of the indigenous people. They have embraced the culture and some have learned the native language. They have labored to build the CNMI, to serve the residents, and to support the economy. They have contributed to the commonwealth by their hard work, by paying taxes and by filling the CNMI coffers with labor and immigration fees. They have brought diversity to the islands and have shared their cultural traditions and values.

The federal labor, immigration, and naturalization laws now apply to the CNMI. The long-term foreign workers will eventually be granted improved status and that status will be reflective of the same status that is given to other foreign workers in the mainland regardless of rallies, of protests, or of petitions from either side. Improved status will be granted because it is a basic American principle, it is the moral and right thing to do, and granting improved status to the long-term foreign workers will benefit all of the people of the CNMI, not just those who will receive the status. In every truly just and democratic society, long-term foreign workers are regarded as future citizens.

We live in a just nation, and ours is a nation of immigrants. The reason that the phrase, "we are a nation of immigrants" has become a mantra of sorts for the American people and has been repeated tens of thousands of times is because the words are simply the truth. The fact that we are a nation of immigrants is worn as a badge of pride by the American people. The life blood that flows through the veins of our nation giving us our strength comes from millions of immigrants of all races, cultures, nationalities, and ethnicities. We must never forget that a basic principle of our country is the belief that people who come to our shores to share their skills and allegiance should be embraced as future citizens with full political and social rights.

President John F. Kennedy said, "Geography has made us neighbors. History has made us friends. Economics has made us partners, and necessity has made us allies. Those whom God has so joined together, let no man put asunder."

This quote truly applies to the commonwealth. Thirty or more years ago the CNMI leaders had a vision to build the economy and they passed legislation to establish the foreign labor system. They brought in tens of thousands of dedicated and hard-working foreigners from neighboring Asian countries to achieve their goals. They invited hundreds of foreign investors to their shores. The foreign workers and other nonresident in the CNMI are neighbors, partners, allies and friends. It is time that the CNMI's legal long-term foreign workers and nonresidents are granted status so that they can continue to work side-by-side with the residents to further strengthen the CNMI economically, culturally, socially, and politically.

As I have said many times, the way a person treats another person reflects the character of that person; the way a nation treats the people on its soil determines the character of that nation. The xenophobic hatred of foreigners and the concept of nativism has no place on U.S. soil.

President Kennedy said, "Nativism failed, not because the seeds were not there to be cultivated, but because American society is too complex for an agitation so narrowly and viciously conceived to be politically successful."

I do not believe that most of the residents of the CNMI support keeping their homeland "pure" at the expense of keeping the majority of their population disenfranchised and lacking basic freedom and rights. The indigenous people of the CNMI were granted U.S. citizenship and accepted as members of the American family. Now it is time to welcome and embrace the foreign workers and other nonresidents as full-fledged members of the American family. It is my belief that to share your blessings with others does not reduce your own, it increases them for all.

That quotes in this post are taken from President John F. Kennedy's book, A Nation of Immigrants. He wrote the book in 1958, but it was not published until after his death. This book should be part of the curriculum in every high school classroom in the United States. I read it many years ago, and will read it again this weekend. The words and truths put into ink by President Kennedy hold as much relevance today as they did more than fifty years ago when they were first written. Every American should read it and ponder his wise words. (The book is available at Amazon.com for $11.16)

Thank you to Itos Feliciano for providing these photos of the rally:

Kilili on the DOI Report

May 28, 2010

Congressman Gregorio (Kilili) Sablan wrote the following letter stating his opinion of the DOI report. I have my own opinions and theories on the letter. What do you think?

An open letter in response to the Interior Secretary’s Report and Recommendation to Congress on Immigration in the Northern Mariana Islands —

Greetings!

Most of us found the report and recommendations to Congress that the U.S. Interior Secretary released on April 30 disappointing. The report offered five options for permitting alien workers who have lawfully resided in the Northern Mariana Islands for at least five years to apply for long-term status under the immigration laws of the United States. But the Secretary said nothing about the pros and cons of these options.

No wonder the report caused so much anger and uncertainty. Because what happens to the thousands of people, who we allowed to live in our islands under CNMI immigration law, will have a profound impact on the future of our economy, our government, and our families.

Many of you have written, or called, or spoken with me directly about your concerns. You are worried that the U.S. Congress will take immediate action on the Interior recommendations without consulting the people of the Northern Marianas.

The purpose of this letter is to explain clearly why that’s not going to happen.

First, Congress will not act quickly. Immigration is a very complex issue. In the Northern Marianas and all around our country, people are deeply divided on immigration policy. It’s unlikely Congress will take any action on immigration this year.

Second, you are represented in Congress now. When federal immigration law was extended to the Northern Marianas in 2008, no one represented us in Congress. As a result, the law has major flaws. But now we are represented here. And there is an unwritten understanding that if a law is going to affect just one congressional district, then the Congressman from that district should first agree.

Third, I am listening to you. I will not agree to any change in immigration law that affects only the Northern Marianas, until I have consulted fully with my constituents, and unless I am convinced the proposed change is in our best interest.

Fourth, the Interior recommendation is just a recommendation. The Executive Branch has lots of ideas about what Congress should do. But Congress has a mind of its own. Congress may never seriously consider any of the five options in the Interior report—certainly not the proposal for instant citizenship. But one thing is certain: eventually Congress will take up legislation to set a new national immigration policy. If the Northern Marianas is locked into that comprehensive immigration reform, then we are less likely to get a solution that fits our special needs.

That’s why it is so important that the people of Northern Marianas begin to decide what we want. We have time. But if we only use that time to say what we don’t want, we will lose our opportunity to get what we do want.

Like you, I too have ideas about what is important:

• I know there are not enough local workers for our economy. But I also know that local workers are not getting jobs they are perfectly able to do. That has to stop. We need to get our own people working.

• I know that if our population continues to shrink, businesses will continue to close, and more and more of our young people will be forced to leave these islands for better opportunities elsewhere. We need to maintain population to keep our economy healthy.

• I know there are people in our islands—who are not guest workers—who are being forgotten in this discussion and whose status has to be addressed. These are people who were born here in the 1970s, have always lived here, and have no other home. These are people who were legal permanent residents under CNMI immigration law and have lived here since 1982. These groups should be allowed to remain.

• I know, too, that our culture values family. And there are families in our community with a U.S. citizen and a foreign spouse that simply cannot afford thousands of dollars for attorneys and immigration fees to get long-term status for those spouses. We have to help those families stay together.

These are my personal views. As your Congressman, however, it is your views that matter. My job right now is to listen to all points of view—to consult with you and look for areas of agreement. This is your time to be heard.

We all knew that the change to federal immigration would be difficult and messy. When I came to Washington, as your Congressman, the law was already on the books. But I promised to deal with that reality and work hard to make the transition as “least difficult” as possible.

We have had some successes. Working together, we were successful at getting 180 extra days for the Department of Homeland Security to prepare for the transition. We used that time to convince Secretary Napolitano to allow Chinese and Russian tourists to continue to enter our islands without visas. The business community, workers, the Commonwealth Government, and your Congressional office have shown that with cooperation and hard work we can succeed for the benefit of all.

Let us continue in that spirit.

Respectfully yours,
GREGORIO KILILI CAMACHO SABLAN

Congressman Sablan met with DOI Assistant Secretary Tony Babauta in September 2009 to discuss PL 110-229 and encourage action on Pl 110-229 . He said, "I think he [Mr. Babauta] understands the importance of giving the business community and individual workers more certainty about their future under U.S. immigration."

More on Status for Long-term Foreign Workers

May 28, 2010

Business Owners Weigh In

From a “moral standpoint,” he said foreign workers who have legally stayed in the CNMI for years should be given an opportunity to improve their immigration status, “at least a pathway to citizenship.” Efrain F. Camacho

It's amazing to me that not all businesses would support improved status for the long-term workers. After all if they don't many risk losing their skilled workforce.

One former president of the Saipan Chamber of Commerce got it right. Efrain Camacho, president of EFC Engineers & Architects, told the Saipan Tribune that he supports giving permanent status to the long-term foreign workers:

“We are not being truthful if we say that people who have stayed here for a long time cannot be extended a better status. We all know that the local labor pool is inadequate, that the level of training needed is not there, and that the economy is driven by more people,” he said.

Camacho, a former president of the Saipan Chamber of Commerce and also a former executive director of the Commonwealth Ports Authority, said if some 20,000 skilled foreign labors exit the CNMI, the economy will tremendously suffer.

He said consumer prices, including gasoline and power, will also go up because there's going to be a small population that will be buying services and goods that need to be shipped to the islands.

On Rota and Tinian, for example, the prices of goods are much higher than on Saipan, where the consumer base is several times bigger.

“If you look at Hawaii and Guam, the goods are cheaper because there are more people to buy these goods. If the CNMI loses its foreign workers, expect the price of products and services to go up,” said Camacho, who has long separated himself from the Chamber of Commerce.

From a “moral standpoint,” he said foreign workers who have legally stayed in the CNMI for years should be given an opportunity to improve their immigration status, “at least a pathway to citizenship.”

“I'm very concerned that some people are talking on the basis of emotions and not being realistic that the economy needs foreign workers. The economy will suffer at all levels. I believe people need to recognize that the CNMI invited these alien workers to come in and stay, and they didn't come here as illegals. To continue to allow people to come here and ask them to stay for a long time and dispose of them when you no longer need them. I don't understand that. It's also the U.S. Congress that grants citizenship, and not the CNMI,” he said.

Mr. Camacho is a man who understands the economic questions and has a moral compass. Other business owners share Mr. Camacho's views. Chamber of Commerce member and businessman, Steve Jang supports the DOI's recommendation. He said:

“My staff is the bread and butter of my business. It would help a lot of they have improved status. The CNMI says they need foreign workers but they don't want to give them better status even if the federal government is already recommending it. The U.S. Congress can put a clause in a law which says these foreign workers in the CNMI cannot leave the CNMI for maybe two or three years after they are given improved status so that the economy will still be stable,” he said.

Another businessman, Wilfredo Chang, agrees with the others that granting status will bring stability to the population and encourage investment.

Businessman Juan Guerrero said the DOI report and recommendation "would help stop confusion. From a May 3, 2010 Saipan Tribune article:

Businessman Juan T. Guerrero said the report and recommendation will help stop the confusion on the status of alien workers in the CNMI.

Guerrero, a former gubernatorial candidate and former president of the Saipan Chamber of Commerce, said “it will be more productive if the governor works with the federal government and not work against it, and to maximize the full potential of the partnership not only for alien workers but also for the local workers and the CNMI economy.”

“It doesn't matter whether we agree or disagree. It doesn't matter anymore because this is now a federal matter. We have to move on. This has been in discussion for a long time, let's move on and live with it,” he said.

Moving on would be productive.

Kilili Breaks His Silence

Congressman Gregorio (Kilili) Sablan appeared on KSPN2 declaring he doesn't support the DOI Report. Huh?

From the KSPN2 website:

The Commonwealth's Congressman is making it clear that he does not support Interior's proposal to Congress. The report suggests that the more than 20 thousand workers that have been here over five years should get long–term status. But Sablan says this is not in the best interest of the commonwealth. “I don't think there's any reason for us to keep anyone here that is not even working. They don't contribute to the economy. We need to look at this in a way that will help the Commonwealth. We also need to start hiring our own people,” he says. Foreign workers have been hoping that Congress follows Interior's proposals quickly. But Sablan says it unlikely U.S. lawmakers will act on immigration this year.

Give them citizenship and they can leave for Guam or the mainland if they don't have a job! Only proposals that chain the workers to the CNMI would be detrimental to the workers and to the CNMI.

I am pushing for action on status to be introduced separately from the comprehensive immigration reform bill for several reasons: 1. Too many uninformed people can not distinguish between legal long-term foreign workers and illegal aliens. 2. The U.S. mainland does not have a situation where thousands of legal foreign workers have lived and worked on U.S. soil for over 5 years and for many for decades. 3. We should not have to wait for comprehensive immigration reform to decide on status for the long-term foreign workers. Delaying the decision will delay economic improvement and cause more instability.

Siemer Pushes More CNMI Lies to Employers at La Fiesta Resort Workshop

Deanne Siemer, Fitial's "volunteer" attorney spoke via teleconferencing from Washington, DC. She really has no clue and maintains that the CNMI still has control over umbrella permits. According to federal officials they do not. Who do you believe?

Siemer was on KSPN 2 News saying:

"It isn't easy to deal with quote the federal government. It is not easy to deal with the Department of homeland Security. It has 16,000 employees. It barely knows what one agency or another is doing. And were are -I don't mean this to be uncomplimentary to the commonwealth but we are a small problem given what the Department of Homeland Security has to do these days."

Actually, the DHS absolutely does know how the CNMI Office of the Governor and CNMI Department of Labor have deliberately run an unethical campaign to undermine the federal position, defy and mock federal law, and threaten the foreign workers and their employers into complying with their costly regulations. (Expect to be sitting before a federal judge soon.)

Several ignorant employers spoke on camera on KSPN2 claiming that they would follow the CNMI labor laws even though it has been made clear that after November 28, 2010 the local government no longer has the authority to oversee the foreign workforce. Those speaking on camera who are ignoring the position of the federal government include Tan Holdings and

IT & E. Perhaps they are so wealthy that they can afford to throw their money away.

Another employer who appears no to have a clue, stated, "There are two positions and we can't say one is right and one is wrong."

Yes, we can. The CNMI position is wrong.

Educational Campaign?

May 27, 2010

Oscar Rasa, the former CNMI House Speaker with the criminal background and ties to Governor Fitial, claims that Saturday's political rally is intended to be a "political education program." Rasa is the president of the non-profit group, the CNMI Descent for Self-Government and Indigenous Rights. The group was said to have been formed specifically to back Governor Fitial's anti-federalization lawsuit that was filed in September 2008 as an attempt for the CNMI to maintain their broken labor and immigration system. The group backs Fitial's agenda. Other members of the group are Rose Ada-Hocog and the notorious Dolores Aldan.

In August 2009, it was announced that the CNMI Descent group would be opening an office in the same building that houses the CNMI Department of Labor in San Antonio. The Saipan Tribune reported:

The small office, sharing the same building as the Department of Labor, opened earlier this month and [Martin] Sakisat said it has sparked some concerns from the community that it will be a staging ground for political efforts. The organization has recently gotten status as a nonprofit group, however, barring it from political work, Sakisat said.

“It's not a political office,” he said. “The articles of corporation prohibit this office, by being itself chartered as a nonprofit, from endorsing any candidate or being connected with any politicians.”

Maybe they are violating the articles of corporation. Rasa claimed that the rally is a "political education program." Others have reported that the rally is being planned and orchestrated by government workers during working hours.

The Marianas Variety reported:

Rasa said they want to make the people understand the Covenant and the federalization law.

“This is important for the people to understand what the federal government does to the CNMI,” he said.

Vice Speaker Felicidad T. Ogumoro, Covenant-Saipan, said Interior failed to consult with the governor before submitting its recommendation to Congress.

Rasa said qualified guest workers can already seek improved status through the U.S. Immigration and Nationality Act.

“We will make the people understand these issues and we let them decide,” he added.

He said he still believes that the federalization law, or U.S. P.L. 110-229, violates the CNMI’s right to self-government under Section 103 of the Covenant.

How arrogant can people get? Why do these people think that they can explain the federal law better than the federal officials or the law's authors? Doesn't Rasa mean that the organizers will present their twist, spin, and misguided interpretation of federal law and Covenant? The result will be further confusion in the community as the Fitial Administration continues to push its agenda to maintain local control over labor and immigration.

It would make more sense if federal officials were the ones to explain the federal law. Fitial, Siemer, Willens, Kaipat and the Covenant anti-federalization followers sure have interpreted the federal law, PL 110-229 incorrectly. They have deliberately and systematically conducted a campaign to confuse and mislead the public. PL17-1 stands as evidence of their misinterpretation of the CNRA. PL 17-1 law needs to be challenged in court.

Further evidence of their misinterpretation of federal law is the fact that the CNMI Department of Labor and their "volunteer" Deanne Siemer insist that the local government still has authority over the foreign workforce.

Again, Siemer incorrectly claims that those foreigners with legal umbrella permits must report to DoL to have them renewed or they will "expire" and the permits will be "revoked."

She stated, "On the left hand corner of each umbrella permit is a box labeled “Next Filing Date to Avoid Revocation” which is referred to as the “report-back date” in the 77-page regulations for the Commonwealth Employment Act of 2007 as amended by Public Law 17-1. "

This statement is not valid because under PL 110-229, as of November 28, 2009 the local DoL no longer has authority or control over the foreign workforce.

The umbrella permits are recognized as valid by the federal government until November 2011 without any further adjustments by the local DoL. Such blatant disregard for federal law needs to cease.

The Fitial Administration even has the audacity to create new "classifications" to the permits! From the Marianas Variety:

Labor’s volunteer attorney Deanne Siemer told the Society for Human Resource Management during yesterday’s teleconference meeting that the CNMI government will allow legal guest workers to have a 32-hour a month part-time job.

She said part of this liberalized labor policy is the creation of a new classification known as service provider which is a privilege extended to documented foreign workers who have stayed for at least 10 years in the CNMI.

“A foreign national worker who is currently eligible to work in the commonwealth and who has been employed successfully in the commonwealth for 10 years or longer may become a service provider and sell his or her services, but not any kind of goods or products or the services of others, upon approval by the [Labor] secretary,” the regulations further read.

A service provider must be in good standing with respect to payment of all taxes and charges of the Commonwealth Health Center.

The CNMI government said a revoked umbrella permit is a ground for deportation but the federal government disagrees.

The U.S. Department of Homeland Security has said that all umbrella permit holders will be allowed to stay in the CNMI until Nov. 27, 2011 even if Labor revokes the permits.

According to CNMI labor regulations, the annual registration of aliens is necessary to track down their condition so as not to unduly burden the cash-strapped government.

The U.S. Department of Justice must take action to stop the Office of the Governor and the CNMI DoL from breaking federal law. They are overstepping their authority on several counts. They are stealing money from foreign workers and their employers in their scheme to continue to fill the CNMI coffers on the backs of the disenfranchised workers.

Until the U.S. formally stops the CNMI from violating people's civil and constitutional rights and forces them to stop their attempts to exert authority where they have no legal standing to do so, confusion will reign in the CNMI. Foreign workers and their employers who have questions on the conflicting interpretations of PL 110-229 and umbrella permits are encouraged to go to the Federal Ombudsman's Office for clarification and answers. The phone number for the Ombudsman's Office is 322-8030.

Stop the Leak!

May 26, 2010

Sunday's Orlando Sentinel contained pages of stories about the Gulf of Mexico oil spill that worsens by the minute. The front page story revealed that the design of the exploded well was "cheaper, faster and riskier."

Inside were stories of endangered wildlife, the depressing fact that the oil has reached into the fragile wetlands, the destruction of the seafood industry, and news that one of my favorite former U.S. Senators, Bob Graham will co-chair the Gulf spill panel.

Also inside the front page section was this full page ad from BP describing what they are doing to stop the spill. It listed the numbers where people could call to report oil on the shoreline, impacted wildlife, and spill-related claims. BP you are not doing enough. Your response is inadequate. Stop the propaganda and stop the leak already!

I agree with Louisiana native James Carville who is begging President Obama to take control of this situation and stop this disaster. I cannot believe that the Secretary of the Department of Interior called for a moratorium on drilling and yet waivers continue to be granted for new drilling projects.

Oil-soaked pelican: Photo by AP

DOC Revolving Door Spinning Again...

May 26, 2010

I am not sure why the CNMI government is not allowing ICE to lease space at the Detention Center. After all, much of the funding to build the jail came from the federal government, and only a small percentage of the cells are currently occupied.

Besides, under the CNMI-Fitial Administration's prison system, sentences ordered by courts and judges are often reduced and prisoners are set free months or years before their sentences are up. Even those who have sentences with no parole have been released with the blessing of the Governor's Office.

This week Lt. Governor Eloy Inos commuted the sentence of yet another prisoner. Velma Jean Aldan Arriola who was sentenced in March 2010 to nine months in prison for "committing 30 counts of criminal offenses which included forgery, misuse of credit card, identity theft, theft by unlawful taking, and theft by failure to make required disposition of funds received." Arriola was a former employee at the Revenue and Taxation Office of the Department of Finance.

The Marianas Variety reported:

The prosecution said the signatures of six taxpayers were forged by Arriola to pay the tax obligations of six other taxpayers who paid their taxes in cash.

Arriola received a total of $383.27, but her scheme involved 12 individual accounts, and victimized six taxpayers, the prosecution stated.

The lieutenant governor cited humanitarian reasons for why he commuted his former employee's sentence.

From the Marianas Variety:

Superior Court Associate Judge Ramona Manglona said Arriola’s conduct “undermined the trust placed in the commonwealth government by its taxpaying citizens and residents. Collection of tax money is the foundation of the commonwealth government’s livelihood. Her conduct causes a serious strain on the social contract between the…government and the governed. The government must hold its employees to the highest standards, a breach of that trust must be punished.”

Inos cited “humanitarian reasons” in commuting Arriola’s sentence.

Inos said Arriola “received support in her request for leniency from Speaker Froilan C. Tenorio, and Rep. Rafael S. Demapan…and other members of the community.”

Arriola, Inos said, is the primary caretaker of her ailing mother and disabled brother for several years.

She is also single mother with a 12-year-old minor son in need of nurturing and guidance, Inos added.

“Velma, being a female, is culturally most acceptable and natural to provide the necessary care and assistance that her mother needs,” Inos stated.

“Velma is most familiar, knowledgeable and understood the needs and manner of care-giving that her ailing mother and disabled brother deserve.”

Inos said Arriola “has expressed remorse and regret for her actions.”

All the victims have been reimbursed, he added, citing the information he received from the Department of Finance.

“The ends of justice are served by granting [her] an opportunity to continue the path to a successful, law-abiding life,” Inos stated in his order.

Inos was still the Finance secretary when Arriola committed her crimes.

The judge also permanently barred Arriola from employment in the CNMI government.

Maybe the Governor's Office is trying to send a message to the judiciary. The office attempted to interfere with the judiciary by recommending that their budget be cut. Maybe the message is that they are not needed since their sentences are routinely commuted.

Or maybe the Governor's Office is sending a message to the public that friends of the administration are not held accountable for their crimes. Look at the hundreds of employer-crooks who stole money from foreign workers. They never suffered any consequences and never had to pay what they owe the cheated workers. Look at the former felons or con artists who are elevated to high positions. Some were awarded pricey contracts (Felix Nogis), and others were chosen to be spokesmen for Fitial (Oscar Rasa.)

The governor and his lieutenant governor continue to make a mockery of justice. Recently a murder and others were granted parole. The detention center has a revolving door, at least for those with connections to the Fitial Administration.

The Administration also endorses a very unjust furlough policy as was evidenced by the weekend furloughs awarded regularly to violent criminal Joseph Aldan who is married to the former Commissioner of the Department of Corrections.

Inos cited "humanitarian reasons" for commuting Arriola's sentence. Are these humanitarian feelings that the governor and lt. governor claim inspired them to commute the sentences only reserved for indigenous people who are in jail? Do they have any "humanitarian" feelings or compassion for the long-term foreign workers who face having their families divided, or are at risk of having to return to their homelands where they no longer have families, property or jobs?

Government Agencies Involved in Planning Rally

May 26, 2010

Two CNMI government agencies, the Indigenous Affairs Office and the Carolinian Affairs Office, are joining the "CNMI Women's Organization" in planning a May 29th rally to oppose the DOI Report. (It's interesting that the cash-strapped CNMI government has the budget to fund not only an Indigenous Affairs Office, but also a Carolinian Affairs Office.)

The event seems to revolve around the claim that the DOI failed to "consult" with Governor Fitial before writing the report. However, there were several meetings and an unlimited amount of opportunities for the governor and others to express their views on status for the long-term foreign workers as is outlined in the post, The Lie.

The chair of the event is Ignacio DLG Demapan the newly appointed Director of Indigenous Affairs and the vice-chair is Angie Mangarero, executive assistant for the Carolinian Affairs Office. The CNMI's Women's Organization spokesperson, Rose Ada-Hocog is also a "special assistant"to the governor who runs the Programs and Legislative Review Office. All three agencies are under the Office of the Governor. It appears that the rally is not a grass roots movement, but a staged Fitial Administration event.

The Saipan Tribune reported:

“...We'd like to focus on the Interior recommendation and its effects on the indigenous Chamorros and Carolinians,” he said.

Demapan said residents are echoing the joint resolution by the Legislature and the position of the Fitial administration “strongly objecting” to the Interior report, which they said was done without proper consultation.

“We are not trying to push out the guest workers; we're just after our indigenous rights. We'd like to inform people and invite them to hear and voice their concerns about the Interior report,” he added.

Demapan reiterated yesterday that the event organizers want a status quo-meaning foreign workers will remain as foreign workers in compliance with the employment contracts they signed when they decided to come to the CNMI.

Based on 2008 data, the CNMI’s foreign worker population was estimated at over 23,500, exceeding the local workforce of over 12,000.

The indigenous rally will be held some two weeks after thousands of nonresident workers, their families and supporters held a motorcade and peaceful assembly to show strong support to the Interior report and recommendation of long-term immigration status for alien workers who have resided in the CNMI for at least five years.

The time to think about the impact of the foreign workforce on the indigenous population would have been thirty years ago when the numbers started rising and the infrastructure showed signs of strain; or when President Reagan chided the CNMI Government for the broken local system; or when President Clinton warned that federal law must be implemented because of the refusal of the CNMI to institute reform; or at any of the numerous congressional hearings when the CNMI Government was warned of the dire consequences of their out-of-control labor and immigration system. Not years after the foreign workers have become long-term residents and contributing and much-needed members of the community.

"Status quo" means that the supporters of the rally want to maintain the broken CNMI system and keep the foreign workers in the CNMI as a disenfranchised underclass with no social or political rights. Their concept is totally an un-American and undemocratic. It will not be accepted by the U.S. Congress and their attempts to maintain the local system (think PL 17-1) will be stopped soon enough.

The Saipan Tribune reports that some former Saipan "leaders" will be speaking at the rally including former governors, and mayors. The infamous Oscar Rasa will also be speaking. Other invited speakers are Congressman Kilili Sablan and candidate Juan Babauta. It will be interesting to see if they attend, and if they do what they have to say.

There is some controversy about the petition that Rose Hocog-Ada put on-line to protest the DOI report. Some signatories are former employers of foreign workers who have unpaid judgments totaling tens of thousands of dollars that they stole from their former employees. The CNMI Department of Labor and the Office of Attorney General have routinely failed to enforce the labor law and they failed to prosecute the employer-thieves that have unpaid judgments totaling over $6.1 million. They have permitted thousands of workers to be cheated while hundreds of employer-crooks never were held accountable for their despicable acts and are walking free in the community with their debts still unpaid.

Some foreign workers are calling for a boycott of businesses whose owners have signed the petition that opposes the Department of Interior Report. A recent comment on a previous post states:

All foreign workers:
Look at the petition site below: www.petitiononline.com/4NMI/petition.html; if you see persons you know who own business(es) DO NOT patronize, show them that without you as patrons, they will not survive. They're not supporting us then don't support them too... keep on monitoring and study carefully, I am sure you knew these people.

If may be even more helpful to list the businesses that support status or long-term workers so that the foreign workers and their supporters can patronize those businesses.

Kaipat -CNMI is Not a Colony -DUH

May 25, 2010

Deputy Secretary of the CNMI Department of Labor, Cinta Kaipat, is upset because the federal government has objected to the department withholding vital information and not cooperating with the federal government in implementing the CNRA, PL 110-229. Instead of providing access to the data bases, Kaipat is using the typical Fitial Administration strategy of attacking the messenger, deflecting from the truth, and repeating lies over and over in the hopes that someone may believe them.

In DOI testimony at the May 18th hearing and the recent GAO report, the CNMI was criticized for refusing direct access to immigration data bases and for not sharing critical data with federal agencies in a timely manner.

Kaipat responded by telling ICE spokesperson, Lori K. Haley, that "the CNMI is not a colony." What an inappropriate remark considering that the federal government has shown an immense amount of patience to a local territory that has defied federal law and overstepped local authority as far as the foreign workforce is concerned. What a dangerous game the CNMI is playing now.

On May 21, 2010 the Saipan Tribune reported:

“ICE has made repeated unsuccessful requests to DOL for the required additional biographical information for more than 500 referrals, but DOL has yet to respond to these requests. ICE is ready to review and determine appropriate action on the DOL referrals as soon as we receive the necessary follow-up information,” Lori K. Haley of ICE's public affairs officer/spokeswoman told Saipan Tribune.

Kaipat returned the criticism saying that the "CNMI should be treated as a partner. We are not a colony."

A Partner? Like the partnership established when Fitial sued the federal government in the ill-conceived multi-million dollar lawsuit? A partner like when the CNMI government refused to allow ICE use of the detention center so prisoners had to be flown off-island to be detained? A partner like when the CNMI refused the federal agencies direct access to immigration data bases? A partner like when the CNMI government balked at providing space at the airport? A partner like when the CNMI DoL and governor came up with the unconstitutional PL 17-1 which calls for foreign national Identification cards and other provision that are no longer within the authority of the local government? A partner like when the governor and other CNMI officials lied saying that they had no opportunity to express their opinions on the DOI report? (Even though there is conclusive evidence that there were multiple meeting with DOI and federal officials over the two year span.) A partner like when the CNMI DoL claimed that foreigners recognized as being legally in the CNMI by the federal government are deemed as being illegal by the CNMI DoL?

According to the Saipan Tribune, Ms. Haley responded to Kaipat's remarks by stating that ICE is "committed to removing criminal aliens who pose a threat to public safety."

Haley also pointed out that "ICE is responsible for enforcing federal immigration laws." Yes, ICE, a federal agency is responsible -- not any CNMI official, local department, or DoL, but ICE.

From DOI Assistant Secretary of Insular Affairs, Tony Babauta's testimony (emphasis added):

In addition, the CNMI government has made policy and legislative decisions that have led to much uncertainty for the community. For instance, the CNMI government issued umbrella permits to workers prior to the transition date (November 28, 2009), which it now states it has the power to revoke. While Federal agencies working with the CNMI to implement the CNRA have applauded the CNMI for issuing umbrella permits authorizing alien workers to remain and be employed in the CNMI for the first two years of the transition period, and have fully
recognized the validity of those permits during the time, the insistence of the CNMI government that the CNRA does not preempt its ability to continue to regulate alien employment is fostering a climate of confusion and disarray among workers and the business community.

Despite the best efforts of DHS (as well as DOI and DOL) to educate the community, workers, and businesses, the CNMI continues to administer the same procedures regarding employment of aliens as were required prior to the effective date of the CNRA, including issuing administrative decisions purporting to revoke or modify alien work authorization in the CNMI. The CNMI Office of the Governor and Department of Labor have issued guidance providing contradictory and incorrect information to the public, and advising employers in the CNMI that as long as they comply with local law they are not subject to an important Federal civil rights law enforced by the U.S. Department of Justice that the CNRA extended to the CNMI. In addition, through Public Law 17-1, the CNMI has mandated that most lawfully present aliens, whether admitted by the CNMI pre-November 28, 2009 or subsequently by DHS, as well as unlawfully present aliens, must register with the CNMI Department of Labor or face jail time, a fine, or both.

One result has been a rise in service providers promising that, for a fee, an alien can receive CNMI authorization to work and remain in the CNMI. Some of these service providers have obtained such authorization from the CNMI even though under the CNRA the CNMI is no longer in control of immigration and alien employment in the CNMI.

Further, aliens who possess long-term business permits, alien investors, and corporations with alien shareholders are being denied business license renewals until CNMI entry permits are renewed by the CNMI. Many do not want to risk the loss of business revenue to fight the CNMI and simply comply at a cost of $1,000 per entry permit.

The U.S. government needs to stop the games, stop the confusion, and stop the CNMI from continuing to overstep its authority. The CNMI government should not be allowed to violate people's civil rights and steal money from foreign workers, employers of foreign workers, foreign investors and others. Why doesn't the U.S. Department of Justice file an injunction against the CNMI DoL and Office of the Governor to end this destructive game?

Memorial Day Gathering: Supporting Our Troops and Their Families

May 24, 2010

The United Workers Movement-NMI is sponsoring an event to recognize all men and women who serve or served in the United States Armed Forces and all of their parents and families members who support their service. The event will be held at American Memorial Park on May 31 from 4:00 -7:00 pm.

Rabby Syed said: "While Memorial Day is a day to honor members of the Armed Forces who have lost their lives serving the United States, we want to also recognize those who are living. There are many military men and women from the CNMI serving the U.S. overseas and in the reserves. Even the foreign workers have U.S. citizen children who serve in the military and their service should be recognized and celebrated."

The National Memorial Day Concert takes place every year on the mall at the U.S. Capitol in Washington, DC. The music and songs pay tribute to the men and women who sacrificed their lives for their country.

The "Supporting Our Troops and Their Families" event sponsored by the UWM-NMI will feature a singing contest where children will compete for prizes singing patriotic songs. The competition is divided by age groups: 6 to 9 year olds and 10 to 16 year olds.

Those interested in joining in the singing contest should register by next Friday. For more information, call Rabby Syed at 285-3306, Ronnie Doca at 285-9255 or Jun Concillado at 287-0191.

Mr Syed also commented on the upcoming "indigenous rally" to be held on May 29th. From the Saipan Tribune:

As for this Saturday's planned assembly of those who oppose the Department of the Interior's recommendation to grant improved immigration status to long-term alien workers, Syed said they respect peoples' democratic rights.

Syed, however, appealed to the group not to make it into a political issue, but a humanitarian one.

He said there are many alien workers who are married to locals or have Immediate Relative status.

Many locals also have housemaids serving them for more than 15 to 20 years-housemaids who are raising the children of these local families.

“In a way we are tied with the local community, so they should consider those concerns carefully,” Syed said.

People To Pay to Hear Siemer's Spin

May 22, 2010

Fitial's mouthpiece and attorney-volunteer for the CNMI Department of Labor, Deanne Siemer will appear by teleconference to answer questions on CNMI unconstitutional and sure to be challenged labor law, PL 17-1. The Saipan Tribune reports that people are being asked to pay between $20 and $30 for the privilege of hearing Siemer speak "via video teleconference."

Perhaps they should also invite some federal officials to enlighten the employers as to how the CNMI Department of Labor no longer has authority over issues related to the foreign workforce.

From the Saipan Tribune:

Siemer will explain, through the power of modern teleconferencing technology, how the CNMI Department of Labor has been restructured and what its new role is with regard to employment of citizens, permanent residents, foreign national workers, and nonimmigrant aliens in the Commonwealth.

She will also summarize the new workforce participation and job preference requirements as well as the rules and regulations for umbrella permits, worker transfers, alien worker registration and identification cards, labor investigations, dispute resolution, reporting requirements, nonresident ownership in CNMI businesses, and the new labor fee schedule.

The consequences of not following the new rules and regulations (i.e., possible imprisonment for not more than 90 days, or fine of not more than $500 or both) will be discussed and the session will conclude with a question and answer period.

The idea of the CNMI issuing a foreign national ID is unconstitutional. Where are you U.S. Department of Justice?

Robin Hood Shot Down

May 22, 2010

As I predicted in April 2010, the case claiming that the Chamorro and Carolinian people were denied tribal rights was dismissed.

Pity the judges in the U.S. Court of Appeals for the Ninth District who were bombarded by poorly written, discombobulated briefs from Attorney Paul Risenhoover representing Robin Hood International Human Rights Legal Defense Fund and the National Chamorro Association of the Mariana Islands. In the bizarre lawsuit, Rota resident Glen Manglona claimed that the indigenous people of the CNMI were victims of genocide because "they were stripped of their “Native Indian tribal” identity when their Covenant with America was enacted in 1976."

U.S. Attorney Theodore Atkinson who represented the U.S. government in Fitial's anti-federalization lawsuit also represented the U.S. government in this lawsuit that was dismissed last week.

The Order issued May 19, 2010 states:

Before: LEAVY, RAWLINSON and CALLAHAN, Circuit Judges.
Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. United States Dist. Court, 557 F.2d 650 (9th Cir. 1977). Accordingly, the petition is denied.

All pending motions are denied as moot.

No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions shall be filed or entertained in this closed docket.

I am not surprised that the judges ruled that no other submissions "shall be filed or entertained." Imagine getting 97 motions and exhibits that contained disjointed cut and paste paragraphs from a variety of sources. I can imagine how the judges felt because Risenhoover sent me numerous uninvited and unappreciated email with briefs and argumentative garbage since I wrote the April post criticizing the lawsuit. (Even though I asked numerous times to be removed from his spam list.)

The Marianas Variety reported in a May 17, 2010 article:

Radio talk show host Glenn Manglona, president of the association, said Dr. Paul Risenhoover of Robin Hood International Human Rights Legal Defense Fund, which is based in Taiwan, is determined to win their case.

Although a New York judge once described Risenhoover as a “fraudulent opportunist,” Manglona said their lawyer won many other cases in the U.S. and other jurisdictions.

Manglona said Risenhoover is a licensed attorney in Oklahoma and the U.S. Ninth Circuit Court of Appeals and can appear before the United Nations International Court of Justice.

Some of the following background on Risenhoover and the case is from an April 2010 Unheard No More! post:

Dr. Paul Risenhoover of Robin Hood International Human Rights Legal Defense Fund filed the 200-page lawsuit against the federal government on behalf the National Chamorro Association of the Mariana Islands according to the Saipan Tribune. The National Chamorro Association of the Mariana Islands president is former alleged labor abuser Glenn H. Manglona. (Domestic helpers on Saipan and on Rota filed labor cases against the former Rota Director of Labor and more recently fishermen filed a case against him for nonpayment of wages.)

From the Tribune:

The Legal Defense Fund also filed a draft pleading with the International Court of Justice on behalf of the “native Chamorro and Carolinian Indian nationals and Formosans,” concerning the U.S. and Japan's violations of duties and responsibilities to protect Chamorros and Carolinians under a Treaty of Peace between the two countries.

“What this lawsuit tries to accomplish is to invoke Chamorro and Carolinian rights as tribal people. We have certain rights that are not being provided by the U.S. government. In a nutshell, we can make the Covenant better. It's not perfect but we can make it better for us,” said Manglona.

The Legal Defense Fund said that while U.S. District Court for the District of Columbia Judge Paul L. Friedman has upheld the U.S. Citizenship and Immigration Service's issuance of the rules to be acceptable to the statutory and Covenant authority of Congress, he has not ruled on whether the Constitution gives Congress the authority to enter into the Covenant.

I downloaded some of the "legal" documents filed in this case, and seriously could not make sense of them. They did not look like legal documents, but like drafts cut and pasted by someone outside of the legal profession. Here are some of the legal (?) documents filed with the U.S. Court of Appeals, Ninth Circuit Court.

It's ironic that the leader of a so-called “human rights organization” was involved with promoting the violation of human rights. Dr. Risenhoover promoted the recruitment of innocent Palauans and Micronesians to work in the filthy and abusive Agriprocessor Plant in Postville Iowa. (See this post: Baloney)

In an August 2008 news article Dr. Paul Risenhoover called for workers from the Marshalls, Palau and other Micronesian Islands to work in the non-union, abusive meat packing plant.

The article stated: “The factory owners are Orthodox Jews who produce Kosher religious meat for Jewish families and many Seventh Day Adventists, purchase their Kosher meats.” I guess they cared how their meat was prepared, but were not concerned that workers were abused and their human rights were denied. A Marianas Variety article also covered the news saying that Dr. Risenhoover told Palauans of the “opportunity” during an Austronesian Forum in 2008.

His recruitment of workers took place after the well-publicized outrage and exposure of illegalities and abuses at the plant. In May 2008 the plant was the site of an immigration raid that led to the arrest of 389 illegal workers and eventual charges against former executive Sholom Rubashkin and several managers.

In April 2009 Elizabeth Billmeyer, personnel manager, was convicted of one count of conspiracy to harbor undocumented aliens for profit and one count of knowingly accepting false resident alien cards. In September 2009 the chief financial officer of Agriprocessor Plant, Mitchell Meltzer, pleaded guilty to conspiracy for making false statements to a bank.

Risenhoover is a board member of the Free China Movement. He has quite the controversial past. In 2007 he was deported from Taiwan, blacklisted, and denied reentry for six months. He filed a court case challenging passport denial for being behind in child support payments. A Wikepedia article states:

"The Court characterized Risenhoover's complaint as "a scrambled collection of conspiracy allegations and unexplained citations to federal statutes." Risenhoover maintained that he was subject to certain cognitive disorders and should not be discriminated against on this basis. Risenhoover argued he was effectively in custody, wherever he was, because he was unable to travel internationally without a passport.

Due to the unstructured nature of Risenhoover's pleadings it is difficult to ascertain what ultimately happened but it is clear from the exhibits that he flew from Kaohsiung to Tokyo on February 26, 2006. Further he complained of ill-treatment by the authorities at or about that time.

He lost the case.

Dr. Risenhoover is apparently well-known in courtrooms. In 1999 The New York Times reported that a judge threw out out a lawsuit concerning selling human organs. The judge called Risenhoover a “fraudulent opportunist.”

From the article:

Federal charges against two men accused of conspiring to sell human organs taken from Chinese prisoners were dismissed yesterday by a judge who sharply criticized the Government for building its case around an informant she denounced as ''a fraudulent opportunist.''

Judge Deborah A. Batts of United States District Court in Manhattan said the informant, Paul Risenhoover, had been seeking to overthrow the Chinese Government and might have entrapped the two defendants. She said Mr. Risenhoover was now refusing to return from abroad to appear at trial, which denied the defendants their Constitutional right to cross-examine him.

The The NY Daily News had this to say about the case:

In a caustic, 155-page decision, the judge attacked the government's case, zeroing in on the use of informant Paul Risenhoover, who admits to opposing the Communist government of China "by any means necessary."

Risenhoover has "his own political, personal and possibly financial agendas, and he seems to operate on the premise that his desired ends justify any means," Batts wrote.

You can get an idea of Risenhoover's political views by reading this 2005 letter to the editor he wrote concerning Taiwan’s independence.

Glen Manglona is also not without controversy. In May 2008 Associate Judge David Wiseman issued a Temporary Restraining Order against Manglona and his wife, Elizabeth "to stay at least 100 yards away from the plant, equipment, and fishing vessels owned by the Northern Marianas Fisheries Inc. and Crystal Seas CNMI Inc. located near the airport on Rota."

From the Marianas Variety:

In issuing the TRO, Wiseman enjoined the Manglonas from staying at least 100 yards from the office, its equipment and documents of Northern Marianas Fisheries Inc. and Cystal Seas CNMI Inc. located in Songsong, Rota, and the same distance from the residence of the reported majority shareholder, Rockford Lee Zietzke.

According to court documents, Glenn Manglona is currently listed as the registered agent, a director and the vice-president/secretary of both corporations. Elizabeth Manglona is listed as a minority shareholder of the corporations.

Wiseman said the TRO shall expire at the date of the hearing on May 27, 2008, unless extended by the court.

Manglona allegedly attempted to keep the majority shareholder from entering the office on Rota and threatened to "do bodily harm" to the majority shareholder, Rockford Lee Zietzke.

In February 2009 Superior Court Associate Judge Ken Govendo issued another temporary retraining order against Glen Manglona and two others "to prevent three landowners from harassing or contacting the Commonwealth Development Authority and the Northern Marianas Housing and their staff on Rota."

From a February 18, 2009 Saipan Tribune article:

“Due to Glenn H. Manglona's prior trespasses on the property, and the family's intimidation and harassment of CDA's previous tenant, CDA, NMHC, and their employees and clients all have justifiable concern for their health, welfare and safety,” Smith said.

He said NMHC's programs are created by federal mandate and overseen by the U.S. Department of Housing and Urban Development, and that interruption of NMHC's services threatens these important federal programs.

He underscored the importance to have a TRO in order to allow CDA, NMHC, and their employees and agents access to the property, and to protect them from immediate and irreparable harm.

It would be interesting to know how many people belong to the National Chamorro Association of the Northern Marianas and how many people actually backed the lawsuit.