Hate Legislation

January 30, 2011

So much for civility and understanding in the face of the Tucson shootings.

Last week Arizona Republicans introduced legislation in both the Senate and House "to deny citizenship to any child born of parents who are not citizens of the United States, be they illegal aliens, or foreigners on business or for tourist purposes."

This boldly conflicts with the 14th Amendment of the United States Constitution which guarantees citizenship "to all persons born or naturalized in the United States, and subject to the jurisdiction thereof."

In fact, legislators have said they are pushing the legislation with the intent of having the Supreme Court challenge the bill to force clarification of the phrase in the 14th Amendment that states, "subject to the jurisdiction thereof." 

The CNMI, which has become the model for hateful anti-nonresident lawsuits, proposals, policies, legislation and statements, actually proposed similar legislation over a decade ago.




The legislation will undoubtedly be declared unconstitutional.


Other states and the CNMI joined Arizona in defending their right to preempt federal law in the enforcement of immigration.  Ten states promised that they would follow Arizona's lead and introduce anti-immigrant legislation similar to Arizona's SB 1070, which is being challenged by the US DOJ.  Those states have backed off because the bills are unpopular with residents, especially Hispanics who make up an important voting block.  Many states with tight budgets are also unwilling to risk expensive legal fights with the federal government.

Hiding in the Spotlight

January 28, 2011

"I don't care what you do --just live." Dmitri Arshansky

Zhanna Arshansky Dawson

United Nations Holocaust Remembrance Day has been held on January 27th every year since 2005 as a day to honor the memory of 6 million Jews and countless others who died by the hands of the Nazis in World War II.

At my high school in Orlando, we commemorated the day by hosting an extraordinary Holocaust survivor and three members of her remarkable family.  The goal was to teach the lessons of the Holocaust, and to inspire students to dedicate themselves to promoting tolerance.

I want to share this touching Holocaust story with you. It is a story that has moved everyone who has heard it.  It has inspired many to reflect on how they can use their lives to make a difference in their community and in the world.

Last September my service learning students attended a screening and panel discussion on a Global Peace Film Festival film, Hiding in the Spotlight. The film is a short documentary created by Candy Dawson.  The students were deeply moved and inspired by the message of the film and the hero's qualities of perseverance, courage, and strength that she exhibited when faced with horrible hardships.

The film is based on the book, Hiding in the Spotlight, that was written by Candy's husband, Greg Dawson, a columnist with the Orlando Sentinel. The film and book tell the incredible story of Greg's mother,  Zhanna Arshansky Dawson. She was a young Jewish musical prodigy in the Ukraine who escaped death during the Holocaust by playing the piano.

In 1941, Zhanna's family was taken from their home in Berdyansk, Ukraine by Nazis and put in a death march alongside thousands of others who were to be executed and thrown in the ravines Drobitsky Yar. Her father bribed a young German guard with a gold pocket watch, begging him to turn his eyes to let Zhanna go.  His last words to his daughter were, "I don't care what you have to do -just live."

Zhanna escaped the march into the icy forest and found her way back to her village. After a series of miracles, she was placed in an orphanage with her sister, Frina who had also escaped.  To this day Frina has told no one, not even her sister, how she got away. The two sisters were given new Christian names and identities, including new birth dates.

A piano tuner heard Zhanna playing piano, and was stunned by her talent. Soon Zhanna and Frina were performing for Nazi troops, entertaining soldiers and officers with the music of Chopin, Brahms and other composers. The two Jewish sisters were "hiding in the spotlight."

After the war, Zhanna and Frina were put in a refuge camp. The American camp administrator sponsored their move to the United States and he helped the girls win scholarships to Julliard. Zhanna married Larry Dawson, the refuge camp's brother, who was also an accomplished musician.  Both woman had successful musical careers.

Another remarkable aspect of this story is the fact that Zhanna's two sons did not learn of her story until they were adults. They knew that their mother was Russian and came to America after the war. But it wasn't until Aimee Dawson interviewed her grandmother, Zhanna as part of a high school history assignment that the family learned the story.  Zhanna wanted to spare her children from hearing the terrible story while they were young, wanting them to have a trama-free childhood, unlike her own. The word Holocaust was not even mentioned in the Dawson home.


Summarizing this story does not do it justice.  You must read the eloquently written book, Hiding in the Spotlight, to get all of the details of this story. (You can order it here.)

A full length documentary film, Sharing the Spotlight is being produced to tell the story of Zhanna and the influence it has had on students and others.  My students were filmed yesterday to be part of the documentary. All of them have read the book (most more than once, because they love it so much). While they were excited to be part of the film, they were much more excited to be able to meet their inspirational hero, Zhanna, and to have the opportunity to interact with the Dawson family.

Over 800 students and faculty members, about one quarter of the high school's total student body of 3,200, attended a presentation in the school auditorium where Candy Dawson's beautifully filmed documentary was presented. Then the four Dawsons - Zhanna, Greg, Candy and Aimee held a panel discussion and took questions from students. Every member of this family is exceptional as individuals, but together they are intensely uplifting and enlightening. The family received standing ovations when they walked on stage and when the presentation ended. 

Dozens of students, who usually leave the campus when the last bell rings, stayed in the auditorium and ran on the stage to greet Zhanna and the family. I am sure it was an exhausting day for her, but Zhanna graciously embraced and spoke to each and every child, listened to their remarks, accepted their praise, and responded to their own stories for almost two hours after the program ended. As one student remarked, "This is United Nations Holocaust Remembrance Day and of all the schools in our country, we were blessed to have the Dawsons visit. I will never forget this day!"

Visit the Hiding in the Spotlight website to hear Zhanna play the piano, see photos, and learn more.

Aimee and Zhanna Dawson on stage after the presentation.

Fourth year service learning student, Chelsea fields questions from the audience for the Dawsons.

Film crew in my classroom filming service learning students for the documentary, Sharing in the Spotlight.

Greg Dawson signing a book.

Students speak to Zhanna and the Dawsons on stage after the program.

Ralph Reed Still a Fraud

January 27, 2011

Ralph Reed speaking on school choice.
©2011 W. L. Doromal

When I heard that Jack Abramoff's buddy and a co-defender of CNMI's dysfunctional labor system, Ralph Reed was in Orlando, I had to go hear him speak. He was featured at a Tea-Party backed "town hall" on education reform with fellow conservatives Dick Morris, and Mike Gallagher, a conservative radio talk show host. (You may remember that Morris was a member of the Clinton Administration who allegedly was forced to resign because of sex scandal involving a prostitute.)

When people speak on reform, they usually have related credentials or are experts in the field that they are talking about. That is unless the subject is public education, and you can bet that educators will be excluded from that conversation, while self-appointed experts spout off endlessly.  Many education talking heads have never taught in public schools, and know little or nothing about the economic, social and political circumstances that influence what happens in our public schools. (All things well beyond the control of even the best teachers.) 

Dick Morris and Ralph Reed spoke about public education with the confidence of those who knew what they were talking about. They did not. They promoted school choice and merit pay.  They both trash-talked public schools and shared some propaganda and unfounded generalities with the conservative, mostly white-haired, over age 60 audience.

I teach in a Florida high school that is ranked as an A school. We have the highest graduation rate in the school district (97%). Our school is ranked among the top schools in the state, besides being nationally recognized for academic achievement across the board. These self-proclaimed experts mocked the fact that Florida schools are currently ranked 5th in the nation saying that the ranking meant nothing in one sentence, and then crediting former Governor Jeb Bush (not the teachers, parents or students) with raising the state's academic standing from 35th to 5th in another sentence.

Ralph Reed in Orlando ©2011 W. L. Doromal

Ralph Reed, once director of the Christian Coalition, and founder of the Faith and Freedom Coalition, said he supports prayer in public schools. He said, "Education is about the formation of character and the work of the soul... school choice is a moral and civil rights issue."

Odd words coming from a guy who backed a system that supported coerced abortion, forced prostitution, and human trafficking. Reed vocally backed Abramoff and his pal Tom DeLay to block reform legislation that would have ended civil rights and human rights abuses in the CNMI.

Reed is just another morally bankrupt talking head who makes money by word-smithing and truth bending.  I studied him for the entire time he was on stage.  My conclusion is that Ralph Reed viewed this "town hall" meeting as just another gig.  There was a lack of conviction or connection to his words. Several times when other panelists were speaking, Reed could be seen glancing at his cell phone. Reed is paid to toss out the Right's rhetorical lines and sound bites.  It is his job. He reminds me of a snake oil salesman. 

Reed checking his phone. W. L.  Doromal ©2011

Some teacher protesters who joined the meeting reacted loudly to some outrageous remarks from the stage. At one point when Reed was speaking about Newt Gingrich's Contract with America and the welfare system that Reagan dismantled, a couple repeatedly shouted, "Liar!"  Several others asked the speakers to reveal who funds Americans for Prosperity, the sponsor of the event, which was one in a series of events held across the nation. There was no response.  Actually, the anti-Obama, Americans for Prosperity is funded primarily by big oil and the Koch brother. (Read more in The New Yorker.)

Reed ran for lieutenant governor of Georgia in 2006. His loss was linked to his Abramoff connections and the fact that Reed, the self-proclaimed religious conservative who said he opposed gambling, had actually accepted millions of dollars from one Indian tribe to defeat another tribe from opening casinos.

Ralph Reed ©2011 W. L. Doromal

It seems that Ralph Reed just can't stop hanging with and defending the bad guys.  In a recent editorial in the National Review, Reed defended felon and his good buddy, Tom DeLay. Previously he defended Jack Abramoff and sweatshop abuser/owners. He went to work for Enron after his Christian Coalition gig unraveled.  They say it takes one to know one. In this case, it takes a bad guy to know a bad guy. Under the slick outer baby-faced shell, Ralph Reed is one of the bad guys. Despite his claims to be religious, his actions suggest that he is a hypocrite. It doesn't look like it's in the tea leaves for Reed to ever be truly "born again" or "see the light" in time to join the ranks of the good guys.

State of the Union: Now May Congressional Members Start Doing Their Jobs

January 26, 2011

"Amid all the noise and passions and rancor of our public debate, Tucson reminded us that no matter who we are or where we come from, each of us is a part of something greater -- something more consequential than party or political preference."


While it may have been a nice gesture for members of Congress to select "dates" from opposing parties to sit next to as a show of civility during the State of the Union Address, the American people want and deserve more.  These elected members are paid to serve us and they are failing miserably. They need to work together for the length of their terms.  For years they have argued constantly and publicly as they position themselves for re-election.

Whether or not the members of the U.S. Congress decided to play nice for an evening, there still would have been at least one grownup in the room  - President Obama.  While the U.S. lawmakers waste our tax dollars and allow problems to continue unresolved, the President has always carried out the job he was elected to do.

Maybe the bratty members of Congress could take a lesson from him, listen and learn something.  The American people are sick of hearing the elected officials' childish bickering instead of seeing them doing their jobs. The American people are tired of watching the elected leaders parade their partisan disagreements and stubborn ego-fed stances on TV news and Sunday talk shows.  It's time for elected leaders to stop arguing and start working together to advance the goals of our nation.

From President Obama's State of the Union Address:

It’s no secret that those of us here tonight have had our differences over the last two years. The debates have been contentious; we have fought fiercely for our beliefs. And that’s a good thing. That’s what a robust democracy demands. That’s what helps set us apart as a nation.

But there’s a reason the tragedy in Tucson gave us pause. Amid all the noise and passion and rancor of our public debate, Tucson reminded us that no matter who we are or where we come from, each of us is a part of something greater -– something more consequential than party or political preference.

We are part of the American family. We believe that in a country where every race and faith and point of view can be found, we are still bound together as one people; that we share common hopes and a common creed; that the dreams of a little girl in Tucson are not so different than those of our own children, and that they all deserve the chance to be fulfilled.

That, too, is what sets us apart as a nation.

Now, by itself, this simple recognition won’t usher in a new era of cooperation. What comes of this moment is up to us. What comes of this moment will be determined not by whether we can sit together tonight, but whether we can work together tomorrow.

I believe we can. And I believe we must. That’s what the people who sent us here expect of us. With their votes, they’ve determined that governing will now be a shared responsibility between parties. New laws will only pass with support from Democrats and Republicans. We will move forward together, or not at all -– for the challenges we face are bigger than party, and bigger than politics.

At stake right now is not who wins the next election -– after all, we just had an election. At stake is whether new jobs and industries take root in this country, or somewhere else. It’s whether the hard work and industry of our people is rewarded. It’s whether we sustain the leadership that has made America not just a place on a map, but the light to the world.

President Obama put into words what millions of us feel. Let's hope that the members of Congress were listening. We are depending on them to elevate the symbolic unity of sitting next to an political opponent into the reality of working together to pass much-needed legislation.

More Attacks on Nonresidents

January 25, 2011

Saipan and Northern Marianas Municipal Council Chair Ramon Camacho declared that local and federal officials should "look into the status and conditions of nonresidents who decided to remain in the commonwealth until November 2011."

Camacho said, "The government must monitor the movement" of legal nonresidents.  He said that the presence of the unemployed nonresidents is "out of control."

How are these legal nonresidents "out of control?"  Are they attacking people? Instigating riots? Every week, the local news media reports many crimes, but relatively few are attributed to nonresidents.

The nonresident workers are in the CNMI legally until November 27, 2011.

How does Camacho propose that the nonresidents be "monitored?" That statement evokes gestapo-like images.

Camacho claimed that the nonresidents were working on farms "without contracts" and "not paying taxes." Really? Are those who own these farms paying the fees for business licenses; do they pay taxes? Will they too be monitored?

So many have criticized foreign workers for "sending money home instead of spending it in the CNMI."  In fact, it is no one's concern where nonresidents send or spend their money as long as it is not in an illegal way.

These same complainers never show any concern over the fact that thousands of nonresident workers are owed money by their cheating and criminal employers who failed to pay them all of their wages or took illegal deductions from their pay.  They fail to mention the hundreds of thousands of dollars that the nonresidents pump into the local economy every year with their purchases.  They forget that even though they are disenfranchised, most nonresident workers are employed and do pay taxes.

What is the reason for the recent escalation of the anti-nonresident sentiment from Kaipat, Camacho and others in recent weeks?  Such xenophobic attitudes and rash statements do nothing to promote justice or to uphold basic democratic principles.

Turning a Blind Eye

January 23, 2011

It is a violation of federal law to require that CNMI employers hire U.S. citizens over legal nonresidents. Still there is a growing chorus of voices in the CNMI that endorses breaking federal employment law. The movement is gaining steam as it proceeds unopposed and unchallenged by U.S. officials.

Here is what federal law says regarding U.S. citizen job preference and job discrimination:

Title VII

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

National Origin Discrimination

It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees.

Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

In his State of the Commonwealth letter, Governor Fitial said that efforts to get more U.S. citizens employed in the private sector will be one of his priorities:

"Getting more U.S. citizens employed in the private sector will be one of my highest priorities during this coming year. Previously, we lacked the data and the tools to achieve this objective. However, with the passage Public Law 17-1, we now have both. The law requires that all employers of guest workers must use the Job Vacancy Announcement (JVA) to ensure that qualified U.S. citizens are considered for the position before it is filled by a foreign worker. 

The revised labor law authorized the reorganization of the Department of Labor, which was completed in March 2010. The old Employment Services Division was split into two parts - the Job Availability Section and the Job Placement Section. The Job Availability Section has just completed its first job availability forecast, based on its identification of the number and types of jobs current held by foreign workers. With this information, the Department can now know exactly what jobs will become available, month-by-month, over the next 12 months. This information will allow citizens, and those who train them, to know what the job market will be months in advance. With this information, the Job Placement Section can better advise U.S. citizens what specific employers will have what kind of jobs available, on a monthly basis, for the next 12 months. It is the responsibility of the Job Placement Section to place citizens in jobs that become available when one year or two-year contracts with foreign workers come to an end. 

We believe this program deserves a technical assistance grant under the provisions of PL 110-229 that specifically address the Commonwealth's need to recruit, train, and hire more U.S. citizen workers in its economy and to gather data regarding the types of jobs needed and the skills needed to fulfill such jobs so that educational institutions in the CNMI can develop curricula for such job skills."

There are several problems with the Administration's plan.  The federal government regulates immigration and labor in the CNMI. USCIS stated that legal nonresidents with umbrella permits or parole in place status may remain and work in the CNMI until November 27, 2011. DOL and Fitial incorrectly state that when legal nonresident workers' contracts expire, then they must exit the CNMI.  This is not true. The legally recognized nonresident workers can remain with their current employers or be employed with another CNMI employer who hires them under Form I-91 CNMI. Even unemployed nonresidents with umbrella permits may remain in the CNMI at least until November 27, 2011 and continue to seek employment.

A recently released publication from USCIS, Handbook for Employers: Instructions for Completing Form I-9, states:

Q. As a CNMI employer, do I need to obtain CNMI DOL approval to hire an umbrella permit holder? 

A. No. Federal law does not require you to obtain CNMI DOL approval to hire an individual with an umbrella permit in the CNMI. Your new employee must fully complete Section 1 of the Form I-9 CNMI no later than the date that he or she begins work, and you must examine the employee’s documentation and complete Section 2 of the Form I-9 within three business days after the date the employee begins work.

Another problem is that DOL does not know how many "local" people are qualified to fill any positions that may actually open. They do not know how many residents want to accept a position in the private sector, which typically offers low pay and poor benefits.  They also do not know whether or not the legal foreign workers will be renewed by their employers, so they cannot realistically estimate how many jobs will be available even though Acting Labor Secretary Kaipat claims that 6,500 jobs will be available over the next to years.

Foreign workers and their employers are not required to report to or register with the local labor department, even though the DOL insists that they are.

In a recent letter to the editor Kaipat wrote:

"...the department is now focused on enforcement with respect to U.S. citizen employment rights. Every U.S. citizen in the commonwealth is entitled to job preference over any alien for any job for which that citizen is qualified. Enforcing this legal requirement is one of the department’s principal responsibilities under its reorganization, and more personnel have been devoted to this task. Our investigators are visiting employers and checking records with respect to compliance with commonwealth law. We are producing a month-by-month job availability forecast and focusing on every job in which an alien’s contract is expiring so that we can seek to fill that job with a citizen."

Again it is illegal for an employer to hire based on nationality. PL 17-1 contains provisions that are in conflict with federal law. Federal law preempts local law. The CNMI labor law needs to be challenged.

Fitial is asking for federal money "to gather data regarding the types of jobs needed and the skills needed to fulfill such jobs so that educational institutions in the CNMI can develop curricula for such job skills."  The CNMI DOL has consistently and arrogantly refused to share any employment data with federal officials.  Why should the administration be given a federal grant, if they cannot even share data?  No federal grant or assistance should be awarded to a program that promotes discrimination in employment practices, or to a local department that will use the grant to gather data unless it is specified that any data be shared with the federal government.

Other Voices in the Push to Hire "Locals"
Rep. Frederick Deleon Guerrero, who chairs the House Committee on Federal and Foreign Relations, met with DOL and Department of Commerce officials and others in a closed door meeting earlier this month to address, among other issues, the increasing unemployment rate among locals as government jobs are cut.

The lawmaker noted that there are jobs "held by nonresidents that need specialized training," and he suggested that "guest workers currently holding these jobs should be required to train U.S. citizens applying for such positions."

Is he suggesting that DOL tell the foreign workers that they cannot have their contracts renewed, but before they leave these foreign workers must train unskilled locals to replace them?  Any foreign worker with any self-respect will undoubtedly not buy into that plan.

Rep. Joseph Palacios stated that are an estimated 3,000 to 4,000 CNMI residents currently collecting food stamps, and suggested that they represent the number of unemployed in the CNMI.  That is not a meaningful statistic because it does not tell how many people collecting food stamps are eligible for work, how many want to be employed, and how many would work for the meager wages that most private sector jobs pay. There may also be unemployed in the CNMI who are not collecting food stamps. How many "locals" does DOL have registered with them and seeking employment? That should be the statistic that they may want to consider.

Another push for "local" hiring comes from Ramon B. Camacho, Saipan and Northern Islands Municipal Council Chair who wants companies that lease public land to hire "local" residents.  He is asking Oscar M. Babauta, the Secretary of Public Lands to help "secure jobs for unemployed local residents."  Camacho vowed to work with the CNMI Department of Labor.

Governor Fitial's State of the CNMI letter, the ongoing DOL announcements, and official statements that support breaking federal law are becoming more and more common place, and more and more tiresome. Why can't the U. S. Department of Justice or the U.S. Department of Labor challenge PL 17-1,  and put a stop to these constant announcements that support breaking federal law?

USCIS Outreach This Week on Saipan

January 22, 2010

United Workers' Movement, NMI president Rabby Syed encourage any foreign investor or foreign member of the clergy to attend the USCIS outreach forums to be held this week at the American Memorial Park.   They will be able to get information and ask questions directly to USCIS personnel.

The forums are not directed at foreign contract workers. The USCIS Office stated that a separate forum will be held for them after the new CNMI-only transitional worker rule is released sometime before March 2011.

From the USCIS press release:

Please note that these public sessions are exclusively designed to discuss the CNMI-only E-2 Nonimmigrant Investor, for which the final rule was published in December 2010, and Grant of Status.

There will be no opportunity to discuss the Transitional Worker rule during these forums. Public meetings will be set up in the future when the final rule for the CNMI-Only Nonimmigrant Transitional Worker is finalized.

USCIS, an agency within the U.S. Department of Homeland Security, handles immigration benefits. More information can be found at www.uscis.gov/cnmi.


Date and Time:

Tuesday and Wednesday, January 25 and 26, 2011, 5 – 7 PM.

Location:
American Memorial Park indoor auditorium, Garapan

Topics:
CNMI-only E-2 Nonimmigrant Investor and Grant of Status

Contact:
Marie Sebrechts, marie.sebrechts@dhs.gov, 949.360.3000

NOTE:
Please provide this information to your readers, listeners and viewers. Should you want to set up an interview, please contact Marie Sebrechts, marie.sebrechts@dhs.gov, 949.360.3000.

More Police Brutality

January 22, 2011

The continuing cases of brutality by officers of the CNMI Department of Public Safety and CNMI Department of Corrections suggest there is an ongoing pattern of outrageous civil rights violations that remain unchecked by both the local and federal law enforcement agencies. (Read this previous post for a list of rogue officers who have committed crimes.)

Department of Corrections Officer Jesse Reyes Babauta is being sued by Quirino G. Adlaon who was allegedly arrested for driving under the influence.  He was pulled over in January 2009 by police officer Maanao and another unknown police officer.

According to the complaint, Adlaon was taken into custody for DUI and reckless driving. He was handcuffed and taken to the DPS. He took and passed a breathalyzer test three times, and a field sobriety test twice. Still he was taken to the Department of Corrections and put into a cell. He asked why he was being held if he passed all the tests and was informed that he was being held for DUI and reckless driving. He was never charged with those offenses.

While in custody in the cell, Adlaon was assaulted by DOC officer Jesse R. Babauta after he questioned why Babauta had not given him water.  Babauta allegedly hit him in the mouth so hard that his teeth were dislodged and later needed treatment.  Adlaon bled profusely in the cell for an hour and he yelled for help. No one at DOC responded.

As if that was not enough, Adlaon was again the victim of false arrest on November 1, 2009. He was arrested by DPS officer Roque Camacho who went to his residence where he was sitting outside with friends.  The officer charged him with speeding and disturbing the peace.

During the arrest another police car arrived with Officer Cepeda and an unknown female officer. The three officers handcuffed and placed the plaintiff in their patrol car and drove him to the Department of Corrections.  There he was put in a small padded room, handcuffed and restrained with a ball and chain where he stood for over two hours. (Seriously, a ball and chain?)

During that time his hands and wrists were injured by the handcuffs. He was then transferred to a cell where he spent the evening until his release the next day at 3:30pm. Again he was never charged with any violation of the law. He was falsely arrested and imprisoned.

The complaint identifies the following defendants: Former DOC Commissioner Dolores San Nicolas, former DOC Commissioner Gregory F. Castro, DPS Commissioner Santiago Tudela, DPS Officer Jesse R. Babauta, DOC Officer Patrick Maanao, DPS Officer Jesse Cepeda, DPS Officer Roque Camacho, the CNMI Government, CNMI DPS, CNMI DOC and DOES 1-10. 

The lawsuit lists 2 causes of action for the deprivation of due process for unlawful arrests and imprisonments, 2 causes of action for 2 incidents of assault and battery resulting in serious injury, and the intentional infliction of emotional distress.

It appears that both DOC and DPS covered up the two incidents of false arrest and imprisonment and also failed to carry out a proper investigations. The complaint states that a police officer took a statement of the maltreatment when Adlaon was leaving the facility in January 2009. In fact, police officers took him to the CHC Dental Clinic where the broken tooth had to be extracted. On January 23, 2009 the Plaintiff was taken to DOC to sign a statement about the events. He was re-interviewed two days later by two officers and made yet another statement. He was never contacted again about the incident. Babauta was not arrested for the assault and battery.

Jesse R. Babauta was charged previously with assault 
In June 2007, Saipan Corrections Officer Jesse R. Babauta was arrested for assault with a dangerous weapon, assault and battery, and disturbing the peace. He pointed a gun at a taxi driver at his residence. The arresting officer reported that in April 2007, Babauta's girlfriend filed a previous complaint that stated that Babuata pointed a gun at her.

In August 2007 Babuata was promoted!

In March 2008 jurors found Babauta not guilty of assault and battery, although he was convicted of disturbing the peace.

Did he learn his lesson? No. In January 2009 he assaulted and severely injured a prisoner, Mr. Adlaon.

Was he arrested or dismissed from his job? No, but he continued his violent ways.  In October 2009, Saipan Corrections Officer Jesse R. Babauta was arrested for two counts of assault and battery, one count of assault, one count of interfering with a domestic violence report, and one count of criminal coercion. The Saipan Tribune reported:

Assistant Attorney General George Hasselback stated in the complaint that on Aug. 1, 2009, Babauta slapped the victim in the presence of a child and threatened to kill her.

Hasselback said the defendant told the victim he would kill her by locking her in a closet and depriving her of food and water until she dies.

Babauta allegedly told the victim he would use his position as a Corrections officer to get her arrested if she called the police.

The prosecutor said the defendant also punched the victim in the head and pushed her to the ground, causing her to scrape her knees and legs.

This dangerous man is not only a criminal, but he appears to be a thuggish bully. His case dismissed because the "victim could not be located."  I find it unbelievable that no relative knew where the victim, his former girlfriend was.  Was a missing persons report filed?  Was a real effort made to locate her?

The CNMI Government and Department of Corrections deserves to be sued for allowing a violent criminal to be employed as an officer.  What kind of crazy and dangerous employment policies allow this?

Read the complaint:



This is not the first case of abuse by DPS and DOC officers, as this previous post details.

On October 18, 2010 a Chinese worker, Jin Dong Wang was severely beaten in what appeared to be a case of mistaken identity during a police raid. No arrest has been made.

DPS Commissioner Tudela claimed in November 2010 that former police officer Jesse Dubrall was involved. After the assault Dubrall resigned on October 22, 2010 and on October 25, 2010 he was working at the Office of the Public Auditor.

Tudela said that case was forwarded to the FBI.  Why has there been no arrest in this case? If a civilian had assaulted the Chinese worker, you can bet that he/she would be sitting in a jail cell by now.

It's time for some serious revamping and investigations of personnel within these departments. Offending officers need to be arrested and serve time. A badge does not give them the authority to break the law. Officers should be upholding the law, not breaking it.

The DOC is under a consent decree because of previous civil rights and facility conditions violations pursuant to the Civil Rights of Institutionalized Persons Act (‘CRIPA”).  Although there may have been improvements, there certainly have been persistent and ongoing problems in the DOC and Juvenile Detention Center will abusive officer assaulting or sexually assaulting detainees.

Where is the federal oversight? Doesn't the federal government have a duty to have some oversight in these ongoing abuses? Aren't there policies that a criminal cannot be employed by the government?

If the CNMI government won't take the proper steps to ensure the protection of civil rights of detainees and citizens, then the federal law enforcement agencies must. These are not isolated incidents. The recent case of detention officer Tyrone Fitial who was charged with sexually assaulting three minor girls at the Juvenile Detention Center demonstrates the severity of the problem, and the urgent need for immediate action.

There is a real question as to whether or not these so called public servants are capable of maintaining law and order.  Were they properly screened before they were hired? Were they properly trained? Were they strictly evaluated and monitored?  Were those accused of violations investigated, retrained or dismissed?  It's doubtful.  Too many of the officers charged with the responsibility of protecting the public, have broken the law themselves, often in crimes that are violent in nature.

OGA Requests Reveal Waste

(January 21, 2011

Former Rep. Tina Sablan has it right in saying that in-house counsels should be handling more of the CNMI legal cases.

So far the limited and heavily redacted responses to her 18 OGA requests, reveal that hundreds of thousands of dollars have been spent by CNMI departments and agencies to retain outside counsels.  Attorneys, many former employees of the OAG, charged up to $200 an hour for their services.

Ms. Sablan was quoted by the Saipan Tribune:

“It might make sense to contract out services in cases where there are, say, conflicts of interest, or if there is a need for highly specialized knowledge that isn't easily found within the government or within the CNMI. But other than that, there is really no need for the CNMI to be paying outside counsel to handle matters that could just as easily, and more cost-effectively, be handled by in-house counsel.”

Many attorneys who have worked for the CNMI OAG, have exited to land high paying jobs representing CNMI offices in legal matters at enormous costs to the CNMI.  Ms. Sablan said:

“Assistant attorneys general, assistant public defenders, and staff attorneys in the CNMI make anywhere from $23 an hour to $38 an hour. They work full time, they work hard, and, in the cases of the assistant AGs, often serve multiple agencies,” Sablan said.

She said these government lawyers are also often overwhelmed with work, “and for the price we have been paying outside counsel throughout the CNMI, we would be able to hire dozens of excellent in-house attorneys who can share the work and give the CNMI a better, more cost-effective product.”

The Department of Public Land hired former AAG Brad Huesman as an in-house counsel in August 2010 under a $54,000 annual contract. He resigned from the OAG in April 2010.

The cash-strapped Department of Public Health penned a contract with the law offices of former AG Matt Gregory and former AAG William Sattersberg to sue Leo Daly over the malfunctioning dialysis center.  The sole-source contract that was initiated in June 2009 not to exceed $200,000 was amended twice -In April and August 2010. The amended contract raised the amount to $250,000.

(Read about other departments' legal contracts with outside attorneys in this previous post.)
_____________________

One response to the redacted OGA request documents released from the Governor's Office came from outside the Governor's Office.  Cinta Kaipat, the chief defender of the Department of Labor's "volunteer"wrote a letter to the editor defending Deanne Siemer as the savior of DOL, and justifying the funds paid to her.

The Kaipat letter attacked the Saipan Tribune for publishing a story revealing that documents obtained by Tina Sablan's OGA request showed that Siemer received 56 payments from the Governor Office. Kaipat claims the writer should know of Siemer's uncompensated status and expenditures.

What is Siemer's defender complaining about this time? In a January 17, 2011 article reporter, Haidee Eugenio accurately reported simply this:

These included disbursements to Fitial's former and current counsels Joel Bergsma, Howard Willens, Deanne Siemer, and Jenner and Block LLP, which is representing the governor in the federalization lawsuit.

Kaipat's complaint is misdirected.  She should call her uncle Ben to ask him to hand over the complete set of documents that disclose the amounts of each payment/check and the services that were provided.  Kaipat should explain why the Governor's Office and not the DOL "refunded" Siemer for her "expenses." Kaipat should also lose the "kill the messenger" mentality that is so prevalent in the CNMI.

Siemer worked under the Fitial Administration as a ghost writer, spokesperson, and puppet master for Kaipat, the DOL, and Governor Fitial.  (It wouldn't be surprising if Siemer, herself, had a hand in penning the letter to the editor.) She was also at the side of her husband, Howard Willen's each time he attacked the federal government and takeover legislation.  The dynamic duo, along with and some others who drank the Fitial Kool-Aid, assisted the governor in hiring a host of DC-connected lobbyists and attorneys where millions of dollars was spent.

The letter to the editor is filled with the typical Kaipat-Siemer spin.  The claim that a backlog of thousands of labor cases was disposed of is particularly offensive. Yes, the department administratively dealt with labor complaints, but the overwhelming result was that meaningless DOL orders were issued, or cases were prematurely closed at the expense of the complainants.  In case after sickening case, employers were found to owe their foreign contract workers back pay and other compensation. In the majority of those cases there was no enforcement of the orders and the cheating employers walked free while the victim-workers remain to this day uncompensated. Who brags about an systematic injustice like that?

While Siemer may have "volunteered" her services, two other hearing officers, Linn Asper and Herbert Soll had contracts with DOL for their legal services. I received their billing records and contracts after a October 2009 OGA request that I filled with the DOL in 2009.  Tina also received copies of their contracts and billing records as a result of her most recent OGA request according to the Saipan Tribune.  It's too bad the DOL couldn't have paid someone to followup on the orders to ensure that the employers actually paid the cheated workers.

USCIS Hosts Latest Immigration Outreach Sessions

January 20, 2011

Outreach to Cover E-2 Investor Visa and Grant of Status

SAIPAN, CNMI — U.S. Citizenship and Immigration Services (USCIS) will host public sessions to discuss the E-2 Investor Visa and Grant of Status at the the National Park Service’s American Memorial Park indoor auditorium in Garapan.

The 2- hour sessions will begin at 5 PM on January 25 and 26. Seating is available for 110 people on a first-come, first-served basis.

Please note that these public sessions are exclusively designed to discuss the CNMI-only E-2 Nonimmigrant Investor, for which the final rule was published in December 2010, and Grant of Status.

There will be no opportunity to discuss the Transitional Worker rule during these forums. Public meetings will be set up in the future when the final rule for the CNMI-Only Nonimmigrant Transitional Worker is finalized.

USCIS, an agency within the U.S. Department of Homeland Security, handles immigration benefits. More information can be found at www.uscis.gov/cnmi.


Date and Time:

Tuesday and Wednesday, January 25 and 26, 2011, 5 – 7 PM.

Location:
American Memorial Park indoor auditorium, Garapan

Topics:
CNMI-only E-2 Nonimmigrant Investor and Grant of Status

Contact:
Marie Sebrechts, marie.sebrechts@dhs.gov, 949.360.3000

NOTE:
Please provide this information to your readers, listeners and viewers. Should you want to set up an interview, please contact Marie Sebrechts, marie.sebrechts@dhs.gov, 949.360.3000.
.


– USCIS –

50th Anniversary of President Kennedy's Inauguration

January 20, 2010

"For man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life." President John F. Kennedy

Fifty years ago today on January 20, 1961, John F. Kennedy was sworn in as the 35th president. His inaugural address will be remembered as one of the most inspirational American speeches:

Vice President Johnson, Mr. Speaker, Mr. Chief Justice, President Eisenhower, Vice President Nixon, President Truman, Reverend Clergy, fellow citizens:

We observe today not a victory of party but a celebration of freedom--symbolizing an end as well as a beginning--signifying renewal as well as change. For I have sworn before you and Almighty God the same solemn oath our forbears prescribed nearly a century and three-quarters ago.

The world is very different now. For man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life. And yet the same revolutionary beliefs for which our forebears fought are still at issue around the globe--the belief that the rights of man come not from the generosity of the state but from the hand of God.

We dare not forget today that we are the heirs of that first revolution. Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a new generation of Americans--born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage--and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world.

Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.

This much we pledge--and more.

To those old allies whose cultural and spiritual origins we share, we pledge the loyalty of faithful friends. United there is little we cannot do in a host of cooperative ventures. Divided there is little we can do--for we dare not meet a powerful challenge at odds and split asunder.

To those new states whom we welcome to the ranks of the free, we pledge our word that one form of colonial control shall not have passed away merely to be replaced by a far more iron tyranny. We shall not always expect to find them supporting our view. But we shall always hope to find them strongly supporting their own freedom--and to remember that, in the past, those who foolishly sought power by riding the back of the tiger ended up inside.

To those people in the huts and villages of half the globe struggling to break the bonds of mass misery, we pledge our best efforts to help them help themselves, for whatever period is required--not because the communists may be doing it, not because we seek their votes, but because it is right. If a free society cannot help the many who are poor, it cannot save the few who are rich.

To our sister republics south of our border, we offer a special pledge--to convert our good words into good deeds--in a new alliance for progress--to assist free men and free governments in casting off the chains of poverty. But this peaceful revolution of hope cannot become the prey of hostile powers. Let all our neighbors know that we shall join with them to oppose aggression or subversion anywhere in the Americas. And let every other power know that this Hemisphere intends to remain the master of its own house.

To that world assembly of sovereign states, the United Nations, our last best hope in an age where the instruments of war have far outpaced the instruments of peace, we renew our pledge of support--to prevent it from becoming merely a forum for invective--to strengthen its shield of the new and the weak--and to enlarge the area in which its writ may run.

Finally, to those nations who would make themselves our adversary, we offer not a pledge but a request: that both sides begin anew the quest for peace, before the dark powers of destruction unleashed by science engulf all humanity in planned or accidental self-destruction.

We dare not tempt them with weakness. For only when our arms are sufficient beyond doubt can we be certain beyond doubt that they will never be employed.

But neither can two great and powerful groups of nations take comfort from our present course--both sides overburdened by the cost of modern weapons, both rightly alarmed by the steady spread of the deadly atom, yet both racing to alter that uncertain balance of terror that stays the hand of mankind's final war.

So let us begin anew--remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof. Let us never negotiate out of fear. But let us never fear to negotiate.

Let both sides explore what problems unite us instead of belaboring those problems which divide us.

Let both sides, for the first time, formulate serious and precise proposals for the inspection and control of arms--and bring the absolute power to destroy other nations under the absolute control of all nations.

Let both sides seek to invoke the wonders of science instead of its terrors. Together let us explore the stars, conquer the deserts, eradicate disease, tap the ocean depths and encourage the arts and commerce.

Let both sides unite to heed in all corners of the earth the command of Isaiah--to "undo the heavy burdens . . . (and) let the oppressed go free."

And if a beachhead of cooperation may push back the jungle of suspicion, let both sides join in creating a new endeavor, not a new balance of power, but a new world of law, where the strong are just and the weak secure and the peace preserved.

All this will not be finished in the first one hundred days. Nor will it be finished in the first one thousand days, nor in the life of this Administration, nor even perhaps in our lifetime on this planet. But let us begin.

In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty. The graves of young Americans who answered the call to service surround the globe.

Now the trumpet summons us again--not as a call to bear arms, though arms we need--not as a call to battle, though embattled we are-- but a call to bear the burden of a long twilight struggle, year in and year out, "rejoicing in hope, patient in tribulation"--a struggle against the common enemies of man: tyranny, poverty, disease and war itself.

Can we forge against these enemies a grand and global alliance, North and South, East and West, that can assure a more fruitful life for all mankind? Will you join in that historic effort?

In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility--I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it--and the glow from that fire can truly light the world.

And so, my fellow Americans: ask not what your country can do for you--ask what you can do for your country.

My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man.

Finally, whether you are citizens of America or citizens of the world, ask of us here the same high standards of strength and sacrifice which we ask of you. With a good conscience our only sure reward, with history the final judge of our deeds, let us go forth to lead the land we love, asking His blessing and His help, but knowing that here on earth God's work must truly be our own.

Unbelievably Unbelievable

January 19, 2010

For months CNMI leaders have been tossing around  ideas on how to raise revenue for the empty government coffers. Recently everything from Internet gaming, casinos, and medical marijuana have been pushed.

But why not go with the obvious? Turn the CNMI leaders' crazy, never-ending antics into a weekly soap opera/comedy series to raise funds. There's massage-gate, gun-gate, and now panty-gate. It's not likely that the material will run out any time soon, so a stream of continuing revenue from the venture would be a certainty.

Just today in a truly bizarre story in the Marianas Variety,  Felipe Atalig accused Tinian Mayor Ramon M. Dela Cruz of buying edible panties with government funds.  Atalig filed an Open Government Act request to "inspect any and all documents, Office of the Public Auditor’s report, receipts, invoices, or credit card statement pertaining to edible or other panties purchase, or bar expenses paid by Mayor of Tinian Ramon M. Dela Cruz.”

The Variety reported:

Atalig alleged that the panties were bought when Dela Cruz was a board member of MPLC using indigenous/public funds and/or government credit card.

Atalig wants to see the documents within 10 days.

“I want to know where those panties are and who are using them,” he told Variety.

It's not likely that Atalig will find out where the panties are.  Obviously, the panties are gone because someone, probably DelaCruz, ate them.

It's beyond disturbing that someone would use government funds for such a purchase. It's also odd that Altalig knew that such a purchase was made. Was he with Dela Cruz when he bought the snack?

Atalig's previous OGA request revealed that other questionable purchases were made including beer for a softball game.

Earlier it was reported that Atalig questioned the fact that the mayor hired his brother a convicted felon, for $40,000 a year.

Meanwhile, the Governor's press secretary, Angel Demapan made a few of his own head scratching statements.

Demapan stated, "The Open Government Act is a valuable tool for all citizens so it is important, too, that its true intent is preserved and protected from the possible abuse of those who have made OGA requests a…‘hobby.’ ”

A hobby? Does he mean that the government hides so much that intelligent people have to file Open Government Acts to get  information that should be accessible to the public? Is their persistence in pursuing disclosure and open government misinterpreted as a "hobby?"

Demapan also suggested that the administration sees a pressing need to "fine tune" the Open Government Act.  It would be better to "fine tune" administrative policy to make documents more accessible.

CNMI Political Games

January 17, 2010

Fitial Should Change His Ways, Not His Political Party

How stupid does CNMI Governor Benigno Fitial think federal officials and lawmakers in Washington, DC are?  The governor changed party affiliation from the Covenant Party (the very party that he founded in order to get elected governor) to the CNMI Republican Party in an attempt to have more influence in Washington, DC.  Unless somehow the memories or intelligence of all the federal officials and lawmakers are miraculously wiped out, he has no chance of gaining credibility or pushing his agenda by merely changing parties.

Regardless of political affiliation, the governor carries a massive amount of political baggage that will follow him to Washington or wherever else he travels. He needs to develop an ethical, democratic and just agenda and stop the constant fed-bashing to gain real inroads with the federal officials and lawmakers.

See KSPN2 News for more commentary.

More Coverups

Former Rep. Tina Sablan received some highly redacted documents as a result of her latest Open Government Request. The censored documents show that certain attorneys in the CNMI certainly aren't suffering from the poor economy. In fact, many are reaping in big bucks representing CNMI government departments and offices.

What is particularly disturbing is the fact that the coffers are empty, payless paydays are the norm, and calls for cuts are constant, but there seems to be an enormous amount of money to spend on attorneys, consultants and lobbyists.

The information released from the Governor's Office invites a lawsuit, mainly because it provides a lot of non-information, which is in violation of the Open Government Act.

Listings of payments made with the date, but with no dollar figures, cry for disclosure. It appears that Deanne Siemer, the infamous "volunteer" was, as many of us suspected, not a volunteer at all. Between May 2008 and December 2009 Siemer received 56 payments from the Governor's Office. The documents released to Tina Sablan did not reveal what services she provided, but we can probably fill in the blanks. Seimer and her husband, Howard Willens, who received even more payments from the Governor's Office than his wife were leading the battle against federalization.

The Governor's Office also made payments to attorney Joshua Berger; Walden Q. Beri; Valric Welch; the Washington-based law firm, Jenner and Block that represented Fitial in his anti-federalization lawsuit; and the lobbying firm of Oldaker, Biden and Belair.

It seems certain that the Governor's Office will eventually have to disclose the amounts paid for each line item and the services provided.

The following is a breakdown of payments the Governor's Office made as provided by Tina Sablan:



The documents released by Tina also revealed that the cash-strapped CNMI paid hundreds of thousands of dollars in legal fees between 2008 and 2010.  If the U.S. Congress is called the pathway to a lobbying career, then a position in the CNMI OAG must be the pathway to a lucrative attorney position in a government office.

The Commonwealth Ports Authority (CPA) hired several attorneys including Timothy Bellas, Robert T. Torres, Jose Bermudes, Ed Manibusan Law Offices, and the King Law Office. Perhaps they want to spread the wealth.

Jose Bermudes earned $70,000 as staff attorney for two years from 2009 to 2010. Still other attorneys were hired during his tenure to represent CPA.

Attorney Robert Tenorio Torres earned $150 an hour from CPA in a variety of duties including  collecting delinquent accounts.  A collection agency would charge far less than that.

Torres also earned between $120 and $150 an hour representing MPLT. MPLT also retained the King Law Office in 2009 for $150 an hour.

CUC also has maintained in-house and outside attorneys from 2004 to today. Alan Barack raked in over $200,000.  Other CUC attorneys have been or are Katherine Delafield, the Law Offices of Deborah Fisher (Fischer/Huesman), Tim Connor, Joshua Berger and James Sirok.

The following is a breakdown of the attorney's fees paid out by various CNMI government departments  as compiled by Tina Sablan:



Tina Sablan also released the contract between Attorney General Edward Buckingham and Attorney Anthony Long.  Why the CNMI is spending thousands of dollars to defend Buckingham's alleged illegal and unethical behavior begs to be explained.  Complaints concerning the AG's campaign violations related to the last election were made to the Office of the Public Auditor, and Hatch Act violations were filed with the U.S. Special Counsel's Office.

The OPA refused to make their report public.

Contract between Attorney Anthony Long and AG Buckingham:



Hopefully, through the work of Tina Sablan, attorney Mark Hanson and other concerned citizens, changes towards disclosure and open government will be made permanent.

See also this post that summarizes Tina Sablan's OGA requests.

A Day On: A Tribute to Dr. Martin Luther King, Jr.

January 17, 2010

“Life's most persistent and urgent question is, 'What are you doing for others?'”
Martin Luther King, Jr.


Today when the nation celebrates the legacy of Dr. Martin Luther King, Jr. we take time to reflect on his teachings and his great contributions to our nation in advancing civil rights.

The holiday set aside to honor him has evolved into a day of service. What will you do to serve your community on MLK Day this year?

CNMI GOP-Backed Steele Out

January 14, 2011

Last week it was announced that the three CNMI GOP delegates would back controversial GOP leader Michael Steele in his bid for re-election as the Republican National Committee chair. Hours ago Steele dropped out of the race.

Reince Priebusis, Chair of the Wisconsin Republican Party is the new RNC Chair.

Steele was criticized for his inappropriate remarks and for wasting money on trips including the one he made to the CNMI and Guam last fall. Critics accused him of traveling to campaign for his own re-election as RNC chair, rather than campaigning for Republican candidates.

Over the last few days, the CNMI made the news with some claiming Steele "bought votes" from delegates representing the territories. From the Daily Caller:

Steele has been able to woo – some would say buy – votes through showering money and attention on delegates on such far-flung delegations as those in Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands, and American Samoa. These five territories have three votes each, and were a key to Steele’s winning the chairmanship the first time in 2009.

U.S. News reported that the RNC gave $15,000 to Guam and $20,000 to the CNMI GOP parties for their November elections.  Since neither territory has voting delegates, the speculation was that he was buying votes.  What better place to shop for votes, since that has been the accepted island practice.

Access to Detention Center Denied Again

January 14, 2011

Weeks after a federal judge granted access to the Juvenile Detention Center for the Northern Marianas Protection and Advocacy Services, Inc. (NMPASI), it was reported that Department of Community and Cultural Affairs Secretary Faisao denied a special education teacher access to the facility. There have been no classes or teacher at the facility for months.

What is this guy's problem? Surely, he knows there will be another lawsuit filed against him. Isn't Faisao in violation of a court order? What is the consequence for violating a court order?

But it's not only a problem with the secretary denying access. NMPASI attorney Matt Holley reportedly notified the juvenile detention facility and Office of the Attorney General to report the problem, and just as before, his requests were ignored. Truly these people are not just incompetent, but arrogant.

The reason for denial was that the "teacher was not cleared for access." However, Attorney Holley stated that the teacher is on the list of "authorized educators."

 From the Marianas Variety:

Holley said, “A real concern at the facility is a lack of education for the detainees. After our visit, NMPASI immediately insisted that PSS provide a special education teacher for the qualified detainees.”

Although Faisao claimed that PSS is the problem, Holley said Faisao’s “actions demonstrate that his ‘efforts’ are to impede PSS thereby denying the detainees educational services.”

On Jan. 7, Holley said NMPASI was “elated” by the information that PSS sent a special education teacher to the facility “after not having one there for such a long absence.”

“This, we hoped, marked a new era of increased services at the facility with more developments to come for some of our island’s wayward children. But our elation was short-lived. A PSS teacher went to the facility the following four days and each day [the Juvenile Detention Unit] turned away the teacher,” Holley said.

...“The most troubling point here is that despite his extensive knowledge Faisao continues to impede the children under his care. The children at the facility have been denied these essential services for so long I have such a difficult time understanding why Faisao continues to stand as an obstacle, especially in light of the recent court case. Unfortunately I believe that litigation is the only alternative, yet again,” Holley said.

What are they hiding in the juvenile detention center? Where is the outrage from the parents?

Listen Up

January 13, 2011

CNMI Department of Labor officials including, Cinta Kaipat and Barry Hirshbein need to stop putting out misleading and confusing information on the status of legal foreign workers during the transition, and suggesting that the CNMI DOL still maintains control over the foreign workforce or employers of foreign workers.

A recent publication released by USCIS this month confirms (once again) what the Federal Labor Ombudsman Pamela Brown, Assistant Secretary of Interior Tony Babauta, USCIS officials and advocates have been saying - that the legal long-term CNMI workers can remain  in the CNMI for employment purposes until November 28, 2011. And no, employers do not need the approval of the CNMI Department of Labor to hire a nonresident worker who has an umbrella permit.

Starting on page 48 of the publication, Handbook for Employers: Instructions for Completing Form I-9:

Questions about the Commonwealth of the Northern Mariana Islands (CNMI) 

The following questions and answers apply to employers and employees located in the CNMI only.
57. Q. What is Form I-9 CNMI?
A. Form I-9 CNMI is a version of Form I-9 designated for use only in the CNMI by CNMI employers for their new hires on or after November 28, 2009. Form I-9 CNMI allows for the use of several types of employment authorization documentation that are unique to the CNMI, in addition to those acceptable in other parts of the United States. Form I-9 CNMI requirements apply to ALL new employees hired on or after November 28, 2009, regardless of citizenship.
58. Q. Do I need to complete Form I-9 CNMI for my current employees?
A. You only need to complete Form I-9 CNMI for employees hired on or after November 28, 2009. You should not complete Form I-9 CNMI for any employees already working for you on November 27, 2009, even if you assign them new job responsibilities within your company. 

To obtain Forms I-9 CNMI, call the USCIS Forms Request Line toll-free at (800) 870-3676 or download Forms I-9 CNMI at www.uscis.gov/files/form/i-9_cnmi.pdf For more information on federal immigration law in the CNMI, go to www.uscis.gov/CNMI.
59. Q. What documentation may be used to complete Form I-9 CNMI?
A. In addition to the acceptable documentation generally provided for Form I-9 use, the following documents may be used on or before November 27, 2011 as evidence of identity and employment authorization to satisfy Form I-9 CNMI requirements:
• An unexpired foreign passport and an Alien Entry Permit with red band issued to the individual by the CNMI Office of the Attorney General, Division of Immigration, before November 28, 2009 as long as the period of employment authorization has not yet expired;
• An unexpired foreign passport and Temporary Work Authorization Letter (including an umbrella permit as discussed further below) issued by the CNMI Department of Labor before November 28, 2009, and containing the name and photograph of the individual, as long as the period of employment authorization has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the Temporary Work Authorization Letter; or
• An unexpired foreign passport and a permanent resident card issued by the CNMI government.
60. Q. Is an umbrella permit acceptable documentation of employment authorization for Form I-9 CNMI?
A. An umbrella permit is the common name for several types of Transition Conditional permits issued by the CNMI Department of Labor (CNMI DOL) or the CNMI Department of Commerce. To be evidence of employment authorization for Form I-9 CNMI, an umbrella permit must state on its face that it authorizes employment. The CNMI government widely issued umbrella permits shortly before the November 28, 2009, transition to federal immigration law. DHS is currently aware of the following types of umbrella
permits:
• Category 240K Foreign National Worker Permit, which authorizes the permit holder to work for any private sector employer in the CNMI until November 27, 2011.
• Category 240D Immediate Relative Permit (immediate relative of U.S. citizen), which authorizes the permit holder to work for any employer in the CNMI until November 27, 2011.
• Category 240G, 240N, 240O Investment and Business Permit, which authorizes the permit holder to work for any employer in the CNMI until November 27, 2011.
• Category 240H Foreign Student, which authorizes the permit holder to work for any employer in the CNMI until November 27, 2011.
• Category 240B CNMI Government Permit, which authorizes the permit holder to work for the CNMI government until November 27, 2011.
• Category 240E Immediate Relative Permit (immediate relative of sponsoring alien), which does not provide for employment authorization and, therefore, is not an acceptable document for Form I-9 CNMI. Holders of this permit are not authorized to work in the CNMI unless they have another basis for employment authorization. 

Umbrella permits have the seal of the CNMI DOL at the upper right. The letterheads vary: CNMI DOL (for Category 240K); CNMI Department of Commerce (for categories 240G, 240N, 240O, and 240H); or CNMI Division of Immigration (for categories 240D and 240E). The umbrella permit must contain the employee’s name and photograph. Employees who present an umbrella permit for Form I-9 CNMI must also present an unexpired foreign passport. These two documents are considered List A documentation of identity and employment authorization.
61. Q. As an employer, may I demand that my new employee present his or her umbrella permit when completing Form I-9 CNMI?
A. No. The employee may present any acceptable document or document combination, as described in the Form I-9 CNMI instructions. The documents must reasonably appear on their face to be genuine and to relate to the individual. Employers who require employees to present specific Form I-9 CNMI documents may be committing an unfair immigration-related employment practice under section 274B of the INA, which may result in fines and penalties, as well as possible back pay for victims of discrimination. For more information on employment discrimination, please see Part 4.
62. Q. My employee’s umbrella permit has two dates. Which one controls the length of that employee’s employment authorization?
A. Holders of umbrella permits authorizing employment may work until November 27, 2011, even if the permit contains two dates. Umbrella permits contain a date with the legend “Next filing date to avoid revocation.” They also state that the permit is without effect after November 27, 2011. If these two dates are different, the holder of the umbrella permit is authorized to work in the CNMI until November 27, 2011. When completing Form I-9 CNMI, if an employee changes employers, the date Nov. 27, 2011 should be used as the expiration date for employment authorization in Section 1 of the form and as the document expiration date in Section 2 of the form.
63. Q. As a CNMI employer, do I need to obtain CNMI DOL approval to hire an umbrella permit holder?
A. No. Federal law does not require you to obtain CNMI DOL approval to hire an individual with an umbrella permit in the CNMI. Your new employee must fully complete Section 1 of the Form I-9 CNMI no later than the date that he or she begins work, and you must examine the employee’s documentation and complete Section 2 of the Form I-9 within three business days after the date the employee begins work.
64. Q. What should my employee do if his or her umbrella permit has been lost, stolen, or damaged?
A. DHS cannot replace an umbrella permit for that employee. That employee should contact the CNMI DOL regarding its procedures for replacement of umbrella permits that have been lost, stolen, or damaged. Under Form I-9 CNMI procedures, a receipt for an application for the replacement document is acceptable evidence of employment authorization for a period of up to 90 days. The employee must present the replacement document within that time period.

Chapter 4 of the handbook outlines unlawful discrimination in hiring practices. Hopefully, the entire staff of the CNMI Department of Labor will read this handbook and attend upcoming seminars that will be conducted by USCIS personnel so this concept can sink in.

The handbook: