2011 Trafficking in Persons Report Released

June 29, 2011

The Trafficking in Persons Report released by Secretary of State Hilary Clinton this week shows that we are moving backwards in ending slavery in the world. The report details human trafficking in 184 countries including the United States.

Secretary Clinton’s letter stated in part:
“In this decade of delivery, we must ensure that our efforts continue to address all forms of trafficking, whether for sex or labor, internal or transnational, or affecting men, women, or children. We must prevent this crime by forging partnerships that will hold source countries responsible for exploitative recruiting and ensure that destination countries employ vigorous victim identification efforts and forcefully prosecute traffickers. We must work with industry leaders so that consumers can know that the products or services they buy come from responsible sources. And we must improve the capacity of governments to protect victims and hold traffickers accountable. Countries known for well-established adherence to the rule of law cannot just rest on their laurels, but must work to deliver the justice and services that trafficking victims deserve.

This annual Report embodies the United States’ continued dedication to fighting traffickers no matter where they may be, because fighting slavery and standing up for human rights is part of our national identity. For the girls in the shelter – and for all those who have been victimized by this crime – we will remain steadfast in our efforts and truthful in our assessments. We must deliver on our promises to protect victims, punish abusers, and restore the lives of survivors so that someday they will have the opportunity to realize their God-given potential.”
As always, the U.S. Commonwealth of the Northern Mariana Islands’ abuses was highlighted in the report, which noted:
In CNMI, there were six reported human trafficking cases involving multiple victims held in clubs, restaurants and massage parlors. A trend was observed involving the cancellation of victims’ return airplane tickets upon admission, stranding them with no financial means to return and rendering them wholly dependent on their employers. During the reporting period, the Federal Labor Ombudsman identified 71 victims of trafficking or fraud in labor contracting, of whom about 20 percent were sex trafficking victims. In 2010, the NGO working on the local anti-trafficking task force assisted 36 human trafficking victims and 40 fraud in labor contracting victims; an additional 31 victims qualified for services but could not be assisted due to insufficient funds.
Such a terrible record for such a small population. The U.S. needs to pay attention to the abuses so far from Washington, DC and to enact policies that will prevent nonresident workers from being chained to their employers and the islands. Granting status to the legal, long-term nonresident workers would help to alleviate the human trafficking problem and eliminate the need for another poorly-run and under-funded federal program in the distant CNMI, including the proposed CNMI-only guest worker program. I predict that such a program will not end the problems that were so prevalent in the corrupt CNMI program, but will merely shift the responsible offending party from the CNMI to the Federal Government.

Human Smuggling Indictment Filed Yesterday in CNMI
Indeed, this week two Chinese were indicted for human smuggling. Honglian Cheng and Li Hua were charged with foreign labor contracting fraud conspiracy, three counts of importation of alien for prostitution, six counts of foreign labor contracting fraud, one count of alien smuggling conspiracy, and six counts of alien smuggling.

They brought six Chinese women to the CNMI under tourist visas with the intent of giving them jobs as prostitutes. The pair promised a work visa after arrival, guaranteed employment and an income of $800 or more a month.

The indictment states that they "Communicated with a CNMI resident over the Internet to arrange transportation and housing for the illegals and themselves. Like all illegal recruiters they took money from the victims as the indictment states:
"In order to come to the CNMI, and in addition to their airfare, Lifei Bian, Chunping Li, and Shoujun Yin paid $4,600.00 USD each, Cuilan Mapaid 30,000 in Chinese renminbi (RMB), and Zhipeng Ren and Zhongjun Yu paid 95,000 RMB each. Some or all of these fees were received by or paid to defendants CHENG and HUA."
The 8 Chinese looked for work on Saipan  -some in a Karaoke bar and some as farmers.

The indictment states:
"Prior to coming to the CNMI on May 30, 2011, defendant HUA and Lifei Bian, Chunping Li, and Shoujun Yin worked in Bahrain as prostitutes. Defendant HUA and Lifei Bian, Chunping Li, and Shoujun Yin eventually left Bahrain for the People’s Republic of China and began seeking employment elsewhere...

...From on or about May 12, 20 11 , to on or about May 27, 2011, defendant CHENG
made arrangements with a resident in the CNMI over the QQ network to find karaoke bars in the CNMI where Lifei Bian, Chunping Li, and Shoujun Yin could work as prostitutes. 
On May 30, 2011, defendants CHENG and HUA and Lifei Bian, Chunping Li, Cuilan
Ma, and Shoujun Yin went to a karaoke bar in the village of Susupe looking for work and inquired whether prostitutes worked at the karaoke bar. 
All in violation of Title 18, United States Code, Section 37 1."
This is exactly the reason why so many opposed the Chinese and Russian visa waivers.

Another question that the indictment raises is who is the "CNMI resident" noted in the indictment that the defendants were communicating with and what karaoke bar was involved in the scheme.

Read the indictment:

Senate Hearing on the DREAM Act

June 28, 2011


Photo by W. L. Doromal, DREAM Act rally, Orlando ©2010

A historic hearing was held today at the U.S. Senate. The first ever hearing on the DREAM Act featured testimony in support of the legislation from President Obama's Administration including DHS Secretary Janet Napolitano, Education Secretary Arne Duncan and Pentagon Undersecretary for Personnel and Readiness Clifford Stanley. The President has made it clear that he supports the DREAM Act, which will provide a pathway to citizenship for thousands of undocumented aliens who were brought to the country by their migrant worker parents when they were children.

Under the legislation nonresidents could get legal status if:
They came to the United States when they were 15 or younger and have had a continuous presence in the states for at least five years;
They have good moral character;
They graduated from high school or obtained a GED;
They completed two years of college or military service in good standing.

The hearing room was packed with about 250 DREAMers who face deportation unless the legislation is passed. Among them was Pulitzer Prize winning journalist, Filipino Jose Vargas who recently revealed that he was an undocumented alien. An overflow room held even more young people, some wearing graduation caps.

Senator Durbin (D-Illinois) stated:
'When I look around this room, I see America's future - our doctors, our teachers, our nurses, our engineers, our scientists, our soldiers, our congressmen, our senators and maybe our president. I ask my colleagues to consider the plight of these young people who find themselves in a legal twilight zone through no fault of their own. They are willing to serve the country they love. All they are asking for is a chance."
Senator Durbin told the young people in the hearing not to give up hope.

DHS Secretary Napolitano stated:
"The Dream Act supports these important priorities, because only young people who are poised to contribute to our country and have met strict requirements regarding moral character and criminal history would be eligible. These individuals do not pose a risk to public safety. They do not pose a risk to national security,"
DOE Secretary Duncan stated:
“They have deep roots here and are loyal to our country because in any event, this is the only home they have ever known.”

"I have seen numbers that show that of all the start-up companies that are coming out of Silicon Valley, about a fourth are started by immigrants. We need that talent. We need them to drive our country forward. They can be the fuel for our economic engine,"

GOP members at the hearing brought up a June 17, 2011 prosecutorial discretion memo from ICE that illustrates that the Obama Administration is committed to fair and considerate treatment of undocumented aliens who are not criminals or those who pose a risk to national security.

The memo allows liberal discretion:
Factors to Consider When Exercising Prosecutorial Discretion
When weighing whether an exercise of prosecutorial discretion may be warranted for a given alien, ICE officers, agents,and attorneys should consider all relevant factors, including, but not limited to:
• the agency's civil immigration enforcement priorities;
• the person's length of presence in the United States, with particular consideration given to presence while in lawful status;
• the circumstances of the person's arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child;
• the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States;
• whether the person, or the person's immediate relative, has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
• the person's criminal history, including arrests, prior convictions, or outstanding arrest
warrants;
• the person's immigration history, including any prior removal, outstanding order of removal, prior denial of status, or evidence of fraud;
• whether the person poses a national security or public safety concern;
• the person's ties and contributions to the community, including family relationships;
• the person's ties to the home country and condition in the country;
• the person's age, with particular consideration given to minors and the elderly;
• whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
• whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;
• whether the person or the person's spouse is pregnant or nursing;
• whether the person or the person's spouse suffers from severe mental or physical illness;
• whether the person's nationality renders removal unlikely;
• Whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative of a U.S. citizen or permanent resident;
• whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; and
• whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department of Justice, the Department of Labor, or National Labor Relations Board, among others.

This list is not exhaustive and no one factor is determinative. ICE officers, agents, and attorneys should always consider prosecutorial discretion on a case-by-case basis. The decisions should be based on the totality of the circumstances, with the goal of conforming to ICE's enforcement priorities.
Read the entire memo:



If the Obama Administration recognizes the rights of the undocumented aliens, what more for the LEGAL, LONG-TERM NONRESIDENTS OF THE CNMI!

Offensive Comments

June 27, 2011

Tinian Dynasty ©2008 W. L. Doromal













Regarding the Tinian Dynasty Hotel and Casino's inability to pay taxes including back taxes in totaling over $30 million, the Governor's Office and CNMI Rep. Ramon Basa issued some rather questionable statements.

Press Secretary Angel Demapan appeared to excuse the violation of nonpayment of taxes saying, “While the administration is cognizant that such an enormous debt can help solve our current cash-flow problems, we also recognize the fact that you can’t squeeze blood from a turnip."

He added, “It’s no  myth that we are experiencing challenging times, thus, the administration seeks to explore innovative ways to assist businesses in meeting its obligations to the government.”

I have to wonder why this administration doesn't explore innovative ways to assist businesses in obligations to its employees' payroll. This administration knows that this irresponsible business has consistently failed to pay its foreign workers regularly and for each hour that they have worked. In fact, the Tinian Dynasty owed its nonresident workers weeks of pay.  Both the CNMI and U.S. government agencies have been informed of this criminal violation for months, if not years, and yet no action has been taken.  It is time to prosecute these employers and recover the money that they owe to the workers.

Rep. Ramon Basa (Covenant-Saipan) stated, “The government tries to promote a business-friendly environment, so that if businesses are struggling, we do our best to help.”

 How about promoting a worker-friendly environment? No wonder the CNMI continues to have blatant labor abuses. These government officials appear to exclude the rights of the workers from the equation.

CNMI Americorps Program Misused Federal Funds

June 26, 2011

Another misuse of U.S. taxpayers funds in a CNMI program has been exposed. The U.S. Office of Inspector General reports that there was a misuse of Americorps funds by the CNMI Public School System.  The Americorps Program falls under the Corporation for National and Community Service along with the Retired Senior Volunteer Program (RSVP),  and the now defunded Learn and Serve Program.

The OIG states that $68,288 in federal costs and $13,678 in Educational Awards are being questioned.

The 48-page report outlines the violations:
1. CNMI claimed unallowable and unsupported costs.
2. CNMI did not comply with AmeriCorps requirements for criminal history checks and National Sex Offender Public Registry (NSOPR) searches.
3. CNMI did not follow AmeriCorps requirements for compelling personal circumstances.
4. CNMI did not accurately record all timesheet hours, did not have procedures to verify member activities and timesheet accuracy, and, in some instances, timesheets did not support member eligibility for education awards.
5. CNMI did not comply with AmeriCorps citizenship eligibility requirements.
6. CNMI could not demonstrate that some members received performance evaluations, and all end-of-term evaluations did not meet AmeriCorps requirements.
7. CNMI did not complete all member enrollment and exit forms and approve them in the Corporation’s reporting systems in accordance with AmeriCorps requirements.
8. CNMI did not follow AmeriCorps requirements for pre-service orientation training, training and fundraising hours, member agreement, record retention, annual progress report submittal, and member Federal Insurance Contributions Act (FICA) withholding taxes.
9. CNMI could not support all site supervisor labor costs, and site supervisors did not sign their timesheets.
Travel violations included:
CNMI claimed unallocable costs against Award No. 06TTHMP001, as follows:  It claimed $11,770 of airfare and per diem for trips taken in October 2009:
 $6,198 ($2,638 in per diem and $3,560 in airfare), the full amount of the CNMI AmeriCorps Program Director’s trip to Denver and Washington, DC. 
 $3,560 in airfare, the full amount of the CNMI Federal Grants Officer’s airfare to Denver, Washington, DC, and Honolulu. 
$2,012 of per diem, a portion of the Assistant Superintendent for Curriculum and Instruction’s trip to Denver, Washington, DC, and Honolulu. 
These expenses were not allocable to the AmeriCorps award because the only portion of the trip that was AmeriCorps-related was a half-day meeting with the Corporation’s program officer. The program officer was unaware that these costs were charged to the grant. In addition, this trip was not included in the approved grant budget. The approved budget only included travel to Corporation-sponsored conferences and events. 
The Washington, DC, trip purpose was to meet with program officers at the U.S. Departments of Education and Interior, and the CNMI Congressional delegate. The Denver trip purpose was to meet with an organization about its growth model and peer review process. The Honolulu trip purpose was to meet with a private organization on a variety of education issues.

CNMI also claimed $3,229 of travel expenses for a Board of Education representative who attended the National Service Learning Conference in Nashville. According to the organization chart provided by CNMI, this person was not directly involved in the administration of the AmeriCorps program and was not identified in the budget. We questioned $3,229.

CNMI also claimed an additional $1,537 of costs related to this trip, but did not provide supporting documentation.
The Assistant Superintendent for Curriculum and Instruction who took the trip to meet with DOE and DOI officials was Jackie Quituqua. She is the wife of Justo Quituqua, who received a generous federal contract from PSS in July 2010. Others taking the Washington, DC trip included PSS Commissioner Rita Sablan, Tim Thornburg, and Christine T. Masga.

I know that Tanya King was the Board of Education member who attended the Nashville Conference.  I was there with another teacher and four students, as we were workshop presenters at this national service-learning conference. I was surprised to see quite a large delegation from the CNMI, considering the expense of the registration and the cost to attend from such a distance. In fact, I took a photo of Tanya King! (below)

Tanya King at the National Service Learning
Conference in Nashville, TN
© March 2009 W. L. Doromal
In response to inquiries during the audit, the CNMI claimed that records were destroyed, as deatiled in Exhibit B of the OIG report:
"Documents supporting the $31,435 of unsupported other costs, $1,909 of unsupported other costs, and $2,940 of unsupported labor costs are not available. It stated that the files supporting these costs were transferred to another building for storage but the building was demolished and all contents stored in the building were destroyed. It asked the Corporation to allow these costs because the costs were legitimate program expenses incurred to conduct program activities."
The old my dog ate the homework excuse? The response from the auditors indicate that the excuse did not fly. They responded:
"CNMI did not mention the destroyed building and records during planning, on-site fieldwork, and the exit conference. Further, CNMI did not provide documentation to support its statement that these records and the building the records were stored in were destroyed. We recommend that the Corporation disallow and seek to recover $36,284 ($34,375 from Award No. 06TTHMP001 and $1,909 from Award No. 09TTHMP001) of these costs and any related administrative costs from CNMI."
I am a coordinator of a Service Learning Academy that has 13 teachers and about 480 high school students who perform over 36,000 of service learning hours each school year. Several years ago I wrote and was awarded an Americorps grant. Our program enlisted an Americorp member  to work on service-learning projects in district schools and throughout the community.  Over a two-year span, I had two different Americorps Vistas – one was a retired woman, and another was a UCF graduate.  Americorps Vistas are like domestic Peace Corps workers. They receive a meager monthly stipend and during their year of service, they earn an education award that can be used for  their college tuition or to repay student loans.

Americorps' paperwork and record-keeping is extensive and requires meticulous and detailed reporting. During the years that I oversaw an Americorps Vista, a major portion of my time as coordinator was allocated to record keeping and reporting on grants.  I was only a site supervisor overseeing one Vista member under a state-run program, so I can imagine that record-keeping and reporting for the PSS Program, which received over $1.4 million from the CNCS would be a full-time job. According to archived newspaper articles, Geri Willis  and Christine Masga have served as directors for the PSS Americorps Program. Yet a letter to the auditor contained in the OIG report was signed by Debra M. Diaz as Program Director of the CNMI Americorps.

The Americorps Vista members in Florida who I know are mostly young college graduates who work with migrant farm workers and their children, minister to the homeless, or work in schools with the service learning, tutoring or mentoring programs. In the CNMI it appears that many of the volunteer Vistas are high school age and  are used as reading tutors and in service learning projects. (The qualifications for CNMI Vistas are listed in this Saipan Tribune article.)

Americorps is a great program that provides positive benefits for both the servers and recipients. Hopefully, the CNMI can get its act together to professionally execute the grant and program, maintain accurate records that meet federal requirements, and provide accurate and timely reports to the funders.

The Story About Jose Antonio Vargas Puts a Face on the U.S. Immigration Problem

June 25, 2011

Jose Antonio Vargas is a Pulitzer Prize winning journalist who has written for The Washington Post, The Huffington Post and The San Francisco Chronicle.

He came out of the closet twice. Once in high school when he admitted he was gay, and this week when he wrote a story for The New York Times Magazine, "My Life as an Undocumented Immigrant". Jose Vargas is an illegal alien.

Vargas left the Philippines when he was 12. His mother wanted him to have a better life so she put him on a plane to California to live with his grandparents who were naturalized United States citizens.

Like most undocumented aliens, Vargas did not know he was in the U.S. illegally until he tried to get a learning permit for a driver's license when he was 16.  The woman at the DMV looked at the fake green card that his lolo had given him and told him it wasn't valid. She warned him him not to show it to anyone.

After the incident, he confronted his grandfather and learned the truth.

The majority of the undocumented children attend school and interact with friends like any other child until the day when they are slapped in the face with the reality that they are undocumented.

In his heartfelt story Vargas writes:
I decided then that I could never give anyone reason to doubt I was an American. I convinced myself that if I worked enough, if I achieved enough, I would be rewarded with citizenship. I felt I could earn it.
I wonder how many undocumented children have mouthed those same words. As I reflect on the undocumented students that I have the privilege of teaching or have had the opportunity to meet, I realize that most exemplify and exceed the definition of a good American.  They are hard working, incredibly pure-hearted and focused on academic and lifetime success. Whether they work in the fields alongside their parents or move on to college and careers, they demonstrate patriotism, volunteer in their schools and communities, and are dedicated to the idea that they have something valuable to contribute to society.

The undocumented alien children are Americans in every sense except for legal documnentation. They are here through no fault of their own. They grew up in the U.S. and know no other home. If nothing else, the story of Vargas should open many eyes and push for the D.R.E.A.M. Act's passage and movement on comprehensive immigration reform.

Perhaps I should clarify.  When I say open many eyes, I mean open the eyes of the American people. We cannot expect to open the eyes of the members of the U.S. Congress right now. The majority of the members are blinded by their own self-serving agendas and focused only on partisan, irresponsible game playing. Since the majority of the members vote primarily to ensure their own re-election rather than to advance our country's or citizens' needs, as citizens we need to push this issue to the forefront and let these members know that they will be booted from office unless they act upon this and other important issues.

Jose Vargas has a blog called Define American, which is intended to move the conversation about immigration reform forward. I suggest that you visit it and become part of the conversation!

U.S. Senators Reintroduce Immigration Bill

June 23, 2011

Photobucket
Photo by W. L. Doromal ©2010
At least some members of the U.S. Congress are trying to move our nation forward on immigration issues. (And all they can do is try because our Congress has become a game for partisan obstructionists who care more about their re-elections than about the American people and our country.)

Senator Robert Menendez (D-NJ) was joined by six Senators in re-introducing an immigration reform bill, The Comprehensive Immigration Reform Act of 2011. The bill was co-sponsored By Senators Harry Reid (D-NV), John Kerry (D-MASS), Kristin Gillibrand (D-NY), Dick Durbin (D-IL) and Chuck Schumer (D-NY). It is a harsher form of previous immigration bills  that primarily addresses illegal immigrants and border security.

From a press release by Senator Menendez:
The bill includes measures to strengthen border security, enhance worksite enforcement of immigration laws, and requirements that the estimated 11 million undocumented immigrants present in the U.S. register with the government, pay their taxes, learn English, pay a fine, pass a background check, and wait in line for permanent residence.

“This legislation signals to the American people that we are serious about fixing our broken immigration system,” said Menendez. “We stand for a complete solution - a real solution - to end undocumented immigration and restore the rule of law. This is common-sense legislation that addresses the realities of the situation, stops the flow across our borders, and contributes to our economic recovery. If we can put political grandstanding aside and come together on a comprehensive, pragmatic bill like this one, we can bring resolution to a great national need.”

“Effective reform of our immigration system will only come about as the result of a good-faith bipartisan effort, and this legislation is a very strong starting point for that process,” said Senator Leahy. “But one thing we should all support is a civil debate about how best to update our immigration laws to curb the tide of illegal immigration, continue to strengthen our borders, and create a system that works best for America.”

“Today we are living with a broken immigration system that weakens our national security, hurts our workers, and falls short of the most basic standard of justice,” Durbin said. “To fix this system, we need a comprehensive approach that is tough, fair, and practical. Senator Menendez has drafted a good bill and I’m proud to support it.”

“Our immigration system is broken and the status quo is unacceptable,” said Senator Gillibrand. “We need to right-size the system by uniting families while upholding America’s security and the rule of law. I am committed to working with my colleagues in passing a comprehensive immigration reform bill that improves border security while treating immigrants fairly, providing a path to hard earned citizenship, and allowing our youth a chance at the American dream.”
What is missing from this bill is a provision to provide permanent residency for the CNMI LEGAL, long-term non-resident workers.  We need to educate the members of the U.S. Congress so they will act on status for the LEGAL, long-term, nonresident workers of the CNMI or they will never achieve justice, or be given full political and social rights that they have more earned many times over.

GAO Releases Minimum Wage Report on CNMI and American Samoa

June 23, 2011

The Government Accountability Office (GAO) released a report today on the effect of the minimum wage increases in the CNMI and American Samoa. Both territories have taken deep hits as a result of the world-wide economic crisis. The comprehensive 142-page report entitled, AMERICAN SAMOA AND COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS: Employment, Earnings, and Status of Key Industries Since Minimum Wage Increases Began, details statistics and facts based on interviews with both employers and workers.

The report states that as minimum wages increased employers cut back their employee's overtime hours, reduced regular working hours, reduced benefits, laid off workers, and froze hiring.

GAO quoted workers' comments from discussion groups that revealed mixed feelings about the minimum wage increases. Of course the increase is needed to improve quality of life, but employers reacted by cutting hours and benefits:
Workers participating in our CNMI discussion groups expressed mixed views regarding the minimum wage increases and said they would like pay increases but were concerned about losing jobs and work hours. Workers in the tourism industry generally expressed greater concern about the minimum wage increases than other workers and unemployed workers.
• Price increases. Participants said they wanted to receive minimum wage increases to help them meet rising prices, including for utilities such as power and water and for food and other consumer goods. However, they said the minimum wage increases had not kept pace with changes in the price of goods, and some said the minimum wage increases had not made a difference.
• Job insecurity. Workers were concerned about the impact of the wage increases on their ability to find and retain jobs, which was already difficult. They said they had observed that while some workers received pay increases, others lost their jobs or work hours. Several said they would rather keep their jobs and work hours and stay at the current wage. They also said that many people were leaving the CNMI to find work.
• Poverty and crime. Some said that with or without the minimum wage, people in the CNMI were suffering from poverty. People who have lost jobs or had their hours reduced rely on food stamps and other benefits, though some said they would like to find jobs rather than relying on benefits. One said he planned to find and sell cans from the street to generate income. Participants also expressed concern about rising crime rates resulting from decreased employment, and several said they had been victims of theft.
• Immigration. Participants said that both workers and employers were worried about the transition to U.S. immigration law, including increased immigration fees and the status of foreign workers.
What the report did not reveal was that unscrupulous employers have STOPPED PAYING THEIR WORKERS the wages that they are owed! The Tinian Dynasty and Rota Hotel and Casino are two major employers that owe their workers weeks, even months of back pay. The Tinian Dynasty employees report that they have been told that they "will be paid  if they leave." (Don't believe them!)

Today the Marianas Variety reported that the Tinian Dynasty Hotel owes the CNMI government $30 million in back taxes.

The U.S. Department of Labor has reportedly been investigating this hotel and casino since last year. How long does it take to figure out that these crooks have stolen hundreds of thousands of dollars in wages from their nonresident workers? When will the U.S. Department of Labor and/or U.S. Department of Justice actually act on this blatant violation? After the workers are starving?

The Rota and Tinian nurses represent another case where nonresident workers have worked for months without being paid while CNMI and U.S. officials have done nothing to solve the problem.

CNMI employers have been getting away with not paying their nonresident workers because they know that most nonresidents are willing to stay employed under terrible working conditions, and in spite of the fact that they are not being paid for all the hours they work because they are waiting to see if the U.S. grants them status. Cheating employers know that the CNMI and U.S. governments seldom hold criminal employers accountable, and even less often prosecute them. (Unlike if an employee stole from their employer.)

I would love to see  GAO complete a report on:
How much money CNMI employers have stolen from nonresident workers in nonpayment of wages, illegal deductions and contract violations since the CNMI guest worker program started up until the present day;
How much money was recovered by the nonresident workers-victims and how much is still owed;
How many thief-employers have actually been prosecuted and how many have walked;
Recommendations to stop the wage theft of nonresident workers in the CNMI, and an estimate for fair reparations for the cheated nonresident workers.

Hearing on H.R. 1466 scheduled for July 14th

June 22, 2011

Photobucket
Photo by W. L. Doromal ©2010
The House Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs will conduct a hearing on H.R. 1466, a bill that addresses status for only select and limited categories of LEGAL, long-term nonresident workers.  It also would not only disenfranchise the select long-term, LEGAL nonresident workers, but chain those who elect to stay (or have no homeland to return to) to the CNMI.  Other legal, long-term nonresident workers such as those not married to a U.S. citizen or are not the parents of a U.S. citizen child are totally excluded from the bill!

Astonishingly, some pro-immigration rights leaders who are members of the Hispanic and Asian Pacific Caucuses have co-sponsored this un-democratic and apartheid-type legislation that will only prolong the agony of many of the nonresident workers and perpetuate abuses by denying of them of movement, political and social rights, and a voice.  Letters to the editor of major newspapers in the co-sponsors states will be released before the hearing.

One co-sponsor of H.R. 1466 is Congressman Luis Gutierrez, who is known as a champion for immigrants. This week he announced that Latinos should not vote for President Obama in 2012 if he doesn't move to stop deportations.  How can this Congressman, known and respected as an advocate for immigrant rights, continually support illegal immigrants' rights, yet turn his back on the well-earned rights of the LEGAL, long-term nonresidents of the CNMI by co-sponsoring a dangerous and inferior piece of legislation? Gutierrez is touring the country under the banner, "Change Takes Courage" –a wonderful sentiment that those who support this racially and poltically-motivated bill should consider.

The hearing will be held on July 14, 2011. I will attend the hearing, and I am preparing written testimony.

I invite all concerned legal, non-resident workers and their supporters to express their concerns with the bill, make suggestions for what a fair and just status bill should look like and relate their individual circumstances.  Previous petitions and letters requesting green cards and a pathway to U.S. citizenship for the legal long-term nonresident workers who have resided in the CNMI for five or more years will be attached to my testimony. Human rights and pro-immigration groups will also be asked to submit written testimony.

Justice for the LEGAL, long-term nonresident workers is long overdue. The United States Congress has failed to address the wage theft and other routine abuses that have occurred for three decades and continue today! Appropriate legislation that reflects American principles is the only legislation that should be introduced.

Senate to Investigate Election-Gate and Vendetta-Gate?

June 21, 2011

Kudos to the CNMI Senate. KSPN2 and the Saipan Tribune reported that the CNMI Senate will conduct a meeting to discuss the OPA investigation of the alleged improprieties of AG Buckingham.  Like some other CNMI officials, Buckingham hosted a campaign event at the governor's house for Covenant candidate Joe Camacho.

KSPN reports:
The findings of the investigation were released only to the governor and Buckingham. The governor has said he does not agree with the public auditor's findings. Now some lawmakers are looking in to the possible need to change the law, so that the attorney general takes responsibility if he is found to have broken the law, even if the governor refuses to take action.

The Saipan Tribune reports that the lawmakers are considering amending the current law so that the Offoce of the Public Auditor would be forced to release the investigative report that found AG Buckingham had violated election law. (Read the story here.)

While it appears that under existing law the Public Auditor cannot release the report, it always appears that the Governor's Office and OAG can release it. It is clear that the AG and Governor do not want the report released since it reportedly found the AG had violated ethics policies and/or the law.

This AG needs to be held accountable for breaking any election laws, including using government computers and time to plan the campaign event, which is a violation of the Hatch Act. (See the Election-Gate posts.) Amending the existing law  to allow publication of all reports would be a good move.

Vendetta-Gate: Incredible Statements!

June 20, 2011

I guess some people really don't care about ethics, their reputations, or looking foolish. Such appears to be the case as evidenced by actions and statements from CNMI AG Buckingham and Governor Fitial in the most recent CNMI scandal, Vendetta-Gate.

AG Buckingham is suing the Office of the Public Auditor, another government department.  It looks like he is suing just because he can, and it sure appears to be retaliation or a vendetta. In normal circumstances most government officials within the same administration would sit down and discuss conflicts, especially because the parties are both appointees of the governor. Still nothing in this administration is normal. The governor has even had public disagreements with his own lieutenant governor!

Today Buckingham makes some head-scratching statements that only make him look worse, if that is possible.  He claims that Attorney Pryzuski, who was hired by Public Auditor Pai to investigate Buckingham's alleged illegalities during the last election was not living in Saipan at the time of his contract with thee OPA, and is therefore not a member of the CNMI Bar.  The CNMI Bar website lists Pryzuski and many other attorneys who do not reside in the CNMI as members of the CNMI Bar.

What's the problem? Is there a law that states that attorneys have to live in the CNMI if they represent government offices? This can't be.  Jenner and Block attorneys that represented the governor in his anti-federalization lawsuit are based in Washington, DC.   Volunteer attorneys Siemer and Willens listed their address as Washington, DC also. Additionally, some other consultants and attorneys hired by the Governor's Office who have also been paid from CNMI coffers were located off-island in California and Washington state.  So why the lawsuit, if it is not retaliation?

Again the Saipan Tribune quoted Buckingham as saying that he filed the lawsuit because he didn't want to see a waste of public funds. This guy used almost $13,000 in public funds to hire a private attorney to defend himself against ethic and legal charges in Election-Gate. What a hypocritical, disingenuous and hardly believable remark!

Good for Auditor Pai for standing up to the Administration bullies!  The Marianas Variety quoted the auditor:
Public Auditor Michael Pai informed Attorney General Edward T. Buckingham that the Office of the Public Auditor, “as an independent agency, is statutorily designed to withstand outside attempts at undermining its lawful efforts.”

In furtherance of OPA’s independence, Pai said he is “solely and specifically authorized to enter into employment contracts as he or she deems necessary.”
The source of funds to pay the services for OPA attorneys Brian McMahon and Joseph Przyuski  “is held in a special account separate from the general fund to prevent any attempt to compromise or interfere with the activities of OPA by threats to its funding,” Pai said in response to Buckingham’s April 6, 2011 memorandum.

Pai said Buckingham’s memorandum “does not identify the legal vehicle to be utilized should you undertake further action; or, specifically identify the legal issues created by these contracts.”

According to Pai, OPA is “an independent agency, statutorily mandated to audit and investigate all other government agencies and departments.”

To protect OPA’s independent nature, Pai said the public auditor is “removable only ‘for cause’ and thus is protected from political removal for mere honest and aggressive performance of official duties.”

“You appear to take issue with this,” Pai told Buckingham, referring to Przyuski’s contract.

Pai said he has the “authority to change an employee’s duty stations if he finds such reassignment to be in the best interest of government.”
The auditor also discussed the fact that because Attorney Pryzuski no longer resided in the CNMI when he contract with the OPA was extended, he no longer  received a housing stipend.  He also received a low hourly rate for his services.  Could it be any clearer? Sure looks like a vendetta! And with the frivolous lawsuit the AG has filed against the OPA it also looks like it's the OAG that is wasting public funds.

Auditor Pai also made a statement to KSPN2 News on June 20, 2011. He said, "This complaint is the latest of what appears to be a series of attempts by the AG to disrupt OPA’s access to legal counsel and to challenge its autonomy.”

This AG needs to concentrate on the real problems in the CNMI - crime, corruption, drug rings, abuse of innocent foreign workers. Or maybe he could spend some time brushing up on the laws as related to the OPA, and the Hatch Act.

Vendetta-Gate

June 19, 2011

A Saipan Tribune story reports that, as suspected,  an OPA report concluded that AG Buckingham violated the law in his underhanded and unethical election scandal activities last year.  (See Election Gate posts for the whole story.) From the Tribune:
The governor, in an interview on Friday night, said OPA's report on the investigation it conducted on Buckingham's presence at the gathering indicated that Buckingham violated the law.

But Fitial said Buckingham did not violate any law.

The governor said he need not release the OPA report, released in December.

“Buckingham did not violate any law. The report says that he violated. So I proved that he did not violate,” Fitial said.

When asked by Saipan Tribune how the governor arrived at the conclusion that the AG did not violate any law, the governor responded: “Because there's no law barring what Buckingham did.”

This, he said, was contained in his response to the OPA report.

He said OPA responded back.

“Very, very disrespectful,” Fitial said, when asked about OPA's response.
I suppose many would think that an Attorney General violating election law is "disrespectful" and a breach of public trust.

Of course, the corrupt Fitial Administration refuses to release the OPA report! But that was not enough for this vindictive administration –the OAG filed what appears to be a frivolous lawsuit against the OPA. Most administrations would settle differences between their own departments out of a court of law, especially since both the Attorney General and the Public Auditor are the Governor's appointees. Not this one, which should go down in history as one of the most mind-boggling, corrupt, and ineffective administrations to exist anywhere on U.S. soil.

The governor and his AG may want to note that elected officials can cover-up, skirt the law and lie to the people only so long until they will be exposed and forced to face the consequences.

Who do you believe? The Public Auditor or the Governor, who appears to have been involved in AG Buckingham's alleged violations? I pick Public Auditor Pai. In fact, I am calling the U.S. Office of the Special Counsel tomorrow and forwarding the recent news stories and suggesting that they request a copy of the report conducted by the Public Auditor and any correspondence between Fitial and that office. If you would also like to pursue this issue and see justice, please contact the OSC regarding the suspected Hatch Act violations and retaliation against the OPA. You may go to this link: Hatch Act Complaint form.

June 18, 2011

Happy Father's Day!

What's Not Good for Tourism

June 16, 2011

Photo by EPS
CNMI Rep. Joseph Palacios thinks underwear hanging from balconies is not good for tourism.  He was quoted by the Marianas Variety as saying:
"The commonwealth is trying to save its only industry, tourism, so everybody should be mindful of how their immediate surroundings would appear to visitors."
Perhaps there are other more pressing reasons that tourists are avoiding the CNMI:

What's not good for tourism:
  • Human rights abuses: Tourists don't like to travel to or spend dollars in places where the government ignores human rights;
  • Two-tiered societies where half the population is kept permanently disenfranchised and denied of social and political rights; People of conscience don't like to vacation in places where equal rights and democratic principles are not in existence;
  • Not paying hotel workers: People do not like to check into hotels where the employees are not being paid and are not being treated well;
  • High crime rates: Tourists, especially those traveling with their families, don't like to vacation in places where they could become victims of robberies or other crimes;
  • High drug use: People don't like to vacation in places where there are drug users;
  • Run down and vacant, rotting buildings: Tourists don't like to vacation in places with boarded up buildings, overgrown lots and rats running around;
  • Prostitution: People, especially those with families, do not like to vacation in places where prostitutes hang out in front of sleazy nightclubs and stand on street corners to lure customers;
  • Abandoned and rusting cars, appliances and garbage: vacationers are turned off by nasty-looking surroundings;
  • Government corruption: People don't feel secure vacationing in places where laws are not enforced and government corrupt is widespread.
Add your own to the list...

CNMI-only Transitional Worker Regulations Proceeding

June 17, 2011

Photo by W. L. Doromal ©2011

















The draft copy of the CNMI-only transitional worker regulations has been sent to the White House Office of Management and Budget for review. This represents the last stop before the regulations are released to the public.

I would guess that the regulations will be out no later than next month or maybe even this month.

What a long process, and truly an unnecessary one. If the CNRA had contained a provision for U.S. status for the legal, nonresident workers who have lived and worked in the CNMI for five or more years, any CNMI-only program would have been minor because the needed workforce would have been provided. Imagine the savings in costs to the federal tax payers if status had been provided. This will remain the major flaw of the CNRA, which must be corrected.

It will be expensive to run the guest worker program in the CNMI, but there are other problems. Getting qualified federal workers and foreign workers who want to work and stay in the CNMI won't be easy either. The CNMI is suffering under an extremely high crime rate, a depressed economy, a corrupt, dictatorial-style government, and an exodus of locals to "greener pastures".  Other deterrents are the racisim, the anti-federal sentiment, and the "indigenous rules" attitude that many residents and officials display like peacocks fanning their feathers. Not exactly the ideal destination for federal officials or foreign workers.

A successful federal nonresident worker program will also take education and coordination between departments and agencies. Even at this early stage we have witnessed the lack of coordination between DHS, USCIS and ICE, as law and policy has been interpreted in a variety of ways, resulting in harm and confusion.

Retaliation?

June 16, 2011

CNMI Attorney General Edward Buckingham is suing the Office of the Public Auditor for hiring two attorneys, claiming that Secretary Michael Pai did not follow procurement procedures. The lawsuit filed in the CNMI Superior Court alleges that the auditor bypassed the Procurement Director, the Attorney General and the Governor making the contracts of attorneys Brian McMahon and Joseph Pryzyuski invalid.

According to the Saipan Tribune:
...Pai signed on Dec. 2, 2008 a sole source independent contract agreement with CNMI attorney McMahon for part-time legal services to be provided to OPA for a period of one year.

He said the contract provides for payment based on attorney billings at $125 per hour for legal services, not to exceed $40,000 in total, for a term commencing Dec. 2, 2008 and terminating Nov. 30, 2009.

Pai allegedly signed on Nov. 12, 2010 a change order no. 2 purporting to extend OPA's sole source contract with McMahon for one year.

Buckingham signed the change order no. 2 on Jan. 7, 2011 and forwarded the procurement documents to the governor's office for final review.

Hazlip said subsequent to Buckingham's approval of the change order for OPA's contract with McMahon, the Office of the Attorney General learned that OPA previously had executed an employment contract in November 2010 to hire Przyuski as part-time legal counsel for OPA.

Hazlip said the Przyuski contract was never submitted to the OAG for review and instead another OPA attorney, Nancy Gottfried, approved the contract on Nov. 15, 2010.

The contract is for a period of employment commencing Nov. 22, 2010 and continuing until Nov. 21, 2011.
Another article from the Saipan Tribune explains that the OPA has the legal standing to hire and terminate personnel without approval from the governor, OAG or others CNMI departments:
1 CMC 2305. Public Auditor: Staff partly reads: (a) The Public Auditor may appoint and remove such employees as he or she deems necessary to perform the duties of the office. These employees may include assistant public auditors, accountants, auditors, financial management analysts, investigators, attorneys, paralegals, secretaries, clerks and the like.

1 CMC 2306, meanwhile, states that the public auditor may obtain the services of independent certified public accountants, qualified management consultants, or other professional persons, as the public auditor deems necessary to assist in carrying out his or her duties...

OPA's personnel regulations also give the public auditor authority to appoint and remove employees as he deems necessary to perform the duties of the office.
Both Public Auditor Michael Pai and AG Buckingham were appointed by the governor. Isn't it odd that one office would be suing another? It seems that any procedural differences or issues could and should be resolved outside of a courtroom.

It certainly looks like the Attorney General is trying to stick it to Public Auditor Michael Pai and the Office of the Public Auditor because of the OPA report detailing the results of the investigation  conducted regarding the AG Buckingham's improprieties and alleged election fraud during the last election.  Buckingham allegedly used his position to strong-arm government employees to attend a campaign event at the governor's mansion that was reportedly sponsored by the OAG to support the Fitial Administration's candidate. (See Election-Gate for previous posts and details on this unsettled scandal.)

Attorney Przyuski was the lead investigator in the Election-Gate scandal and drafted the OPA report that was said to have been unfavorable to the AG's actions. This cannot be a coincidence.

AAG W. Allen Hazlip, who filed the lawsuit, noted that Attorney Przyuski has not been in Saipan or in the CNMI since September 2010. I guess that argument is to say therefore he is not offering legal assistance. Perhaps like Fitial's so-called volunteers - Deanne Siemer and Lynn Knight -  Przyuski has been doing his legal work for the OPA from another location. (It should also be noted that the AG and Governor's Office are in violation of the Open Government Act for refusing to disclose the invoices and amounts paid to Deanne Siemer. This information was requested by Tina Sablan and only vague information was released as this previous post notes.)

More ironic is the fact the this Attorney General claims that he is suing because the hiring of the two attorneys “threaten an imminent waste of public funds.” This same AG had no problem using $12,940 in public funds to hire private attorney Anthony Long to defend him against any potential ethical and legal charges in the Election-Gate scandal! 

Activist and Saipan resident Glen Hunter pointed out that the AG didn't investigate or sue regarding questionable contracts "approved or ignored" by the OAG:
• the hiring of Washington, D.C. law firm Jenner & Block
• the Department of Public Health lawsuit regarding the dialysis center in which attorneys were hired on contingency and walked away with over $600,000 in one suit alone
• the Retirement Fund’s outsourcing professional legal contracts that included payments of over $500,000 to one attorney in a three-year span
• the Commonwealth Utilities Corp.’s professional legal contracts with numerous outside counsel, including one who earned nearly $200,000 in a year
• the sole source contract for ARRA management

“And most ironic of all, a sole source contract for personal defense representation for Ed Buckingham related to OPA’s investigation of his actions, signed by himself and the governor and paid for by taxpayers,” Hunter said.
The U.S. Office of the Special Counsel that is also investigating this case should request a copy of the secret OPA report on Buckingham's improprieties that the governor and OPA refuse to disclose to the public. It is a classic Fitial-Buckingham move to hide and deny alleged misconduct, and even alleged illegal acts committed by Fitial Administration personnel as appears to have been the case in Massage-gate and Gun-gate, as well. Any improprieties committed by a high-ranking government official in a federal election should reap severe consequences, rather than a slap on the hand. This latest action which smacks of retaliation should help convince the OSC to continue investigating the Election-Gate case.

Visit to the Supreme Court of the United States

June 14, 2011

Supreme Court Justice Sonia Sotomayor Photo by Wendy L. Doromal ©2011

















Each year U.S. Supreme Court Associate Justice Clarence Thomas generously sets aside a couple hours to meet with students and educators from the Orange County Public Schools' COMPACT and Service Learning Programs.  He is both inspirational and personable.  This year's meeting was amazing, as always, but it was even more special than usual because we also had the privilege of meeting Associate Justice Sonia Sotomayor!

We met in the beautiful room that we always meet in, which is located beyond the guards and gold gate.  I have been there five times now and I am awed each time I enter.  It is ornately decorated with rich woodwork, a fireplace with a marble mantle, crystal chandeliers, beautifully carved ceiling tiles and distinguished portraits. The room has gorgeous furnishings – beautiful tables adorned with jade lamps, elegant chairs and a lush rose-colored carpet.  It has tall windows and opens to a large courtyard with a fountain and flowers.

Associate Justice Thomas addressed the 19 students and 7 educators, answered questioned, and then posed for group and individual photos with everyone. He asked each student about their dreams and future plans. He told the students to avoid "dream killers" and gave each of them advice in a one-on-one conversation.

This year I took notes so I didn't forget anything that he said. One thing that he told the students was, "Just because you had a modest start doesn't mean you should let someone predict your future." He told them to "do something beyond yourself."

Associate Justice Thomas talked about his life growing up in poverty in Savannah, Georgia and being raised by his grandfather. He was 9 years old when he first met his father.  His grandfather was born in 1907 and was the son of a freed slave who never attended school.

Thomas spoke of segregation, which he experienced growing up in the south.  He said that in 1963 when segregation of the Savannah Public Library ended, he went there as much as he could. He still enjoys reading books. He noted that now the library has mostly retired citizens that visit and lamented the missed opportunity of young people not reading books or wanting to go to the library.

The justice also mentioned that during segregation, Savannah's Daffin Park was only open to whites. He said that blacks could walk around the perimeter, but could not enter the park. He mentioned that the legal case filed to fight the park's segregation made it to the Supreme Court.  (The case dealt with charges against several black men who were arrested in the park for playing basketball there.) The Supreme Court ruled "that one cannot be punished for failing to obey a command which violates the Constitution. In this case, the police officers’ command violated the Equal Protection Clause of the Fourteenth Amendment since the command was intended to enforce racial discrimination in a park."

Associate Justice Thomas also answered several questions from students.  We learned that he doesn't care much about clothes and style. He wears only white and blue shirts and burgundy (his favorite color) ties.  He wears comfortable shoes and said that he believes the saying, "You make the clothes, the clothes don't make you."

When asked about career choices, he said to go with your heart when picking a career. He said, "The life that you influence is more important than the money that you earn."

When asked about politics, he said that he doesn't "know much about politics; doesn't like politics" and added, "I like things that make sense; like things that add up."

Describing what it is like to serve on the Supreme Court he said that there are about 9,000 cases that are submitted to the Supreme Court each year. The Justices decide which cases they will hear, with only about 80 being accepted for oral arguments. All of the members work together as a group to issue opinions, except on rare occasions when a member is recused.  During the session that lasts from October to the end of June, the Justices hear cases from Monday through Wednesday mornings each week. Wednesday afternoon they meet to decide the Monday cases. On Thursday and Friday they decide the Tuesday and Wednesday morning cases. They allow no staff or recording devices when they meet.

Justice Thomas said that the meetings are very formal. There is no name calling or incivility between members, as the work of the court as a whole is more important than the individual members. He also told us that the members sit around the table by seniority with the Chief Justice at the head of the table and others seated by seniority. They vote in descending order of seniority. Justice Thomas has been on the Court for twenty years.

I was able to speak to Justice Thomas after I took photographs of all of the students and chaperons and before posing for my own. He asked me where my accent was from. (I didn't know I had one.) Also, my director told him that I did human rights work and Justice Thomas told me about slavery in various parts of the world.

When Justice Thomas learned that one of the students with us was related to Justice Sotomayor, he said that he would see if she could come to meet her.  Justice Sotomayor joined us with the Court's curator and photographer who took several photos of the group with the Justice. The three perfect photographs by the Court's photographer are for commemorative purposes only (to frame). We are not allowed to publish them or place them online, but here are some that I took at the Supreme Court and meeting:










Some Thoughts on Washington

June 13, 2011


Photo by Wendy Doromal 2011
Wow! The Marianas Variety headlines read Doromal to meet White House officials! That would be very exciting! However, it is not true.  I hand-carried copies of a letter that United Workers Movement President Rabby Syed wrote to President Barack Obama to 26 members of Congress and other officials. The letter was packaged with my letter regarding status and Rob Misulich's law journal regarding the flaws in the CNRA and argument for U.S. status with a pathway to citizenship. The same package was delivered to President Obama (not in person).

I would summarize the meetings as extremely productive with help coming from some surprising and unlikely sources. There is no doubt that the people that I spoke with understand the difference between U.S. undocumented aliens and the legal, long-term de facto citizens of the CNMI.

In the next week I will be finishing my report for the upcoming hearing, following-up on new contacts and sending letters and the Misulich journal to other members of Congress.

Jefferson Memorial  W. L. Doromal ©2011
"We hold these truths to be self evident: that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.” –Thomas Jefferson
Jefferson Memorial W. L. Doromal ©2011
“Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual.”
Thomas Jefferson
George Washington bronze, Mount Vernon
"While we are contending for our own liberty, we should be very cautious not to violate the rights of conscience in others, ever considering that God alone is the judge of the hearts of men, and to him only in this case they are answerable." –George Washington

Lincoln Memorial W. L. Doromal ©2011
"As I would not be a slave, so I would not be a master. This expresses my idea of democracy."
–Abraham Lincoln

Philippine Independence Day!

June 12, 2011

"There can be no tyrants where there are no slaves." -Jose Rizal

Happy Philippine Independence Day to all of the Filipinos in the CNMI!

In an Independence Day speech President President Benigno C. Aquino III said:

"In the name of the Philippines, I declare the opening of a new chapter in our history, where each Filipino can reap the fruits of his labor, where laws are imposed on rich and poor alike, where everyone can chart his own destiny, where one can have freedom with honor. This is the free Philippines. We are the free Filipinos."

Delivering A Message in Washington, DC

June 10, 2011

Photo by W. L. Doromal ©2010


















This is a world of compensations; and he who would be no slave, must consent to have no slave. Those who deny freedom to others, deserve it not for themselves; and, under a just God, can not long retain it. 
–President Abraham Lincoln, April 6, 1859 Letter to Henry Pierce


I am leaving for Washington, DC in a couple hours and will be there until Tuesday evening. For part of the trip I will be photographing some special students from Orlando as they visit the White House, Washington's historical sites and meet with dignitaries.

I will be able to spend time with a supporter and friend from one of my favorite NGOS to discuss a plan to promote U.S. status for the nonresidents on Capitol Hill and with the American public.

I will also be meeting with officials to deliver letters, including one I wrote and one from the United Workers Movement-NMI, and to share with them the law journal article entitled, A Lesser-Known Immigration Crisis: Federal Immigration Law in the Commonwealth of the Northern Mariana Islands  by Robert J. Misulich a J.D. candidate at the University of Washington.  This in-depth analysis on CNMI immigration status for legal long-term workers stands as another important voice in urging the United States Congress to right the wrongs of the flawed CNRA that excluded the provision for permanent status for the long-term CNMI guest workers.

The article was published in January 2011. (See the January 1, 2011 post, A Welcome Voice Calling for Justice for the Long-Term CNMI Workers, for more details.) This well-researched and well-written article analyzes the provisions of CNRA, and actions and inactions of Congress and the DHS. It makes a strong and clear argument for Congress to pass additional legislation granting permanent resident status to long-term CNMI guest workers.

Read it here:



Read the letter from United Worker Movement-NMI President Rabby Syed based on the petition signed by over 7,000 nonresidents and supporters.  It will be delivered to the White House, Congressional offices, the DOI and NGOs.
:


My own  3-page letter is a plea to provide protections and enact legislation that grants an established U.S. status with a pathway to citizenship to the legal, long-term nonresident workers of the CNMI. That message will be expanded in written testimony I am preparing for the upcoming July 2011 House hearing on CNMI issues. (I will be attending that hearing.)

I am hoping that by carrying the message of the nonresidents to some new contacts on Capitol Hill, as well as some established contacts and old friends, we can identify a champion that will push for protections and legislation that will grant the CNMI's legal, long-term nonresident workers permanent residency with a pathway to citizenship!

New Filings in Witch Hunt

June 4, 2011

Attorneys Teresa Kim and Deanne Siemer have filed documents in their Freedom of Information Act lawsuit that further demonstrate that the lawsuit is not truly a FOIA request, but a witch hunt against the U.S. Department of Interior, the Federal Ombudsman Office, and Ombudsman Pamela Brown.

Why pursue documents that do not exist and were not in existence when the FOIA request was made? One can only to conclude that their intent is to continue the never-ending battle with the federal government and to support the Fitial Administration's public objection to the DOI Status Report.

The DOI Report was viewed by the anti-federalization Fitial Administration as a major obstacle in the CNMI government's continuing attempts to maintain local control over immigration and labor of the alien workforce. The Fitial Administration's aim is to ensure that the nonresident workers continue to serve the CNMI's needs as a voiceless, disenfranchised underclass with limited rights.

The documents that Siemer and Kim filed June 3, 2011 in the District Court of the District of Columbia revolve around a motion for leave to file a late declaration by Attorney Teresa Kim.  The declaration by Attorney Kim supports the lie (See The Lie for the truth) that CNMI officials were not consulted before the issuance of the April 2010 Department of Interior Report regarding status for nonresident workers. It also notes that the CNMI government already possesses their own data on the number of aliens. Additionally, it questions the confidentiality of the alien registration conducted by the DOI even though many times the Ombudsman's Office published the fact that all information given to that office is confidential.

The excuse for not making the deadline is the typical "Oh, poor me, CNMI" whine:
I was unable to complete this affidavit before the deadline of opposition to the summary judgment motion made by the Interior Department. We are a very small government at a great distance from the United States. The Commonwealth's economy has suffered a more than 40% decline in GPD over the last four years, and this very severe economic depression has an enormous effort from all senior government officials over the last six months as emergency measures are implemented. I had no notice that the Department of interior would file its summary judgment motion, and we had only a very short time in which to respond. The 14 hour time difference between the Commonwealth and Washington also makes work under this kind of time pressure very difficult.



BACKGROUND


Additional Posts On Witch Hunt:
CNMI Witch Hunts, May 19, 2011
US Response in Witch Hunt Lawsuit, May 7, 2011
CNMI Witch Hunt, May 4, 2011
Much Ado, April 20, 2011

Read Attorney Jane Mack's post, The Power Struggle Over Alien Labor, Day in Court, March 16, 2010

Some Unheard No More! Posts providing background on the CNMI Government's attacks on and conflicts with the DOI and Ombudsman Office:

2010 Labor Report: More Lies, February 9, 2011
Listen Up!, January 13, 2011
Transition to Federalization: The long and winding road, January 11, 2011
Unreal, November 23, 2011
Flawed "Exit Survey", September 1, 2010
Status For Foreign Contract Workers, July 9, 2010
Seriously? July 1, 2010
Provisions in PL 17-1 are Unconstitutional, June 27, 2010
More Jive, June 10, 2010
Post Rerun, June 7, 2010
Short Takes from the CNMI, June 5, 2010
USCIS Parole, June 3, 2010
Educational Campaign?, May 27, 2010
Indigenous People to Hold Rally, May 21, 2010
THE LIE, May 15, 2010
Public Hearing on Resolution 17-4, May 10, 2010
CNMI to Submit Own Report to Congress, May 5, 2010
Predictable Reaction to DOI Report, April 30, 2010
Report from Interior: Status Recommended for Long-term Foreign Workers, April 29, 2010
More Siemer Garbage, April 27, 2010
Status for Foreign Workers, April 26, 2010
Politics As Usual, CNMI Style, April 22, 2010
Letter to Deanne Siemer from Malou, March 27, 2010
CNMI vs US, March 25, 2010
The Ominous Omnibus Bill Now PL 17-1, March 22, 2010
More Whine, Rant, Spin, March 21, 2010
Forum at Kilili Beach, March 20, 2010
More on CNMI vs Feds Fight, March 18, 2010
More Undermining of Federal Authority, March 15, 2010
How Do you Get Something So Wrong? March 14, 2010
Statement From DOI Assistant Secretary Babauta, March 12, 2010
Federal Position Clarified by Federal Labor Ombudsman Pam Brown, March 10, 2010
More Labor Jive, March 9, 2010
Kaipat, and the Battle Continues, March 8, 2010
Assistant Secretary Babauta to Conduct Worker Forums, March 7, 2010
Ombudsman Meeting Draws Huge Crowd, March 4, 2010
Do Not Go to DOL, January 19, 2010
Umbrella Permit Confusion at DOL, January 17, 2010
CNMI Department of Labor Hell, January 15, 2010
Status for Foreign Workers, January 12, 2010
Notice from Federal Ombudsman, December 30, 2009
CNMI News Bites, December 29, 2009
Alien Registration Ends at Midnight, December 28, 2009
Alien Registration Almost Complete, December 27, 2009
Holiday Scrooges, December 23, 2009
Guest Worker News, December 18, 2009
Alien Registration Form Clarified, December 13, 2009
Alien Registration Form, December 12, 2009
Alien Registration Begins, December 10, 2009
More Schemes, December 1, 2009

Even Older...(look in search on this site for more anti-federal posts and Fitial Administration spin )
Federal Ombudsman Responds to Kaipat, January 20, 2008

CNMI Government's Withholding of Data and Statistics (The Ombudsman's Office would not have had to conduct a registration if the CNMI shared data.)
More on CNMI Statistics and Data August 4, 2009
DOL's 10th Interim Report: Hidden data and statistics, July 23, 2009
Questions About the CNMI Department of Labor June 24, 2009
Hidden Data, June 4, 2009