CNMI Worker Final Rule Will Be Released This Week

August 31, 2011

While the DHS will finally fulfill its obligation to release the Commonwealth of the Northern Mariana Islands Transitional Worker Classification regulations, the U.S. Congress has failed to act on the DOI recommendations concerning status for the 16,000 legal foreign workers of the CNMI.

The regulations that were delayed since November 2009 because of a lawsuit filed by Governor Fitial will be released this week.  The regulations are expected to be very similar to the interim regulations with minor changes based on the 134 comments that DPS received.  This means that all employers of foreign workers who do not qualify for traditional  HB-1 visas will need to apply for CW-1 visas for their employees.

Once the final rule is released employers will have less than three months to complete and receive approval on applications before the November 27, 2011 deadline when the CNMI-issued umbrella permits are no longer valid. It is expected that any currently employed foreign national will be allowed to continue working while the CW-1 application is being considered.

Every foreign worker will need to have an employer to be able to remain in the CNMI and to keep their family in the CNMI. Any worker without an employer MUST APPLY FOR PAROLE IMMEDIATELY IF HE/SHE HAS NOT DONE SO ALREADY.  They can contact the Federal Ombudsman Office or Micronesian Legal Services for information regarding parole.

A story in the Marianas Variety quoted Congressman Sablan as saying:

“Publication of these regulations will help lift the uncertainty that has been hanging over the heads of businesses and workers in the NMI ever since the governor got the federal court to strike down the original regulations in November 2009.

With the regulations now available, businesses will be able to make decisions about how many people to keep employed and whether the time has come to more actively recruit among local workers.

...And foreign workers will finally gain some certainty about whether they will have jobs here after November.

DHS had to be sure that every comment was carefully weighed after the injunction resulting from Fitial's lawsuit, the initial cause of the delay, but certainly it should not have taken this long. The U.S. agencies and bodies tasked with implementing U.S. P.L. 110-229, the CNRA, have acted in a seemingly  uncoordinated and lackadaisical manner to the detriment of the employers, employees and all people of the CNMI.

More significantly is the fact that Congressman Sablan failed to mention is that it has been over a year since the U.S. Department of Interior released its mandated report with recommendations on status for the legal, long-term foreign resident workers of the CNMI. The U.S. Congress, which could have acted immediately following that report, failed to do so and that gross failure has created more uncertainty and prolonged suffering than the delay in the release of the final rule. The only action by Congress has been the inferior bill, H.R. 1466 which fails to address status for the 16,000 legal, long-term foreign resident workers.  It excludes 12, 000 legal, long-term foreign workers and merely proposes the continuation of disenfranchisement for 4,000 foreign workers with U.S. citizen family members until such time as they are petitioned for green cards.

H.R. 1466 is an unacceptable response to the DOI report and a slap in the face to the legal, long-term foreign workers who have lived and worked in the CNMI for years, and even decades. It is the U.S. Congress that has created the uncertainty; the rule does not decide status, Congress does. Only permanent residency status will ease uncertainty.

There are only three months left. There are 12,000 legal, long-term foreign workers who have been outrightly betrayed and forsaken by Congressman Sablan and the co-sponsors of H.R. 1466, an un-American bill.  Rabby and I are accepting letters and statements from the foreign workers that we will take to Congress, federal officials and the national and international press this Fall. You can email them to doromal@earthlink.net .

August 30, 2011

Wishing all of our Muslim friends a blessed and joyous Eid!

H.R. 1466 Co-Sponsors Must Explain!

August 28, 2011

I have always had utmost respect for the progressive congressional caucuses that support unifying legislation that aims to advance the principles upon which our nation was founded –principles like equality, unalienable rights, liberty, democracy and justice for all who live and work in our country.  Esteemed members of the Congressional Hispanic Caucus, the Asian Pacific American Caucus, the Black Caucus and the Progressive Caucus have pushed for comprehensive immigration reform, universal health care and just economic policies. However, since members of these caucuses have co-sponsored H.R. 1466, my admiration for the caucuses has been replaced with disappointment and confusion. My trust in these members is gone.

It was a shattering blow to my belief system to learn that the congressional caucus members that I trusted to have the best interest of our country's foreign workers and immigrants at heart are not truly the friends of our country's foreign workers, nor are they the compassionate immigration reform heroes that they claim to be. Rather, they propose to continue the suffering, disenfranchisement and oppression of the legal, long-term foreign workers of the U.S. Commonwealth of the Northern Mariana Islands (CNMI). Legal, long-term foreign workers who have lived and worked in the CNMI for years and even decades, denied of political, social and economic rights as the underclass of a two-tiered society. These caucus members have shown that they do not stand above the political games that are destroying our country, but are participants in them. Such a disappointment.

It also sickens me that every co-sponsor of H.R. 1466 is a member of the Democratic Party, my party. Well, except for one lone Republican co-sponsor, Alaska's Rep. Don Young who was entrenched in the scandals of felon former lobbyist, Jack Abramoff. In fact, the CNMI's former Secretary of Labor and Immigration, Mark Zachares was convicted for his role in the scandal and was sentenced to jail time.

Rather than advancing the principles and ideals of our great nation, H.R. 1466 will take our country backwards to reflect some of the very same unjust provisions that were written in the post-Civil War Black Codes to regulate the freed slaves. These un-American, undemocratic laws restricted travel and employment and denied basic human and civil rights by prohibiting these second-class citizens from voting, serving on juries and holding government offices. These exact provisions of travel and employment restrictions and disenfranchisement are contained in H.R. 1466 to regulate legal long-term foreign resident workers. Surely, this kind of shameful status should not even be considered as a way to upgrade the status of dedicated legal long-term foreign resident workers in 2011. It has been 150 years since the Black Codes scarred the reputation of the United States.

How can the outspoken members of Congress who advocate for undocumented aliens to be provided with a pathway to citizenship, sign a bill that would deny the same status for the CNMI’s legal aliens? Every co-sponsor must answer this question!

Decisions being made in Washington will directly impact the CNMI foreign resident workers, the de facto citizens of the CNMI who make up a majority of the adult population and represent an estimated 85 to 90 percent of all workers in the private sector. Even though they were never promised a pathway to citizenship when they began their employment in the CNMI, they most certainly have earned one. Few of them suspected when they left their homelands that they would be asked to renew their contracts year, after year, after year. Their valuable skills were essential to the CNMI economy, and most were invited to stay. Over the years, they sold their property and broke all ties with their homelands.

The nonresidents are deeply rooted in the CNMI, with many having lived there 5, 10, 20 – even 30 or more years. Many of them have families and/or U.S. citizen children. They pay taxes. They perform community service and are members of churches and community organizations. They have children that serve in the U.S. Armed Forces. Yet, they remain voiceless, second-class citizens. They are waiting for responsible, ethical and moral members of Congress to introduce legislation that will provide them with permanent residency status and a pathway to citizenship.

Every member of the Asian Pacific American Caucus who co-sponsored H.R. 1466 needs to review this part of their mission statement:

"To establish policies on legislation and issues relating to persons of Asian and/or Pacific Islands ancestry who are citizens or nationals of, residents of, or immigrants to, the United States, its territories and possessions."

I assume this means positive and beneficial policies, yet H.R. 1466 will harm tens of thousands of legal, long-term, foreign resident workers in the CNMI who are  of Asian Pacific ancestry. It will harm thousands of their families members.

The members of the Asian Pacific American Caucus who signed H.R. 1466 are:
Chair Rep. Judy Chu (D-CA)
Delegate Madeleine Bordallo (D-Guam)
Rep. Colleen Hanabusa (D-HI)
Rep. Michael Honda (D-CA)
Rep. Xavier Becerra (D-CA)
Rep. Hansen Clarke (D-MI)
Delegate Eni Faleomavaega (D-AM. Samoa)
Rep. Al Green (D-TX)
Rep. Mazie Hirono (D-HI)
Rep. Barbara Lee (D-CA)
Rep. Doris Matsui (D-CA)
Delegate Gregorio (Kilili) Sablan (D-CNMI), the bill's author

Associate members who co-sponsored H.R. 1466 are:
Rep. Pete Stark (D-CA)
Rep. Lynn Woolsey (D-CA)

I question how these caucus members are demonstrating sincerity and commitment to those of Asian Pacific ancestry who have lived and worked in the CNMI for years and decades. H.R. 1466 is a slap in the face to these people. If you also question their sincerity and commitment please contact them or send me a message that United Workers Movement President Rabby Syed and I will hand-deliver to their offices when we go to Washington, DC this Fall.

The members of the Black Caucus who have co-sponsored H.R. 1466 need to explain why they would even consider the revival of provisions taken from the un-American post-Civil War Black Codes.  One prominent member of the Black Caucus who co-sponsored H.R. 1466 is Rep. Charles Rangel who said:

"Full participation in government and society has been a basic right of the country symbolizing the full citizenship and equal protection of all."

Perhaps all, except the legal, long-term foreign workers of the CNMI?

The members of the Black Caucus who co-sponsored H.R. 1466 are:

Rep. Karen Bass (D-Ca)
Rep. Sanford Bishop (D-GA)
Rep. G.K. Butterfield (D-NC)
Delegate Donna Christensen (D-VI)
Rep. Yvette Clark (D-NY)
Rep. William Lacey Clay, Jr. (D-MO)
Rep. Al Green (D-TX)
Rep. Marcia Fudge (D-OH)
Rep. Alcee L. Hastings (D-FL)
Rep. Sheila Jackson (D-TX)

Rep. Eddie Bernice Johnson (D-TX)

Rep. Hank Johnson (D-GA)

Rep. Barabara Lee (D-CA)

Delegate Elanor Holmes Norton (D-Washington, DC)
Rep. Charles Rangel (D-NY)

How can members of the Black Caucus who claim to stand for equality and civil rights, who have co-sponsored comprehensive immigration reform bills that would grant permanent residency status to 11 million undocumented aliens also support disenfranchisement, restriction of travel and denial of basic civil and human rights for the legal foreign workers of the CNMI? I question their sincerity and commitment to the democratic principles that they claim to uphold. If you also question their sincerity and commitment please contact them, or send me a message that United Workers Movement President Rabby Syed and I will hand-deliver to their offices when we go to Washington, DC this Fall.

The members of the Congressional Hispanic Caucus who have co-sponsored H.R. 1466 must answer to the LEGAL, long-term foreign workers of the CNMI. These people lead the march for comprehensive immigration reform, they champion the DREAM ACT, and they advocate tirelessly for the undocumented aliens and their families. Is their compassion for immigrants limited to those of Hispanic ancestry or only those who are undocumented aliens living in the U.S. mainland?  One of the goals of P.L. 100-229 was to align the CNMI with the INA under one immigration policy. By co-sponsoring H.R. 1466 they have ignored this intent of the law.

On July 8, 2011 the Chair of the Hispanic Caucus, Rep. Charles Gonzalez made a statement to the advocates and supporters of immigration reform stating:

“We take solace in knowing that reestablishing the rule of law is possible through federal immigration reform. The outdated notion that more than 10 million undocumented immigrants and their families will leave or be forced out of the country is pure fantasy. We, the Congressional Hispanic Caucus, remain committed to reform and supporting leaders at all levels of government who join us in that effort. One national immigration policy is what our Constitution requires and what practicality dictates.

“The American people are deeply committed to racial and ethnic equality, legal and orderly immigration, and fair and dignified treatment of immigrants. As we continue working towards fair and just immigration solutions at the federal level, your efforts to relieve suffering, address discrimination, alleviate mistreatment and erase inequality at the state and local level are deeply appreciated.”

Do the members of the Hispanic Caucus believe that there should be one national immigration policy for the undocumented aliens, but a separate unequal, undemocratic one for the legal long-term, foreign workers of the CNMI?

The members of the Hispanic Caucus who co-sponsored H.R. 1466 are:

Rep. Joe Baca (D-CA)

Rep. Xavier Becerra (D-CA)

Rep. Charles Gonzalez (D-TX) Chair

Rep. Raul Grijalva (D-AZ)

Rep. Luis V. Gutierrez (D-IL)

Rep. Rubén Hinojosa (D-CA)

Rep. Ben Ray Luján (D-NM)

Rep. Grace Napolitano (D-CA)

Rep. Ed Pastor (D-AZ)

Delegate Pedro Pierluisi (D-PR)

Rep. Silvestre Reyes (D-TX)

Rep. Lucille Roybal-Allard (D-CA)

Rep. Gregorio (Kilili) Sablan (D-CNMI) bill's author

Rep. José Serrano (D-NY)

Rep. Albio Sires (D-NJ)

Rep. Nydia Velazquez (D-NY)

Why is it that these caucus members propose a higher status for the estimated 11 million undocumented aliens than that which they propose for only 4,000 of the 16,000 legal, documented foreign workers of the CNMI? I question their sincerity and commitment to enact  fair immigration reform, to support racial and ethnic equality, and to provide dignity for all foreign workers and immigrants. If you also question their sincerity and commitment please contact them, or send me a message that United Workers Movement President Rabby Syed and I will hand-deliver to their offices when we go to Washington, DC this Fall.

In 2010 Rep. Gutierrez said:

"We stand here at the front door of American history. Tens of thousands of immigrants are filling America’s front yard. The very same space where the overlooked and the dispossessed have always traveled to seek redress for their claims.

What history will we make at this spot today?

At one end of America’s front yard —behind all of you— sits Abraham Lincoln. The great emancipator. In 1863, with one signature, he turned hope into victory for millions of African-American slaves. Injustice and cruelty were attacked —and defeated— by a courageous man with this weapon — a pen.

Because when Abraham Lincoln moved his pen across the Emancipation Proclamation, he moved African-Americans out of the desperate shadows of slavery and into the bright sunlight of freedom.

And 100 years later, when America had broken its promise to them, hundreds of thousands of people again came to America’s front yard — just as we do today— to demand true freedom.

On that day, another great American, Martin Luther King, had a simple message: Justice cannot wait. On this mall, in 1963, when Dr. King said justice cannot wait, he was right.

And I say it to you today. Justice for immigrants cannot wait. It cannot be delayed because of the fears of politicians.

Today, we are flipping over a new page on the calendar. Yesterday’s page was one of “fear,” and “finger-pointing” and “waiting.” We are turning to a new day that says “justice.” 

And you know what else the new immigrant calendar says?

It says, “now.”

Justice. Now.

Rep. Luis Gutierrez wrote a passionate editorial in 2009 stating:

"Every single day in America, families are being divided. Over the past year, I've traveled across the country with my colleagues conducting something called the United Families ("Familias Unidas") tour. In twenty-four cities across the country, we heard from families who were being ripped apart by the current system. We've heard stories from a father dying from cancer whose wife faced deportation. We've heard from American citizen children who are faced with choosing between their parents and a college education. 

This is a crisis. It's a crisis of human and civil rights, it's a crisis of our economy and our workforce, and it's a crisis of national security. This is why we cannot wait any longer."

Rep. Luis Gutierrez and members of the Hispanic and Asian Pacific American Caucuses also heard from the foreign workers of the CNMI and their children. In May 2009 the Congressional Hispanic Caucus invited me to participate in the Congressional Hispanic Caucus Immigration Roundtable, which was held in conjunction with the Congressional Asian Pacific American Caucus and the Progressive Caucus. (Progressive Caucus co-sponsors of H.R. 1466 include Rep. Steve Cohen (D-TN), Rep. Sam Farr (D-CA), Rep. Jim McDermott (D-WA), Rep. Frank Pallone (D-NJ), Pete Stark (D-CA), Lynn Woolsey (D-CA), and 24 members who are also members of the Hispanic, Black and Asian Pacific American Caucuses including the Co-Chair Rep. Raúl Grijalva.) Copies of all of the letters from the guest workers, nonresidents and their supporters were also given to the Congressional Hispanic Caucus and key members of Congress.

At that meeting Rep. Luis Gutierrez gave an overview of the Comprehensive Immigration Reform plan. Other attending caucus members also spoke briefly. Rep. Honda (D-CA) spoke about how immigration issues did not just impact Hispanics, but also Asians and other ethnic groups. All of the speakers were  passionate and on fire with this issue. Rep. Joe Baca (D-CA) and Rep. Nydia Velazquez (D-NY) made clear their determination in passing this bill this year. Rep. Velazquez said that they contact the White House every week concerning this issue. Every one of these House members co-sponsored H.R. 1466! Such a betrayal!

The central message of the meeting was that members must not attach isolated reform measures to bills that would address only one issue in a piece meal fashion. Rather, there was a need to pass comprehensive immigration reform that embraces all immigration issues including the DREAM Act, visa issues and even green cards for the legal, long-term foreign resident workers of the CNMI. So why is H.R. 1466 even being considered by these people? Why have they isolated the CNMI to grant the legal, long-term foreign workers a state of disenfranchisement or nothing at all, while pushing for permanent residency for the undocumented aliens?

I am utterly confused and disillusioned by their unjust and undemocratic stand regarding the legal, long-term foreign workers of the CNMI, and astonished by their inconsistency regarding immigration reform. Do the members of the Congressional Hispanic, Asian Pacific American, Black and Progressive Caucuses that co-sponsored H.R. 1466 carry two versions of justice and have two separate and unequal visions of what immigration reform should represent? If we cannot trust these members of the U.S. Congress is there anyone we can trust? Is there any hope for justice and reform? They must answer to the legal, long-term foreign resident workers of the CNMI!

A link to previous posts on H.R. 1466 
A link to my written testimony on this bill submitted on July 14, 2011

Martin Luther King, Jr. Memorial

August 28, 2011

No, no, we are not satisfied, and we will not be satisfied until "justice rolls down like waters, and righteousness like a mighty stream." Dr. Martin Luther King, Jr.

Today marks the anniversary of Dr. King's I Have A Dream speech that he delivered 48 years ago at the Lincoln Memorial on August 28, 1963. The dedication of the Martin Luther King, Jr. Memorial in Washington, DC. was scheduled for today, but was postponed until September or October because of Hurricane Irene.

I hope that the dedication is rescheduled on a day that I will be in Washington, DC with United Workers Movement President Rabby Syed so that we can attend. Regardless, I am excited about stopping by the monument next time I visit.

The sculpture reflects a phrase from Dr. King's speech: “With this faith we will be able to hew out of the mountain of despair a stone of hope.” It was sculpted by Chinese artist Lei Yixin who made the words come to life as a 30 foot tall stone sculpture of the civil rights hero emerges from two sides of a mountain passageway.

The monument stands on four acres among monuments to other great Americans on the National Mall– George Washington, Abraham Lincoln, Thomas Jefferson, and Franklin D. Roosevelt

Dr. Martin Luther King, Jr. was one of my earliest heroes and he had a profound impact on my life.  Every day after dinner I sat with my parents and watched Walter Cronkite deliver the news. Images from those evenings are imprinted on my mind like a slide show from the 1960s. Scenes from the horror of the Vietnam War; marches and riots sprung from the civil rights movement; boycotts of lettuce and grapes led by César Chávez; the insanity of the nuclear arms race; stinging words from racist leaders like Alabama Governor George Wallace; hopeful words from righteous heroes like Dr. Martin Luther King, Jr.; and the senseless assassinations of great American leaders.

By the time I was in high school, I was no longer watching the scenes from the television, but was embedded in them, demonstrating for civil rights, equality and peace and protesting the Vietnam War.  A youth minister at my church advised me to channel my outrage to help others. He asked my parents for permission to take me to the Salvation Army in the North End of Hartford to tutor inner-city students. I went with him every week until I learned to drive and then I recruited friends to take there with me.

While other teens waited for the weekend, I waited for Tuesday and Thursday evenings to go to the Salvation Army. It was the highlight of my week. I helped a group of junior high school boys with their English homework. They taught me about their lives, which was a world away from my own. I brought the boys cookies that I baked, used books and school supplies. They gave me gifts of poems they wrote or drawings that they created. Cecil was an artist, actually a very talented artist. He sketched a hand that was perfectly drawn. He signed it and presented it to me as a gift. I would have framed it except the middle finger was extended and my parents would never have let me hang it up.

One student invited us to meet his mother. There were bottles of sour milk outside the door on the fire escape where we entered. They lived in a tiny apartment with a couple of dirty, sheet-less mattresses on the worn vinyl floor, scurrying cockroaches and unadorned walls with peeling paint. Such a contrast for pampered teenage girls who lived in beautiful houses in the affluent suburbs.

It was the last night I was ever at the Salvation Army, April 4, 1968, that changed the direction of my life. The director came to the table where I was sitting with my students. I knew by his pained facial expressions that someone was terribly wrong. He said that we had to leave immediately. Dr. King had been shot and riots had broken out in the city.  Our escape went well until we reached the first stop light. There our tiny turquoise Volkswagen beetle that was decorated with peace signs and flower stickers was rocked by a group of angry young men who wanted to overturn it with us inside.  One angry teenager threw a brick that slammed into the windshield. The red light was ignored, the accelerator was hit and the city was quickly behind us as a blurred memory of screaming voices, pounding fists, shattering glass and black smoke from the fires set by the angry rioters.

My parents never let me return despite tearful pleas. They could keep me out of the slums of Hartford, but they couldn't stop me from traveling a path to fight for change and justice. The death of Dr. Martin Luther King, Jr. was actually the birth of my social activism.

Many years and protest later in 1983 I boarded a bus with some ministers, religious leaders and friends  to attend the 20 anniversary of the 1963 March on Washington, the "We Still Have A Dream March for Jobs, Peace and Freedom March on Washington."  We noted then that Dr. King's dream had not been fulfilled.

1983 March on Washington. (I am on the right in the shorts and hat holding the banner.)

Gayle King (Oprah's friend) former WFSB anchor from Hartford, CT interviewing marchers from CT 1983

It is sad that almost 50 years after the March on Washington and Dr. King's moving speech, his dream still has not been realized for many who live and work in the United States. Discrimination continues and now immigrants and foreign workers are among the targets. Poverty is increasing among minorities, and the middle class is disappearing as the divide between the haves and have nots expands. Terrible legislation like the anti-immigrant laws enacted in Arizona, Alabama and the CNMI, and H.R. 1466 that mirrors the unjust and discriminatory Black Codes of the post-Civil War era mock our constitution and the principles upon which our country was founded.  Instead of advancing our country forward these un-American laws take us backwards towards Jim Crow laws and times that shamed our nation –times that leaders of moral conscience like Dr. Martin Luther King worked to end.

My dream is that someday I can take my grandchildren to see the Martin Luther King, Jr. Memorial and they'll ask me about a time in the past when racism, poverty, war and injustice were the main ingredients of our society.

It is wonderful that our nation is honoring Dr. Martin Luther King, Jr. with an inspirational monument. We can honor him every day by putting his words into action. Words like these:

The ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people.

Power at its best is love implementing the demands of justice. Justice at its best is love correcting everything that stands against love.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: 'We hold these truths to be self-evident: that all men are created equal.

A right delayed is a right denied.

Change does not roll in on the wheels of inevitability, but comes through continuous struggle. And so we must straighten our backs and work for our freedom. A man can't ride you unless your back is bent.

Many of the ugly pages of American history have been obscured and forgotten....America owes a debt of justice which it has only begun to pay. If it loses the will to finish or slackens in its determination, history will recall its crimes and the country that would be great will lack the most indispensable element of greatness--justice.

Injustice anywhere is a threat to justice everywhere.

We may have all come on different ships, but we're in the same boat now.

History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.

A riot is the language of the unheard.

Life's most persistent and urgent question is, 'What are you doing for others?'

In the End, we will remember not the words of our enemies, but the silence of our friends.

Let us all hope that the dark clouds of racial prejudice will soon pass away, and that in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

2010 Census Shows CNMI Population Declines by 22.2%

August 25, 2011

click to enlarge

The initial CNMI 2010 census data presents no surprise. The population of the CNMI has declined from 69, 221 in 2000 to 53, 883 in 2010. Rota's population decreased by 23 percent, from 3,283 in 2000 to 2,527 in 2010; Saipan's population declined by 22.7 percent, from 62,392 in 2000 to 48,220 in 2010; and Tinian’s population decreased by 11.4 percent, from 3,540 in 2000 to 3,136 in 2010.

Census results determine allocation of federal funds.

In a press statement (embedded below) Governor Fitial stated, "Once the 2010 CNMI Census results are fully completed and released, the CNMI will be better poised to get its fair share of federal funding opportunities.”

Interesting statement. What is a "fair share of funding opportunities" for a region that pays no federal income taxes and is a thorn in the side of the federal government?



Other U.S. territories also saw a decline in their populations. The U.S. Virgin Islands' population dropped 2 percent, while American Samoa's declined by 3.1 percent. Guam's population increased 2.9 percent from 154,805 to 159,358.

USCIS Memo on Adjustment of Status

August 23, 2011

As United Worker Movement-NMI president Rabby Syed calls for more expedient processing of advanced parole for foreign resident workers, the USCIS has released an August 11, 2011 memorandum regarding adjustment of status applications from aliens present in the CNMI.

From the memo (emphasis added):

Applications for Advance Parole and Employment Authorization. Before November 28, 2009, the adjudication of an accompanying Advance Parole or Employment Authorization application filed with an Adjustment of Status application was withheld and adjudicated only upon direction from the Guam Field Office. As of November 28, 2009, employment authorization and requests for advance parole applications will be processed under normal operating procedures for these applications and requests, in accordance with current SOP guidelines. In addition to permitting travel back to the CNMI after a trip abroad, adjustment of status applicants are eligible for a grant of parole-in-place to travel to other parts of the United States. Similarly, work authorization provided to an adjustment of status applicant is not limited to the CNMI and, therefore, may be used for employment in any part of the United States. (See also Chapter 36.2)

This policy appears to conflict with proposals in H.R. 1466 that restrict travel and work for qualifying legal, long-term foreign resident workers.

Read the memo:

Earthquake Hits East Coast as Hurricane Irene Approaches

August 23, 2011



Buildings from Washington, DC to New York City were evacuated as a 5.9 magnitude earthquake rocked the U.S. East Coast at around 2:00 pm today. The quake's epicenter was located about 85 miles from the nation's capital in Mineral, Virginia.  Flights were delayed in Washington, DC, New York and New Jersey airports.  The monuments on the National Mall were closed, including the new Martin Luther King, Jr. Memorial.

While not a seemingly significant earthquake compared to the recent devastating quakes in Japan, earthquakes along the east coast are rare. The last strong earthquake in this area was a 4.8 magnitude in 1875.

Damage in Washington, DC included three pinnacles breaking off the central tower of National Cathedral and some damage to the Ecuador Embassy.



While the sudden earthquake was an unexpected surprise, residents along the East Coast are preparing for Hurricane Irene which is expected to hit this weekend as a category 3 or 4 storm. Florida residents are hoping that Irene follows the current predicted path to stay off the coast of the peninsula making landfall in North Carolina. Tropical storm force winds of up to 70 mph are expected in Orlando.

HAPPY BIRTHDAY NANI, ANGEL!!

DHS to Review 300,000 Deportation Cases

August 19, 2011

The Department of Homeland Security announced changes in deportation procedures. Immigration reformists view the changes as a positive step in promoting secure, just and humane immigration policies. 

DHS will be reviewing 300,000 deportation cases on a one-by-one basis to determine which cases represent "high priority" criminals that provide a threat to the United States. Other cases determined to be "low priority" cases will be removed from the case log, and immigrants facing deportation with no criminal records will have the possibility to get work permits.

From Reform Immigration for America:

The 10 Things You Should Know about DHS's Announcement 

All 300,000 cases currently in deportation proceedings will be reviewed by senior DHS officials. Immigration judges and ICE trial attorneys will also be reviewing their cases on a daily and weekly basis to make sure that any case that goes forward is consistent with DHS enforcement prioirities

The announcement is about deportation cases only. This announcement is DHS's attempt to "unclog" the deportation case log by removing "low-priority" cases in order to focus on individuals who pose serious dangers to our communities and our country.

"High-priority" individuals include, but are not limited to, those who pose a serious threat to national security, are serious felons and repeat offenders, are known gang members, or have a record of repeated immigration violations.

"Low-priority" individuals include, but are not limited to, veterans; long-time, lawful residents; DREAMers and others brought to the US as children; pregnant women; victims of domestic abuse and other serious crimes; and spouses, including LGBT spouses.

Individuals in deportation proceedings who are deemed "low-priority" will get a letter from DHS stating their case has been administratively "closed".

Those whose cases are closed can apply for a work permit program. Decisions about work permits will be made on a case-by-case basis. Undocumented immigrants not in deportation proceedings cannot seek work permits.

Individuals SHOULD NOT attempt to be placed in deportation proceedings in order to apply for a work permit.

While these changes do not directly benefit non-criminal, undocumented immigrants who are not in deportation proceedings, if implemented properly, these individuals will not be placed into deportation proceedings in the first place.

The announcement does not change programs such as 287g and Secure Communities.

This is not "back-door amnesty" as our opponents will claim. This is a procedural change in the implementation of DHS's enforcement policies to target only those who pose serious threats to the US and those with long criminal records.

CNMI Political Games

August 17, 2011

In and Out and In and Out and In...

Ambrosio Ogumoro has been reinstated as Deputy Commissioner of the Department of Public Safety (DPS) for the third time.  Hired, fired, hired fired. Not too weird!

Read Also:
He's Back
Election Gate: A Look at the Hatch Act
Expungement Act of 2010
Another Complaint Against Deputy Commissioner Ogumoro
Complaints Filed Against CNMI Officials
Law and No Order in the CNMI: Part II
Law and No Order in the CNMI
CNMI Law Enforcement Notes


CNMI Senate Wants Attorney General Investigated

The CNMI Senate wants the CNMI Bar association to "investigate" Attorney General Buckingham regarding his approval of the questionable ARRA contract. The Senate adopted Resolution 17-62 to inspire the investigation with the Bar and Resolution 17-63 calling for the Office of the Public Auditor to "supplement" the DOI Inspector General's report. Since the report was written in cooperation with the OPA I am not sure what they mean.

Instead of also supporting an investigation of Governor Fitial, Michael Ada, Procurement and Supply Director Herman Sablan and other parties involved in writing and endorsing the contract, the senators referred to them as "victims" excusing their unethical behavior.

From the Saipan Tribune:

“It appears that Attorney General Edward Buckingham approved the sole-source contract knowing that Michael Ada had a conflict of interest and there were ethical concerns regarding the contract. .It further appears that Gov. Benigno R. Fitial and Procurement and Supply's Herman Sablan approved the sole-source contract based on Attorney General Edward Buckingham's legal review and approval of the contract,” the resolution reads.

It also says Buckingham has an ethical duty and obligation to uphold the Constitution and laws of the CNMI at all times, “which he failed to do when he approved the sole-source contract knowing that there were ethical concerns with the contract.”

The Interior's IG investigated allegations of fraud connected to the sole-source award of the ARRA management contract to Ada's IPS. The contract award came just a few days after Ada resigned as Commerce secretary and as CNMI lead for the ARRA program, raising ethical concerns on post-employment restrictions, restraint on use of public position to obtain private benefit, and negotiating for non-government employment, among other things.

The resolution says Buckingham was also investigated for violating the CNMI Ethics Code when he hosted a political gathering at his residence for a candidate during the November 2010 election.

Too little, too late.

Even if the AG was disbarred or resigned, what about the other players?  Shouldn't an independent counsel be appointed to investigate and prosecute everyone who had a role? Doesn't the governor also have an obligation to uphold the constitution and laws of the CNMI?

Stop the Nonsense: Fix H.R. 1466!

August 16, 2011

Congressman Gregorio (Kilili) Sablan told Rotarians yesterday, "We need to stop all this nonsense." The delegate was complaining about the governor's questioning of Sablan's 4,000 estimate of foreign workers who would be "protected" under H.R. 1466.

The governor claims that 11,000 will be covered by the bill. Fitial's special advisor Howard Willens sent a letter to the House Committee requesting that no action be taken on the bill until after CNMI census figures are released.

The Saipan Tribune wrote:

Sablan also asked the delegate about his HR 1466, which proposes a “CNMI-only resident status” for a limited group of people.

“Those who will be affected are already here, and how could somebody who is already here would have additional devastating effect if 1466 passes?” the Rotarian asked.

The delegate said that contrary to elected officials' and other community members' beliefs, his HR 1466 will not provide eligibility to affected individuals to own land in the CNMI, vote in the CNMI, or participate in social services.

Sablan also reiterated that there are only some 4,000 parents of U.S. citizens who will be affected by his bill, and not 11,000 as the Fitial administration had said.

But Sablan said the Fitial administration is not sure about its figure of 11,000 when it said it wants Congress to hold off action on HR 1466 until after the 2010 Census data are released.

Why if this CNMI-only status is a mere "protection" and not meant to provide a decent U.S. status, were equally deserving foreign workers omitted totally from the bill? An estimated 12,000 of 16,000 were deliberately left out and are in a very precarious position because the congressman proposed that only foreign workers with a U.S. child or spouse deserve the  "protection" status.  What about the 12,000 LEGAL, long-term foreign workers not ever mentioned in the bill or in any of his statements? Stop the nonsense, indeed!


See also:
Message to Foreign Resident Workers, August 13, 2011
Unresolved Immigration Issues, August 11, 2011
Shameful Legislation, August 9, 2011
Written Testimony of W. Doromal, July 14, 2011, July 28, 2011
Fitial-Willens on H.R. 1466, July 26, 2011
H.R. 1466: Stepping back in time to a time that we want to forget, July 20, 2011

H.R.1466: More Spin, July 20, 2011

More on H.R. 1466, July 19, 2011

Reflections of Hearing: Nonresident Workers Oppose H.R. 1466, July 17, 2011

House Hearing: 12,000 Legal, Long-term Nonresident Workers Thrown Under the Bus, July 14, 2011

House Hearing Testimony of Susana Blas De Leon Guerrero, July 14, 2011

Enough With Good Starts, Let's Have a Good Finish, July 13, 2011

Message to Nonresident Workers, July 7, 2011
Immigration is an Issue That Belongs to Every American, July 3, 2011
Hearing for H.R. 1466 scheduled for July 14th, June 22, 2011
Delivering A Message in Washington, DC, May 10, 2011
CNMI Status Debate Continues, May 5, 2011
Let the Games Begin...or continue, April 28, 2011
Some Thoughts on Status, April 25, 2011
Sablan Introduces Immigration Bill, April 21, 2011

Man Who Threatened Rabby Syed Gets Lenient Sentence

August 15, 2011

Joaquin H. Tenorio who phoned United Workers President, Rabby Syed on February 26, 2011 and threatened to chop off his arms, legs and head, and kill his family received a sentence of only 30 days in jail for the obvious hate crime! He was sentenced to six months in prison for assault and disturbing the peace, all suspended except for the 30 days which will be served concurrently with other charges.

According to the Marianas Variety this was not Tenorio's first offense. He was also sentenced for a case involving criminal mischief.  The "mischief" was not described, but the victim was identified as Ellis Miller, the owner of a video store on Saipan. A previous Marianas Variety story describes how Tenorio was arrested with his friend, Antonio C. Norita on February 9, 2008 for scratching and denting a Ford truck at a video store. The next day while drunk the pair smashed the truck's windshield while it was parked at a residence.

Associate Judge Govendo sentenced Tenorio to five years for the two counts of criminal mischief and suspended all time except for 30 days, (minus two days that he already served) to be served concurrently with the charges in Rabby's case.


The Marianas Variety reported:

He will be placed on five years probation upon release and he will attend and complete anger management counseling and any other counseling recommended by the treatment provider of the Adult Probation Office.

Tenorio will pay $8,000 as restitution, jointly and severally liable with his co-defendants, the court said.

Tenorio will not have any contact with his victims, and will write a letter of apology to Syed and Ellis Miller.

He will pay a $200 fine, courts costs, and a probation fee.

Tenorio will cooperate in the investigation and prosecution of this case if called to do so, the court said.

What a ridiculously lenient sentence for someone who is a repeat criminal. Additionally, I find the practice of writing "apology notes" extremely offensive. Who would want to receive a forced apology?

Message to the Foreign Resident Workers

August 13, 2011

It is from the numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal or acts to improve the lot of others or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance.
-- Robert F. Kennedy

Dear Friends:

I am pleased to announce that Rabby Syed, President of the United Workers Movement-NMI, will join me and other supporters this Fall in Washington, DC to visit the offices of members of Congress and federal officials concerning granting permanent residency status to the de facto citizens of the CNMI. We will also meet with NGOs and members of the national and international press so that those who are championing immigration reform and concerned American citizens can understand the issue and the plight of the resident foreign workers of the CNMI. We believe that this effort will advance our goals to obtain permanent residency and a direct pathway to citizenship for all of the legal, long-term foreign resident workers of the CNMI.

It is time that we insist that our elected leaders and policymakers separate fleeting political, social and economic interests from those that will remain forever morally right and just. The CNMI's legal, long-term foreign resident workers have sacrificed enough for the CNMI community over the last three decades.  They must be removed once and for all from the shackles of the oppressive, disenfranchised status that they have been held in for years and up to three decades. Where people are concerned, decisions should be based on their well-being, compassion, justice and the democratic principles upon which our country was founded, and not on what is perceived to be politically or economically advantageous at the moment.

The future political, economic and social success of the CNMI is dependent upon the foreign residents being recognized as vital members of the workforce and contributing members of the community-at-large. It is time - far past time- that the de facto citizens were treated as equals. It is time that they be given the political, social and economic rights that they have earned and deserve. History has taught us that whenever a segment of society is disenfranchised, treated as an underclass, and held down by political chains, the oppressors who are denying the rights of others will also be held down because the they are holding the other end of the chains. Reform will benefit every person who lives and works in the CNMI, not just the foreign resident workers.

Every person has a choice and role when they witness social injustice. They can contribute to perpetuating the suffering of the voiceless and maintaining the status quo.  They can sit and watch the social injustice with the false notion that there is nothing that they can do or the belief that it will not impact them. They can complain about inequalities, but do nothing to change them. Or they can stand up and demand justice for themselves or others. People of conscience must stand up to defend the rights of others, especially when social injustice is inflicted upon those who are disadvantaged by the denial of political, social, or economic rights.  I invite you to join us in our pursuit of justice for the legal, long-term, foreign resident workers of the CNMI.

If you have a letter or message you would like Rabby and me to carry to our nation's capitol, you can contact Rabby at anytime or meet him Tuesday evening at the Town Hall meeting to be held at the Pedro P. Tenorio Multi-Purpose Center in Susupe from 6:00 pm to 8:00 pm. He will be there. You can contact me at doromal@earthlink.com .

Sad Discovery

August 13, 2011

UPDATED
The F.B.I. and CNMI Department of Public Safety personal are investigating the discovery of human remains that were found in the Kagman III homestead area after a dog brought a human bone to his owner's house. CNMI community members fear the remains may belong to one of two young girls, Faloma or Maleina Lunk. The young 9 and 10 year old sisters went missing from their bus stop on May 25, 2011, and despite island-wide searches have never been found.

The bones that were found near a vacant house belonged to a body that was estimated to be deceased three to four weeks.

The Saipan Tribune reported:

Many bones were subsequently found scattered near a two-storey house and in the yard of an abandoned house, belonging to the family of Mary Ann Concepcion-Teregeyo. It was at this abandoned house where the zories and underwear were reportedly found.

Residents in the neighborhood said their place is very dark at night and that they have been noticing the foul smell for two to three weeks now.

The residents said they thought the smell came from a dead dog or other animal.

The family of the Luhk sisters refused to comment to Saipan Tribune since there is no confirmation yet that the remains belong to one of the missing children. But the family said they were informed about the ongoing investigation.

Steve Moore, the FBI's supervisory senior resident agent on Guam, said it is too soon to say whether the remains are those of the missing Luhk sisters.

If the bones do belong to one of the sisters that would mean that she has been alive for months and the other sister may still be alive. The Variety reported that a Chinese woman was also reported missing.

The Marianas Variety reported:

Mafnas said they are now “arranging” the bones in the morgue and will soon conduct DNA testing.

“DNA testing will be done by proper authorities and we will do it immediately,” he added.

The lot where most of the remains were found has been abandoned for many years, according to neighbors.

The house on the lot is barely visible from the road because many trees surround it.

Located on Puteng Dr., the house is owned by the family of Tina Concepcion Pangelinan and is just a couple of blocks away from the road where a teenager was abducted by a group of men in a rape case last year.

Aside from bones some clothing articles described as those fitting a teen were found.

Saipan is known for a large incidence of domestic violence and sexual abuse cases for such a small population. There are five CNMI sexual offenders who list the Kagman III homestead area as their residence on the CNMI sexual offender website.

Such a painfully sad story.

UPDATE: The Marianas Variety reports that the bones belonged to an elderly man identified as the great grand uncle of the missing girls.  A relative said she does not believe that he died of natural causes. See story here.

Another Sole-Source Contract with Dept. of Commerce Ties

August 13, 2011

The Saipan Tribune reports that the CNMI Department of Commerce has just awarded a company called Data Talks a $15,000 sole-source contract to conduct the CNMI Government's prevailing wage survey for 2011. The mystery company is owned by NMC instructor Will Maui who was an employee of the very department that is awarding the contract -the CNMI Department of Commerce. Maui reportedly worked for the Dept. of Commerce 10 years ago.

I could find no website for this company. I searched last Friday after the story broke to see who owned the company and there is nothing. Is this another new business that was developed just for the purpose of landing a contract, much like former Secretary of Commerce Michael Ada did to land the ARRA sole-source contract? When was it licensed and what other contracts and work has this business successfully completed? Why would the Governor's Office issue yet another sole-source contract after the recent hoopla over the ARRA sole-source contract that was awarded to his political pal, Michael Ada?

A separate wage survey is already being conducted by the Saipan Chamber of Commerce and is well underway. The Chamber received a $16.500 contract from the U.S. Department of the Interior. Fitial is awaiting a $40,000 grant from the U.S. Department of Labor for the survey. Apparently this will go to Data Talks?

Why the need for two contracts when both will do the same thing - survey employers to determine 2011 prevailing wages? Maybe two surveys are needed, but I don't see the point. If this move follows the predictable patterns of Governor Fitial's Administration then we can expect after the two survey results are released the governor will argue over which figures should be followed, there will be a lawsuit, a huge battle and more delays.

As a federal tax payer I am not pleased to see this waste of federal funds and will speak to appropriate members of Congress and officials at DOL and DOI to make inquiries. Maybe it is fine for the CNMI government to constantly take federal funds because no one in the CNMI is a federal taxpayer, but I am not okay with this. Would the CNMI government would be so frivolous and wasteful if the money was coming from their coffers and people?

Coordination anyone?

I also want to know what happened with the ARRA contract fiasco. What does the USDOJ have to say about this? See these posts for more information on the ARRA contract scandal:

DOJ Continues to Investigate ARRA Contract That Violated Five CNMI Laws
Senate to Investigate ARRA Contract, August 1, 2011
There's More to the ARRA Controversy, July 31, 2011
More Problems with IPS and ARRA Controversy, July 27, 2011
Fitial, Ada and Buckingham Go National in Contract-Gate, July 27, 2011
Appearance of Federal Crime in ARRA Contract Scheme, July 25, 2011
Crossing the Line, July 24, 2011
More CNMI Corruption From the Ethically Challenged Fitial Administration, July 21, 2011
CNMI Abuses, October 26, 2010
Office of the Public Auditor Dropping the Ball? October 22, 2010
Contract Concerns Continue, October 21, 2010
OIA: "We don't want people messing with our money." October 19, 2010
Just as Suspected, October 18, 2010
Ada Steps Down as Commerce Secretary and Lands Contract From Governor, October 16, 2010

Unresolved Immigration Issues

August 11, 2011

Rabby Syed, President of the United Workers Movement-NMI, is seeking help for foreign students who are not being allowed to enroll in classes at NMC. This summer a former NMC professor informed me that foreign students were not being allowed to enroll in the Fall semester because of the November 28, 2011 deadline and visa issues.

Some of the students have already completed three years of study and will not be able to graduate if the visas issues are not resolved.

According to the Saipan Tribune an estimated 30% of NMC students may not be eligible to enroll. From the article:

UWM-NMI president Rabby Syed, in an interview yesterday, said a formal letter will be sent to DHS by next week to request a parole in place “or any kind of status” that will allow these nursing students to enroll and continue studying at NMC “while their applications are still pending.”

“I will be requesting DHS to come up with immediate relief. so these students can finish their studies. I hope DHS will not take this as a request for improved status,” Syed told Saipan Tribune.

At least 12 NMC nursing students asked NMC president Sharon Hart in an Aug. 2 letter to help allow them to register in the next semester.

“We are not sure why, now, after earlier certifying our enrollment, the Office of Admissions and Records is refusing to register us for this upcoming semester until the visas actually arrive,” the nursing students told Hart.
The students said in most cases, original F-1 visas are required for students to enter the United States.

“We are continuing students already in the United States awaiting visa renewals. Not being allowed to register will pose a significant problem for all of us if the delay causes us to miss class time,” they said.

Mr. Syed said that the students who wrote the letter to NMC President Sharon Hart are immediate relatives of a U.S. citizen. Others are foreign children of legal, long-term foreign residents who were deliberately excluded from H.R. 1466 despite the claim that the bill's purpose is "to keep families together."

Yesterday Congressman Sablan was quoted by the Saipan Tribune:

Sablan said his bill does not give U.S. citizenship but if those covered want to become U.S. citizens, they should go through the normal process just like what CNMI House members are saying.

“Nothing is automatic,” Sablan said.

He said the status that his HR 1466 is proposing is the same status that the CNMI government is already granting certain non-U.S. citizens.

The delegate also said that the CW visa to be issued to qualified workers need to be applied for-“they're also not automatic,” he said.

“Those individuals who do not have a CW visa and do not have the protection of the INA will be out of status,” he said.

Sablan said his bill addresses the status of individuals left out in the CW regulations that are expected to be released next month.

Even if the White House maximizes the allowed review period of up to Sept. 15, Sablan said the U.S. Department of Homeland Security will have ample time to process the CW visas to be applied for by CNMI employers.

“DHS has a plan on how to implement the program,” he added.

I clarified some points with a federal official today. Foreign resident workers who do not have an employer on November 27, 2011 will be considered out of status and will be deportable regardless of having no criminal record.

Congressman Sablan told the Tribune, "There will be no mass deportation of nonresident workers unless they have criminal violations, if the CW visas are not issued by Nov. 27."

From what I heard today, the final rule will be out within weeks and the CW visas will be issued by November 27. There will be deportations. Those without U.S. visas at that time will be out of status and deportable. Congressman Sablan understands this. Again, the Saipan Tribune quoted Sablan:

"Those individuals who do not have a CW visa and do not have the protection of the INA will be out of status."

Sablan said his bill addresses the status of individuals left out in the CW regulations that are expected to be released next month.

It is untrue that "the bill addresses the status of individuals left out in the CW regulations!" The congressman deliberately omitted the majority of the legal, long-term foreign resident workers from this legislation. There are an estimated 16,000 legal, long-term foreign resident workers in the CNMI. Sablan testified that his bill, H.R. 1466 covered only 4,000 of them. He left out 12,000 -- all of the foreign resident workers who are not married to a United States citizen or are not the parent of a United States citizen child.  He intentionally left out every legal, long-term foreign resident worker who is unmarried and childless, every legal, long-term foreign resident worker who is gay, every legal long-term foreign resident worker married to another legal, long-term foreign resident worker with no U.S. citizen child.

Congressman Sablan is acting like the captain of a huge ocean liner. He sees thousands of victims struggling to stay afloat after their boat capsized.  He could easily rescue every single person who will "be left out of the CW regulations", but he purposely made the unconscionable decision to rescue only those with a U.S. citizen child or spouse. Was this decision politically motivated, as many suggest? He has made no definitive statement to explain why he decided that only some will be "rescued" and the rest can drown. He has avoided speaking of those that he omitted from the bill. Since the bill only continues the CNMI status quo and provides no suitable U.S. status as provided by the INA, why did he decide to forsake the rest of the foreign resident workers?

Previously, the congressman has said, "I can't help everyone." We all know that he absolutely can help everyone. Does he mean that he doesn't want to help all who have contributed so much to the CNMI because he fears it would not be in his best political interest to help all? He absolutely could have and should have included every legal, long-term foreign resident worker to be provided this very minimal protection provided in H.R. 1466. He choose only to "protect" those with U.S. citizen relatives, perhaps because as so many have said, those relatives represent past or future supporters/voters. If he wants to, he absolutely can introduce a bill that would provide permanent residency status or if he wants to he can ask a member who supports immigration reform to introduce such a bill.

The argument that immigration is a controversial issue so "all" cannot be included also doesn't fly. If the issue of granting permanent residency status to a minimal number of legal, long-term foreign residents of the CNMI is truly so controversial, why then would the DREAM Act and comprehensive immigration reform that addresses permanent residency status with a pathway to citizenship for 11 million illegal aliens be introduced? (See the post, U.S. Senators Reintroduce Immigration Bill, June 23, 2011.)

Perhaps the argument is that a very small but vocal minority of racist supremacists who were handed blue passports a few decades ago now object to their fellow long-term community members being granted the same, so they should be placated for some incomprehensible reason?

I did not expect any foreign worker who is covered by this bill to publicly support it as it stands. Would someone be so bold to speak out for himself or herself and the 1/4 of the workers covered by the bill, knowing that many of the legal, long-term foreign residents who are not covered by this bill have worked and lived in the CNMI longer than some with a U.S. citizen spouse or child have? Knowing that equally deserving fellow foreign resident workers are excluded? Sure enough, one has actually spoken in favor of this inferior bill.  The Saipan Tribune quoted Boni Sagana of Dekada:

Boni Sagana, president of the Dekada Movement consists mostly of foreign workers, said yesterday that their members have expressed concern about the CNMI House of Representatives' adoption of a resolution that, in essence, opposes Sablan's HR 1466.

He said Dekada is now calling on its members who have relatives and friends who are in the United States mainland to start bringing the issue of HR 1466 to their respective congressmen.

“It's now out of the CNMI government's hands. The bill is now before U.S. congressmen. Those who have friends and relatives should start asking their congressmen to vote for Kilili's HR1466,” he said.

Really? Vote for this bill as it stands? Not to amend the bill or substitute a bill to include all legal, long-term foreign residents to have permanent residency status? Support a bill that perpetuates disenfranchisement and mirrors the Black Codes of the post-Civil War era!?

From a 2004 Saipan Tribune article:

Newly organized Dekada Movement aims to hold meetings with different groups of nonresident workers to fully explain itself and its petition to have eligible nonresidents in the CNMI be granted U.S. citizenship.

“We want to meet with concerned employees as a group to ensure clarity. We want to fully explain to them our intention because I know that they have many questions,” said Dekada Movement leader Boni Sagana.

Sagana, whose previous landmark case resulted in a policy change allowing nonresident workers multiple jobs in the CNMI, said that the coverage now of the petition includes those who have stayed in the Commonwealth for five years and up.

Initially, the group only enlisted those who have stayed in the CNMI for a decade and up. “Dekada” is decade in Tagalog.

“We have expanded the coverage to five years because that's the case in the United States,” he said.

...He said the hiring of a lawyer and maintaining an office had prompted the group to charge a $100 fee from enlisted people.

He said that, of the amount, $90, which can be paid in three months, would be reserved for attorney's fees, while the $10 would be used for office operations.

“This is a group effort. We can't accomplish anything if we don't contribute,” said Sagana.

Why the change of heart? What do the members say, especially those left out of H.R. 1466?  This from the group that took $100 in membership fees (a significant amount for a foreign worker) telling them that the group would lobby for green cards for all legal, long-term workers? Disappointing.

If this bill does pass (and I doubt that it will, as it is written) there will be no other status bill for a very long time, if ever. The 12,000 omitted will be forsaken and most likely will never collect the wages that were stolen from a majority of them. The "chosen ones" will remain as a disenfranchised underclass in a divided two-tiered society until they apply for their immediate relative spouses or children petition them for green cards.  Status quo for a select few to appease the few racist, but outspoken minority that want to perpetuate the CNMI system, and to hell with the rest. How does this sit with people who support democratic principles and immigration reform?

Meanwhile, I will join the United Workers Movement in continuing to campaign for ALL of the long-term, legal foreign resident workers to be granted permanent residency. I am currently seeking a member of Congress who is committed to immigration reform and justice to submit a substitute bill.

Read also:
Shameful Legislation, August 9, 2011
Written Testimony of W. Doromal, July 14, 2011, July 28, 2011
Fitial-Willens on H.R. 1466, July 26, 2011
H.R. 1466: stepping back in time to a time that we want to forget, July 20, 2011

H.R.1466: More Spin, July 20, 2011

More on H.R. 1466, July 19, 2011

Reflections of Hearing: Nonresident Workers Oppose H.R. 1466, July 17, 2011

House Hearing: 12,000 Legal, Long-term Nonresident Workers Thrown Under the Bus, July 14, 2011

House Hearing Testimony of Susana Blas De Leon Guerrero, July 14, 2011

Enough With Good Starts, Let's Have a Good Finish, July 13, 2011

Message to Nonresident Workers, July 7, 2011
Immigration is an Issue That Belongs to Every American, July 3, 2011
Hearing for H.R. 1466 scheduled for July 14th, June 22, 2011
Delivering A Message in Washington, DC, May 10, 2011
CNMI Status Debate Continues, May 5, 2011
Let the Games Begin...or continue, April 28, 2011
Some Thoughts on Status, April 25, 2011
Sablan Introduces Immigration Bill, April 21, 2011

CNMI's Ineffectual Immigration Debate

August 10, 2011

The CNMI House of Representatives adopted a resolution opposing H.R. 1466. The resolution is to "assert the local people’s rights not to have their community and culture radically changed." Huh? H.R. bill changes nothing, but perpetuate the disenfranchisement of a select group of foreign resident workers. The community and culture have already been radically changed by bringing in tens of thousands of foreign workers over the last three decades. Where have these people been living that they have failed to notice this?

If you read comments that some CNMI legislators made about H.R. 1466 you have to wonder what bill they actually read? Their arguments against the bill are unrelated to the contents of the bill.  The bill affects a mere 4,000 of the 16,000 foreign worker residents of the CNMI according to the bill's author, Congressman Gregorio (Kilili) Sablan. To be covered by the bill, a foreign worker must have a U.S. citizen immediate relative.

According to the Marianas Variety lawmakers complained that 11,000 (a number tossed about by Fitial and Willens) foreigners may get rights. No worries. The undemocratic bill proposes to keep the select-only group of foreign worker residents disenfranchised by restricting their travel and their political rights. At any rate, every foreign worker who qualifies for "protection" from the bill would already be able to apply for a green card now or in the future.

Another argument was that the 11,000 were "unemployed" and there was a concern about them getting jobs. Where do these statistics come from? Aren't the majority of the foreign workers employed? If there are some without jobs how will chaining them to the CNMI help them, their families, and the CNMI? Isn't it wiser to issue all of the legal, long-term foreign residents permanent residency status and let them decide if they will stay or go? Those with jobs would stay and continue to contribute to the community; those without could seek jobs elsewhere.

Some legislators repeated Governor Fitial's faulty reasoning that the bill would grant an estimated 11,000 foreign residents "amnesty." Amnesty is granted to someone who has violated the law. The people covered by the bill have not violated the law. Get it right!

Rep. Felicidad Ogumoro stated, "...if nonresidents will outnumber the indigenous population of the CNMI, “the vision of economic self-sufficiency and self-governing Chamorros and Carolinians will not be realized.” This woman's constant supremacist rants are unfounded and tiring already.

Meanwhile Frolian Tenorio continues his own delusional rants suggesting that the Republicans will dominate the U.S. Congress over the next few years and the CNMI will regain control of immigration.  It does not matter which party is in control of the U.S. Congress, the CNMI will never regain control of immigration.

Tenorio was the governor who first hired felon lobbyist Jack Abramoff in 1995 and led the CNMI in wasting $11 million in lobbying fees in an effort to prevent federalization of CNMI immigration and minimum wage.

Tenorio told the Marianas Variety that it seemed to him that the Democrats "hated us."  Huh? Over the years billions in federal tax dollars have been tossed the way of the CNMI. Not much hatred is demonstrated in that action is there?  Wanting to end a dysfunctional local immigration system was not based on hatred, but on justice and democratic principles. Rep. Tenorio and every CNMI legislator should read P.L. 110-229 and the Senate report on the bill that explains its purpose.

The report discusses the development of an unsustainable two-tiered society; ineffective immigration/border control; the persistent pattern of exploitation and mistreatment of aliens; and the huge population growth resulting from local policies and practices has overwhelmed the infrastructure and contributed to significant socio-economic impacts. It also states:

Elements of the CNMI's immigration policy are also simply inconsistent with Federal policies. Among these is the Federal policy that persons admitted into the U.S. to fill permanent jobs do so as immigrants with the ability to become U.S. citizens and full participants in the political process. 

Congressman Sablan and Governor Fitial should read the report also. The U.S. Congress never intended for there to be a CNMI-only status or to keep a segment of the population permanently disenfranchised.