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Wishing you all a Dream-Come-True Year for 2012!
2011, A Year of Attacks on American Principles
December 29, 2011
This year will be remembered for the decline of civil rights, constitutional rights, democracy and justice in the United States of America. Who we claim to be as a nation is no longer who we are. We demand that other countries maintain principles that are no longer consistently upheld in our own country.
The attacks that have weakened our country's basic belief system have not come from some civilian rebels or external forces. They are the result of the deliberate and mean-spirited actions of politically-motivated elected "leaders" who were entrusted to uphold our American principles. Assaults on voters' rights, workers' rights, and immigrants' rights grew from Republican agendas aimed at advancing their power and control as they trampled democratic principles and fundamental freedoms.
Some attempts to hold back the political wave of destruction is evident. The U.S. Department of Justice has rejected states' voting proposals to require photo ID at voting booths, limit early voting and other restrictive measures that have been proposed by Republican majority legislatures. Redistricting maps that would suppress the Black and Latino votes and run counter to the Voting Rights Act are being challenged in Michigan and Texas. The U.S. Department of Justice has also filed lawsuits against states that have attempted to preempt federal immigration law by enacting oppressive state laws that target immigrants. If the CNMI's new immigration-labor law proposal passes, it too could be challenged.
The most significant push back may have been from those living and working in the U.S. – the angry citizens and oppressed de facto citizens considered the 99%. The elected officials who stuck it to workers, attempted to weaken unions and passed mean-spirited legislation are now facing recall across our nation thanks to grassroots groups composed of the outraged citizens that they attempted to silence. In 2011 Occupy Wall Street, a protest against greed and corruption, grew across the nation spreading to numerous U.S. cities. It even reached across the ocean to the CNMI as Occupy USCIS was established to demand rights for the foreign workers. Occupy DC is planning to Occupy Congress in January 2012. Expect the mild protests and outrage of 2011 to reach a boiling point and explode in 2012.
Of course, it has not just been the state officials who have chiseled away at our nation's principles. Members of the U.S. Congress have also become the destroyers, rather than the defenders of democracy and justice. The American people have had to watch helplessly as our "leaders" employed childish brinkmanship and partisan political games, even as the quality of life for the average American continues to plummet. The 112th Congress has produced no significant bills in 2011, even as Americans face financial, health and retirement disasters on both societal and personal levels.
Members of Congress belong to an elite group with the vast majority being wealthier than the average citizen. They appear oblivious to the need for legislation to address our country's woes as their wealth and power creates distance from the needs of the typical struggling American. In 2011 we witnessed criticism of a Democratic health care bill, but a workable alternative from the critics has not been introduced. We heard "leaders" blaming the current Administration for job loss, but instead of passing legislation to grow jobs, we have seen legislation aimed at reducing the length that a jobless person can collect unemployment benefits. Instead of working together to pass a balanced budget, members of the U.S. Congress have behaved like a gang of teenagers playing Russian Roulette with the American peoples' lives. In August 2011, these elected officials managed to get the U.S. credit rating downgraded for the first time in history as they argued like spoiled brats about the budget. Instead of acknowledging that revenue must be raised in the form of taxes, the majority wants to keep taxes unjustly low for the wealthy and corporations while the poor and middle class continue to carry the burden and suffer under its weight.
A recent poll showed that 76% of the American people think that the present members of Congress should not be re-elected; they have earned only an 11% approval rating in another poll. Why have the American people allowed our Congress to become our nation's powerful and rich aristocratic body that functions primarily to benefit the special interest groups that fund their re-elections? Today only those with power, established political ties and wealth can run for office and get elected in the U.S. What is democratic about this?
Amidst all of the political mess and Washington games, for me the biggest disappointment of 2011 has been the fact that members of Congress who have become proud and outspoken advocates for the rights and improved status of the oppressed immigrants in our country, have shamelessly reversed their progressive stand by supporting H.R. 1466.
In May 2009 I participated in an Immigration Roundtable with members of the Hispanic, Progressive and Asian Pacific American Caucuses. The central message, continually repeated at that gathering was, "We must not attach isolated reform measures to bills that would address only one issue in a piece meal fashion. Rather, we need to pass comprehensive immigration reform that embraces all immigration issues including the DREAM Act, visa issues and even CNMI green cards for nonresidents." So how did these members –Gutierrez, Napolitano, Velazquez, Baca, Honda, Grijalva, Gonzalez, Chu, Sablan and others– come to betray the legal foreign workers of the CNMI? These immigration champions should be the ones supporting permanent residency for and a pathway to citizenship for the CNMI's 16,000 legal, long-term foreign workers, yet they are the very co-sponsors of H. R. 1466, a restrictive and oppressive immigration bill.
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 some (only some) of the CNMI's legal, long-term foreign resident workers. 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 and now I watch in amazement as those who call themselves the immigration reformists attempt to revive them.
Since April 2011 I have questioned how outspoken members of Congress who advocate for an estimated 11 million undocumented aliens in the U.S. mainland to be provided with a pathway to citizenship, can co-sponsor a bill that would deny the same status for the CNMI’s estimated 14,000 to 16,000 legal aliens. I have received no answers.
We cannot expect any Congress in the near future to embrace comprehensive immigration reform when members of the present 112th U.S. Congress are looking at immigration as a segmented issue where each state and territory can have its own separate and restrictive immigration status and rules under the INA. If H.R. 1466 passes as it stands, it will set a dangerous precedent making it possible to see an Arizona-only status or Alabama-only status, further weakening our immigration system. If H.R. 1466 passes as it stands, it will maintain the very status quo that P.L. 110-229 attempted to end. It will continue the two-tiered society where the estimated 1/4 that are covered by the bill will continue to have their travel restricted and remain disenfranchised even after decades of legal residence. If H.R. 1466 passes as it stands, a staggering 3/4 of the total CNMI foreign worker population, equally deserving long-term workers, will remain excluded from any upgrade in status or protections of any kind. This is how congressional members view the CNMI's legal foreign workers, the people who have contributed to the economic and social well-being of an American community for years and decades in 2011.
As a person who supports justice, equality and democratic principles, I cannot and will not support H.R. 1466 unless it is amended to include all of the legal, long-term foreign workers and provides permanent residency, not some inferior and restrictive CNMI-only status. I cannot and will not support or defend any member of Congress, any congressional staffer or any member of the Administration who supports this bill as it stands or defends it with excuses like: "This is all we can get expect from this divided Congress", "This Congress doesn't want to address immigration issues", or "We are lucky to get anything passed."
After P.L. 110-229 was diluted to the detriment of the foreign workers and supporters of democratic principles, I accepted the officials' apologetic excuses and false promises that another bill recommending status would follow. After the November 2007 mark-up hearing, against my better judgment, I supported P.L. 110-229 even though I knew it was seriously flawed because it lacked a status provision that would grant permanent residency to the CNMI's legal long-term foreign workers. I believed officials who promised me that a status bill would follow. They failed to fulfill their promise. I will not make the mistake of supporting inferior and potentially damaging legislation ever again.
I am an educator. I have heard all of the excuses. I return inferior work as many times as I have to until it is refined to reach the level of acceptable quality product. I expect nothing less than quality, effective products from elected officials. Members of Congress owe it to the American people to produce quality legislation that will move our country forward to the benefit all of the people who live and work here.
America is only as great as we, the people, demand it to be. Our Congress only acts as we, the people, allow it to act. I believe that Americans deserve and expect more than what this Congress has given us. We expect our country to progress, not to regress. We require reform, not excuses. We deserve legislation that reflects and strengthens our fundamental American principles of justice, equality and democracy; not legislation that conflicts with and weakens these ideals. We need policymakers who are committed to doing the right thing in every official action, not to doing what is easy or convenient. We are worthy of officials who view their elected position as a responsibility to advance the people's agenda, not as an opportunity to advance their own personal power and wealth.
It is time that the American people take back our government and make our voices heard. May 2012 be the year that we see a revival of democracy, justice, civil rights and constitutional rights for every person who lives and works on U.S. soil. If not, for most, the American dream is truly dead.
December 22, 2011
She said, "That's probably how we ended up with this large, unemployed foreign population.” Of course, advocates, concerned members of the U.S. Congress and federal officials have been pointing out the flaws of the CNMI system for decades, while CNMI officials called us liars, hired lobbyists to maintain the system, and claimed in Fitial's anti-federalization lawsuit that the CNMI system was a better system than the federal one.
Finally, a former hearing officer, one who formerly defended the system and helped to cover up the flaws, has stepped forward to admit that the deficiencies of the system contributed to the critical immigration and labor fiasco in the CNMI that must be justly addressed.
Kara also told the conference that foreign workers are "being exploited mercilessly through sponsorship schemes." The Saipan Tribune quoted her:
“As a hearing officer, I saw sponsorship schemes day in and day out.it was just real apparent to me, how much of it was going on,” said Kara.It is not only "wrong", I am fairly certain that the action of the scammers is also criminal. Will the United States government actually do something now to stop this abuse or will they act as they have for the last three decades and generally ignore and allow these abuses? There is no way that $6.1 million in unpaid judgments could accumulate if federal government officials had done their job. There is no way that thousands of foreign workers could come to work on U.S. soil and leave as penniless victims if the U.S. government had ensured justice for the victims. How many foreign workers will be scammed; how many scammers will walk before the criminals are stopped?
“What I'm angry about sponsorship is that it's a matter of preying on the most vulnerable segment of society for pure financial motive,” she told Saipan Tribune. “Rip off the people who are desperate, basically. To me, that's just wrong.”
While many had hoped that the sponsorship industry will go away with the federal takeover, Kara emphasized that “it's alive and well.”
“I'm hoping USCIS will weed it out but it's going to take them awhile because these adjudicators are in California and they don't really understand the CNMI reality,” said Kara, adding that she believes they will “go pretty easy” and “lenient” on CW applications on the first year.
CNMI Governor Questions, "Does the federal government have a problem with brown people?”
December 21, 2011
The U.S. government may have many flaws, but racism is not one of them. I think that Governor Fitial may have forgotten that the President of the United States is "brown." Doesn't he know that there are "brown" people in Guam also? "Brown" people all over the United States? This just may be the most outrageous of many outrageous statements that the governor has made while in office!
Officials and federal employees in Washington, DC follow the antics of Fitial. He provides regular comic relief and is a source of entertainment for some in our nation's capital. Of course, they are not directly impacted by his missteps and ignorant and racist remarks. However, I am sure that the people that he represents and those affected by his bizarre decisions, spin-off from outrageous statements and backlash from his constant attacks on the federal government are not laughing.
The outrageous statements did not stop there. For months there has been a debate concerning Governor Fitial's action to cut the hours of federally-funded personnel to align with the cuts in his austerity program. Some of the employees are funded through grants that are overseen by the Department of the Interior, specifically the brown tree snake and coral reef initiatives. Assistant Secretary for Insular Affairs Tony Babauta stated that the Solicitor General is reviewing the governor's action, since the grants fall under the authority of his office.
Other employees who have had their hours cut are funded under the federal Food Stamp Program. I can see no way that Governor Fitial has the authority to cut their hours. I would suggest that the federal government investigate the spending under this federal program to ensure that money is not being diverted to the CNMI government and away from the program and to ensure that the program is functioning at full capacity to provide the best service for its clients.
Fitial claimed that he was imposing the cut in hours on the employees who draw their salaries from federal funds to improve "morale" and in "fairness" to local government workers. Some federal officials have another take. Regarding DEQ/EPA grants, a spokesperson from the Federal Regional IX Council told the Variety:
It is important to point out that the vast majority of federal grants do not provide “up front” money.Maybe the CNMI Government has no more pots to dip in to pay the personnel? It looks like someone has already taken money from the tax rebates and numerous other sources.
Local governments must “advance” initial grant program operating money and as expenses are accrued the local grant manager submits invoices to a federal grant officer for approval and reimbursement; a continuous “spend and reimburse” feedback loop.
Numerous FRC department officials commented on the condition of anonymity that the lack of local funds to “advance” to the locally administered grant programs was the factual reason for applying austerity to fully federally funded employees.
“If money doesn’t get spent, it doesn’t get reimbursed by the granting agencies — simple as that,” was the common explanation.
Also in play is the possibility that since the NMI is establishing a lower baseline of used grant funding, the federal granting agencies will come back and award lower amounts for future grants.
Region IX grant officers stated this outcome was a distinct possibility considering the current push by Republicans to slash government spending in Washington, D.C.
Fitial maintains that he has the authority to impose the 16-hour pay period reduction austerity measures on the federal-funded employees, while others argue that he does not. The Variety confirmed that the federal regional office has no knowledge of a written or verbal request for reprogramming DEQ/EPA grant funds.The governor countered that he had permission from Jared Blumenfeld at EPA:
“I have approval from Jared Blumenfeld at EPA. John McCarroll is dumb; he doesn’t know what he’s talking about…he just sits in the back of the meetings with his hands folded.”A few weeks ago he called award-winning immigration attorneys "jerks". Yesterday he insulted EPA officials. I am sure these officials have already received numerous emails with links to Marianas Variety stories. Will the EPA be awarding future grants to a locale where the governor attacks the federal government, the funder, and the federal personnel?
The governor told the Variety:
“I have approval from Jared Blumenfeld at EPA…. John McCarroll is dumb; he doesn’t know what he’s talking about…he just sits in the back of the meetings with his hands folded.”Previously Lt. Governor Inos told the Variety that the governor had received no written approval from grantors to cut the hours of the federally-funded employees at DEQ. So what is the truth?
Every federal grant has specific spending, reporting and accountability requirements, but all have some commonalities. As a grant writer and program manager who has received over $1 million in federal grant funds for my school and district programs that I oversee, I know that money can be shifted within a federal grant. Money can be moved from one line item to another after the grant recipient makes a formal request and justifies the reason by proving that it fulfills the goals of the grant and would be beneficial. No budget shifts would be made if the grantor believed that it would hurt the implementation of the grant or impede the overall goals. He would not get permission from grantors to move federal funds to the CNMI government's coffers for unrelated expenses.
Still, what the governor is saying about having permission to move line items within a grant may be correct. He may have requested and received permission from Mr. Blumenfeld to shift funds from one line item to another, but I am sure this would require formal paperwork. If the governor has such written approval why wouldn't he show it to reporters and affected personnel to stop the debate?
Another problem I see is that when applying for a grant, the salaries have to be justified. The applicant and funder would have to agree on how many employees are needed to carryout the duties to implement the grant. If the governor is saying that the grant can be carried out with less employees or employees working less hours, then next time the CNMI applies, it may not get funding for as many employees or full time employees.
The EPA primarily has concentrated efforts on EPA violations that CUC has accumulated as a result of illegal disposal of waste oil and other problems. The agency also increased the CNMI's wastewater and infrastructure funds from $268,800 to $5.17 million and the CNMI's drinking water infrastructure funds from $764,000 to $6.1 million. Of course, trained personnel is required to oversee the funds and related projects.
It is difficult to evaluate this debate since like all Fitial dealings, this is cloaked and secretive. If he is telling the truth, he merely has to produce the letter from Jared Blumenfeld granting permission to cut hours. (Contact information for EPA Region 9 District Administrator Blumenfeld is on this webpage.) Fitial should also produce documentation stating that he has permission to apply austerity hours to any other federally-funded employees, such as those under the Food Stamp Program. Perhaps he has no documentation or enjoys the debate and controversy.
No Jury of Peers in CNMI Often Means No Justice for Foreign Victims
December 20, 2011
In a locale where the majority, or at least half, of the adult population is made up of disenfranchised foreigners can anyone expect justice in trials involving a foreign national if none of the foreigners are represented on juries? I say that is seriously doubtful.
If a foreign national commits a crime the sentences that are often handed down are more severe than if the crime was committed by an indigenous individual. If a foreign national is a victim of a crime there is a big chance that the criminal abuser will not even be prosecuted. Such was the case when former Saipan DPS officer Jesse Dubrall brutally beat an innocent Chinese worker. Such was the case in hundreds of other incidents. If the case is actually prosecuted, then the victim should not count on a jury coming up with a guilty verdict against an indigenous resident who committed a criminal act. If by some remote chance a jury does find the individual guilty, then expect a lenient sentence that may including the additional insult of a judge-ordered apology letter to the victim. Sure there are some exceptions, certainly in cases where the evidence is overwhelming and witnesses can collaborate, but in too many cases justice is not met for a foreign national in the CNMI.
Yesterday a jury, not of the victim's peers, found the Saipan Grand Hotel not responsible for the sexual harassment of a singer who was allegedly attacked by hotel's restaurant manager. The police were called after the attack, but apparently the case was not prosecuted.
This is not the first time the Tan-owned hotel was sued for sexual harassment by female employees. In 2004 female kitchen help filed an EEOC complaint against the hotel for sexual harassment at the workplace and won a large settlement.
This EEOC complaint against the Saipan Grand Hotel includes a statement that is so typical of many CNMI rape and sexual assault cases, including several where I personally knew the victims. When exposed, the alleged attacker attempts to get rid of the victim. From the complaint:
"After the sexual harassment occurred, Defendant Employers attempted to cover up the incident by trying to coerce Bunoan into leaving the CNMI by threatening to make a falseA review of the briefs, declarations and other case files reveal that the attorneys for the hotel attempted to vilify the victim and excuse the sexual assault by saying that Roberto Alegre, the accused, was romantically involved with the victim.
report to authorities regarding her immigration status."
The jury, not of her peers, came up with a not guilty verdict.
There is no other place on U.S. soil where the foreign population is so proportionally large, so oppressed, and so routinely denied of justice and basic rights.
Some Things Cannot be Erased
December 19, 2011
From the Marianas Variety:
H.B. 17-52, or the Restoration of Rights and Expungement Act, will erase the records of criminal offenders so they can be “responsible citizens who can hold office” again.Such a despicable and corrupt CNMI mentality. Must have made all of Fitial's felon friends and Representative Ray Palacios who was arrested for trafficking methamphetamines so happy. Reminds me of how the CNMI Department of Labor announces every so often that all past labor cases are magically erased. Tomorrow perhaps they will discuss how to erase the memories of the voters.
The measure will allow an ex-convict to petition the court “for a restoration of his or her rights in the case of a felony or expunge all records in case of a misdemeanor.”
Once expunged of his criminal records, the ex-convict can work in the government and run for office.
CNMI Running on Empty
December 19, 2011
I read an article about projections of the CNMI deficit with amazement. Lt. Governor Inos predicts that there will be a $15 to $20 million deficit in the CNMI budget next year. He also stated that the cumulative deficit was over $300 million including money owed to the retirement fund. A report prepared by the First Hawaiian Bank shows a bleak economic future for the CNMI. Not good.
This is a truly mismanaged and incompetent government. Where are the local property taxes, income tax or sales tax to bring in revenue?
The decline in tourism, decline in population and the decline in available jobs, as more and more business close their doors, is a recipe for disaster. Last week Tony Babauta, the Assistant Secretary of Interior told CNMI officials to brace for less CIP federal funding. The CNMI should not expect any bailouts from the U.S. taxpayers.
The elected leaders should be acting in crisis mode and determining how to raise revenue. Here are some hints. Revenue can no longer be raised off the backs of oppressed foreign workers. It cannot be raised by passing a revenue-generating but unconstitutional immigration bill masked as a labor bill. And it cannot be raised by putting out the hand that is not being used to stab Uncle Sam in the back. The CNMI government better get it together quickly.
Government employees can expect more layoffs, more delays in pay and more cuts in hours. The CNMI can also count on a continued decline in tourism as many may opt for a vacation spot that has less crime and more aesthetic appeal. Vacant, rundown or boarded up buildings (especially ones with racist graffiti) are not pretty to tourists or investors.
I suspect that the foreign workers and residents who have not received their tax rebates or past stimulus checks may never receive them if they do not push the issue. It appears that the money that should have been set aside for rebates has been shifted to fill voids in other budget areas. Maybe payroll? Who knows? Perhaps the money is being used to fund Fitial's lobbyists in Washington, D.C.
Governor Fitial is asking Senator Lisa Murkowski to help with securing a $100 interest free loan from U.S. taxpayers for exploration of geo-thermal energy for the CNMI. Interest-free? This taxpayer opposes the plan to give the CNMI even one more penny of our federal tax dollars for this type of noncritical needs while the U.S. citizens in the states are forced to take pay cuts and suffer the results of other budget cuts. This is especially offensive since no one who lives in the CNMI even pays federal taxes. Additionally, the CNMI does not possess the credit standing to be given an interest free loan that will most likely never be paid back.
It is ironic that so many of the CNMI leaders request "special" treatment or independence from the federal government (at least where laws are concerned), but the CNMI is close to a total welfare state dependent on federal handouts. Where is the dignity in that equation?
Foreign Workers Holiday Party
December 18, 1011
Some photos from the foreign worker holiday party by photographer, Itos Feliciano. Thanks Itos!
CNMI Department of Labor Supports Preempting Federal Law
December 18, 2011
The bill would require aliens to register with the CNMI government (a federal immigration issue, not a local labor issue) and would have impose fines and jail time for those who do not register. It would require employers to ensure that foreign workers pay their medical bills at CHC and requires employers to garnish wages up to 25% if the employee has an outstanding bill. This is outside the scope of an employer making the employers of aliens collection agencies for the CNMI government. The proposed bill is also discriminatory in that aliens who do not pay bills would have their names published in the media, yet U.S. citizens who do not pay bills would not have their names published.
The bill would require aliens to have a physical exam in the CNMI; requires a workforce participation goal; unannounced and warrantless inspections by DOL personnel; and stiff sanctions, penalties and fines for employees and employers who violate the provisions. The bill is a repellent to alien workers and to foreign investors. It is basically a revenue-generating bill that preempts federal immigration law.
Recently, it was reported that the CNMI Department of Labor is investigating whether or not CNMI employers are in compliance with USCIS rules. DOL Director Alfred Pangelinan (the new Kaipat?) stated in a press release published by The Saipan Tribune:
“We are looking at how employers sought U.S. citizen applicants. USCIS rules require a reasonable effort to locate qualified U.S. citizen applicants, and we are finding ads that do not comply with this standard,” Pangelinan said.Many employers request initial email resumes so they can screen them for qualified applicants before setting up interviews. Why should employers waste their time and the applicants' time conducting face-to-face interviews with those unqualified for a position? I am fairly certain that this is not a violation of USCIS rules.
He referred to ads that have been determined to have failed the “reasonable” standard because they were intended to discourage rather than encourage U.S. citizens from applying.
“Some employers make themselves obscure in their job announcements, like 'we are just advertising for the sake of compliance with the law but we really do not want you to know who we are or see you. Just send your resume by e-mail' (another obscure e-mail address)-that kind of thing,” Pangelinan said.
The press release from the CNMI DOL further stated:
The CNMI Labor Department has always had jurisdiction to enforce federal labor laws, Pangelinan pointed out. The department will enforce the CNMI reasonableness requirement just like it enforces the federal minimum wage laws and other federal labor laws.The CNMI Department of Labor can enforce local labor law. The U.S. Department of Labor enforces federal labor and immigration law. The CNMI Department of Labor has no jurisdiction over immigration law. If they want evidence, then the officials may want to read the lawsuits that the U.S. Department of Justice has filed against Arizona, Alabama, South Carolina and Utah –all states who, like the CNNI, attempt to preempt federal immigration law.
“The department is reviewing ads for compliance with CNMI law and federal rules and will be providing 'negative information' to USCIS with respect to ads that do not meet reasonable standards,” Pangelinan said.
USCIS considers negative information in deciding whether to grant an application to employ an alien under the temporary permit system.
“In addition, of course,” Pangelinan said, “current CNMI law requires all employers who intend to employ aliens to advertise the job on the Labor Department's website. Failure to do so will result in a citation and a fine if a Labor Department enforcement officer finds this violation. Once a hearing officer hears these cases, the order (as negative information) can be sent to USCIS as well.” (Labor)
After the U.S. DOJ filed the lawsuit against the state of Utah for its immigration law that is preempted by federal law, U.S. Attorney General Eric Holder stated:
The federal government has the ultimate authority to enforce federal immigration laws and the Constitution does not permit a patchwork of local immigration policies. A state setting its own immigration policy interferes with the federal government’s enforcement efforts.The CNMI Department of Labor probably cannot legally require all employers who intend to employ aliens to advertise on their web-site. That is not a federal requirement and the immigration (hiring of alien workers) falls under federal rule, not local rule. It appears that the CNMI Department of Labor just cannot give up it's authority over the alien workforce even though PL 110-229 took that power away. Maybe it will take a U.S. Department of Justice lawsuit to make them understand.
“A patchwork of immigration laws is not the answer and will only create further problems in our immigration system,” said Attorney General Eric Holder. “The federal government is the chief enforcer of immigration laws and while we appreciate cooperation from states, which remains important, it is clearly unconstitutional for a state to set its own immigration policy. We will continue to monitor and coordinate with our federal partners as we remain concerned about the potential impact of these state laws.”
“This kind of legislation diverts critical law enforcement resources from the most serious threats to public safety and undermines the vital trust between local jurisdictions and the communities they serve,” said Department of Homeland Security Secretary Janet Napolitano.
If there was an award for the most corrupt and un-American agency on U.S. soil the CNMI Department of Labor would qualify as a top runner. Check out their website to see how sleazy this agency is. The CNMI government stood by while thousands of foreign workers were routinely cheated and then when exposed by the Ombudsman and advocates who gathered CNMI DOL Administrative orders and unpaid judgements proving that $6.1 million was stolen from the workers, this corrupt agency wiped their slates clean of all past cases by merely publishing notices saying the cases were closed.
Does the CNMI government seriously think that the workers will forget that they were robbed with the blessing of the CNMI government? Look at this May 2011 list of DOL-wiped out cases, NOTICE OF CLOSURE LABOR CASES AND APPEALS. There was also this March 2011 DOL-isuued notice, NOTICE OF CLOSURE UNPAID AWARD AND BOND CLAIMS, that magically forgave all of the criminal employers and screwed every victim alien worker that cheated while the CNMI government did nothing.
While the CNMI DOL did little or nothing to ensure justice for the thousands of cheated alien workers over the three decades that they were victims of abuses and routine wage theft, the DOL is aggressive in ensuring rights of U.S. citizens workers. The discrimination in the way this department treats workers is evident is the Citizen Job Opportunity Notice that the CNMI DOL posted in September 2011. It reads in part:
Employers are required to consider qualified citizens fairly. If you are refused consideration, believe that you have been rejected unfairly, or find that a job has not been posted on the website, you can file a complaint with the Department of Labor, and our investigators will examine the employer’s records and summon them for a hearing if necessary.It appears that the CNMI DOL policy is to ensure fair and just treatment for U.S. citizen employees and to screw the alien workers by ignoring and even dismissing their unfair treatment. The host countries must be informed of the wage theft and the double standard so when the CNMI government successfully removes all aliens that they deem "illegal", no new ones are ever sent to this unjust, discriminatory dot in the ocean that claims to enforce U.S. law.
Of the People, By the People, For the People: Not in the USA
December 16, 2011
I have letters from members of the U.S. Congress and from officials who served in the U.S. Departments of Labor, Interior, State, and Justice dating back decades. I also have a letter from President Bill Clinton that was a reply to a letter and petition that I sent to him. Over the years, I have received phone calls from a variety of officials, including one from Eric Holder who was serving as U.S. Deputy Attorney General. He asked questions and advised me on inquiries I made in a letter I had written to U.S. Attorney Janet Reno concerning the violation of civil and human rights of the CNMI foreign workers.
Today I have come to realize that if I submit testimony; write a report or letter; send an email; or make a call to the office of a federal official (excepting some congressional staffers and USCIS personnel), it is most likely only for purposes of documentation because typically no one will reply, or too often the reply is unrelated to the concerns in the letters. The U.S. Department of State and Labor have sent some truly ignorant replies to letters, indicating that the author had no knowledge of the CNMI, PL 110-229, or the transition from CNMI to federal immigration. Their responses also prove that the authors had no intention of researching the issues in order to give a proper response.
In late November 2011, I received a letter from Rep. Marcia Fudge (D-OH) in response to a July 2011 letter I wrote concerning HR 1466, which she co-sponsored. The entire letter from Rep. Fudge discussed the the Ross-Issa Postal Reform Act and thanked me for contacting her office about the act. I have no clue what the Postal Reform Act is and truthfully, I do not really care. I do care that her office sent an inappropriate and unrelated response to my letter. I care that there is an over abundance of incompetence and waste in federal offices. I care that the disconnect between the American people and our federal officials, including our elected leaders, has grown to totally unacceptable distances with impassable roadblocks, which cannot be navigated by an individual citizen.
In 1863 President Lincoln stated that the "government of the people, by the people, for the people, shall not perish from the earth." Almost 150 years later there is no such government in the United States of America. We are so far from that principle that we may never again see a time when our government functions with the people's voice as an essential element.
In October 2011 the 112th Congress received an approval rating of 9%. The U.S. going communist received a higher approval rating at 14%. This 112th Congress has under-performed to even exceed the nonperformance of the do-nothing Congress of 1948. The 112th Congress is so dysfunctional and incompetent that one has to wonder why we are paying the salaries of these politically motivated and self-serving members. The average member of Congress is interested more in his own re-election than in the best interest of the people of our nation.
There are few, if any, statesmen left in Washington. As I have said many times over the last year, it appears that possession of a conscience, moral values, commitment to the public good, and support for basic American principles are merely sound bites that too many members of the U.S. Congress use only while on campaign trails and discard with a wink when they enter the Halls of Congress. It appears that too many staffers echo the excuses of their bosses who so nonchalantly cast American principles aside to follow a political agenda that is simply a road map to their re-elections, a road-map that is leading our country over a cliff.
Our government is ruled by lobbyists who represent corporations, Wall Street and the wealthy. We are doomed as a nation if this trend is not stopped immediately. The CNMI's foreign workers can expect no justice from these excuse-making, finger pointing brats on Capitol Hill. I am not even sure that an election will make a difference at least for the CNMI's foreign workers since even when the Democrats had control they did nothing to address their plight.
Now it is reported that Congressman Sablan will "make changes" to HR 1466 to please Governor Fitial and his Republican allies.
The Saipan Tribune quoted the governor:
Fitial, now president again of the CNMI Republican Party, said he will give his proposed bill to Sablan because “he's the only one representing us there.”Both Fitial and Sablan share one basic misconception. The "people" within a district, territory, state or nation are all of the "people" of that particular society. The "people" of the CNMI are all of the "people"– not just the voters, not just one race, not just the indigenous population, not just those who are U.S. citizens, not just those with U.S. citizen relatives, but all of the people who live and work within the community. Every person who lives in the CNMI should be regarded as "the people" and "protected".
“I don't have any ill-feeling against Kilili. He's got a problem. He's not really working and protecting his people. That's why I told him, 'don't say that I don't have a heart for people. I do have a heart for people.' This heart now belongs to the people who trusted me to serve them,” he said.
Fitial said he will wait “until it's very clear that 1466 will not be entertained” before he gives his proposal to Sablan.
When asked whether he would also consider supporting HR 1466 if Sablan addresses his concerns on the bill, Fitial said “sure.”
“You know my concern. I don't want these pregnant mothers who came here and deliver babies and wait for Kilili's bill to become reality. Those are the groups that I will never support because they are burdens. You know my definition of burden-people who do not work or people who work illegally and do not contribute (not pay taxes). PL 110-229 is intended and designed to do just that-to get rid of burdens,” he added.
The foreign contract workers did not go to the CNMI to have babies as Governor Fitial suggested. They went to the CNMI because they were legally recruited to work there. It was the CNMI's policy of allowing renewal for years and decades that allowed these foreign workers the time to marry, have children and raise families as de facto citizens and disenfranchised community members. Fitial suggests that those parents of U.S. citizen children who are unemployed should leave just as the long term foreign workers with no U.S. citizen connections will be forced to leave under HR 1466.
The CNMI foreign workers did not invade the CNMI or enter the islands illegally. They were recruited to fill jobs that there were not enough U.S. citizens to fill. They were continually renewed for years and decades. They have kept the economy afloat as they contribute their skills and labor, pay taxes and stimulate the economy with purchases. They are essentially de facto citizens who deserve to have their status improved to permanent residency status. If they are granted permanent residency status then those who are employed and treated well will opt to stay. Those who are unemployed or are just plain sick of being pawns in political battles, fed up with being targets of racism and discrimination or have had enough with the ill-treatment and stolen wages can leave. That would solve the problem of the unemployed "burden" that Fitial suggests exists in the CNMI.
Should we expect that HR 1466, the inferior bill that mocked the principles of our nation, will now be made even worse? HR 1466 was already an unsuitable crumb that was tossed to 1/4 only of the total number of legal, long-term foreign workers. What will it look like after it is altered to please the congressional Republican members who are clueless about the history, the reality and the plight of the legal, long-term foreign workers? It may just transform from a crumb to an even more politically poisoned crumb. Where is a moral member of Congress who will stand up for American principles, democracy and justice and introduce legislation to benefit the majority of the legal, long-term foreign workers?
HR 1466 Removed From House Calendar
December 15, 2011
Fitial told the Saipan Tribune that he is pushing for an H-5 visa or "employment-based" visa for foreign workers with U.S. citizen children or spouses rather than a status upgrade. The intent of PL 110-229 is clear. It mandated the U.S. Department of Interior to report to the U.S. Congress by May 2010 with a recommendation of status for the foreign workers –not a work visa, but status.
Fitial claimed that "the bill was created and sold with inaccuracy and dishonesty" according to the Marianas Variety. The governor claimed it would affect 10,000 aliens and serve as a blueprint for amnesty in the U.S. With polls showing that the majority of Americans support permanent residency and a pathway to citizenship for the 11 million undocumented aliens in the U.S. mainland, what member of Congress would support legislation that is specific to a state or territory (chains them to a region), offers only disenfranchisement and excludes specific categories of equally deserving workers?
Fitial stated that the bill could harm the economy. Apparently this is the argument that many of the aliens with U.S. citizen children or spouses are unemployed. Of course, if both Fitial and Sablan supported permanent residency for all of the legal, long-term workers those without jobs would be free to leave. Fitial argues that many of the aliens are hired for low entry level jobs that could be filled by the CNMI's U.S. citizens. Giving these aliens permanent residency would free them to exit for the U.S. mainland opening positions for the U.S. citizens who previously shunned them for high paying government jobs.
Fitial has no right to argue about low wages when he fought to keep them low!
Fitial also falsely claimed that HR 1466 is amnesty. Please. The bill would only grant some of the population of legal, long-term foreign workers with U.S. citizen children an inferior CNMI-only status that chains them to the CNMI by restricting travel, and maintains their disenfranchisement. That is not amnesty. It is also not even democratic or just.
Fital also was dishonest in minimizing the fact that $6.1 million is owed to the foreign workers. He claims that these outstanding debts were adjudicated. Over the years the CNMI Department of Labor made announcements to wipe out the Administrative Orders. Saying that the cases are dismissed does not erase the fact that this amount was stolen from the workers. The wage theft remains wage theft until it is paid. The governor also attempted to minimize the high number of human trafficking cases in the CNMI which is extensively documented and cannot be denied.
It is time to stop the political games and introduce legislation that reflects the principles of our nation, the intent of the CNRA and recognizes the immense contributions of the long-term workers.
CW Permits Shows Need for Foreign Workers
December 13, 2011
P.L. 110-299, the law that applied federal immigration to the CNMI, called for a report from the U.S. Department of the Interior to the U.S. Congress by May 2010 to recommend status for all of the foreign workers. Most expected that after the release of the report that the U.S. Congress would act, but it failed to immediately introduce comprehensive legislation in 2010. That is unfortunate because at that time (May 2010) comprehensive legislation that would grant permanent residency to all legal, long-term foreign workers actually had a good chance of passing according to staffers in both the Senate and House. (In fact, I have been told that legislation was proposed, but was withdrawn for political reasons.)
The delays and failures have resulted in uncertainty and hardship not just on the foreign employees, but also for businesses, which cannot operate to full capacity without all of their foreign employees. Foreign workers report that they are still waiting to see if their parole was granted, waiting to see if their applications for work visas was accepted and waiting for EADs to be processed in order to legally work. Different responses from USCIS personnel have confused matters for some. According to foreign workers, some applications were submitted to USCIS months ago, yet they still have not been processed, resulting in work stoppage. Foreign workers do not qualify for federal programs like food stamps, so no work means no pay. The lack of urgency and swift action by the federal government officials including members of Congress and agency personnel has created a humanitarian crisis.
As of December 9, 2011 the USCIS reported that number of foreign workers petitioned for CW work visas by 1, 900 employers had reached 11,019 with about half or 5,380 1-29CW petitions being entered to date. The numbers prove that the foreign workers are essential with almost 80% of the estimated 13, 399 foreign workers being petitioned.
That number of petitions means that $150 for each applicant or about $1,652,850 will be given to the CNMI for education of U.S. citizens. Has the CNMI even created a plan for that money? Will it be wasted away like so much of the federal funds has been over the last thirty years? Who is working on this?
CNMI Immigration Court
Every week or so the Saipan papers print an article or two on the removal proceedings for foreign workers in immigration court. In almost every story the worker has been in the CNMI for decades and some have children. Most have no means to purchase a ticket. This begs several questions. What happened to the Morton memo? Why isn't it being followed in the CNMI? I will be inquiring as to the application of "prosecutorial discretion" in the U.S. mainland as compared to the CNMI, and why it seems that in the CNMI judges "decline to exercise their prosecutorial discretion" when those being brought to court for removal proceedings have committed no crime and have compelling reasons to be in the U.S. including fear of religious prosecution and family considerations.
Also, why aren't the last employers paying for airfare? Why dump this on the Philippine or other governments? Such a deplorable system for a country that claims to be the torch bearer of human rights.
Extreme Scammer
KSPN News revealed in their December 13, 2011 broadcast that former labor abuser Mariano Pangelinan of Arch International has been charging foreign workers $810 for application fees for CW visas with the promise of getting them a job. This man needs to return the fees, his business license needs to be yanked and he should find a new home behind bars. Preying on unemployed foreign workers is seriously evil and charging them $810 for jobs that do not exist is criminal. Only the employers can file for visas and pay the fees. The employees can only be charged for the $85 application fee.
Foreign Worker News
December 12, 2011
Education Commissioner Rita Sablan released a memo telling all out of status foreign workers to stop working. From the Saipan Tribune:
Among them is classroom teacher Terry Patris of San Vicente Elementary School, who has been an employee of PSS for the past 11 years. She told Saipan Tribune she has no choice but to abide by the memorandum.Why didn't the PSS check each employee's status and required documents as soon as the final rule was released to ensure that every employee had the required paperwork before November 27th.
According to Patris, she was not fully aware that besides the Form I-9, she also needed to apply for an employment authorization document, or EAD. She immediately went to USCIS after receiving the PSS memorandum and applied for parole-in-place so she could apply for an EAD. She believes, however, that the EAD will never make it to the Dec. 9 deadline.
Compounding the issue is the fact that USCIS has not had time to approve all or most of the applications. I know other foreign workers who are waiting for their EAD to be approved so that they can continue working until their H-1B visa is approved. The delay has created a serious hardship for employees and employers.
Parole for Certain Aliens
USCIS is encouraging those foreign workers with U.S. Citizen immediate relatives and the CNMI's "stateless" nationals to start filing for parole, which will be granted on a case-by-case basis. They suggest that eligible workers file before January 31, 2012.
The USCIS lists the following as eligible:
More information is on the USCIS web site.Immediate Relative
- An immediate relative of a U.S. citizen. An immediate relative for purposes of this exercise of parole authority is an individual who:
- Is a legal spouse, an unmarried child under 21 years old, or a parent (regardless of the age of the U.S. citizen child) at the time of adjudication, AND
- Who was legally present in and residing in the CNMI as of Nov. 27, 2011. Please see the “Immediate Relative” section below for more information.
- A foreign national born in what is now the CNMI between Jan. 1, 1974, and Jan. 9, 1978. These individuals are sometimes referred to as “stateless” because of their unique situation under the Covenant Act establishing eligibility for U.S. citizenship of individuals born in the CNMI.
- A child (unmarried under 21 years old) or legal spouse of a foreign national who was born in what is now the CNMI between Jan. 1, 1974 and Jan. 9, 1978 (also referred to as a “stateless” individual).
For the purposes of this exercise of parole authority only, an “immediate relative” is the legal spouse, unmarried child under 21 years old, or parent of a U.S. citizen. This includes the parents of minor U.S. citizen children.
Parents of minor U.S. citizens are eligible for parole even though they are not “immediate relatives” as defined in the Immigration and Nationality Act (INA). According to U.S. immigration law, an “immediate relative” is defined, as “the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.” (INA § 201(b)(2)(A)(i)) This means that the parent of a U.S. citizen child is not an immediate relative and cannot be sponsored by the child for permanent residence in the United States until the child turns 21 years of age. However, in light of the unique circumstances brought about by the incorporation of the CNMI within U.S. immigration law, USCIS is including these parents in the group eligible to apply for this particular exercise of parole authority.
NOTE: Married children of U.S. citizens, children older than 21 years old, and spouses of U.S. citizens who are not legally married, are not eligible for consideration for this parole. Any other relatives must obtain another immigration status to be legally present in the CNMI.
Adopted or Stepchildren of U.S. Citizens
Biological children, adopted children or stepchildren of U.S. citizens are eligible to apply for this exercise of parole authority as long as they meet the definition of “child” in the INA with respect to adoptions and stepchild relationships. This includes:
- A stepchild, as long as the marriage creating the step-relationship occurred before the child turned 18
- An adopted child if: The child has been in the legal and physical custody of the adoptive parent for two years prior to filing. (The legal and physical custody do not have to have been during the same time period, but each must have been met for two years).
Widow or Widower of U.S. Citizens
A widow or widower of a U.S. citizen is eligible to apply for this exercise of parole authority as long as:
- The death of the U.S. citizen spouse occurred less than two years before the date of submitting the application for parole, and
- The widow or widower has not remarried.
Any foreign worker, whether he/she has a U.S. citizen relative or not may file for humanitarian parole.
No More Exits Without Full Pay and Back Taxes
December 12, 2011
What has the CNMI Government done with the money that it owes these taxpayers? Edwin G. Mendoza is one foreign worker who wants his tax rebate and stimulus money totaling $800. He said that he has paid his taxes regularly. He needs the money that is owed to him. The money belongs to him. The CNMI Government must release it!
The Saipan Tribune reported on the rebate owed to him from the 2010 tax return that he filed jointly with his wife:
Edwin G. Mendoza, who works as a security officer with G4S Security Services, during an interview showed a copy of the letter he personally delivered to the Department of Finance requesting for the immediate release of over $800 in stimulus and tax rebate.Mr. Mendoza said that there are many who are in his position. I have heard from some of them. I will be writing to U.S. officials to see what action they can take to force the CNMI Government to release the tax rebates and stimulus money.
“My daughter called and informed me that my mother is in the hospital and is in serious condition,” Mendoza wrote in his letter stamped received at Finance Secretary's Office on Nov. 22.
In one of the numerous phone calls he made to the Finance to follow up his emergency request, Mendoza was told, “It's disapproved” without any explanation.
“I don't know why they would disapprove my request considering it's an emergency,” Mendoza told Saipan Tribune. “That's why I want to expose what Finance is doing. I want to know why they're delaying the release of my check when it's my money. Even the stimulus is federally funded.”
"Still Confusing for Everyone"
December 12, 2011
Part of the confusion has been caused by the failure of the U.S. Congress to introduce legislation to address the status of all legal, long-term foreign workers. Instead Congressman Gregorio Sablan introduced HR 1466, an inferior bill that leaves out 3/4 of the long-term workers in a discriminatory way and would grant the ones that are included a CNMI-only status that would continue their disenfranchisement and travel restrictions. It is a proposal that mirrors provisions found within the post-Civil War Black Codes.
The bill has been co-sponsored by Democratic members of the Congressional Hispanic, Black and Progressive Caucuses who fight for the rights of undocumented aliens in the U.S. mainland, but threw the now estimated 14,000 legal aliens of the CNMI under the bus via HR 1466. These Democrats are supporting two very different and conflicting immigration positions – a progressive and just one for the 11 million undocumented aliens in the U.S. mainland and an oppressive and unjust one for the CNMI's legal aliens. I will continue to try to convince a member to introduce just and democratic legislation.
In an interview on KSPN news Assistant DOI Secretary Babauta acknowledged that some foreign workers were not being recognized under the USCIS parole. The foreign workers with no U.S. citizen relative were left out of HR 1466 and the USCIS parole. An unjust and unequal, discriminatory system was set up with the approval of the Obama Administration and the U.S. Congress.
Attorney General Buckingham is contemplating a lawsuit against USCIS to prohibit case-by-case parole for the limited categories of CNMI aliens, including unemployed aliens with U.S. citizen. Babauta said he supports USCIS. While Assistant Secretary Babauta said that he supports granting parole to the selected groups of aliens who may fall out of status as a result of the transition, he also acknowledged that there were some who were left out of consideration. When asked about those not covered he said that they should exhaust all legal authority afforded them. But according to USCIS media spokesperson Marie Sebrechts those who have no parole or CW visa need to leave. What legal authority do they have left?
Mr. Babuata said that it was a time to treat people fairly and equally under U.S. immigration law. He also stated that the foreign workers' work should be recognized and they should be treated equally and with dignity. Sadly, this is impossible if HR 1466 passes. It is not fair legislation and it is not equal legislation. Under this legislation more than half of the equally deserving legal foreign workers are ignored. Under this legislation an unmarried foreign worker who has worked in the CNMI for 28 years and lost his job yesterday must leave, while a foreign worker with a U.S. citizen immediate relative who has been in the CNMI 9 years and has not worked for 6 years will be allowed to stay. Fair?
Mr. Babauta also said that the federal government has done a very good job on implementing the transition. He said growing pains are expected and mentioned that the education effort has been very good. I agree. However, the delay of the final rule, in part due to Fitial's lawsuit and in part due to the relaxed schedule of DHS, caused excessive turmoil, suffering and uncertainty. I also feel that if the U.S. Congress had done its job and introduced legislation to grant permanent residency to all legal, long-term foreign workers in May 2010 after the DOI Report was released then there would be much less confusion and fewer problems. The guest worker program would have been very small and limited. Those foreign workers with jobs could stay and those without jobs would be free to go elsewhere. Under HR 1466 many unemployed foreign workers who will be granted CNMI-only status will be chained to the islands to their family's detriment.
If HR 1466 passes before the end of the year (it would have to be this week) then it will move to the Senate where it will face scrutiny and a hearing, most likely not until February at the earliest. If it doesn't pass this week in the House, there is a better chance to substitute it for a just bill that includes all of the foreign workers.
U.S. Pinoys for Good Governance Attorney Meets with CNMI Foreign Workers
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| All photos by Itos Feliciano ©2011 |
December 8, 2011
Last month Governor Fitial referrred to Attorney Lahuatan and Attorney Loida Nicolas-Lewis, chair of U.S. Pinoys for Good Governance "jerks".
I do not have information on the specifics of the meetings. Here are some photographs from Itos Feliciano:
In CNMI "Scope of Duty" of an Officer Includes Brutal Beating
December 8, 2011
Instead of charging former police office Jesse Dubrall with assault and battery when he brutally beat an innocent foreign worker in October 2011, he did nothing. When the victim had to file a civil case the AG excused the officer's criminal act by saying that “it was within the scope of his duty.” If this is the case –if brutally beating a person “is within the scope of duty of a CNMI police officer”, then there is no resident, no tourist, absolutely no one who lives in the CNMI or visits the CNMI who is safe. This statement should be broadcast to the world so tourists are fore-warned. This statement should be given to the government officials of every country that allows their citizens to work as foreign workers in the CNMI so they can reconsider sending any foreigner to work in such an unsafe place. This statement should be given to the U.S. Attorney General Eric Holder who should explain why the F.B.I. and U.S. Attorney Office did not prosecute this case.
Police officers should be protecting the public, not attacking them. Police officers should be improving peoples’ lives, not ruining them. But the list of lawbreaking and criminal CNMI police officers illustrates that police officers in the CNMI are too often treated as they are above the law, just like the attorney general who violated the Hatch ACt and CNMI election and ethics laws.
In October 2011 former police officer Jesse Dubrall hit foreign worker Jin Dong Wang with his gun, handcuffed him and then brutally kicked him outside his apartment building where he was carrying a bowl of noodles. The officer claims that he thought Wang was a drug trafficker. The victim was seriously injured and left bleeding on the concrete. The pool of blood was photographed and broadcast on the news and published in the newspapers.
Still there was not the public outrage that one would have expected as the result of such a violent incident against an innocent person. In most communities across America, the public would have protested if the police officer would have been charged with the crime and jailed. Not in the CNMI. In the CNMI the officer quit his job and walked to the Office of the Public Auditor where he was hired. Corrupt and disgusting.
Mr. Wang is suing the DPS, former DPS Commissioner Sandy Tudela, and former Officer Dubrall. The Office of the Attorney General filed a motion to dismiss the case against all parties and substitute the CNMI government as defendant.
In the opposition to the AG's motion to substitute the CNMI as the defendant, Mr. Wangs's attorney, David Banes outlined the horrible night and the injuries:
As a result of Defendant Dubrall’s use of unreasonable force, Plaintiff suffered severe injuries on his head, abdomen, buttocks and legs, concussion, rib contusion, spine contusion, blurred vision and post traumatic nightmares. Defendant DPS conducted an investigation and Defendant Dubrall subsequently resigned from DPS.The attorney stated that "A police officer's assault and battery on a person is not within the scope of employment":
The police officer has the duty of providing effective police protection to inhabitants of the Commonwealth. A police officer is entrusted with the safety and welfare of the citizenry. However, a police officer committing assault and battery on innocent civilians has failed to fulfill his duties in providing police protection to inhabitants of the Commonwealth. A police officer committing assault and battery on innocent people is not within the scope of his employment.Attorney Banes requested an evidentiary hearing. He stated:
Without an evidentiary hearing, it is unlikely that anyone, except for the Attorney General, will ever know what really happened. In this situation, an evidentiary hearing, and the accompanying limited discovery is even more crucial than usual, because the overwhelming majority of documentation and evidence are in the hands of the Government and Defendant Dubrall - the very party who is attempting to be released from this Court’s control.U.S. District Judge Manglona signed an order to continue the hearing on the motion to dismiss until January 19, 2012.
Read Attorney Bane's opposition:
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