Unheard No More!

Supreme Court Associate Justice Sonia Sotomayor Visits Pacific Islands

2012-01-29T22:35:00.001+10:00

January 30, 2012

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

Supreme Court Associate Justice Sonia Sotomayor is in the Pacific visiting several islands. Last week she visited Guam at the invitation of Guam District Court Judge Francis Tydingco Gatewood. She met with students and attorneys and attended the NMI District Court Conference. On Saipan she met with attorneys and CNMI students representing the mock trial competition. She also made a short visit to Tinian and had lunch with members of the CNMI Bar at the American Memorial Park during her one-day stop in the CNMI.

From the CNMI, Sotomayor will travel to Hawaii where she will spend a week in the jurist-in-residence program at the University of Hawaii's William S. Richardson School of Law.

Associate Justice Sotomayor is an amazing woman and I am sure that she inspired many who met her or listened to her words. I had the privilege of meeting her last year when visiting Supreme Court Associate Justice Clarence Thomas at the inner chambers of the Supreme Court. She was extremely gracious and warm.

Although she was born in Brooklyn, New York, Associate Justice Sotomayor is of Puerto Rican descent and is the first Hispanic member of the Supreme Court. When she arrived in Guam on Wednesday she noted the parallels between Puerto Rico and Guam. Having been to Guam dozens of times and to Puerto Rico twice (once for a wedding and once to train teachers in multiple locations all over the island) I can say I really don't see many commonalities between the islands from a physical aspect. Physically, Puerto Rico reminded both me much more of the Philippines than of Guam. Of course, politically, there are similarities between Guam and Puerto Rico, as the leaders and residents of both islands continually scrutinize their political relationship to the United States.

Read more about Sotomayor's visit here.

Florida Primary Campaign Ads

2012-01-29T21:24:00.000+10:00

January 28, 2012

I am counting the days until the Republican primary is over in Florida and we don't have to look at these candidates' faces on the television every 10 minutes. The attack ads are relentless on every station. (Unfortunately, I have been spending way too much time watching television since I got the flu.)

The Romney attack ad with Tom Brokaw runs every 15 minutes or so on every station. NBC has demanded that Romney take it off the airwaves. (Please!)

To fight back Gingrich put out this footage attacking Romney, saying he was a player in a Medicare fraud scandal. This is probably not a message that will help Romney get Florida votes.

Then again, the voters elected Governor Rick Scott, the king of Medicare fraud, so who knows. That issue was covered in this attack ad where Romney transforms into Rick Scott, the governor with the lowest approval rating in history:

I don't know or care what the outcome of the primary will be or what impact the ads will have on the primary election. I do know that the ads have been helpful to one person, and that is President Obama.

I miss my granddaughter's favorite ad:

Unsafe to Live in the CNMI?

2012-01-28T21:38:00.001+10:00

January 27, 2012

The CNMI may just be the most dangerous place to live on U.S. soil. I am not talking about the crime, although there certainly is a proportionately large amount for such a small population. I am talking about unstable utilities, a retirement fund on the verge of collapse, an inadequate health care system and incompetent and corrupted leaders that are apparently incapable of coming up with a plan to raise revenue.

Yesterday I drove by a billboard that announced that the lottery prize was $146 million. It struck me that the amount is more than the entire annual budget of the CNMI, which is $102 million. Surely, even considering the small population, a property or sales tax could raise much needed revenue, but leaders stubbornly resist imposing any taxes. It seems that the leaders just wait for money to come from some illusive investment scheme or think that the federal taxpayers will provide a bail out so they act as if there were no emergency or need to come up with a revenue raising plan now (or realistically, yesterday).

The media is constantly reporting the devastating financial condition of the CNMI agencies, departments and government in general and questioning the actions of the leaders. The most important question is what impact does and will the further economic collapse have on the people living in the CNMI? How long can or will people remain in such an unstable and dangerous place?

Living in the CNMI may be like playing Russian Roulette. If a person contracts a serious disease or has an accident he/she may not be able to get proper medical treatment. And since Saipan, Rota and Tinian are islands, it's not like a person could easily get to another city or state for treatment. There are serious risks in living in the CNMI today.

The island's only hospital is virtually bankrupt. The signs were evident for years. As it was continuously reported on Unheard No More! and in the media over the last two years, nurses were not being paid regularly and were not receiving their housing allowances on time. The number of nurses declined from 235 in 2010 to 175 in June 2011 resulting in a nursing shortage. A shortage of doctors was reported in July 2011. In November 2010 the children's clinic was closed because there were no pediatricians.

In 2009 the hospital was placed under a "state of emergency." In July 2011, Lt. Governor Inos declared a "state of emergency" again, as vendors refused to send supplies until past debts were paid. In July 2011 it was reported that the hospital owed over $2.9 million to vendors who stopped supplying critical goods, including pharmaceutical, medical, and dialysis supplies. This week the Marianas Variety reported that payroll for the 630 employees cannot be met, housing allowances are unpaid, and there are not even supplies to conduct lab tests. Aren't people taking their chances living in a place with no stable or functioning hospital?

It was also reported that the hospital has $24 million in uncollected bills. I would guess that many of the $24 million in unpaid bills are those of employers who failed to pay their foreign workers' medical expenses, as was required by CNMI law and contract. After all, hundreds of employer-crooks stole millions in wages from foreign workers and the CNMI government did nothing. Even with a collection agency, the CNMI government cannot expect that a significant amount of the past debts will be collected from a population of people that has never been held accountable for paying wages or bills.

How does a business get to the point that the collectables are $24 million? This did not happen in a year, or two years or even three years. Obviously, the hospital's administration that oversees operations, including the collection of bills and paying vendors, has been a complete failure for years. Where is the oversight?

The governor's solution to the hospital's woes seems to have been turning the hospital into a public corporation (October 2011) and appointing former Governor Juan Babauta to administer it. I am not sure how this can be seen as a solution. It is just taking a failed entity and slapping a new name on it since only $5 million was budgeted for the hospital for this fiscal year and the Marianas Variety reports that inadequate sum will be spent by this summer.

Not surprisingly, the Marianas Variety reported that a physician said that the staff feels "terrified and hopeless." Of course they do. They do not know how long they will be paid, if they will be paid, and even if there will be the needed supplies to perform their critical services. People who live in the CNMI are risking their lives and the lives of their children. After all there is only one hospital on each island and all three are operating at dangerously inadequate levels.

The CNMI government announced that Medicaid money will be capped at $5.3 million for 2012, with $4 million going to the hospital and only $1.3 to be shared among over 20 Medicaid-approved private clinics of medical offices. The 2011 Medicaid spending far exceeded this amount. The Marianas Variety reported:

Reductions to affect Saipan’s private providers will be even more horrific.

Total 2011 billings hovered around $9 million and their new cap was set at $1.3 million.

The loss of $7.7 million equals an 86 percent gutting of funding.

Considering one pharmacy alone billed Medicaid close to $2 million dollars in 2011, the impact to providers will be catastrophic.

While CHC will pick-up a majority of current Medicaid clients, the 57 percent overall program-funding reductions will result in fewer clients served or rationing of healthcare among the poor.

Either or both of these outcomes will devastate services for the approximately 6,400 people in the Medicaid program, over half of which are children.

The governor falsely claimed that the reason for the reduction in Medicaid funds was higher federal matching requirements, but the percentage of the match actually fell by 5%. Even more scary is the fact that the Ester Muna, past financial officer of the hospital (the hospital with $24 million in collectables), is now charged with overseeing the Medicaid billing. She will be making decisions as to what spending is allowed and what is not allowed. Will she also be making decisions on who will be treated and who will not be treated under the program? We know how that worked in the NAP Office. It was the U.S. citizen children of foreign workers who were singled out not to get food stamps.

It certainly looks like the weakest and poorest residents will again be the recipients of cruel decisions of the CNMI governor who has refused to support food stamp increases by rejecting applying the SNAP Program to the CNMI and has now slashed Medicaid funding.

Amazingly, this cash-strapped, near bankrupt government finds money for off-island trips, to fund indigenous affairs and other non-critical government offices, to hire numerous outside consultants, and to pay for lawsuits against the federal government.

U.S. Congress Approval Rating Hits All Time Low in Polls

2012-01-27T22:29:00.002+10:00

January 27, 2012

A whooping 84% of Americans object to the performance of the U.S. Congress according to a Washington Post-ABC News poll. The poll revealed that 75% disapproved of Republicans and 62% disapprove of Democrats.

Too bad the American people can't get a refund because the congressional members do not deserve their substantial salaries for doing nothing.

Don't expect much to change. Most of the members' number one priority is to get reelected, not to serve the American people. Divisive politics, refusal to compromise and stubborn partisan gridlock has become the norm. The American people want and deserve a functioning Congress.

A Story To Touch Your Heart

2012-01-26T07:33:00.000+10:00

January 25, 2012

The Boy Who Dreamed to Be With his Parents on Saipan, a book by Riza Oledan-Ramos can be purchased HERE on Amazon or HERE at Riza Ramos Books. The 46-page book was written by Commonwealth Health Center nurse, Riza Oledan-Ramos who is from Cabucgayan, Biliran, Philippines. The book is illustrated by Rodante Guarda, with photography by Nelson Paqaduan. It was compiled by Walt F. J. Goodridge and edited by Heather Linday.

The story is about young Emmanuel Ramos who lives with his aunt, cousins and grandparents in the Philippines. His mom and dad work on Saipan and his dream is to be reunited with them.

The author states on her website:

"Every day in the Philippines and around the world many parents are leaving their home country to find work elsewhere to give their children a better future. I, for one, am one of these parents. My brother and brother-in-law also work in foreign countries, all with the same motivation: to gain a better life for us and our children.

This is a story not just for Filipino children, but for all children in the world with a mom or dad living far away, who in one way or another have had the same experiences as my son."

Read more about Riza and this special children's book at Riza's Website, Riza Ramos Books. I just ordered the book and I can't wait to read it!

Former DOLI Secretary Mark Zachares Disbarred

2012-01-26T07:04:00.000+10:00

January 25, 2012

CNMI Superior Court Associate Judge David Wiseman disbarred convicted felon Mark Zachares despite the fact that he submitted a letter of withdrawal to the CNMI Bar Association.

In his five-page order Wiseman wrote:

“The crime of conspiracy to defraud the United States is a crime of moral turpitude per se and is also one of fraud and dishonesty. Such criminal conduct reflects adversely on an attorneys’ honesty, trustworthiness, and fitness as a lawyer. Therefore, an attorney with such convictions should be punished appropriately by way this court imposing a disciplinary result that will assure the public’s confidence in the judiciaries’ regulation of the attorneys practicing the in the CNMI. . .

Zachares' misconduct has resulted in serious injuries to the legal profession, to the public, and to the legal system in general and finds that the appropriate discipline is disbarment.”

(It appears that there are other attorneys who have committed fraud and dishonesty such as Attorney General Edward Buckingham who was found guilty of violating the Hatch Act by the Office of the Special Counsel. Should he be disbarred?)

One worker advocate told me that during his time as the CNMI Department of Labor and Immigration (DOLI) Secretary, Zacahares was known as a "cruel bastard who took a sick joy in inflicting physical and mental pain on those held in the detention center." Many of the workers held in the detention center in the 1990's complained of the denial of due process rights under Zachares and his equally despicable side-kick, Robert Goldberg. At the time then Acting Attorney General Maya Kara denied any wrong doing.

In November 2010, Mark Zachares was sentenced in the U.S. District Court in Washington D.C. to 12 weekends in jail, four years probation, 200 hours community service and a $4,000 fine.

Prosecutors requested a light sentence due to his cooperation in other Abramoff-connected investigations. Twelve weekends in jail seems far too light. Twelve months may have been a fairer sentence, considering his acts were not victimless.

From McClatchy:

With his mother and wife looking on in the courtroom and his lawyer Edward MacMahon by his side, a tearful Zachares told the judge that he embraced the worst of the capital's culture when he moved to Washington. That included alcohol abuse, other substance abuse, and paying little attention to his wife and daughters.

He said had no one to blame for himself for being swayed by Abramoff's influence, adding that his moral compass was "non-existent." Not a day has gone by that he doesn't anguish over his decision, Zachares said.

"The person who stands before you today is not that same person," he told the judge.

His lawyer said that Zachares didn't have the means to continue to fight the case, including possibly seeking its dismissal in light of the recent decisions in the honest services cases. He is not upset that he was sentenced even as other more powerful people were not charged in the case, or their cases fell apart in the wake of the Skilling decision.

"Mark genuinely has come to grips with taking responsibility for what he did himself," MacMahon said.

Zachares worked in the CNMI from 1994 until January 2002, first as an attorney in the Office of the Attorney General and then as Secretary of the Department of Labor and Immigration (DOLI). His connections with Abramoff go back to the time he was DOLI Secretary.

Some say his Alaskan ties to CNMI Department of Labor's hearing officer, Herb Soll landed him the position in the CNMI, as both Soll and Zachares came from Alaska to the CNMI. Soll worked in the Office of the Attorney General at the time Zachares was hired. In 2000, Soll was appointed Attorney General by Governor Pedro Tenorio after the Maya Kara appointment as acting attorney general was ruled unconstitutional since she served in that position for more than 30 days.

A January 1999 article from the Saipan Tribune revealed that Zachares followed the Abramoff Team's agenda and talking points. The main focus of the lobbying team in 1999 was to refute a report written by the investigative team contracted by the Department of Interior. The report exposed severe labor abuses, horrendous working and living conditions, and serious health and other problems in the guest worker community. The cases cited in the reports were extensively documented with hundreds of pages of statements, labor cases and other documents. Documentation also included video footage that documented transhipment and smuggling of Chinese through Rota to Guam.

At 902 talks in January 1999 Zachares repeated the Abramoff-CNMI mantra that "there has been reform, the abuses are old news, and there is no need for a federal takeover." Edward Cohen proposed having employers pay their workers through a third party straight into the workers' bank accounts. Zachares rejected that idea. Perhaps if it had been approved there would not be $6.1 million in unpaid wages and other monetary judgments. Like all Abramoff soldiers, Zachares was a truth bender and defended the CNMI's agenda to maintain local control of labor and immigration, no matter who would be hurt in the process.

Zachares testified at the September 1999 House Hearing defending the CNMI's labor policies. It was the Abramoff-run hearing with Abramoff foot soldiers Rep. Don Young (R-ALASKA), former Rep. John Doolittle (R-CA), and former Rep. Bob Schaffer (R-CO) controlling the direction and flow of the hearing that was referred to as a sham. Correspondence from Abramoff to Fitial, Willie Tan and Eloy Inos that preceded the hearing indicated it would be held for the purpose of vilifying federal officials, and to push the agenda of Abramoff's client, the CNMI. Zachares was obviously part of the scheme judging by the transcript of the hearing. Rep. Schaffer addressed him as "Mark."

While Zachares served in the Pedro Tenorio Administration as the Secretary of the Department of Labor and Immigration (DOLI), he was considered an arrogant bully by guest workers, asylum victims, and some advocates and others who attempted to communicate with those locked in the detention center. He authorized warrantless raids on private homes where workers resided. He was sued multiple times including law suits for human rights abuses, imprisonment of asylum seekers in the detention center, and illegal arrests. Even the Saipan Chamber of Commerce criticized DOLI under Zachares for delays in processing of documents, bonding fees, deportation of nonresidents workers, as well as the influx of undocumented immigrants to the Northern Marianas.

I received dozens of letters, phone calls, and emails when Zachares was Secretary of DOLI. All were complaints from foreign contract workers and advocates. A guest worker who was held in the detention center in the late 1990's complained of being denied basic rights and being verbally abused by both Zachares and Robert Goldberg. Illegally held Muslim guest workers complained that they were continually served SPAM and other pork products even though they protested. Detention center visiting hours were limited and even those who attempted to visit during the hours were denied access to prisoners. I wrote to former Governor Pedro Tenorio about irregularities in the detention center, illegal raids, and other human rights abuses. Then Acting Attorney General Maya Kara responded with a letter that danced around issues and defended the policies at DOLI. Worker leaders, the guest workers and attorneys refuted the response.

In 1999 Zachares wrote a letter to the Department of Interior's Insular Affairs Office complaining about the new ombudsman, Pam Brown. God forbid, the guest workers have case workers who can speak their languages or be represented by an advocate seeking justice for minor children. Zachares objected to foreign-born case workers being hired and Attorney Brown's request to use the deportation fund to repatriate three young children with their mother who was being deported.

An email from Zachares to Abramoff also mentioned Pam Brown and the ombudsman office and revealed the close relationship between the two men:

From: Mark Zachares (mailto:41MMWMWA
Sent: Wednesday, January 02, 2002 5:59 AM
To: abramoff]OIMMONNO
Subject: Re: Zack
Jack: I was told today that the people who applied for the Ombuds job were told by Interior that the position would not be filled. Interesting? The woman I thought got it is hired, is now doing legal research for Interior out here. So right now, the CNMI has no Ombuds and there are just case/workers, former hacks of Pam Brown, finishing up their contracts. I just thought that this tidbit would be of interest to you. I saw Richard Pierce today and he was heading out to play golf with Diego, Pete A., and of course James Lin. He's such a whore. Hope to see you, Jordan, and the Caps soon, in that order of course. Take care. zack

Read the entire e-mail chain to get an insight as to how White House officials including Karl Rove and Susan Ralston were involved in trying to get Zachares the OIA position; the briefing paper from Kevin Ring backing Zachares; a series of emails successfully sabotaging a White House endorsement for Juan Babauta; a couple of remarks from Fitial; a plea for more cash from Tan; and one where Abramoff arranges a photo-op for Fitial.

The billing records from Abramoff to the CNMI indicate that the CNMI was billed for helping the lobbyist find Zachares a position in the federal government:

2/9/01 2.0 hours Kevin Ring Continue drafting outline for J. Abramoff remarks to CNMI leaders; phone conversation with D. Stephens regarding Zachares candidacy
2/13/01 4.0 hours Tony Rudy Contact numerous congressional offices to help Mark Zachares; deliver materials to Hill; obtain signatures on letters

The initial position that Abramoff and his team hoped to place Zachares was in the DOI Office of Insular Affairs where Zachares could manipulate policy to be favorable to the CNMI as this email from Kevin Ring to Abramoff indicates. Even though the attempts to land him that Insular Affairs position went as high as the White House, as correspondence between Abramoff and White House personnel indicated, he did not get the position.

From The National Journal:

Abramoff, who had hired Reed in 1999 and 2000 to run anti-gambling drives in Alabama to fend off threats to the Choctaws' casino profits, was looking for more help. This time, Abramoff was trying to secure a job at Interior for Mark Zachares, a former secretary of labor in the Marianas government.

On January 11, 2001, Abramoff e-mailed Reed. "I was thinking about this appointment" to the Office of Insular Affairs at Interior, Abramoff wrote. "I know it is perhaps a bizarre request, but considering how quickly I was named to the transition advisory team thanks to your request, perhaps it would be possible to ask Karl [Rove, the president's chief political adviser]... that they should appoint Mark Zachares to head the Office of Insular Affairs.... Do you think we could get this favor from Karl? It would be my big ask for sure."

Reed replied quickly: "It never hurts to ask. What's the next move?" Later that day, Reed sounded even more eager. "Just let me know who to call, when to call, and what to say. And while you're at it get me another client! NOW!"

On March 6, Abramoff met with Rove for about half an hour and pushed for Zachares, according to Abramoff's former lobbying colleagues at the firm Greenberg Traurig and to Secret Service logs released earlier this year. But Rove didn't come through, and Zachares didn't get the job.

One former Abramoff colleague said he wasn't surprised that the effort failed, because Zachares was "too radioactive" and had "the worst possible profile" for the job. Zachares had received $10,000 from an Abramoff-run charity, getting half of the money before he held his Marianas job and half after. What's more, Democrats in Congress, with help from some GOP members, had mounted a bruising but unsuccessful fight to impose U.S. minimum-wage laws on the Marianas. The islands, a U.S. territory located in the western Pacific Ocean, paid immigrant workers in their garment industry wages of just $3 an hour.

In September 2000, Secretary of DOLI Zachares and Attorney General Herb Soll traveled to San Francisco to terminate the MOU with the U.S. Department of Labor Wage and Hour Division Office. In 2002, Soll returned to the Department of Labor to resume work as a hearing officer. That same year, Zachares was off to Washington, DC to take a Abramoff-secured position with the House Transportation and Infrastructure Committee chaired by Rep. Don Young (D-Alaska).

Governor Fitial was close to Zachares. As Speaker of the House it was Fitial who landed Abramoff his government contract during this time period. In fact, Zachares attended the governor's inauguration in 2006, flying in all the way from Washington D.C.

Zachares was arrested in April 2007. Here are some selected phrases from the Information:

On or about June 2002 and through November 2004, ZACHARES served in various
positions on the staff of the Transportation and Infrastructure Committee of the United States House of Representatives; specifically, ZACHARES served: (a) from June 2002 through December 2002 as Legal Counsel to the Oversight and Investigations Subcommittee; (b) from January 2003 through December 2003 as Staff Director for the Coast Guard & Maritime Subcommittee; and (c) from January 2004 through November 2004, as Special Counsel to the Transportation and Infrastructure Committee.

The Lobbyists and Their Clients

3. Jack Abramoff was a Washington, D.C. lobbyist representing numerous clients, including the government of the CNMI, which Abramoff represented from 1996 to 2001, receiving fees in excess of $7 million.

4. Beginning in the mid-1990s, ZACHARES came to have extensive contact with Abramoff during ZACHARES' tenure as an official of the CNMI, and ZACHARES and Abramoff became personal and professional acquaintances.

6. On repeated occasions from late 2000 through in or about April 2004, ZACHARES communicated with his coconspirators, including Abramoff and his lobbyists, in furtherance of the below-described conspiracy to defraud using interstate electronic mail transmissions and interstate telephone calls.

8. It was a purpose of the conspiracy for ZACHARES to enrich himself by using and agreeing to use his official positions within the House of Representatives Transportation & Infrastructure Committee, and by performing and agreeing to perform official acts in return for a stream of things of value.

9. It was a further purpose of the conspiracy to enrich Abramoff and his lobbyists by providing favorable official action to them and their clients, and by referring prospective clients to Abramoff and his lobbyists.

10. The conspiracy was carried out through the following manner and means, pursuant to what ZACHARES and Abramoff came to call their "two year plan":

a. ZACHARES would and did take a stream of things of value from Abramoff and his lobbyists, including the prospect of future employment as a lobbyist by Abramoff and of salary enhancements in that prospective employment, an overseas trip, monetary gifts, meals and drinks, golf, and tickets to professional sporting events and concerts.

b. In exchange for this stream of things of value, ZACHARES would and did provide a stream of favorable official action to, and would and did use his influence on behalf of', Abramoff, his lobbyists, and their clients.

20. ZACHARES took a stream of official action benefitting Abramoff, his business interests, his friends, and his lobbying clients. The stream of official action included, but was not limited to, the following:

a. On or about July 30, 2002, ZACHARES sought, at Abramoff's request, a United States Department of Justice Threat Assessment Report concerning Guam and the CNMI that was not then available to the public.

The Abramoff-CNMI relationship enriched the lobbyists and drained $11 million from the CNMI coffers. The Abramoff-CNMI relationship caused the suffering of thousands of innocent foreign workers.

Obama Urges Pathway to Citizenship for Undocumented Aliens

2012-01-25T19:50:00.000+10:00

January 25, 2012

In President Obama's State of the Union speech he again called on Congress to pass comprehensive immigration reform that would provide undocumented aliens a pathway to citizenship.

President Obama said:

Let's also remember that hundreds of thousands of talented, hardworking students in this country face another challenge: the fact that they aren't yet American citizens. Many were brought here as small children, are American through and through, yet they live every day with the threat of deportation. Others came more recently, to study business and science and engineering, but as soon as they get their degree, we send them home to invent new products and create new jobs somewhere else.

That doesn't make sense.

I believe as strongly as ever that we should take on illegal immigration. That's why my administration has put more boots on the border than ever before. That's why there are fewer illegal crossings than when I took office. The opponents of action are out of excuses. We should be working on comprehensive immigration reform right now.

But if election-year politics keeps Congress from acting on a comprehensive plan, let's at least agree to stop expelling responsible young people who want to staff our labs, start new businesses, defend this country. Send me a law that gives them the chance to earn their citizenship. I will sign it right away. (Applause.

Of course, even if the useless 112th U.S. Congress ever got it together to stop fighting and actually did introduce comprehensive immigration reform, racist CNMI leaders would want a bill that makes "special" provisions for any of the foreign workers in the CNMI –legal or illegal– so that they can maintain their complete political, social and economic control of the islands. I can see them pushing a CNMI provision in a comprehensive immigration reform bill similar to H.R. 1466 that excludes most of the CNMI's legal foreign workers and provides an inferior, un-American status to the 1/4 with a U.S. citizen relatives.

President Obama's remarks contrast with those of leading GOP candidates who have avoided the issue of immigration unless asked the question in a debate. Previously, Romney alienated voters when he said he would veto the DREAM Act, which is supported by 91 percent of the country's Hispanic voters. In Florida's first GOP debate in Tampa, Romney drew laughs from the audience when he stated he would like "illegal immigrants to self-deport."

For his part, Gingrich said he would only support undocumented aliens earning citizenship only if they served in the military. He added that he would veto a DREAM Act that allowed a pathway to citizenship for undocumented alien children who completed college.

About one quarter of Florida's residents are Latinos. President Obama won 57% of the Hispanic vote in Florida in the last election. Protesters outside the debates support comprehensive immigration reform and vowed to be at the debate in Jacksonville.

Rota Could be Included in National Park System

2012-01-25T08:48:00.001+10:00

January 24, 2012

Rota is a beautiful island with many hidden treasures. While living there I spent many hours exploring caves, the jungle and walking on beaches with no footprints. All over the island the lush jungle is littered with pottery shards, ancient stone tools and a significant number of latte sites.

I had the opportunity to interview several visiting archaeologists who uncovered ancient artifacts from latte sites when I was a freelance reporter for the Marianas Variety. It would be wonderful if historic sites were deemed a National Park so that they could be preserved for future generations.

A press release from the Office of CNMI Delegate Gregorio (Kilili) Sablan announced that a bill to authorize the Secretary of Interior to study archaeological, historical and natural resources in Rota for inclusion in the National Park System.

Washington, DC — Rota moved one step closer to having a National Park today – and one step closer to the jobs and economic development that such a park would bring. The U.S. House of Representatives passed H.R. 1141, legislation authorizing the Secretary of the Interior to study archaeological, historical and natural resources on Rota for inclusion in the National Park system.

A 2005 Interior Department field survey found that Monchon Latte Stone Village, the Chugai Pictograph Cave, and other ancient sites on Rota have national significance and should be protected. The “suitability and feasibility” study approved today will look more closely at competing land uses and help identify which areas should be made a National Park.

“Creating a National Park is not a quick or easy process,” explained Congressman Gregorio Kilili Camacho Sablan, who authored H.R. 1141. “Only America’s true national treasures can achieve that status.

“Rota has what it takes, though. The archaeologically important remains of the ancient Chamorro people and the rare and endangered species of plant and animal life in Rota’s limestone forests are exactly the kind of crown jewels that the National Park system is designed to protect for all time.”
Sablan managed H.R. 1141 on the floor of the House of Representatives this afternoon. He offered particular thanks to Chairman Rob Bishop (R-Utah), who leads the Subcommittee on National Parks, Forests, and Public Lands, and his Democratic counterpart Raúl Grijalva of Arizona, as well as Natural Resources Committee Chairman Doc Hastings (R-Washington) and Ranking Member Ed Markey (D-Massachusetts).

Sablan also noted the work of former CNMI Senator Diego M. Songao, head of the Rota Legislative Delegation, who in 2004 encouraged the National Park Service to conduct its initial reconnaissance of the cultural and natural resources of Rota. That effort resulted in the finding of national significance and the recommendation for a follow-up suitability and feasibility study.

Sablan also recalled the testimony of Rota Representative Teresita A. Santos, who traveled to Washington to speak before the Natural Resources Committee in 2010 in support of H.R. 4686, Sablan’s earlier Rota Park study bill, which passed the House but was not acted on by the U.S. Senate.

Rota Mayor Melchor A. Mendiola and CNMI Senate President Paul A. Manglona were recognized, too, by Congressman Kilili for their support, during the debate in the House today.

The Rota Cultural and Natural Resources Study Act seems well-timed. Last week, President Obama announced steps to increase foreign tourism to the United States by improving the visa system and by initiating new promotional efforts for America’s National Parks and other attractions.

Sablan said he welcomed the President’s commitment to expanding the number of countries that participate in the national visa waiver program, which makes it easier for visitors to enter the U.S.
“Being the closest part of America to the emerging economies of Asia, the Northern Marianas is eager to see new countries added to our visa waiver program.

“And we want to have the unique cultural and natural resources of our islands added to the national treasures the President intends to promote.

“We know that having areas on Rota designated as part of the National Park System will help create jobs in eco-tourism, transportation, hotels and restaurants for the people of today.

“We understand that protecting and preserving these nationally significant resources on Rota will also help ensure jobs for our children and grandchildren in the future.”

H.R. 1141 now goes to the Senate, where it will be referred to the Committee on Energy and Natural Resources.

Happy Chinese New Year!

2012-01-23T00:13:00.000+10:00

January 23, 2012 starts the year of the Yang Water Dragon. May it be a year of prosperity, health and luck to all!

President Obama's East Coast Swing

2012-01-21T00:56:00.001+10:00

January 19, 2012

Who knew?

Last night President Obama ~~performed~~ held a fundraiser at the Apollo Theater in Harlem. He sang a phrase from Al Green's song, I'm So In Love With You. He's quite a good singer!

Earlier in the day the president was in my hometown of Orlando. It is not surprising that President Obama picked Disney's Magic Kingdom to announce a new initiative to bring more visitors from Brazil and China to the United States. Tens of thousands of Brazilians travel to Florida every year to shop and visit the theme parks.

The initiative would ease travel restrictions to increase the numbers of tourists coming to the United States.

From the White House Press Release:

The White House
Office of the Press Secretary

For Immediate Release January 19, 2012

We Can’t Wait: President Obama Takes Actions to Increase Travel and Tourism in the United States

This morning, President Obama will sign an Executive Order and announce new initiatives to significantly increase travel and tourism in the United States. The U.S. tourism and travel industry is a substantial component of U.S. GDP and employment, representing 2.7% of GDP and 7.5 million jobs in 2010 – with international travel to the United States supporting 1.2 million jobs alone. The travel and tourism industry projects that more than 1 million American jobs could be created over the next decade if the U.S. increased its share of the international travel market. Today’s announcement offers important steps to bolster job creation through a range of steps to better promote the United States as a tourism destination and improve secure visa processing. This is the most recent of a series of executive actions the President has announced to put Americans back to work and strengthen the U.S. economy.

“Every year, tens of millions of tourists from all over the world come and visit America. And the more folks who visit America, the more Americans we get back to work. We need to help businesses all across the country grow and create jobs; compete and win. That’s how we’re going to rebuild an economy where hard work pays off, where responsibility is rewarded, and where anyone can make it if they try,” said President Obama.

According to the U.S. Department of Commerce, international travel resulted in $134 billion in U.S. exports in 2010 and is the nation’s largest service export industry, with 7% of total exports and 24% of service exports. The Bureau of Economic Analysis estimates that every additional 65 international visitors to the United States can generate enough exports to support an additional travel and tourism-related job. According to the travel industry and Bureau of Economic Analysis, international travel is particularly important as overseas or “long-haul” travelers spend on average $4,000 on each visit.

Today’s announcement calls for a national strategy to make the United States the world’s top travel and tourism destination, as part of a comprehensive effort to spur job creation. The number of travelers from emerging economies with growing middle classes – such as China, Brazil, and India – is projected to grow by 135%, 274%, and 50% respectively by 2016 when compared to 2010. Nationals from these three countries contributed approximately $15 billion dollars and thousands of jobs to the U.S. economy in 2010. In addition, Chinese and Brazilian tourists currently spend more than $6,000 and $5,000 respectively each, per trip, according to the Department of Commerce. The Department of State has made tremendous progress in processing non-immigrant visas from these key markets, allowing them to issue more than 7.5 million visas in the last fiscal year, a 17% increase from the previous fiscal year. In the 2011 fiscal year, consular officers adjudicated more than a million visa applications in China and more than 800,000 in Brazil, representing 34 % growth in China and 42% growth in Brazil. Improving visa processing capacity for China and Brazil is particularly important because of this growth.

GOP candidate Mitt Romney took out ads in Florida to coincide with the President's visit asking where are the jobs? Well, many new jobs are right here in Florida, as the past holiday season at the theme parks demonstrated. Orlando theme parks are always full during the winter holidays, but for the first time in years theme park guests had to be turned away during the holidays. The parks had to close their doors at all Disney and Universal parks for over a week. Tourists complained that they could not even move in the parks or get on rides because there were so many people. Ride waits were over 2 to 3 hours and major highways were like a parking lots with traffic jams for miles. Parks stayed open until 1:00 a.m. to accommodate the crowds of people. The influx of tourist to Orlando even made national news.

Visit msnbc.com for breaking news, world news, and news about the economy

Central Florida had over 2.7 million tourists in 2010 and estimates for 2011 are higher. One in four jobs in Orlando is in the tourist industry.

Boboy and Nani work in competing theme parks. Boy is a trainer in the theaters in Animal Kingdom and Nani works in the Three Broomsticks at Universal's Wizarding World of Harry Potter. (I am the beneficiary with free passes. Every month I bring my children, grandchildren, friends and relatives to a park.) They both report record breaking amounts of tourists continuing into January. Maybe the economy is looking up.

Foreign Worker News

2012-01-20T06:51:00.002+10:00

January 19, 2012

NMC Reverses Charges

A week after the Northern Marianas College (NMC) charged green card holders a $200 "international fee" the college has reversed its policy and stated that the fees will be reimbursed. A press release from NMC admits that the fees, which student, parents and community members challenged, were "erroneously charged."

The charges and ignorant remarks made by college personnel concerning green card holders solicited outrage. Read more in this post, Seeing Red in the CNMI.

Taxes

As announced earlier, Filipinos and Korean foreign workers and their employers who were formerly exempt from paying Social Security and Medicare taxes in the CNMI now must pay the taxes if they are CW visa holders or employers. H-2 visa holders remain exempt.

From the IRS website:

Commonwealth of the Northern Mariana Islands (CNMI) Filipino workers and new Commonwealth Only Transitional Worker (CW) visa classification. Filipino residents admitted to the Commonwealth of the Northern Mariana Islands (CNMI) are not treated as exempt from social security and Medicare taxes on the basis of holding a work permit under CNMI immigration law. While the CNMI is transitioning to full implementation of U.S. immigration law, a new Commonwealth Only Transitional Worker (CW) visa classification is available for workers in the CNMI. Workers on the CW visa, including those from the Philippines, are not exempt from social security and Medicare taxes. Unless temporary workers in the CNMI are eligible for an exemption from social security and Medicare taxes based on some other circumstances (for example, a Filipino resident holding a valid U.S. H-2 visa), employers are required to withhold and pay social security and Medicare taxes.

To be eligible to collect Social Security benefits a worker would have to acquire 40 quarters or work for ten years in the U.S. This is not likely since under the new federal system, just as in the former CNMI immigration system, CW workers are regarded as disposable commodities and not as future citizens. There was no provision in the CNRA for status and is no law on the books now.

The CNMI government filed a lawsuit in federal court yesterday to sue the U.S. Department of Treasury and the IRS to stop the foreign workers and their employers from having to pay FICA taxes. In the complaint, the government claims that the taxes will rob the CNMI economy of $24 million annually.

You have to appreciate the irony since the CNMI government is also fighting to get many of the foreign workers who contribute to the economy removed from the CNMI. Another irony is the fact that the CNMI leadership fought to maintain the ridiculously low minimum wage. From the complaint:

35. The current United States minimum wage in the Commonwealth is $5.05 per hour.
36. An employee who works 40 hours per week for 52 weeks in a year would have 2,080 hours or $10,504 in gross income.
37. A Commonwealth employee earning $10,504 per year who is subject to a F.I.C.A. tax rate of 7.65% would incur annual liability of $803. 26 U.S.C. 0 3101.
38. An employer paying an employee $10,504 per year who is subject to F.I.C.A. Tax liability of 7.65% would incur $803 in annual tax liability for the wages paid to that employee. 26 U.S.C. 0 31 11.
39. If 75% of the 22,416 CW-1 classification visas that are authorized to be issued in 2012 are provided to Philippine and Korean workers, working full-time and earning the minimum wage, a total annual F.I.C.A. tax liability (employee and employer) of $27,018,766.

The CNMI minimum wage is so low that foreign workers should be concerned with yet another deduction. In fact, several foreign workers who were interviewed by the Saipan Tribune stated that they haven't been paid their wages for months:

“Having an additional $40 to $45 deduction from my paycheck because of Medicare and Social Security is just too much,” said a 31-year-old restaurant waitress whose work hours have been reduced to anywhere between 51 and 64 hours since last year.

Worse, the employee's payroll has been delayed for three months.

“I won't have anything else left once all these deductions start. I don't even have my paycheck for almost six payrolls now,” said the mother of a 15-month-old child.

Complaining about delayed salaries, she said, might lead to her employer terminating her and her colleagues' employment contracts.

A male colleague, meanwhile, has yet to get his four months' worth of paychecks.

“I haven't been paid for four months. By the time I get my paychecks, they would have lots of deductions. These federal taxes will really hurt us a lot. Can the CNMI government do something about this?” said the 55-year-old father of three.

Both employees asked that their names be withheld, fearing retaliation from their employer.

Side note: The victims of wage theft who were interviewed by the Saipan Tribune may legitimately fear retaliation from their employers, but they should immediately report the wage theft to the Ombudsman. To stay silent may result in them never receiving their wages and only empowers the employers to continue to cheat them and others.

One has to wonder whether the employers who are involved in routine wage theft will actually pay their share of FICA taxes to the IRS. The complaint stated:

47. Imposition of the unlawful F.I.C.A. tax on businesses struggling in the contracting economy will certainly cause a large percentage of businesses to close. Thus, the Commonwealth’s economy will be further devastated and the Government’s budget will be further reduced. Thus, the Commonwealth’s revenue and will shrink further and its ability to provide services will further erode.

CNMI businesses owned by employers who practice routine and ongoing wage theft are seldom, if ever, closed or fined. The CNMI and U.S. governments turn their heads and allow the businesses to stay open while they continue to steal wages from their foreign workers. But will the federal government ignore theft when the money is taken from them? Is tax money from businesses more important to the governments than the employees' wages? Maybe part of the reason for filing the lawsuit is that the Fitial Administration fears that the IRS may actually enforce some laws. They could go after all the businesses that do not pay their share of FICA taxes and may dig even deeper into other areas where federal funds are misspent. They could actually see how rampant wage theft is and finally take action.

This new lawsuit against the Treasury and INS may just encourage the U.S. Treasury Department and federal officials to investigate what the CNMI has done with the ARRA stimulus payments. Thousands of residents are waiting for previous years' tax rebates and the stimulus payments. They suspect (most likely correctly) that the CNMI government has spent that money, which is why their rebates may never be received. Some of the money owed to the taxpayers includes federal funds from ARRA stimulus grants, the Making Work Pay Tax Credit and the Education Credit.

Congress with the Lowest Approval Ratings in History Returns to. . .

2012-01-19T08:48:00.000+10:00

January 18, 2012

. . . Protests

They're back in session. The most "do nothing" Congress of all times has returned after one of their many lengthy recesses. Polls over the last year have consistently shown that under 20% of Americans approve of the job Congress is doing. The latest poll shows that 84% of Americans disapprove of the job (or non-job) that Congress is doing.

Occupy protesters gathered on the west lawn of the Capitol yesterday to greet the returning members and show their disapproval of corporate influence in Congress and American politics.

Today some Internet technology companies protested two congressional bills, the Stop Online Piracy Act (SOPA) in the House and the Protect IP Act (PIPA) in the Senate, that they claim will censor the Web and harm American businesses. Google has a black banner on their site and asks readers to protest the bills by signing a petition HERE.

Wikipedia has shut down its site completely for 24 hours to protest and invites readers to contact their congressional representatives HERE. Mozilla and Wired also are protesting.

The protests may be having some influence. According to the New York Times, Florida Senator Mark Rubio stated that he will no longer back the legislation.

Follow King's Path

2012-01-16T13:34:00.000+10:00

January 15, 2012

This weekend across the nation, millions of Americans will reflect upon the legacy of Dr. Martin Luther King, Jr. and the impact of the Civil Rights Movement. His tireless work pushed our nation forward in promoting equality, civil rights and social justice for every person who lives and works in the United States.

Where have we come as a nation since the Civil Rights Act of 1964 was signed into law? Those who are franchised, who possess liberty, who have rights and who have a seat at the table may say that we have reached our destination. But those who are disenfranchised, who are oppressed, who are denied equal rights, and who are denied a seat at the table say that we have a long way to go. We are not there yet. There is a long road ahead to replace bigotry, discrimination, greed and oppression with fairness, compassion, inclusion, and liberty.

What have we learned since the days of the Civil Rights Movement? Not enough, if one is to look at the plight of the undocumented immigrants and the failure of the U.S. Congress to address comprehensive immigration reform. Perhaps even less, if one looks at the ill treatment of the CNMI’s legal, long-term foreign workers.

My advice to the foreign workers is not to wait for the next Martin Luther King or the next César Chávez, but to take up the reins yourself if you want to reach the destination in your journey to obtain rights and justice.

Here are some inspirational quotes by D. Martin Luther King, Jr to inspire the foreign workers of the CNMI:

“We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.”

“We are now faced with the fact that tomorrow is today. We are confronted with the fierce urgency of now. In this unfolding conundrum of life and history, there "is" such a thing as being too late. This is no time for apathy or complacency. This is a time for vigorous and positive action.”

“Only in the darkness can you see the stars.”

“There is nothing more dangerous than to build a society with a large segment of people in that society who feel that they have no stake in it; who feel that that have nothing to lose. People who have stake in their society, protect that society, but when they don't have it, they unconsciously want to destroy it.”

“There comes a time when silence is betrayal.”

“There is nothing more majestic than the determined courage of individuals willing to suffer and sacrifice for their freedom and dignity.”

"We shall overcome."

“I believe that unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated, is stronger than evil triumphant.”

“On some positions, Cowardice asks the question, "Is it safe?" Expediency asks the question, "Is it politic?" And Vanity comes along and asks the question, "Is it popular?" But Conscience asks the question "Is it right?" And there comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must do it because Conscience tells him it is right.”

“Power without love is reckless and abusive, and love without power is sentimental and anemic. Power at its best is love implementing the demands of justice, and justice at its best is power correcting everything that stands against love.”

“And so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.”

Film: Eyes of the Beholder

2012-01-16T04:50:00.000+10:00

January 15, 2012

Tonight is the Golden Globes Awards, which has inspired a buzz about last year's "best" films. As with any art form, a movie's interpretation depends on the eyes of the beholder. In fact, my favorite film was not even nominated for an award.

I love film, especially documentaries that educate. I have been a board member of the Global Peace Film Festival (GPFF) for years and the secretary for three. Many award-winning films have been screened at the festival, including Alex Gibneys Academy Award winning film, Taxi to the Dark Side, Jeremy Gilley's The Day After Peace, Roy Germano's The Other Side of Immigration and many more.

The GPFF partners with our county's Service Learning Program to bring films to schools and students to theaters to screens films. Last year as a precursor to a service learning project focused on working with our area's homeless, I took over 100 students to see a screening of Civil Indigent, a film about the criminalization of homelessness in Gainesville, Florida. Students not only got to view the film that they said was "life changing"and "eye opening", but they also had the opportunity to have a conversation with the subject of the film, homeless advocate Pat Fitzpatrick.

Through the GPFF numerous producers and filmmakers have visited the high school where I teach to screen films, educate on important subject matters and answer questions. Over 800 students met London producer Claire Lewis and viewed the award winning film, End of the Line, a documentary about the devastating impact of overfishing in the world's oceans. The filmmaker, author and subject of Hiding in the Spotlight, a film on the Holocaust through the eyes of a survivor, inspired thousands of students when they presented the film and panel discussion.

Other filmmakers who shared their films were students from the local colleges and universities who made powerful documentaries on local topics. Shaun and Jamie Cricks from Rollins College presented Out of the Muck, a documentary and workshop on the plight of the area's farmworkers and the dangerous effect of pesticides on their health. University of Central Florida student, Aleksey Siman presented Food for Granted, a documentary about wasting food and the excess amounts of food prepared in restaurants, buffets and convention centers in Central Florida. These and other well executed films have the ability to inspire, educate and push societal reform.

Two of my children are in college to pursue careers in the film industry. My son, John is an extremely talented artist and will graduate with degrees in graphic arts and animation/simulation from the University of Central Florida. Nani has been immersed in the world of film and influenced by the Global Peace Film Festival from the time she was a young child. Through the GPFF she had opportunities to meet Nobel Laureates, filmmakers, actors, environmentalists, and producers, including some who stayed as guests in our home during the festival. She established a special friendship with the GPFF's founder/director and dear family friend, Nina Streich. It is not surprising that Nani is also studying film and pursuing a career in the film industry.

Nani and I go to the movies often, watch DVDs (over and over to the distress of other family members) and discuss the content, acting and artistic aspects of films. While tonight in millions of households across the nation, film will be the topic of discussion as many tune in to the Golden Globes Awards, in our household film is a topic of discussion regularly.

That said, I must say I was taken aback by Marianas Variety Editor Zaldy Dandan's assessment of The Economics of Happiness, an award-winning film that was screened in Saipan's American Memorial Park recently.

He headlined his editorial with..."leftie movie screening in a federal park" and proceeded to tear at the film's content and the fact that it was screened at a federal park. Huh? As I said, film, like most art forms, is viewed through the eyes of the beholder and interpretations may be all over the board, but such an attack on this film seems misplaced.

The Economics of Happiness is a film that promotes the benefits of "human scaled ecological economies." From the website:

The Economics of Happiness describes a world moving simultaneously in two opposing directions. On the one hand, an unholy alliance of governments and big business continues to promote globalization and the consolidation of corporate power. At the same time, people all over the world are resisting those policies, demanding a re-regulation of trade and finance—and, far from the old institutions of power, they’re starting to forge a very different future. Communities are coming together to re-build more human scale, ecological economies based on a new paradigm – an economics of localization.

The film shows how globalization breeds cultural self-rejection, competition and divisiveness; how it structurally promotes the growth of slums and urban sprawl; how it is decimating democracy. We learn about the obscene waste that results from trade for the sake of trade: apples sent from the UK to South Africa to be washed and waxed, then shipped back to British supermarkets; tuna caught off the coast of America, flown to Japan to be processed, then flown back to the US. We hear about the suicides of Indian farmers; about the demise of land-based cultures in every corner of the world.

Perhaps if "leftie" describes supporters of democracy, social justice and preservation of the environment, then the label fits. But Zaldy objected to the film being "shown in a federal park" and criticized the film's message. He pointed out that the film was screened at the Venezuelan Embassy, which to me suggests world-wide appeal, but to him appears to be something derogatory.

Zaldy stated, "Hugo Chavez of course, liked the film." I could find no online reference to verify that statement and I do not get the connection anyway. Should people not like a film that Hugo Chavez likes? If the Venezuelan leader likes Harry Potter films, should we question our taste if we too like the films?

Zaldy said, "So how come a leftie movie was screened at a park facility paid for by federal taxpayers? Not all of them, I’m quite sure, would be amused by the film’s “message.” Perhaps the organizers of First Friday Films should stick to movies without an explicit political slant. Or, if they can’t, then they should also present the other side of the argument."

What is the "message" that he objects to? I do not get the meaning of the rant. Is there a film that shows the "other side of the argument" – perhaps one that promotes corporate greed, poverty, and the destruction of the environment?

The view that films with "political slants" should not be shown in federal parks is extremely odd since freedom of speech is one of the country's founding and major principles. It is exactly the type of film that one would expect to be shown in a federal park. The Economics of Happiness is a film that exposes and investigates problems, promotes world vision, encourages discussion and offers some solutions to problems. I can understand that a person might object to certain movies being screened in a federal park, say a graphically disturbing horror or porn film, but the Economics of Happiness?! Seriously?

Did you miss the film? Watch it for free online:

One-time free showing:

January 23 9:00pm EST
January 24 2:00am UTC/GMT
January 24 1:00pm Sydney

Log-in here: http://bit.ly/yl0XBh to view the film at the times listed.

Trailer of https://npo.networkforgood.org/Donate/Donate.aspx?npoSubscriptionId=6983:

The Economics of Happiness - Official Trailer from The Economics of Happiness on Vimeo.

The Harvest
Last night Boboy and I went to a private screening of The Harvest, which was hosted by YAYA, the Youth and Young Adult Network of the Farm Worker Ministry. I was invited to the screening by a young man I met at a Food Not Bombs feeding of the homeless in downtown Orlando.

As part of the service learning program, my students study issues of migrant farmers and conduct service learning projects with the dual goals of increasing awareness of the migrant workers' plight and serving the migrant community. The film is not just a perfect fit for my curriculum, but is a must see film for every American. (That is why I posted the banner on the left sidebar.) The Harvest was directed and produced by U Roberto Romano.

Too many of us never think about where our food comes from. Too few of us stop to consider the human cost of food. We do not understand that those who put food on our tables often do not earn enough money to put food on their own tables.

This eye-opening film should tug at our consciences. It should prompt those among us who possess a sense of social justice and compassion to consider the great contributions and plight of our country's migrant farm workers and to push for reform in the agriculture industry. A good start would be to support the Children's Act for Responsible Employment (CARE Act), which addresses the child labor in the agriculture industry.

The Harvest follows three young children of migrant farmers as their families struggle to survive by following the harvests across our country. Through the film we learn that there are over 400,000 children who pick crops in America; most migrant children do not have access to a proper education with more than half dropping out of school; child farm workers face health dangers and fatalities in the fields; and these children live lives of extreme poverty in a nation of plenty.

The Harvest picks up on some of the same themes discussed in The Economics of Happiness. I recommend both films. The Economics of Happiness can be purchased here and The Harvest here. All proceeds from The Harvest are returned to the children documented through partner NGOs. To donate to Shine Global Now! Click here.

Trailer of The Harvest:

The Harvest/La Cosecha - Theatrical Trailer from Shine Global on Vimeo.

Enjoy the Golden Globes!

Seeing Red in the CNMI

2012-01-14T23:10:00.001+10:00

January 13, 2012

The CNMI government is out of money and is running in the red with a $25.8 million deficit for 2011. The legislature has failed to come up with any revenue generating plans. It looks like the money is being shifted from one account to another in order to meet day to day expenses. The Retirement Fund is running on empty and is expected to be totally depleted in 2.9 years. It appears that the Marianas Public Land Trust (MPLT) will replace the retirement fund as the CNMI's new piggy bank until the funds are gone from there too.

It looks like a memo went out from the governor's office to CNMI departments and legislators ordering them to raise revenue.

This month it was announced that the Fire Division intends to inspect all 3,000 businesses in the CNMI, apparently to raise revenue by imposing fees and fines. These fire inspections fees have some business owners seeing red. The Saipan Tribune reported:

Commercial establishments need to get a $100 special permit for candles and open flame devices, as well as $100 per Christmas tree, among other things, on top of the $500 fire re-inspection fee and $500 for fire code permit that some businesses describe as “excessive” and unjustifiable.

“They're killing small businesses like us,” James Han, owner of QQ Car Rental, said in an interview yesterday.

Han reported having to pay "at least $1,000" for inspection and permits. Another business owner reported that this is the first time that the business had to pay $500 for a ten minute inspection and an additional $500 for a permit. If the fees are not paid by January 17th another fee of $500 will be imposed.

The Department of Public Works also conducts building code safety inspections. Business owners claim that the fire inspections duplicate these building safety inspections. Were these fire inspection fees publicly advertised? Were businesses notified of the new permit and inspection fees?

The Northern Marianas College (NMC) is sticking it to students who are permanent residents (green card holders) by imposing an international fee of $200 on them. These students and their parents are also seeing red. They question why the college is imposing this fee on permanent U.S. residents.

The college's response was ignorant and insensitive. One parent reported that her daughter "was told that she had to pay the international fee because the federal government can at any time revoke her green card."

Green cards are rarely revoked and can only be revoked if specific violations are committed, such as if the status was obtained under fraudulent means or if the card holder commits a felony.

The Marianas Variety reported:

“This is discriminatory,” the mother said, adding that the college should stop imposing its own immigration rules.

In an email, acting NMC President Leo Pangelinan said the $200 international student fee was established by the board of regents to help pay for programs and services that benefit international students.

The college should tell the students what special programs and services these fees are funding. NMC should provide instruction on how the international students can access the programs. The fees should be reflected in a line budget item. This will ensure that the students who are paying the extra fees are truly benefiting from the charges and should show that the extra fees are not being absorbed into the NMC general fund to fund salaries and other general expenses.

The Department of Public Safety (DPS) may also join the fund-raising efforts. Rep Janet Maratita announced a bill proposing increasing fines for speeding violations by 50%.

Other departments are also coming up with revenue-generating schemes. Numerous fees are included in the CNMI's proposed new labor bill, suggesting that the bill has two goals: to preempt federal law in an attempt to take back control of the immigration and to serve as a primary source of revenue.

It is not surprising that Public Auditor Michael Pai intends to continue the investigation concerning the spending of ARRA funds. Who knows the extent of how these funds have been used or misused? The Fitial Administration is bashing Pai for failing to drop the investigation. which should be seen as a signal to move the investigation forward at full throttle speed.

Fitial's loyal soldier, Michael Ada, resigned as Secretary of the CNMI Department of Commerce to set up his own private business, Integrated Professional Solutions, to oversee the CNMI's ARRA funds. The governor signed Ada's contract even before he had a business license. (Read about the ARRA scandal at this August 2011post, DOJ Continues to Investigate ARRA Contract That Violated Five CNMI Laws. It contains links to 13 other posts about Ada and the ARRA scandal.)

Thousands of residents are waiting for previous years' tax rebates and stimulus payments. They suspect (most likely correctly) that the CNMI government has spent that money, which is why their rebates may never be received. Some of the money owed to the taxpayers includes federal funds from ARRA stimulus grants, the Making Work Pay Tax Credit and the Education Credit. From the he CNMI Tax and Revenue website:

The Division of Revenue and Taxation has been receiving inquiries about the stimulus refund under the American Recovery and Reinvestment Act of 2009 (ARRA). The Making Work Pay Credit (MWPC) and the American Opportunity Tax Credit (Education Credits) under ARRA are refundable tax credits available to eligible taxpayers for tax years 2009 and 2010. Most earners are eligible to take this credit.

To claim these credits, you must complete Schedule M (Making Work Pay and Government Retiree Credits) for MWPC or Form 8863 (American Opportunity, Hope, and Lifetime Learning Credits) for the Education Credit and enter your computed credit on your tax return.

Absolutely, Public Auditor Pai should investigate the status of ARRA funds, including the stimulus tax credit money owed to individual taxpayers. This money should already be in the pockets of the taxpayers. Too many have not received their rebates; some claim that their checks have been stolen and cashed by others. Some of the taxpayers are foreign workers who have left the CNMI without receiving their rebates and others who do not want to leave until they do. Investigate away!

CNMI Foreign Worker News

2012-01-12T07:01:00.000+10:00

January 11, 2012

NAP
The CNMI NAP Office saw long lines as hundreds of food stamp clients tried to collect checks.

Hundreds of foreign workers worry about feeding their U.S. citizen children since the CNMI NAP Office changed the policy requiring that foreign workers produce CW permits or applications in order to collect checks. Of course, most of the workers do not yet have the permits in their hands since the applications are still in the processing stage. Additionally, foreign workers do not petition for CW permits, their employers do. Many more foreign workers have not been petitioned for the CW permits, but have applied for humanitarian parole or other visas.

The NAP Office seems to have adopted the discriminatory Fitial Administration’s stance aimed at eliminating foreign workers and their families from the CNMI. Starving them out may be their latest tactic. The AG released a statement making it clear that he wanted U.S. citizen families to receive the food stamps before qualifying U.S. citizen children with foreign worker parents received theirs. (See the previous post.)

The CNMI NAP Office receives a block grant from the USDA. The USDAwebsite states:

“In the CNMI, 30 percent of the assistance benefits are earmarked for the purchase of local commodities (food and nonfood items such as fishing equipment, garden supplies and livestock). This policy provides work incentives to develop self-sufficiency, and stimulates economic development and local food production.”

While the NAP Office has the authority to establish policies for identification, they cannot establish discriminatory policies, as stated in the Food and Nutrition Act of 2008.

The Saipan Tribune reported:

"A mother of three children who has been getting food stamps since 1998 said she is deeply saddened by the situation of some of her friends and acquaintances who continue to be barred from getting the assistance they need because of the new requirement.

She disclosed that since the CW receipt or permit was included among the NAP requirements, many foreign-born parents of U.S. citizen children have opted not to avail of the assistance for fear that they will be referred by the local agency to the federal government. These parents are now considered out of status."

The USDA website states:

In USDA programs, discrimination is prohibited on the bases of race, color, religion, sex, age, national origin, marital status, sexual orientation, familial status, disability, limited English proficiency, or because all or a part of an individual's income is derived from a public assistance program. In programs that receive Federal financial assistance from USDA, discrimination is prohibited on the bases of race, color, religious creed, sex, political beliefs, age, disability, national origin, or limited English proficiency. (Not all bases apply to all programs.) Reprisal is prohibited based on prior civil rights activity. The ASCR, through the Office of Adjudication, investigates and resolves complaints of discrimination in programs operated or assisted by USDA.

To file a program discrimination complaint write a letter to:
U.S. Department of Agriculture
Director, Office of Adjudication
1400 Independence Avenue, SW
Washington, DC 20250-9410

Include the following in your complaint letter:

Your name, address and telephone number.

The name, address, and telephone number of your attorney or authorized representative, if you are represented.

The basis of your complaint. The basis is what you believe was the motivating factor for the discrimination. For example, you may believe you were treated differently because of your race, color, religion, sex, age, national origin, marital status, sexual orientation, familial/parental status, disability, or because all or a part of an individual's income is derived from a public assistance program. (Not all bases apply to all programs).

The date(s) that the incident(s) you are reporting as discrimination occurred. Please note that we cannot accept a complaint about an incident that took place more than 180 days prior to the filing of the complaint. If the discrimination occurred more than 180 days prior to filing your complaint, you may request a waiver of the filing requirement. (See waiver information below.)

The name of the individual(s) or entity you believe discriminated against you and the agency or recipient that employs that/those individual(s).

The issue(s) of your complaint. The issue is a description of what happened, or the action that was taken by the individual(s) or agency that discriminated against you, resulting in some harm. Explain as clearly as possible what happened, why you believe it happened, and how you were discriminated against. Please include how other persons were treated differently from you, if applicable. If you were denied a benefit or service, please provide a copy of the denial letter. If you have documents to support the events you are reporting, provide a copy of the supporting documents.

______________
Amnesty

Judge Clarence Wagner, a Honolulu Immigration Judge, directed Ali Nawaz and his brothers Omar and Hassan to fill out U.S. Citizenship and Immigration Services Form I-589 which is an application for asylum and withdrawal of removal under the Convention Against Torture Treaty.

The Marianas Variety reported:

Represented by attorney Janet King, the Nawaz brothers separately told the court about the conflict between the clans of their father and their mother who is in Pakistan. They said they haven’t practiced Islam.

The Nawaz siblings, now in their early 20s, came to the island in 1998. They finished high school in the commonwealth.

Khalid Nawaz, the respondents’ father who is also on Saipan, was earlier determined by Wagner as a removable alien.

Khalid was also told by Wagner to fill out Form I-589. Khalid is married to a Palauan and has been living on Saipan since 1991.

Khalid said he hasn’t practiced Islam, and he fears this would “impact his return to Pakistan.”

Wagner will continue the removal proceedings tomorrow, which is also the deadline for Khalid to submit his required Form I-589.

Form I-589 can be found here. The USCIS states:

To apply for asylum in the United States and for withholding of removal (formerly called "withholding of deportation"). You may file for asylum if you are physically in the United States and you are not a United States citizen.

For years Attorney Bruce Jorgensen stated that aliens in the CNMI should be eligible for such asylum. Read his statement here and some past news articles here.

Sensitivity Training
DHS will be implementing sensitivity training for Customs and Border Protection officers in response to lawmakers' complaints that tourists were treated rudely at the Saipan Airport during the visitor's processing experience. Of course, it goes without saying that every client and customer of a government office deserves to be treated professionally and with respect.

Perhaps lawmakers will also push for cultural sensitivity training at CNMI offices. Foreign workers have complained of disrespect and rudeness at the NAP, Social Security and Head Start Offices to name a few.

More on Food Stamp Controversy

2012-01-09T02:44:00.002+10:00

January 8, 2011

The Marianas Variety reports that the CNMI NAP office can require CW permits as a verification document for alien parents of U.S. citizen children who qualify for food stamps. That should not be the question. The question is can the NAP Office require only that particular document when in fact, most CW permits are in the application process and have not been issued to workers. Additionally, some aliens legally in the CNMI will not have CW permits, but will have other U.S. visas or parole. Can a passport or other document such a parole waiver be presented in order to collect the food stamps that the CNMI NAP Office has withheld from 100 or more foreign worker parents of U.S. citizen children? That is the question that needs to be answered.

No federally funded program can have discriminatory requirements or practices towards clients. The CNMI NAP Office is requiring alien parents of U.S. citizen children to produce a document that they may not possess. They may have other documents of verification that could be used.

Is the practice an attempt to discriminate? It appears so. The Attorney General indicated that he wanted "local" people to be first in line for social services programs. He stated:

"Unemployed aliens crowd the food stamp rolls and when ceilings are reached, local U.S. citizens cannot receive aid as no new recipients can be added to the rolls. Distressed aliens who have been abused in illegal work situations, often by foreign employers, seek help. Private social service organizations run out of resources and are not available to assist local U.S. citizens."

Unemployed aliens may have been granted humanitarian or other parole and have a legal presence in the CNMI. U.S. citizen children who are eligible for food stamps should receive them regardless of the race, nationality or status of the parents. The USDA needs to read the AG's statement and understand the entire process of the permits to ensure that no discrimination is taking place. I believe that it is and I do not want my tax dollars funding a discriminatory office.

The Results of the CNMI's Ongoing Corruption is Blamed on Federal Government

2012-01-09T01:24:00.004+10:00

January 8, 2012

The lawsuit that CNMI Attorney General Buckingham says that the CNMI government will file against the DHS and USCIS is ridiculous and frivolous. If it was not another complete waste of taxpayer's money, it would be hysterical and entertaining, but it is a total waste of time, money and resources that will only accomplish one thing. It will further embarrass and disgrace the CNMI and Fitial Administration, which is already mocked and the subject of jokes in Washington, DC political and media circles.

The Saipan Tribune included a laundry list of complaints (most blaming innocent foreign workers) that will be the foundation of the Fitial Administration's lawsuit against DHS, which has issued humanitarian parole to long-term foreign workers, despite protests from CNMI leaders. Here is the mostly unfounded, racist list with my responses to each bullet point in red:

1. Illegal work deprives U.S. citizens of jobs and uses enforcement time. Unemployed aliens work at illegal part-time or fluctuating-time jobs. They are paid substandard wages well below the minimum wage and no overtime. They are preyed upon by those who require them to participate in illegal businesses, threaten to expose them to the authorities and often collect bribes. Employers refuse to hire U.S. citizens when cheap illegal labor is abundant. The CNMI has only seven labor enforcement officers who cannot keep up with this tide of illegal work.

The solution to this problem is to enforce laws, both local and federal. If the CNMI government knows that "illegal" businesses exist, why haven't they been shut down? What is defined as an "illegal" business. Is this lawsuit saying that the U.S. resident or CNMI elected official who hires unemployed aliens to cut brush, do yard work, work on a ranch, perform childcare services or perform other similar duties is an "illegal" employer? Will they arrest these employers? Who benefits from these so-called "illegal" businesses? Are they patronized only by other "illegals" or by "locals"?

The AG should list the names of these businesses and detail each case and prosecution that the OAG has filed in the years since federalization has been enacted. Or is this just a generalization with no factual basis? Since the CNMI government issues and revokes business licenses where is the enforcement? Is the Fitial Administration saying that this practice, which the CNMI has allowed and encouraged for decades, should be blamed on DHS or USCIS or that enforcement should be the responsibility of the Federal government now? This is an ironic claim since in the previous Fitial Administration lawsuit, in testimony, numerous statements issued by the Administration and in labor laws that attempts to pre-empt Federal law the underlying premise and claim was that the local CNMI government has a better functioning local labor and immigration system than the Federal system. We now see a lawsuit that describes a local government that is unable to enforce local laws and oversee legal licensing of businesses.

The primary reason that the aliens have been and remain prey to corrupt schemes and persons is because for decades the CNMI government has failed to enforce laws or prosecute abusive employers –legal or illegal– or any persons who prey on the foreign workers. Instead of enforcing laws or providing consequences to the abusers, this corrupt government has repeatedly dismissed all valid labor cases and dismissed valid bond obligations to the extreme detriment of the victims and benefit of the criminal abusers who were and are granted impunity. The CNMI government sent a message to the community that foreign workers are easy targets and violators of their rights will not be prosecuted. The CNMI government must take full responsibility for the corrupt environment that they created. The OAG must produce a list of every case that they have filed against abusers and those who have preyed on the innocent foreign workers. (Certainly it would take less than a day to compile such a short list.)

2. Unemployment among U.S. citizens is already high. More pressure from illegal work by unemployed aliens forces more U.S. citizens to emigrate to Guam or the States to find employment.

Unemployment among U.S. citizens is the direct result of the CNMI government's past and present actions and policies. The CNMI officials fought to keep the CNMI minimum wage low –so low that a person working two (2) full time jobs would still be earning an annual salary that would be below the federal poverty level! The U.S. citizens shun today and have shunned always the average low-paying private sector jobs for exactly that reason.

When the economy was robust, the CNMI government hired U.S. citizens (locals) to work in government jobs. Many CNMI government jobs were unnecessary positions that were created in the "trade a vote for a job campaign" that typically occurs prior to all CNMI elections. The vast majority of the U.S. citizens (locals) worked in the government sector until the world-wide economic crisis hit the CNMI. When the economy crashed in the CNMI many of the unnecessary government jobs had to be eliminated. Additionally, the CNMI government has refused to raise much-needed revenue in the form of taxes and instead devised an austerity program to cut government employees' hour by 16 per biweekly pay period. This increased the need for more private sector jobs that just are not available because of the hard economic times and closing businesses.

Locals and U.S. citizens left for the U.S. and Guam because there were not enough well-paying government jobs and they could not afford to work in the private sector for the CNMI minimum wage, which is under $6.00 hourly. Their exodus has more to do with CNMI government attempts to keep the minimum wage low than with any foreign worker who was granted humanitarian parole or is engaged in any so-called, unnamed "illegal" businesses. Read more here, here, here, and here.

3. Unfair competition causes legitimate businesses to close. The enterprises that hire aliens illegally typically pay no U.S. or CNMI taxes, have no worker's compensation, pay no medical or other benefits, and dump workers as soon as they are unable to work. This gives these enterprises a significant cost advantage over legitimate businesses.

What unfair competition and "illegal" enterprises is this AG specifically talking about? Are they talking about yard sales, people who sell products from the trunks of their cars or actual store fronts? Name the "illegal" businesses if they exist. Name the "illegal" business owners. Name the "illegal" aliens who are hired. Are unemployed U.S. citizens engaged in "illegal" businesses or just alleged aliens? Name names, name owners and name businesses if they truly exist. Shut them down if they exist.

4. Public safety costs increase. Petty crime such as copper wire thefts, drug selling, and burglaries increase, causing losses suffered by citizens and aliens working legally.

Are the crimes in the CNMI committed only by out-of-work aliens or are they committed by employed and unemployed residents and others? Where are the statistics to show the rise in crime by unemployed aliens or others and where is the evidence to link it to unemployment, foreign worker status, humanitarian parole or any other factor stated in the laundry list? Is the CNMI lawsuit alleging that when aliens are out of work they become criminals or that they inspire criminal activity? The AG should create a list of crimes over the last ten years broken down by criminal, race/nationality, and employment status to determine the basis for this claim.

5. Health care costs increase. The CNMI's share of health care costs for indigents rises swiftly as the numbers of indigents presenting themselves at the CNMI's only hospital increase. Sanitation decreases as illegal housing and illegal businesses grow, leading to more health problems.

Health care costs have been a problem for decades. This is absolutely nothing new. Look at the data. By contract, the employer of a foreign worker was responsible for covering the employee's health care costs. Many employers illegally deducted the health care costs from the foreign workers' pay (again with impunity) or just did not pay the bills. Additionally, because of financial restrictions and lax collection practices many "locals" have unpaid bills with the commonwealth's health centers.

Unpaid health care bills are not a problem created by any segment of the CNMI society, but by are the result of the failure to collect fees, the inability to pay because of ridiculously low private sector wages and the economic downturn. Unless the minimum wage is going to be raised to a livable wage, then the problem will persist.

What is illegal housing and where are these illegal houses? Are these buildings that do not conform to the CNMI building codes? Who is policing them and if they know that they exist why are they not boarded up? Let the AG produce a list the addresses of these so-called illegal houses that the CNMI government fails to regulate.

The unsanitary conditions were evident in the CNMI for years prior to the federal takeover. Look at the abandoned garment factories, La Fiesta Mall (documented by Current TV) and numerous small businesses that are all over the island of Saipan. A CNMI business closes and weeds, vermin and grafitti invade, while the CNMI officials close their eyes and ignore the problem.

6. Public utility revenues are lost and costs increase. Illegal housing and illegal businesses often involve illegal hookups to water and electric services.

The CNMI has the highest electricity rates on U.S. soil and has for a decade. This is nothing new, and like all of the other arguments, this problem was CNMI-created and existed prior to the federal takeover. It is extremely difficult for any person who is making minimum wage (or below if you count the hundreds of foreign workers who are victims of wage theft by their unscrupulous employers) to pay utility bills at the high rate charged by CUC.

Again, if government officials are aware of illegal hookups, cut them off. If they are aware of "illegal" businesses shut them down.

7. Social services costs increase. Unemployed aliens crowd the food stamp rolls and when ceilings are reached, local U.S. citizens cannot receive aid as no new recipients can be added to the rolls. Distressed aliens who have been abused in illegal work situations, often by foreign employers, seek help. Private social service organizations run out of resources and are not available to assist local U.S. citizens.

No government social service agencies such as housing, health care or food stamps serve the foreign worker population. They are not eligible for food stamps or Medicaid, although their U.S. citizen children are. This racist AG is saying that he believes that the U.S. citizen children of foreign workers are somehow less deserving of social service such as food stamps than the U.S. citizen children of locals. His statement, "Private social service organizations run out of resources and are not available to assist local U.S. citizens." says it all. This statement exemplifies the supremacy and racism that has has been promoted by the Fitial Administration and permeates the CNMI society. It is sickening, discriminatory and illegal. (See the racist remarks by CNMI residents in comments here and here and read comments in the Marianas Variety stories daily to see the extent of racism.) Perhaps the USDOJ will look at this lawsuit and finally file one of their own to stop all of the CNMI blatant discrimination and civil rights abuses.

Secondly, because the CNMI minimum wage is so low as a direct result of the actions and policies of the CNMI officials, (CNMI officials including Fitial and Sablan wanted the last wage increase to be postponed) even if every person in the CNMI was employed in the private sector he/she would likely qualify for social service programs because of the low wages that fall below the established Federal poverty rate.

8. Judicial system costs increase. Petty crime and illegal work cases add to the burdens of local courts.

The AG needs to provide the data to show this is an established fact directly related to the complaint of the lawsuit. How many illegal work cases have been filed and are being pursued by the CNMI Department of Labor and/or CNMI law enforcement agencies? Data, facts, statistics need to be shared to show the connection.

9. Environmental damage increases. Illegal housing and illegal businesses are often accompanied by illegal waste disposal and illegal dumping. Illegal employment includes illegal hunting and fishing.

So we are to believe that all of these problems that have occurred for decades are now suddenly because of DHS or USCIS or that these federal agencies can prevent them?

The CNMI government should reread the original lawsuit that it filed against the federal government in which it declared that the local CNMI labor and immigration system was perfectly functioning as a model and should be maintained. These most recent statements proposed as a basis for another lawsuit against the federal government suggest that the previous declarations were false. This list of complaints requires people to believe that all of a sudden, because of the granting of humanitarian parole to deserving aliens or because of other federal rules, the CNMI has suddenly declined as a society. It requires people to believe that the past and ongoing problems of the CNMI that were created by CNMI leaders well before federalization, should now be blamed on the federal government.

Most striking is the fact that the foreign workers were recruited by and stayed for years and decades in the CNMI with the blessing and approval of the CNMI government. Governor Fitial even brags that he was the author of the first CNMI labor and immigration law that brought in tens of thousands of foreign workers making the local people a minority in their islands. After years and decades of hard work and numerous contributions, instead of pushing to grant them permanent residency, which would allow those legal, long-term foreign workers who are employed to stay and those in poor jobs or unemployed to leave, the CNMI official not only want to discard them like yesterday's trash, but to blame them for all of the CNMI's problems.

The CNMI government pursues this lawsuit like a spoiled brat child who has messed up his room and defiantly demands that it is somehow the fault of his parents and they should be the ones to clean it up while he continues to play. The CNMI government should take responsibility for the mess created by a corrupt government, non-enforcement of laws and damaging policies and actions.

Obama Administration Proposes Compassionate Immigration Policy and Family Unity

2012-01-07T23:30:00.001+10:00

January 6, 2012

The Obama Administration has introduced another compassionate proposal to allow undocumented aliens with certain immediate relatives in the U.S. to file a provisional unlawful presence waiver and await adjudication while remaining in the U.S. The new policy will apply only to undocumented aliens who are subject to the 3- and 10-year bars for unlawful presence and would not apply to undocumented aliens who are inadmissible because they have a criminal record.

The Los Angeles Times reports:

Under the new rule, which does not require congressional approval, immigrants would be allowed to stay in the U.S. and apply for a waiver, which can be granted if deporting an immigrant would cause undue hardship to his or her U.S. family. Once waivers are granted, immigrants may apply for green cards. They would still have to leave the U.S. to make those applications, but because they would have hardship waivers in hand, they would be very likely to gain readmission to the country.

About 23,000 immigrants annually use the existing system. Many travel to Ciudad Juarez just over the border from El Paso — and one of Mexico's most dangerous cities — to file their applications and often are stuck there for extended periods. Administration officials expect many more people to apply for waivers once such trips are unnecessary.

The DHS proposal was announced yesterday and will be published in the Federal Register on January 9th for a comment period.

The proposed new rule would impact an estimated 100,000 or more families.

The current bureaucratic process is lengthy because the paperwork has to move between the State Department, USCIS and the applicant. That lengthy process has resulted in tragedy for American families.

The only U.S. consulate in Mexico that handles immigration visas is in Ciudad Juárez, a dangerous city near El Paso, Texas. It has been named the "murder capital of the Americas" because murders have been upwards of 3,000 a year. It is home to Mexico's dangerous drug cartels and is said to be one of the most lawless cities in the world akin to a war zone. So it is ironic that the same State Department that warns travelers not to travel to the city requires Mexican immediate relatives to process visas at the consulate there.

The State Department has this travel warning on its website:

"Ciudad Juarez and Chihuahua: The situation in the state of Chihuahua, specifically Ciudad Juarez, is of special concern. Ciudad Juarez has the highest murder rate in Mexico. Mexican authorities report that more than 3,100 people were killed in Ciudad Juarez in 2010. Three persons associated with the Consulate General were murdered in March, 2010. You should defer non-essential travel to Ciudad Juarez and to the Guadalupe Bravo area southeast of Ciudad Juarez. U.S. citizens should also defer non-essential travel to the northwest quarter of the state of Chihuahua. From the United States, these areas are often reached through the Columbus, NM, and Fabens and Fort Hancock, TX, ports-of-entry. In both areas, U.S. citizens have been victims of narcotics-related violence. There have been incidents of narcotics-related violence in the vicinity of the Copper Canyon in Chihuahua."

In March 2010 a pregnant U.S. consulate employee and her husband were murdered in the city while their toddler sat unharmed in a car seat. The members of the drug cartel also murdered another consulate employees and wounded two of his children.

Visa applicants and their U.S. citizen relatives also have been murdered in the lawless city. One victim was 21-year-old Jake Marlowe Reyes-Neal, a U.S. citizen who was shot over 80 times with an automatic weapon in his own home. He was in Ciudad Juarez to protect his Mexican-born wife, Tania who was denied U.S. status.

Tania's Mexican parents brought her to Colorado when she was a child. She met Jake while attending high school and they eventually married and had a child. Reportedly, he was shot because he got in an argument with drug cartel thugs who tried to steal his truck.

The trip to get the visa waivers in Ciudad Juárez is not unlike Dorothy's trip to the Emerald City. The Obama Administration should be applauded for eliminating the dangers and proposing a compassionate waiver process.

Many have resisted following the immigration law requiring exit to be granted U.S. green cards because of the dangerous requirements and/or separation from family members. This proposal is expected to bring some undocumented aliens out of the shadows and into status.

The rule should apply to out-of-status aliens in the CNMI since the CNMI is under federal immigration law. Read more about the hardships associated with the current law at the Immigration Policy Center.

National Alliance for Filipino Concerns Enters CNMI Fray

2012-01-07T07:06:00.006+10:00

January 6, 2012

The following is a press statement from the National Alliance for Filipino Concerns:

PRESS STATEMENT
01 January 2012

Reference:
Jonna Baldres, Deputy General Secretary
National Alliance for Filipino Concerns (NAFCON)

NAFCON's New Year's Resolution for Pinoy: Stop Deportation of 12,000+ Filipinos in CNMI

The Commonwealth of Northern Mariana Islands (CNMI) is located in the western Pacific Ocean. From previous U.S. Census counts, Filipinos have the largest population in CNMI, comprising almost 30 percent of all residents, even surpassing the total number of the native Chamorro people. There are, more or less, 12,000 Filipino workers in CNMI as of late who face struggles with maintaining legal immigration status.

"Most of our 'kababayans' (fellow Filipinos) in CNMI were forced out of the Philippines 10 to 30 years ago because of the lack of jobs. They were critical in developing CNMI's economy and it is now their home and the only home their children have known," said Rico Foz, National Spokesperson of NAFCON who spoke with some of the Filipino workers in CNMI.

Maria Lourdes Berueco, one of the Filipino workers in CNMI, expressed, "Most of us have lived in CNMI for a very long time with many raising our families here. Many feel anxiety about going back to the Philippines since most don't have anything or anyone to go back to anymore."

Labor Export Policy as the Major Culprit

At the root of the problem is the Labor Export Policy (LEP) which intensively sends Filipinos to other countries. The LEP started in 1974 during the time of Marcos. By the 1980s, CNMI had been one of the most practical destinations for Filipinos to find jobs due to large scale CNMI recruitment of Filipinos and with the flight to Saipan only taking four hours from Manila.

"We cannot blame the workers for going to work in CNMI. The Philippine government's failed Labor Export Policy is to blame. Now, we can see LEP's drastic effect on our people in CNMI and in thousands of cases throughout the world," Valen said.

NAFCON identifies and emphasizes national industrialization and genuine land reform -- and NOT the LEP -- as the ultimate solutions that will address the chronic crisis of joblessness in the Philippines.

NAFCON Calls on Governments to Act on Behalf of CNMI Workers

In relation to the U.S. government, Valen highlighted the migrant workers' (Filipinos and non-Filipinos alike) value to the economic and social development of CNMI and urged U.S. officials to act on their behalf in recognition of their contributions. "They came in legally, worked hard and brought pride to CNMI and the U.S. They should be given a more permanent status."

In response to the Philippine Consulate in Saipan's claim that the Philippine government have no funds to help the CNMI Filipinos with their immigration defense, Valen said, "We call on the Philippine government to invest every necessary resource to resolve the plight of the Filipinos in CNMI. Instead of excessively allocating resources towards its military, debt-servicing and pork barrel programs the government should prioritize all the Filipino migrant workers who contribute the most to the nation's wealth."

Valen closed by saying, "NAFCON challenges Pnoy to take up a New Year's resolution to do all he can to stop the deportation of these Filipinos workers by not only saying 'Kayo ang boss ko' but by proving it. President Aquino must heed the call for relief coming from more than 12,000 Filipino migrants in CNMI and the millions of us in the U.S. who support them."

Background

In 1976, President Gerald Ford signed into law the Covenant establishing CNMI as a U.S. Commonwealth having its own constitution and government.

As a U.S. Commonwealth, the CNMI government had exclusive control over its labor and immigration laws, allowing it to bring in contract guest workers through the enactment of the Nonresident Workers' Act (NWA) in 1983.

CNMI focused on developing a garment industry in addition to its growing tourism sector in the late 1980s and 1990s. This practice of recruiting overseas contract workers increased its population to nearly 40,000, with the newly immigrated workers permeating every industry.

The NWA, however, paved the way for the CNMI government to allow employers to pay wages lower than those offered in the U.S. mainland, resulting to widespread abuse and exploitation. . As a result, abuse and exploitation became widespread.

In addition, nonresident workers, once under the NWA, were also not allowed to apply for citizenship or residency, even if they had been working in the CNMI for years, or even decades.

Eventually, the CNMI labor laws were superseded by the U.S. Federal minimum wage regulations through the Fair Minimum Wage Act of 2007. Then on November 28, 2009, U.S. immigration law gained jurisdiction over CNMI with the passage of the Consolidated Natural Resources Act (CNRA) enacted the previous year.

With the implementation of the CNRA, the transition period for the "federalization" of CNMI began and the U.S. Department of Homeland Security took over CNMI's immigration and border controls. The transition is scheduled to end on December 31, 2014.

"Federalization" of CNMI and The Consequences

The phase following the implementation of the federal takeover of CNMI immigration includes the process of converting CNMI-issued entry permits into mere evidence of lawful status called "umbrella permits", which can no longer be considered as visas. This phase ended on November 27, 2011, when the permits expired.

For the 20,859 overseas contract workers residing in the CNMI (approximate number only as of year 2010, and not including those who did not register to the Ombudsman's accounting), this would mean "out of status" for most.

Though some can apply for "humanitarian parole" as may be granted by the USCIS on a case to case basis, this will only be applicable for certain individuals -- meaning (1) foreign national born in CNMI between January 1, 1974 to January 9, 1978; (2) those who were permanent residents in the CNMI since the CNRA was signed (May 8, 2008); (3) spouse or child of foreign nationals described in numbers 1 or 2; or (4) immediate relative of a U.S. citizen residing in the CNMI from the time the CNRA was signed. These four groups are the subject of a U.S. House Resolution 1466 now pending consideration for discussion in the U.S. Congress.

And there lies the dilemma: The H.R. 1466, even when passed as a law, can only cover a few thousands. According to the Natural Resources committee, H.R. 1466 would affect roughly 5,000 to 7,300 foreign nationals (including Filipinos and other nationalities), only around 24 to 34 percent of all foreign nationals legally residing in the Commonwealth before the signing of the CNRA. Most of the rest have already started facing removal proceedings.

Another Sure-to-Fail CNMI Lawsuit

2012-01-07T06:21:00.002+10:00

January 6, 2012

CNMI Attorney General Edward Buckingham told KSPN News that the CNMI is set to sue the Department of Homeland Security, Janet Napolitano and USCIS Director Alejandro Mayorkas. Buckingham said he will file the lawsuit sometime next week. He will lose.

The Attorney General said:

"The concern of the commonwealth was and is that we had a number of people who entered the commonwealth under commonwealth law to do a job. The job was generally speaking to work in the garment industry. which of course is gone. We now have thousands of people who no longer have jobs.

They don't have a means of self-support so as a result of that they are adversely affecting the economy. We are very poor. We have health care which is very limited. We have people who are now using the health care systems, people who because they don't have jobs are subject to being exploited. In desperation they can commit crimes and that has an impact on the criminal justice system and drain other resources. We simply need to get these cases resolved and move on."

Many of the present day foreign workers did not come to work in the CNMI as factory workers. They were hired to work in hotels and restaurants, as engineers, accountants, construction workers, beauticians, nurses, teachers and numerous other positions. Of course, it was the CNMI government who recruited all of these foreign workers. It was the CNMI that allowed the factory workers to remain legally in the CNMI to find new employers after the garment factories closed. It was the CNMI that allowed the foreign workers to be renewed year after year after year until the years turned into decades making them de facto citizens. It is the CNMI that regards the foreign workers as commodities, rather than as human beings or future citizens. The majority of the foreign contract workers who lost their jobs between the time the umbrella permits were issued and the DHS Final Rule was released applied for humanitarian parole. If that parole was granted they remain legal and there is nothing that the CNMI government can do about that. Immigration is a federal issue.

This attorney general needs to review his files and determine who is committing the majority of the crimes in the CNMI. The majority of the crimes (at least those that are publicized by the CNMI press) are not committed by the foreign workers, but are committed by U.S. citizens. In fact, there are numerous crimes that have been committed against, not by, the foreign workers over the years. Many of these crimes were never prosecuted, including numerous sexual assaults and the brutal attack on a Chinese foreign worker by then police officer Jesse Dubrall.

How have any of the foreign workers "adversely" hurt the CNMI economy? They contribute to it by paying rent, and purchasing commodities and services. The economy will suffer if an exodus of foreign workers occurs. This is basic economics and common sense.

Buckingham defined the goals of lawsuit:

"To have those people who should be here, be here. Those people who should not be here, be gone. What we're looking at with the USCIS case is they should have completed their work on or before November 27th. They didn't. What we have now is something without rules, without a timeline. That isn't good for anybody. What we want is USCIS we like the cases simply to be stopped as of November 27th, but if that's not done we want assurance we work with USCIS to get these cases reviewed, processed, resolved. The solution would be individual case reviews. We pick up a case file, we look at it, and we can't be them but they haven't done their job so we want to be assured that individual cases on an individual basis, not as a blanket, but as an individual case is reviewed and then a determination is made. Should you stay, should you not stay."

The way I see it is when a person has lived and worked legally in a place then they have earned the right to be granted permanent residency status and "should be" allowed to remain in the CNMI.

Regarding humanitarian parole Buckingham said, "When something is granted without legal authority that is the basis for our suit. Our position is that the paroles were improperly issued on a blanket basis That is improper. That is what we'll be challenging."

The U.S. government does have legal authority to grant parole. Furthermore, how can it be considered "blanket" parole if every individual foreign worker had to file separate applications that were reviewed and approved on an individual basis by USCIS?

On the other hand, the CNMI Department of Labor has employed "blanket" actions to inflict permanent and irreversible harm to many of the CNMI foreign workers. The department made numerous declarations and public announcements dismissing all legitimate labor cases rather than enforcing their own Administration Orders. These blanket actions were made to the detriment of the cheated foreign workers and to the advantage of the criminal employers who got away with wage theft. Many of the violators were also allowed to hire new foreign workers to cheat.

The U.S. now controls immigration in the CNMI. Maybe this lawsuit will clear up a few things. It could clarify the intent of the CNRA, which is to align the CNMI with the INA rather than to continue to keep the CNMI as a "special" case or maintain the status quo forever. Both Fitial and Sablan push for the CNMI to be treated differently and as a "special" case under the INA. We see this push for "special" treatment in Sablan's bill, HR 1466. This discriminatory bill proposes to establish a "special" CNMI-only status that would continue the status quo while permanently harming the remaining 3/4 of the legal, long-term foreign workers by purposely leaving them out of the bill. We see this push for "special" treatment with the Fitial Administration's racist policies, remarks and proposed labor law that attempts to preempt federal law. Both officials have the same goal –to rid the islands of the majority long-term foreign workers so that the "local" people can maintain political control for as long as possible.

Perhaps it is time for the foreign workers to cut their losses and seek employment in a country that has just labor and immigration laws, less racism, and regards foreign workers as future citizens rather than commodities. Sometimes one has to wonder if the CNMI deserves or appreciates the contributions of the foreign contract workers.

ICE Thawing Out on Detainee Practices?

2012-01-07T01:05:00.002+10:00

January 6, 2012

There has been an increase in detaining and deporting not just undocumented aliens, but legal aliens and U.S. citizens. Public outrage could be the reason that the U.S. Immigration and Customs Enforcement (ICE) recently established a hotline for detainees.

A December 29, 2011 ICE bulletin outlines rules regarding detaining individuals and launches a hotline number for detainees who have civil rights or civil liberties complaints. ICE also issued a new detainer form. The aim is to ensure that detainees are "properly notified about their potential removal from the country and are made aware of their rights."

It does not say how detainees would get access to a phone to call the toll-free hotline number (855-448-6903) that is staffed 24 hours a day, seven days a week. Detainees who are victims of a crime or are U.S. citizens can call the hotline to report their predicament.

The stories of innocents detained or deported by ICE are becoming folklore. Many are familiar with the story of Pedro Guzman, a U.S. citizen who was deported from a Los Angeles jail to Tijuana, Mexico. Mr. Guzman, a cement layer had suffered from mental health issues and was arrested for trespassing and vandalism at an airfield. At the time of his arrest he told officials that he was born in California.

Somehow after serving a 120-day sentence, ICE officials interviewed him and it was incorrectly determined that he had been born in Mexico. He signed voluntary deportation papers and was deported to Tijuana, Mexico with $3 in his pocket. It is not clear why ICE agents did not investigate to verify his true place of birth. It is hard to believe that ICE agents did not realize that Pedro has mental health issues and has the reading ability of a second grader. It has not been determined if the detainee was coerced into signing the papers or even understood what he was signing.

Pedro's family frantically searched for him for months. His mother spent weekends searching the streets of Tijuana. After 89 days he was found. He had attempted to return to the U.S. unsuccessfully from San Ysidro several times where U.S. border agents turned him away. It is not clear why all border agents were not notified to be on the lookout for Pedro, the U.S. citizen mistakenly deported. At any rate, he walked 100 miles to Mexicali to successfully cross the border.

The ACLU assisted him in filing a lawsuit against Los Angeles County Sheriff Department and ICE. The ACLU has been in the forefront advocating for detainees' rights. In February 2008 the ACLU testified before the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the House Judiciary Committee for a hearing on “Immigration and Customs Enforcement Interrogation, Detention and Removal”. The organization outlined problems with ICE regarding interrogation, detention and removal of detainees and stressed that each detainee was entitled to due process that includes a hearing before a judge in immigration court and review by a federal court. The testimony highlighted:

• large-scale, mass raids in worksites and homes;
• dramatic increase in detention beds;
• expansion of federal immigration enforcement to include state and local police;
• denial of access to counsel for people facing removal from the U.S.;
• mass transfers of detainees to facilities hundreds of miles from their homes;
• incarceration of detainees in unsanitary inhumane conditions;
• denial of medical and dental care to detainees, including those with serious, life- threatening conditions.

The testimony tells the horrifying story of a six-year-old U.S. citizen child detained by ICE agents:

"Among the thousands of people who have been rounded up by ICE under the auspices of Operation Return to Sender is Kebin Reyes, six years old at the time of his arrest in March 2007. A native-born U.S. citizen, Kebin was sleeping when ICE officers stormed into his home. Kebin’s father Noe told the ICE agents that Kebin is a U.S. citizen, and asked permission to call a relative to care for Kebin while Noe was detained. The ICE agents refused. Instead they made Noe wake up Kebin, who watched as officers handcuffed his father, and then took father and son to the ICE booking station in San Francisco. Kebin spent 10 hours locked in a room with his father. ICE agents never allowed Noe to call someone to pick up Kebin. It was only when a relative heard from neighbors what happened and came to the ICE facility that Kebin was able to leave.

Like Kebin, children all over the country have been traumatized by seeing their parents swept up and taken away or by being left behind without care after school when parents have been arrested without notice. After the raids in which Kebin was arrested, the San Rafael City Schools Board of Education wrote to Congresswoman Lynn Woolsey, reporting, "The ICE raids sent our schools into a state of emergency. Many students were and remain distracted from school work as they worry about their loved ones. Most of these children are, by and large, American-born, full-fledged citizens with a right to a quality education and to live in this country for the rest of their lives." To vindicate Kebin's rights under the Fourth Amendment and to prevent future abuses, the ACLU, the Lawyers’ Committee for Civil Rights, and the law firm of Coblentz Patch Duffy and Bass filed a lawsuit against ICE in April 2007."

Read the compelling ACLU testimony to see how far astray we have gone as a nation in our treatment of fellow human beings.

The latest blotched ICEcapade to be revealed involves a 15-year-old runaway child who was deported from Houston, Texas to Columbia, South America.

Jakadrien Turner ran away from her home after her parents divorced and grandfather died in 2010. She was listed on the National Missing and Exploited Children registry. In April 2011 when she was arrested for shoplifting Jakadrien gave the police a false name, Tika Cortez, which happens to be that of a 21-year-old Colombian who was in the U.S. illegally.

Although Jakadrien does not speak Spanish and possessed no ID she maintained her story and was deported to Columbia. Like Pedro's relatives, Jakadrien's relatives searched frantically for her. Her grandmother discovered messages on her friends' facebook pages that indicated she was in Columbia. The family was afraid to contact her, fearing that she was a victim of human trafficking, but contacted the Dallas police who unraveled the mess.

Jakafrien has been in the custody of Columbian juvenile authorities for a month and will be returned to the U.S. today, older and pregnant. There is no news of where the real Tika Cortez is.

Documented cases of U.S. citizens being detained and/or deported include the cases of Hector Veloz, a decorated Vietnam War veteran who was locked up for 13 months and 3,600 other U.S. citizens arrested by ICE between April 2008 and April 2011, according to a Secure Communities Report from the Berkley Law School.

Immigration officials are not allowed to detain U.S. citizens, and DPS cannot deport them. So why has this been happening?

State laws that allow law enforcement officials to request alien status or IDs could mean even more U.S. citizens end up being detained as racial profiling increases. The strategies outlined in the December 29, 2011 ICE bulletin may help to prevent U.S. citizens and legal aliens from being detained and/or deported. The real solution lies in passing comprehensive immigration reform.

CNMI Food Stamp Controversies Heat Up

2012-01-06T09:51:00.001+10:00

January 5, 2012

CNMI Food Stamp Program Ensures Hunger Pains

Congressman Sablan announced in a press release that he will employ a gimmick to draw attention to the need to raise the food stamp budget in the CNMI. For five days he will spend only $4.87 a day on food to show how difficult it is to eat three meals a day on that amount of money. That is the maximum daily amount that a CNMI food stamp recipient receives for food stamps in the CNMI, which is a ridiculously insufficient. The congressman hopes his campaign will gain support for a bill to increase the CNMI's food stamp allocation.

Sablan’s press release states that the congressman asked a registered dietitian to come up with a meal plan based on the budget amount of $4.87 that provides a day’s worth of nutritious meals. Since in Saipan, even drinking water has to be purchased, this may present a challenge. Perhaps if the congressman supplements the insufficient food stamp allocation by fishing and picking vegetables and fruits from his garden or ranch, this would be possible.

For the U.S. child of the average foreign worker who owns no land, has fewer family connections and less resources than the average U.S. citizen CNMI resident, it would be much more difficult, if not impossible, to eat well on that amount. I have known foreign workers who have fished, grown vegetables in coffee cans and planted papayas next to barracks in order to survive on their meager wages, never mind food stamps. We all know that the $4.87 is not enough to purchase food for a day's worth of meals. Then again, earning about $140.00 take home pay weekly doesn't buy many healthy meals after all the bills are paid either.

Delegate Sablan must be aware that many CNMI residents qualify for food stamps not because they lost their jobs, but because the average pay and minimum wage earns them poverty level wages. While it is great to advocate for additional funding for the CNMI’s food stamp program, it would be advantageous to also work towards lifting the masses out of poverty by providing them with a livable minimum wage.

The Congressman outlined his ongoing push for more food stamps in his press release. He stated, “This year we got another $1 million increase from the Secretary of Agriculture.”

Governor Fitial will probably take issue with that comment like he did in September 2011 when he accused Sablan for taking credit for the $1 million increase in NAP funding. At that time the governor said that he would “continue defending and praising the work of local government officials who often go unrecognized simply because certain elected leaders want to mislead the public and grab credit by all means necessary.”

Congressman Sablan introduced H.R. 1411, to include the Northern Marianas in the national Supplemental Nutrition Assistance Program (SNAP), which would bring an estimated $12 to $14 million more in food stamp funding to the commonwealth. However, the governor opposes the move saying it will add expenses that the CNMI cannot afford.

In his press release Sablan stated:

“Average food stamp benefits in Guam, for example, are more than twice as much as in the Northern Marianas, the CNMI’s could be, too,” says Sablan. “Our local government continues to deny our community a level of benefits available throughout the rest of the United States.”

Local government officials have resisted the idea, however, saying it would be too expensive and difficult to administer.

“The national program would bring anywhere from $12 million to $24 million additional dollars to the CNMI economy, according to the Congressional Budget Office,” Sablan says.

A study Sablan commissioned estimated that this additional food stamp money would mean $2.2 to $5 million in new tax revenue each year for the cash-strapped Commonwealth government.

“Right now the food stamp program costs about $1.2 million to administer,” Sablan explains. “Under the national program the CNMI would have to cover half the administrative costs – which the new tax revenues would more than take care of.
“That additional money in the economy would be good for businesses and create jobs, too.

Read Sablan’s commissioned study here. It makes sense.

Today Angel Demapan, Governor Fitial's press secretary, speaking on behalf of the Fitial Administration, was quoted by the Marianas Variety as calling Sablan’s effort to bring attention to the food stamp crisis a “petty campaign.” From the Marianas Variety:

Press Secretary Angel A. Demapan said instead of focusing on “petty campaign tactics,” Sablan should push bills to reduce or eliminate the “hefty administrative costs” involved with the SNAP program.

Demapan said the food stamp assistance the CNMI receives will not be enough as long as Sablan is “not pushing legislation that would reduce the local matching requirement for Medicaid.”

The Fitial administration, he said, sympathizes with families who have to depend on food stamps.

“But we will not mislead them by shifting blame,” Demapan added.

Angel Demapan enjoys a meal paid for by taxpayers.

The constant squabbles between the delegate and governor do nothing to correct the many problems with the CNMI NAP Program. Demapan, a government employee who accompanies the governor on numerous junkets where they feast on lobster and wine, obviously does not know what it is like to suffer from hunger pains. The Fitial Administration lacks compassion and empathy.

I support adequately funding the CNMI food assistance program. No one should ever go hungry in America. Still, before any additional funds for food stamps are allocated with federal taxpayer’s money (U.S. taxpayer's money –CNMI residents do not pay federal income tax) the federal government needs to audit the CNMI Nutrition Assistance Program (NAP) Office to ensure strict adherence to federal laws including civil rights and anti-discrimination laws. There is an urgent need for federal oversight in this office and other federal programs where foreign workers have complained of discrimination for years, as I have written in numerous reports that have been submitted to the U.S. Congress and U.S. officials.

The CNMI NAP Program, which is under the Department of Community and Cultural Affairs, recently enacted a local policy requiring foreign workers to submit CW permits or the CW application verification in order to receive the benefits for their qualifying children. The CNMI office admitted denying 100 or more foreign workers food stamps for their qualifying children in December 2011. It reported that the number of denials is growing. I do not believe that this practice is legal based on a review of other states' policies and statements from the USDA website. A local office charged with administering a federal nutritional assistance program should not be denying food stamps to U.S. citizen children because the parents cannot produce documentation to confirm their status. They should not be asked to produce such documentation. (Read the previous post for more details.)

The NAP Office did not say that any U.S. citizen parents had their food stamps denied because of any paperwork problems. It certainly appears that the office is targeting children of foreign workers. This Scrooge-like act is all too typical and reflects the callous and degrading way that CNMI offices and officials often treat foreign workers and their innocent children.

Adding to the problem is the fact that the CNMI governor has also cut the hours of federal employees to conform to the CNMI’s austerity measures that imposed a 16-hour pay period cut for selected CNMI government employees. The Secretary of Community and Cultural Affairs, Melvin Fasiao blamed the cut in hours for non-completion of processing of food stamp checks.

Obviously Fitialization is to blame for the denial of food stamps for the affected foreign workers' children. This is another discriminatory and inhumane CNMI governor-created problem that has severely hurt the innocent clients of this federally funded agency.

The proposed anti-foreign worker local labor law (that contains immigration regulations that attempt to preempt federal law) will further oppress the rights of the foreign workers. How much discrimination; how many civil rights violations will the U.S. government allow the CNMI government to inflict upon the foreign workers before they step in to enforce the law?

Perhaps after the delegate experiences the reality of the $4.87 daily meal allowance, he may want to develop more empathy and a deeper understanding of other problems that plague the residents of the CNMI. He could experience a week or two living on the CNMI minimum wage or a year of having no health insurance. He could take the time to meet with some of the estimated 10,000 to 12,000 foreign workers who have no U.S. citizen spouse or child to discuss the discrimination that they feel from being callously omitted from H.R. 1466.

CNMI NAP Office Requires Evidence of Employment and Status for Family Food Stamps

2012-01-05T06:13:00.002+10:00

January 4, 2012

Since November 28, 2011, the CNMI Food Stamp Office is withholding food stamps intended for eligible U.S. citizen children if their foreign parents cannot produce CW permits or CW permit receipts stating that they have been petitioned by an employer.

The Saipan Tribune article states that the policy has been in effect since December 2011 and that there are some 100 food stamp vouchers on hold and the number is increasing.

The CNMI food stamp program is federally funded.

I have not heard of this CNMI policy until today and I wonder if the NAP office informed those that have had their vouchers withheld of the new requirement by letter or in the form of a public announcement.

Apparently the foreign worker must ask his/her employer for a receipt from USCIS that proves that the employer petitioned the person. The USCIS is still in the process of reviewing applications, approving or denying, and issuing the CW permits. Of course, foreigners may be legally in the CNMI without having CW permits. They may also have H1-B or other U.S. visas or may have been granted parole by USCIS. The article did not state whether these documents also qualify.

The Saipan Tribune reported that other CNMI offices are requiring verification of status:

According to Department of Community and Cultural Affairs Secretary Melvin Faisao, this new requirement (CW receipt and permit) applies to other programs of the department.

Among these programs are the Child Care Development Fund, the Office on Aging, the Community Service Block Grant Services, and the Low Income Household Energy Assistance Program.

Faisao confirmed that this new department policy became effective on Nov. 27, 2011, when U.S. federalization took effect in the Commonwealth.

He said that applicants for NAP assistance and other social services under the department are being reviewed accordingly based on these new requirements and their eligibility.

Still, under the federal program U.S. citizen children of alien parents (whether the parents are legal or illegal) qualify to receive food stamps, regardless of the status of their parents.

In the state of Pennsylvania alien parents (even illegals) may apply for their U.S. citizen children to receive benefits:

"It is important to know that U.S. citizen children of immigrant parents have the same rights to public benefits as all other citizens - regardless of the immigration status of their parents. For example, undocumented parents may apply for public benefits for their U.S. citizen children. When applying, be clear that you are applying only for your children, and not for yourself. You should not have to reveal your own immigration status if you are applying for benefits only for your children and not yourself. If you feel you must mention something about your immigration status, it is best to state simply that you do not have an immigration status which qualifies you to obtain benefits. You should not ever feel you have to reveal that you are undocumented. Never show the welfare office proof that you are residing unlawfully in the country, such as an order of deportation against you.

If you apply for benefits for your children but are denied based on your failure to provide information regarding your own immigration status or social security number, call Community Legal Services at ....

The Iowa Department of Human Services states:

"You can apply for Food Assistance for part of your household even if some members may not be eligible because of their immigration status. For example, parents who do not have legal immigrant status may apply for Food Assistance for their children who are U.S. citizens or qualified legal immigrants. Do not apply for people who don’t have legal immigrant status.

We will not contact the U.S. Citizenship and Immigration Services (USCIS) about the people you don’t apply for. We must use their income and assets to see if the rest of the household can get Food Assistance. You don’t have to give us the immigrant documents for the people you do not want Food Assistance for."

Unlike the CNMI food stamp office the CNMI Medicaid office does not turn away children of foreign parents who cannot produce documentation of status. The director said that the requirement of the CW permit is not a federal mandate, but is a requirement of the local Medicaid Office. (Could this also be true of the food stamp office?)

Director Helen Sablan told the Saipan Tribune, “It will not affect their application. We still give the child's supply of Medicaid and we don't turn them away. We just make a note [on their file] that they have yet to submit their CW receipt or permit.”

Does the federal government require proof of the parents’ status for a qualifying U.S. citizen child to be awarded food stamps or is that also a local mandate? I have sought help from some officials to help me get the answers and will share them here.

If I was a foreign worker with eligible U.S. citizen children and was denied food stamps by the CNMI NAP Office because I did not or could not produce evidence of status, I would make an inquiry to verify the legality of the denial and/or I would file a complaint. The USDA website states: "In accordance with federal law and U.S. Department of Agriculture policy, a local office is prohibited from discriminating on the basis of race, color, national origin, sex, sexual orientation, gender identity, age, religion, political beliefs, or disability. To file a complaint of discrimination, write to: USDA, Director, Office of Civil Rights, 1400 Independence Ave SW, Washington D.C. 20250-9410 or call (800) 795-3272 (Voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer."

CNMI Deficit $370 M, $25.8 for 2011

2012-01-04T07:35:00.000+10:00

January 3, 2012

No wonder Governor Fitial delivered no State of the Commonwealth Address in 2011. The state of the Commonwealth is abysmal. The governor released a financial report that revealed that the cumulative deficit was $370 (including millions owed to the retirement fund) and that in 2011 the government overspent by $25.2 million. In May 2011 it was reported that the government had overspent by $1.087 million.

Despite the sacrifice of government workers who saw their hours cut by 16 hours bi-weekly, it appears that not enough cuts were made or revenues raised. Not surprisingly, the executive branch accounted for the majority of the over-spending coming up a whooping $20.2 in the red. It would be interesting to see the breakdown and learn just how much has been spent on the travels of the governor and his entourage. The Legislature was $11, 156 in the red and the Judiciary came up short $170,897. (Of course the Judiciary was handed a budget that was ridiculously low to begin with.)

One would have thought with all of the budget problems the leaders would have taken a sensible course revenue raising measures such as imposing income, sales or property taxes combined with cost cutting measures. It appears that the only solution to the financial crisis has been some pie in the sky casino schemes that would most likely fail. Such schemes make as much sense as an individual attempting to solve their personal financial problems by purchasing lottery tickets rather than cutting costs or supplementing their income with a part-time job.

The CNMI's shady AG, Edward Buckingham reportedly will "look into" the fact that the deficit violates the CNMI Constitution.

Perhaps the stimulus checks and tax rebates that people have been waiting for been illegally spent already.

Judges Denies Preliminary Injunction of CW Final Rule

2012-01-03T00:38:00.000+10:00

January 2, 2012

On December 30, 2011 U.S. District Court for the Northern Mariana Islands U.S. District Judge Ramona Manglona, issued an order denying a preliminary injunction of the CW Rule.

In October 2011, seven plaintiffs, five foreign workers and two business owners, (Gerardo de Guzman, Hector Sevilla, Carlito Marquez, Bonifacio Sagana, Eduardo Elenzano, Jong Ho Lee, and Manuel Vilaga) sued the U.S. Department of Homeland Security Secretary Janet Napolitano, District Director, U.S. Citizenship and Immigration Services David Gulick, Secretary of Labor Hilda Solis, and U.S. Department of Labor District Director Terrence Trotter in their official capacities, challenging the implementation and enforcement of the CNMI-only Guest Worker Program Final Rule. The regulation, which was mandated by P.L. 110-229 was released by the Department of Homeland Security in September 7, 2011after a long delay.

There is no denial that the late release of the rule caused confusion, suffering and conflict for foreign employees and their employers. The 22-month delay of the release left employers of foreign workers only 51 days to understand the rule and apply for CW permits. However, Judge Manglona determined that "DHS’s implementation of the Final Rule was in compliance with section 553 of the APA."

The judge concluded:

Plaintiffs’ contentions fail. First, affected persons had at least eighty-one days prior to the expiration of the two-year grace period to plan for complying with the Final Rule because of the thirty-day notice requirement. The two named employer Plaintiffs themselves were able to file the appropriate CW petitions by the deadline of November 27, the expiration of the two-year grace period. Second, DHS published the Interim Rule for a notice-and-comment period in October of 2009. The Final Rule as promulgated in 2011 included few changes, most of which were meant to address the concerns expressed in the comments during the open period and to benefit employers and foreign employees in the CNMI. The major components of the Final Rule remained the same as those of the Interim Rule. The public, therefore, realistically had nearly two years of notice to plan and prepare for the implementation of the Final Rule. This long notice-and-comment period provided adequate time for employers to familiarize themselves with the proposed rule. The publication of the Final Rule, which adopted most of the same terms as the Interim Rule, provided adequate notice to employers to take action to retain their foreign employees through the CW application process.

I take issue with her second point. Unless the judge and DHS thinks that the public are all have psychic powers there is no way anyone would know that the final rule would so closely mirror the proposed rule. There were 146 comments with many that conflicted with the proposed rule. Why would anyone expect that it would remain as written?

As far as the unresolved cases with the CNMI Department of Labor the judge stated:

Plaintiffs argue that DHS has not implemented an orderly transition because (1) the CNMI Department of Labor has asserted authority over labor issues in the Commonwealth and (2) a number of guest workers with umbrella permits have unresolved wage and other claims against employers pending with the CNMI Department of Labor. Plaintiffs aver that these grievances could be addressed if Plaintiffs were, as they request, given more time under which they are considered lawfully present in the Commonwealth. However, Plaintiffs fail to show that there is a connection between their grievances and the Final Rule. Moreover, none of the Plaintiffs represented that they have unresolved wage or labor claims against their employers. Should any non-resident worker with unresolved claims against his or her employer face removal proceedings under the Final Rule, the issue would properly be presented in immigration court.

The fact that the CNMI Department of Labor is a lawless agency that has purposely ignored and/or dismissed cases where it was documented and proven that employers cheated the foreign workers of wages may not relate to this case, but the U.S. government has a responsibility to make these victims whole. Immigration court should not even be in the picture. The U.S. Congress should have acted according to the intent of P.L. 110-229 to establish status for all of the legal, long-term foreign workers before they were forced out of status.

Again the judge fails to look at the issue from the perspective of a foreign worker when ruling stating:

Plaintiffs further argue that the employer-based transitional worker classification system conflicts with the CNRA’s stated goal of protecting against the exploitation of workers. (Motion at 7–8.) However, DHS has set forth the many ways the Final Rule protects against worker exploitation. First, the Final Rule’s classification system ensures that any employer of a CW worker is a “legitimate business”2 and attests to the employer’s compliance with federal and CNMI labor law. A business shall not be considered legitimate if it engages directly or indirectly in prostitution, trafficking of minors, or any other activity that is illegal under federal or local law. 8 C.F.R. § 214.2(w)(1)(vi). Certain occupational categories, including those excluded by the legitimate business requirement, have been found to be prone to widespread abuse. 76 Fed. Reg. 55,502, 55,508. The legitimate-business requirement is thus consistent with the CNRA’s stated purpose of protecting workers from potential exploitation and abuse. Second, section 214.2(2)(7)(iii) provides that a CW worker may start to work for a new employer as soon as that employer files a petition pending its adjudication. There is no requirement that the existing employer consent to the transfer, thereby avoiding the possibility of the employee being withheld against her will. Third, the Final Rule provides that CW workers may apply to change their nonimmigrant status to any other status under the INA once they are eligible. These provisions give workers greater opportunities to move from one employer to another, reducing the chances of exploitation and abuse. Accordingly, the Final Rule complies with the CNRA’s stated goal of protecting workers against exploitation.

Perhaps the judge and Secretaries Napolitano and Solis would like to explain how CNMI businesses can be deemed "legitimate" and be allowed to continue to hire foreign workers if they break local and federal labor laws. Take the case of the Tinian Dynasty that has applied for CW permits for hundreds of foreign workers. It still owes tens of thousands of dollars to current foreign workers because the employer has routinely committed wage theft, even though those workers have filed numerous complaints for years with several CNMI and federal agencies. Legitimate? No way.

The judge also stated that the plaintiffs did not show that insufferable harm was caused by the late release of the Final Rule. Regarding the balance of hardship she further stated that:

Plaintiffs are asking for an extension of their status expiration date for six months. This would allow them more time to apply for the CW status or some other status under the INA without the fear of falling out of status and being ineligible for either benefit. However, it is unclear whether an injunction would help non-resident employees at this point. Employers have had at least fifty-one days to apply for CW petitions for the employees they wish to hire or retain. The fact that some foreign employees are still without status may simply be a reflection of the current poor economic conditions that make CNMI employers reluctant to bear the cost of carrying foreign workers under the new law.

On the other hand, a six-month delay in the implementation of the Final Rule would prevent DHS from moving forward with the transition toward full implementation of federal immigration law as mandated by Congress. This delay may also adversely affect those foreign workers who have already secured their CW status and would potentially be able to seek an improved status by the 2014 deadline to fully implement federal immigration law in the CNMI.

This argument makes sense.

The order concludes:

Notwithstanding the balance of harms or how much the public interest would be served, given the unlikelihood that Plaintiffs will succeed on the merits of their claim and the lack of irreparable harm due to the implementation of the Final Rule, the Court concludes that Plaintiffs have not established their entitlement to a preliminary injunction.

According to the Marianas Variety, the attorney for the plaintiffs, Stephen Woodruff stated, ". . . it is clear that the people of the CNMI — both alien and U.S. citizen — need a remedy for the botched implementation of the subtitle A of Title VII of the [Consolidated Natural Resources Act or the federalization law] by [the Department of Homeland Security], and this lawsuit will go on.”

Another Felon, Former Lobbyist Writes a Book

2012-01-02T00:59:00.000+10:00

January 1, 2012

Team-Abramoff lobbyists with former CNMI Congressmen on Rota in front of Wedding Cake Mountain: (Left to right) Felon and former lobbyist, Neil Volz, former Tinian Rep. Norm Palacios, felon and former lobbyist, Michael Scanlon, former Rota Rep. Alejo Mendiola, and Speaker Boehner's new policy director, former Team Abramoff loyalist, Brett Loper (Photo by Jigsaw Productions)

It appears to be a trend for criminals to publish books about their crimes as a way to get closure, to seek redemption, or to gain public favor and acceptance. In November 2011 felon and former lobbyist, Jack Abramoff released Capitol Punishment, the Hard Truth About Washington Corruption From America's Most Notorious Lobbyist. In December 2011 convicted felon and former lobbyist Neil Volz, one of Abramoff's proteges, released his own self-published book, Into the Sun.

Volz was directly involved as a lobbyist with the CNMI's anti-federalization campaign. The lobbying efforts of Abramoff, Volz and others ensured the continuation of suffering and abuses for tens of thousands of foreign contract workers in the CNMI. Theirs were not victimless crimes.

Neil Volz had a history of dealings in the CNMI that included some of the most notorious dealings involving corrupt CNMI officials, including Benigno Fitial. Before joining the Abramoff team to become a lobbyist, Volz was the former chief of staff for convicted felon former Rep. Bob Ney (R-Ohio). Volz was convicted in May 2006. In his Factual Basis for Plea it states (links added):

While Volz was a congressional staffer:

a. in January 2000, while he was chief of staff to Representative #1, Volz, with Representative #1's knowledge and approval, traveled to the Commonwealth of the Northern Mariana Islands ("CNMI") in part to assist Scanlon and others with their lobbying businesses.

d. in March 2001, Representative #1 agreed to support legislation which would have permitted manufacturers in the CNMI to attach "Made in the USA" labels to their goods while exempting the manufacturers from compliance with federal labor standard applicable to manufacturers operating inside the fifty states.

The January 2000 trip to the CNMI is well publicized. Volz joined other Abramoff lobbyists, Michael Scanlon, staffer of former Rep. Tom Delay (R-TX), and Ed Buckham, former Chief of Staff for Delay, in a trip to the CNMI with one goal: to get Benigno Fitial elected as Speaker of the CNMI House of Representatives so that Fitial could get Abramoff's expensive lobbying contract renewed. The lobbyists admitted to bribing two congressmen, Rep. Norman Palacios (Tinian) and Alejo Mendiola (Rota), to switch votes in exchange for promises of infrastructure projects for their islands. The scheme worked. (See this post, Bribes and Corruption in the CNMI for more on this story.)

Volz may be the one former Abramoff-connected lobbyist who actually takes responsibility for his actions. He appears to have turned his life around and is currently working as a homeless advocate in Fort Meyers, Florida. I have not read Into the Sun, and I am hesitant to buy it since I am not sure I want to profit Volz. (Profits from Abramoff's book go to paying victims of his crimes.) Still, I am going to see if I can locate a copy in the library to determine if Into the Sun is another attempt at self-promotion or a sincere apology.

Capitol Punishment
In November 2011 I wrote a post about Jack Abramoff's book, Capitol Punishment. It is a rather self-serving attempt to re-write history and to portray himself as a man merely doing his job. About his book and a disappointing 60 Minutes interview with the felon, I wrote in part:

If Abramoff was trying to apologize for his wrong doings or seek redemption, he fell short. Redemption requires full admission and truth; forgiveness is seldom granted to those who cannot take full responsibility for their bad actions that cause irreversible harm to innocent people. He did not even acknowledge one of the thousands of people that he hurt. His were not victimless crimes. The victims included the CNMI's legal, long-term foreign workers. Abramoff came across like a sleazy snake attempting to shed his old skin to become a shiny new and better version of his old self. It did not work. He remains the same sly and less than honest conman.

The book contains such a distorted portrait of the CNMI that it is insulting to anyone with even a minimal knowledge of the history of the Mariana Island's over the last 30 years. In fact, if I did not know who wrote the pages on the CNMI, I would have thought that Governor Fitial or former Governor Tenorio authored them.

Abramoff's arguments in defense of keeping the corrupt CNMI labor and immigration system show ignorance of the reality of the true situation. Or is it denial because he realizes that his actions helped to perpetuate a system where tens of thousands of foreign workers became victims of illegal recruitment, scams, human trafficking, forced prostitution, and a host of labor abuses -unpaid wages, illegal deductions, contact violations and more? At any rate, it is an inaccurate and offensive view.

Abramoff stated that his father tired to set up a casino in the CNMI. It was his father's attorney, Randall Fennel who arranged a meeting between Governor Tenorio's niece, Brenda Tenorio and Jack Abramoff to seal the lobbying contract, according to the book. Abramoff wasn't the CNMI's first choice for a lobbyist to defeat federalization. Initially, the CNMI signed up with the lobbying firm of Verner Liipfert, but within a month Governor Tenorio wrote a contract for Abramoff.

In the book, Abramoff claimed that he defended the CNMI because he saw the "place with his own eyes." Either he is blind or he saw what he needed to see to defend some of the scummiest, most self-serving politicians ever, in exchange for millions of dollars in lobbying fees. While the dump was burning, the infrastructure was crumbling, schools needed repairs and tens of thousands lived in extreme poverty in ramshackle barracks, millions were poured into Abramoff's pockets.

His attacks of Rep. George Miller (D-CA), Alan Stayman, 20/20, Washington Post reporters and others who helped to expose the corruption, decry the abuses of the foreign workers and urge reform came across like he was a sore loser in a game of chess. The book is full of sour grapes and misplaced partisan criticism. He failed to mention that his own Republican hero, Ronald Reagan also complained about the CNMI guest worker program and warned island leaders to institute reforms. He also failed to mention that the takeover legislation that he fought so hard to prevent was signed into law by Republican President George W. Bush.

Abramoff painted the Democrats as "hostile bureaucrats and Congressmen bent on their destruction." (Their meaning the people of the Marianas.) He claimed that Rep. George Miller (D-CA) was "vehement in his hatred of the CNMI." Abramoff is delusional, at best. Rep. Miller hates corruption, human rights abuses, and undemocratic systems, like the CNMI guest worker program.

Abramoff's narrative shows that if there is any hatred at all, it is his hatred for Miller and Stayman. He wrote about Governor Pedro P. (Teno) Tenorio's inauguration with disdain, stating that Rep. Phil English was "placed in a back row of dignitaries" while "Congressman George Miller and Interior Department Office of Insular Affairs head Allen Stayman, both implacable foes of the CNMI, were in the front row." In Abramoff's mind, those who support reform are foes.

Read the entire post here.

Since I wrote the article about Abramoff's book, several articles about Capitol Punishment have been published in the Saipan Tribune. They detail Abramoff's view of his lobbying effort on behalf one of his most profitable clients, the CNMI. The CNMI government spent an estimated $11 million to pay lobbyist Abramoff to defeat federalization of immigration, kill attempts to raise the minimum wage and to vilify advocates who documented the truth, myself included.

The Tribune reporter, Haidee Eugenio interviewed some of the key CNMI politicians who were intimately involved with felon-lobbyist, Jack Abramoff. Their remarks suggest that they are arrogant, self-serving politicians who fail to recognize the fact that they wasted over $11 million and inflicted harm to tens of thousands of foreign workers in the process.

In response to questions about the book, Froilan Tenorio was quoted by the Saipan Tribune:

“It was during my term that the CNMI collected the most revenue from 1994 to 1998,” Tenorio told Saipan Tribune. “After that, the economy kept coming down. Mr. Abramoff's work was worth the money. If he had asked for more money and if we had that money, I could have given him more. He was effective, successful in what he was hired to do, to prevent damage to the CNMI. We were helpless out here.”

Tenorio, also a former speaker, said if he were still governor today, he would retain lobbyists in Washington, D.C.

“For me, I'd rather have a lobbyist in Washington, D.C. than a [nonvoting] delegate. You can't compare the job of a lobbyist to that of a delegate,” he said.

Tenorio said Gov. Benigno R. Fitial is now just waiting for the next election when Congress could be controlled again by Republicans.

“I hope it will be a Republican Congress again so we can ask them to give us back control of our immigration,” Tenorio said.

What a distorted view Tenorio had then and maintains today. Abramoff successfully manipulated Congress and his clients to the detriment of the Indian tribes, foreign workers, and taxpayers. Does he seriously believe that corrupt lobbying work is a better solution than a delegate?

Tenorio is completely delusional if he thinks that any Congress would reverse its decision to federalize immigration and give back local control to the CNMI.

Fitial was quoted by the Tribune as saying:

“Mr. Abramoff can come here anytime if he wants to. If he comes here, I will entertain him as my brother.”

This remark is a direct reflection on the character of the top leader of the CNMI. Like a member of a mafia crime family, he wears his corrupt connections and illicit acts like badges of honor. He acts like he is above the law because he has never been prosecuted for any of his questionable acts, including interference in the election of the speakership in 2000. While most politicians aim to amass accolades for praiseworthy legislation, extraordinary public service or improving the quality of life for their constituents, Benigno Fitial, the governor of the CNMI accumulates scandals: massage-gate, election-gate, ARRA-gate, drug dealer driver-gate, Aldan-gate, OGA-gate, political party-gate, and on and on. While Republicans in the U.S. Congress attempt to distance themselves from any Abramoff or DeLay connections, the CNMI governor flaunts his connections. Stunning.

The Tribune also reported that Abramoff organized over 150 junkets for U.S. members of Congress, staffers, reporters, and those supporting the CNMI agenda. This is accurate; however, the article incorrectly suggests that Congressman George Miller (D-CA) was among the Abramoff junket takers. While the congressman did take a trip to the CNMI, Miller's trip was not arranged by Abramoff, nor was it paid for by CNMI lobbying money as the other trips were.

It was an independent trip that he made in January 1998 to attend the inauguration of Governor Pedro Tenorio and also a fact-finding mission arranged to determine the status of the the foreign workers and CNMI guest worker program. Unlike the Abramoff-CNMI sponsored trips that were mere dog and pony shows aimed at promoting the CNMI agenda, Miller's trip focused on interviewing officials, workers, attorneys, religious leaders, business owners and advocates. He made visits to barracks and work sites to determine the real status of the CNMI's foreign workers and the guest worker program. The report that Miller prepared after his CNMI trip painted a portrait of the CNMI where abuses and problems flourished "Beneath the American Flag."

In contrast, Abramoff's view of the CNMI was clearly portrayed as his client, the CNMI government paid him to portray it. In his book, Abramoff claimed that he defended the CNMI because he saw the "place with his own eyes." Either he is blind or he saw what he needed to see to defend some of the scummiest, most self-serving politicians ever, in exchange for millions of dollars in lobbying fees. While the dump was burning, the infrastructure was crumbling, schools needed repairs and tens of thousands lived in extreme poverty in ramshackle barracks, millions were poured into Abramoff's pockets.

It is interesting to see how felons and lawbreakers defend their actions and try to redeem themselves through public statements, interviews and books. In the end, it is the responsibility of the U.S. Congress to clean up Washington and introduce legislation to lessen the power and influence of special interest groups and lobbyists and restore a government for the people, by the people, for the people.

2011-12-31T18:08:00.000+10:00

Wishing you all a Dream-Come-True Year for 2012!

2011, A Year of Attacks on American Principles

2011-12-30T04:22:00.000+10:00

December 29, 2011

As I reflect on 2011 and attempt to come up with some positives about the year, I can only conclude that the most positive event of the year is that it is finally coming to an end.

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.

Boboy, Nani and I wish you all

2011-12-23T19:31:00.002+10:00

2011-12-23T19:24:00.000+10:00

December 22, 2011

Attorney Maya Kara made some revealing statements at a conference entitled Human Resources: Navigating through Change, that was sponsored by the Society for Human Resource Management. The former Acting Attorney General and former CNMI Department of Labor hearing officer described the CNMI labor and immigration system as "so lax,” where no one bothered with foreign workers who did not have permits.

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.

“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.

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?

CNMI Governor Questions, "Does the federal government have a problem with brown people?”

2011-12-22T22:20:00.003+10:00

December 21, 2011

In an interview with the Marianas Variety, Governor Fitial claimed that the CNMI federal Medicaid cap is "unfair" and stated that Guam doesn't have a cap. (Every territory has a cap and local match.) He said, "Guam doesn’t have one…only us...does the federal government have a problem with brown people?”

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.

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.

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.

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

2011-12-20T22:33:00.000+10:00

December 20, 2011

In a small, closely knit community where racism is thriving and hostility towards foreign workers is rampant can there be justice for a foreign worker who brings a case before a jury? A female foreign worker who was raped on Rota would say no. A female worker who filed an EEOC complaint against the Tinian Dynasty Hotel for being terminated in pregnancy-related issues would say no. A singer who worked for The Saipan Grand Hotel would probably not think so.

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 false
report to authorities regarding her immigration status."

A 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.

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

2011-12-20T08:03:00.002+10:00

December 19, 2011

As the CNMI economy sinks to depths approaching the Marianas Trench, what is the CNMI House of Representatives voting on? Not raising revenue, not reducing crime, not cleaning up the island to attract tourists and investors. They voted unanimously on a bill to expunge criminal record, voting to reject but "fine tune" the bill.

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.

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.

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.

CNMI Running on Empty

2011-12-19T21:17:00.000+10:00

December 19, 2011

I look at federal and state budgets the same way I look a family budget. There are some common sense basic guidelines for not going bankrupt. Look at what's coming in and don't spend more than that amount each month. If you have to borrow, borrow only what you can pay back within a couple years with an affordable monthly payment plan. If your income decreases, spend less or increase revenue.

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

2011-12-19T11:29:00.000+10:00

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

2011-12-18T23:25:00.000+10:00

December 18, 2011

During the transition period from CNMI to federal immigration law, the U.S. Department of Justice, U.S. Department of Homeland Security and USCIS will have to watch the CNMI government and CNMI Department of Labor to make sure that they are not stepping on their toes by rules and proposed legislation that preempts U.S. immigration law. They can start with reading the new CNMI labor (and immigration) law. (An October 2011 post outlines the serious problems).

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.

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.

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.

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 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)

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.

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.

“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.

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.

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

2011-12-17T23:07:00.000+10:00

December 16, 2011

When I started advocating for rights and justice for the CNMI's foreign workers in the late 1980s I received responses to my letters. I also received many follow-up phone calls. The responses suggested that, at the very least, someone in a position of authority or power understood my pleas and was interested in addressing the issues. In fact, many of the problems were addressed.

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.”

“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.

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".

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

2011-12-16T08:43:00.000+10:00

December 15, 2011

Rep. Doc Hastings, the Chair of the U.S. House Committee on Natural Resources has removed HR. 1466 from the House Calendar. The bill will not be heard before the Christmas break. Governor Fitial takes the credit for the bill's removal citing help from Republican friends like Rep. Steven King (R-IA) and Rep. Brian Billbray (R-CA). (Billbray accepted one of the first Abramoff-sponsored junkets to the CNMI.) Fitial worked through the House Republican Study Committee to get the support he needed to remove the bill.

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

2011-12-14T17:56:00.001+10:00

December 13, 2011

Advocates, officials, foreign workers and employers questioned how the transition to the CNMI guest worker program could possibly be implemented justly and smoothly when the final rule was not released until September and was set to go into effect only months later on November 28th. The delay has caused hardship and turmoil for the employees and their families who had to wait to see the final rule before deciding their future; for business owners who were hit with a ridiculously short period of time to learn the new requirements, advertise positions and submit applications to petition their foreign workers; and for the CNMI community at large which is economically dependent on foreign workers.

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

2011-12-13T10:37:00.000+10:00

December 12, 2011

A story in the Saipan Tribune states that several foreign Public School System employees were directed to stop working for "failing to turn in required documents as proof that they have legal status."

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.

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.

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.

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:

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).
Immediate Relative

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.

More information is on the USCIS web site.

Any foreign worker, whether he/she has a U.S. citizen relative or not may file for humanitarian parole.