| Pacific Update |
US control of Northern Marianas’ immigration now inevitable
The United States is now close to applying federal immigration and labour rules to one of its US territories in the Pacific—the Commonwealth of the Northern Mariana Islands (CNMI)—at a time when the local economy is at its worst since the early 90s.
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United we stand... thousands of foreign workers with the support of many CNMI indigenous residents and other US citizens, made their voices heard against abusive local labour system with the holding of a “unity march”.
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Two separate bills—S. 1634 and H.R. 3079—in the US Senate and the US House of Representatives seek to federalise CNMI’s immigration and both have bipartisan support to clear the Congress for President Bush’s signature.
If everything goes as planned, CNMI would cease control of its own immigration by the middle of 2008.
S. 1634 was drafted by the Bush administration through the US Department of the Interior’s Office of Insular Affairs.
One of the main drafters of S. 1634, Interior Deputy Assistant Secretary David B. Cohen, is stepping down from his post effective end of January 2008.
He is thankful the Bush administration’s efforts to improve CNMI immigration have paid off.
On December 13, S. 1634 was bundled with 40 other House-passed measures into S. 2483 and is likely to pass the Senate and House.
Thousands of foreign workers, with the support of many CNMI indigenous residents and other US citizens, also made their voices heard against abusive local labour system with the holding of a “unity march” on December. 7. It was held on a rainy CNMI Constitution Day.
But the rain didn’t dampen the spirit of the unity march, which was the largest public gathering in CNMI history, with crowd estimate at 6000 to 15,000.
“Federalisation is no longer just a possibility; it is inevitable,” said former Rota teacher and human rights activist Wendy Doromal, who flew in to Saipan from the United States only to take part in the unity march.
Four days later, or on Dec. 11, the US House of Representatives approved H.R. 3079 that would place CNMI immigration under federal control and create a federally run guest worker programme that would eventually end foreign worker permits. ‘
The bill, as passed by the House, however, no longer contained a provision granting a nonimmigrant status to long-staying foreign workers in the CNMI.
A non-immigrant status would have allowed thousands of foreign workers to freely travel, work or study in the US and its territories—a privilege currently afforded to citizens of the Freely Associated States including Palau, the Marshall Islands and the Federated States of Micronesia.
Allen Stayman, a senior staffer at the US. Senate Energy and Natural Resources Committee, said the Senate is likely to pass H.R. 3079 in early 2008 as “it appears that there are no objections in the Senate to concur with the House-passed H.R. 3079.”
“Now that H.R. 3079 has passed the House and will likely pass the Senate before I finally walk out the door, I feel that it’s safe for me to return to California,” Cohen said.
He said he is confident US Interior Secretary Dirk Kempthorne and Cohen’s potential successor, OIA director Nikolao Pula, have a good understanding of what is going on in CNMI. Both Cohen and Pula are from American Samoa.
CNMI Governor Benigno R. Fitial remains opposed to H.R. 3079 and S. 1634, saying it doesn’t make sense to turn over immigration and guest worker policies to bureaucrats in Washington, D.C., which is about 8500 miles away from the CNMI.
“We have made repeated attempts to persuade the Congress that this is the wrong step at the wrong time.
“Unfortunately, since the Commonwealth is not represented in Congress, these efforts have only had limited access,” said Fitial.
Rep. Donna Christensen, D-Virgin Islands, and author of H.R. 3079, said the legislation is necessary on several fronts.
“The bill would provide a stable immigration policy to rebuild the CNMI economy, augment current efforts to diversify and strengthen the future economy, increase the opportunities and skills of local residents to fill private sector employment needs, safeguard the existing foreign guest worker population from employer abuse, and secure the region in the interest of national security and give CNMI representation in Congress,” she said during deliberations on the bill.
CNMI’s neighbour, Guam, is home to US military installations. Additional 8,000 US Marines will be relocated to Guam from Okinawa, Japan; thus the need for the US to further secure the Marianas consisted of Guam and the CNMI.
Christensen said as both Guam and the CNMI make up the Mariana Islands chain, and if Guam is the “tip of the spear,” then the CNMI is part of the same blade.
“If one would be interested in preserving national security, then you would want to support this legislation,” she said.
Besides federalising local immigration, H.R. 3079 would also give CNMI a delegate in the US House of Representatives.
The CNMI is the only US jurisdiction without any form of representation in Congress.
Similar legislation has been favorably reported by the House Natural Resources Committee in three previous Congresses but received no further consideration by the House.
“It is time that we provide the same level of representation afforded to other US. territories,” said Christensen.
Cohen, who has championed the cause of protecting the rights of guest workers in the CNMI and the local population, said his “proudest day in this job was when I first urged Congress, on behalf of the Bush administration, to grant the CNMI representation in the US House of Representatives.”
“I pointed out to Congress that young men and women from Saipan, Tinian and Rota were fighting and dying so that the people of Iraq and Afghanistan could enjoy the rights these brave soldiers did not enjoy at home.
“My happiest day in this job was last week when Congress passed a bill that would grant the people of the CNMI the representation that they deserve,” he added.
Guam Congresswoman Madeleine Bordallo said H.R. 3079 includes a provision creating a unified visa-waiver programme for Guam and the CNMI based on the existing Guam-only visa waiver programme, which the Congress authorised in 1986.
The new visa waiver programme would authorise tourists entering either Guam or the CNMI to stay in either or both locations for a maximum of 45 days.
The current Guam-only visa waiver programme provides only for a 15-day period of stay.
--By Criselda B. Hernandez
END OF SWEATSHOP ERA
With controversial Washington, D.C. lobbyist Jack Abramoff now out of the picture, efforts to further rid the CNMI of its sweatshop image and human trafficking charges are finally seeing fruition.
Abramoff, who is now serving a six-year prison term on unrelated fraud charges, dissuaded US. Congress for several years from tampering with CNMI labour and immigration.
At the time, the CNMI was under heavy scrutiny for its right to use “Made in the USA” labels on garments made by poorly paid and poorly treated Asian workers mostly from China.
Abramoff worked for the CNMI government, and his allies in Congress, including former Majority Leader Tom DeLay, R-Texas.
Rep George Miller, former chairman of the House Natural Resources Committee and who had advocated imposing federal takeover of CNMI labour and immigration for decades, said the passage of H.R. 3079 “will send a strong statement that the US. House is finally rid of the Abramoff/Delay axis.”
Rep Nick Rahall, chairman of the House Natural Resources Committee and co-sponsor of H.R. 3079, said the bill would address nearly two decades of mounting concerns about CNMI immigration policy and years of maneuvering by Abramoff.
MAKING HISTORY
The 14-island chain of the Northern Marianas is home to some 20,000 foreign workers, mostly from the Philippines, China and other Asian countries.
On December 7, most of them peacefully marched on Saipan’s scenic Beach Road and converged at the American Memorial Park not only to support the passage of H.R. 3079 and S. 1634 which was later bundled to become part of S. 2483, but also to dramatise their protest of a CNMI Public Law 15-108.
The local labour law requires foreign workers to exit the CNMI every 42 months and prohibits guest workers from transferring to other employers.
The march got the support of thousands of CNMI local residents and other US. citizens. They described P.L. 15-108 as “inhumane, anti-business and anti-worker,” and called for its repeal.
“Tonight we have made history,” said a newly elected member of the CNMI House of Representatives and one of the organisers of the unity march, Tina Sablan.
The crowd estimate, observers said, was a lot greater than the 3,809 votes received by CNMI Governor Benigno R. Fitial, whose administration sponsored the bill that became P.L. 15-108. But foreign workers are not allowed to vote in the CNMI.
“The most powerful statement made tonight is the fact that we are all here together,” Sablan added.
The march also got the strong support of the local and foreign business community.
The marchers, wearing white shirts, braved the rain shouting slogans while carrying placards that read, “Repeal Public Law 15-108,” “Justice for All,” “Biba America. Please unite us local and contract workers,” “Unity march to repeal PL 15-108, yes to federalisation,” and “Improved Immigration Status for Long-term Guest Workers.”
A US citizen child who will be forced to exit the CNMI once his parents return to the Philippines for the periodic exit required by the new law, held a placard that read, “I am a US citizen of this Commonwealth poised to be exiled. I did nothing wrong. Please help me.”
Maria Cristina S. Bansil, a 40-year-old accountant, told ISLANDS BUSINESS that she and her husband couldn’t afford to leave their children for up to six months as required by the new law. The law is to take effect on January 1, 2008.
“All our four children are US citizens. We don’t want to leave them here for up to six months if it’s our turn to exit. They’d have more benefits here than in the Philippines,” she said.
She and her husband Abel Bansil, 44, joined the march along with their children aged 1, 5, 10 and 12.
Other children whose parents are from the Philippines also held placards saying, “We need parents not social workers,” and “President Bush promised that no child is left behind. Please scrap P.L 15-108 now!”
Jerry Custodio, president of the Human Dignity Act, said the overwhelming turnout gave hope to guest workers.
“We hope that the governor will change his mind and will call for a repeal of the law,” he told ISLANDS BUSINESS.
A few months ago, the governor called the alien workers holding peaceful protests “illegals,” which created uproar in the community.
CNMI lacks manpower for its private sector; thus it relies on some 20,000 foreign workers—from house workers to farmers, nurses, teachers, accountants, engineers, architects, journalists, plumbers and mechanics, among other professionals and blue collars.
Atty. Stephen Woodruff, a workers advocate and who came to Saipan 33 years ago as a US Peace Corps volunteer and stayed here since then, said Public Law 15-38 “is a very bad law” and is, in fact, “the worst law in the CNMI in the 30-year history of the Legislature”.
“This is a great day for the Northern Marianas,” he said. “Never in my life have I had an opportunity to stand in front of this many people standing up for their rights.”
The new CNMI labour law, however, will be superseded by the CNMI federalisation bills pending in US Congress once they become law.
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