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Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: CNMI immigration, parole-in-place, humanitarian parole, immigration, Add a tag
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: federalization, scam, CNRA, CNMI immigration, Glenn H. Manglona, Paul Risenhoover, Add a tag
The Saipan Tribune gives a sketchy report about a lawsuit recently filed:
where: the 9th Circuit (this is a court of limited jurisdiction and you can't usually initiate cases there)
Plaintiff: National Chamorro Association of the Mariana Islands/president Glenn H. Manglona. This organization is so well known that no one has heard of it until today's newspaper article came out. (Well, maybe in Rota?)
Represented by/Attorneys/Co Plaintiffs: Robin Hood International Human Rights Legal Defense Fund and Paul Risenhoover. OMG! One federal judge said Paul Risenhoover is "a fraudulent opportunist."
Judge Batts made clear she viewed Mr. Risenhoover, an Oklahoma native who is about 30, as an unsavory character. She described him as a fervent anti-Communist who was deemed to be so unreliable by the Government that it ultimately stopped its dealings with him, fearing he would become a liability at trial....
[S]he said in her opinion that Mr. Risenhoover, who speaks Mandarin Chinese, English and Hebrew and claims to be a law school graduate who has not passed the bar, may have also been involved in other illegal activities, including other illegal organ sales and a fraud scheme on the Internet.
And if all that isn't enough, the lawsuit itself sounds ridiculous. The Trib says the complaint is 200 pages! That's long by any legal standard.
And some highlights to emphasize just how ludicrous this is:
They're also filing in international court on behalf of native Chamorros, Carolinians and Formosans???
The 9th circuit lawsuit apparently challenges whether the US Congress had the authority to enter into the Covenant. (Please read the US Constitution and the power bestowed on Congress regarding foreign affairs, territories, and commerce)
5th and 14th amendment claims for takings violations without compensation /impairment of contracts. (Is there any foreign worker here with a contract under CNMI law that was in effect on 11/28/2009 for a period that would last beyond 11/27/2011? I doubt it. Most CNMI contracts were for one year, some for two. But longer?)
And the lawsuit claims we have a right to cheap foreign labor under CNMI control because otherwise we may not be able to live--the CNRA constitutes a deprivation of the right to life!
What nonsense.
(Of course, Wendy beat me to this, and she has the pleadings available for review. I especially like that they have highlighted portions in yellow, and green, and red, and blue...OMG!)
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: Politics, Saipan, CNMI, SSHS Manta Band, Attorney General, CNMI budget, CNMI immigration, Add a tag
The tangentangen is full of brown, crackling, dried seed pods. Breadfruit trees are laden with huge ripe fruits. The nights are still cool and comfortable for sleeping, but the days have become hot and close--the kind of heat that leeches the energy out of you and makes you want to take a nap.
__________________________________________
Immigration -- There may be a court challenge to the CNMI's recent enactment, P.L. 17-1. If you are an alien in the CNMI, and you want to join forces in challenging the law, you might see a lawyer now. Low income persons can apply for help at MLSC. Others with middle or more income could check private lawyers like Mark Hanson, Rob Torres, Steve Woodruff, Colin Thompson, Richard Pierce (or any attorney of your choice).
CNMI politics--Still as disruptive as ever. The AG's office seems to be an arm of the Governor's Office, rather than an office serving the interests of the people. I now favor an independently elected AG. I worried that this would only make the office more political; but it now seems to be so political that "more" is impossible. I worried that legal work is not well-understood by the community and the opinions publicly stated would often lead to unconstitutional and unfair results; but the office is being used for unconstitutional and unfair results in the hands of the Governor, without accountability, so the people may be a better choice! I realize that the people re-elected the Governor, so there is little likelihood of real improvement with an elected AG; but it is remotely possible that such election would provide a measure of independence that is currently not present, and that would be healthy.
The CNMI budget--We're going to see the new CNMI Constitutional provision in play this year, and it won't be pretty. Governor Fitial will have a proposed budget by April 1. But the pressure on the Legislature to pass a budget by October 1 may force concessions no one likes.
Some ideas for what our CNMI Legislature could be focusing on now:
1. We have too many government employees--and the cuts should be at the top first, where expense is greatest. Constitutional protections apply to those in office, but if our CNMI Congress would pass legislation now that lowers these salaries, we will at least see savings in the future. Do it!
2. They could change to a part-time Legislature. And eliminate the municipal councils. We don't need so much government.
3. They could LEGISLATE a list of essential public services, so that the Governor cannot decide who gets money and who doesn't based on his own preferences, all under the guise of what is essential, if and when the budget doesn't pass.
We want a rational process, not unmitigated and unrestricted politics.
Community--The SSHS Manta Ray Band concerts on 3/26 and 3/27 were a success. Great performances, reasonably good attendance, successful fundraising. Just one small complaint: fundraising should be transparent. When you've set a specific goal ($140,000) for your trip to Carnegie Hall, you should be telling and showing exactly how close you are to the goal, on a regular basis. You shouldn't dodge specific questions like 'how much more do you need to reach your goal?'with vague assertions like 'we're close.'
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: immigration, federalization, Governor Benigno R. Fitial, CNMI immigration, umbrella permits, Add a tag
I've written another lengthy blog post with legal analysis, this time about the power struggle over umbrella permits, at the Day In Court blog.
I see more fruitless resistance by the Fitial Administration, to the harm of our community, including alien workers, employers, and the rest of us. We're all suffering from the uncertainty. We're all suffering from the wasted precious resources of our local government. We're all suffering from the focus on this problem when so many other issues need our local government's attention.
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: federalization, Economy, CNMI immigration, CNMI labor, Add a tag
I've written an analysis about Jacinta Kaipat's latest ploy to have our CNMI Legislature enact hiring "benchmarks" to "prioritize" hiring U.S. citizens. It's posted at the MLSC blog, DAY IN COURT.
The link to the original Marianas Variety article in that post doesn't work just yet, but I'm trying to get that fixed. (You'd think it would be easy, but alas--computer issues today.)
The federalization of immigration brings with it a host of changes, including the need to change our thinking to equal opportunity, non-discriminatory employment practices. Obviously, some people are having a much harder time letting go of the past than others.
Eventually, though, I think we will have a community that is more self-sufficient than at present. I think we will have more opportunities for better jobs for everyone here. I hope that what foreign workers we have in the future will have rights and jobs that pay for the value of their services. This will all take some committment to free and fair enterprise.
If we build our community on values that embrace equality, freedom, environmental protection, and human dignity, we should be able to surface, breathe, and rescue ourselves from the current precarious, drowning situation we are now in. At least, that's what I hope and believe.
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: CNMI immigration, Politics, federalization, CNMI, Economy, Add a tag
This excellent comment was buried in one of the threads, and I think it deserves a lot more light of day.
I agree with you Jane regarding the romantisizing of our recent past. I left this island nearly 20 years ago and just recently returned.
I don't even see anything close to the Great Wall or the Pyramids (other than the empty GIG that was once a thriving disco that rivaled anything in the region). The La Fiesta was not dependent on cheap labor and has been empty for years while we had access to cheap labor.
What I did see upon returning has been eye opening and far from anything I would revel in and consider great development and a prosperous economy. I found destroyed reefs and barren lagoons (in comparison to 20+ years ago). I found empty shells of 30 plus garment warehouses. I found empty strip malls. I discovered that around 70% of those I grew up with and went to school out here with no longer live here. They have families elsewhere. I saw that nearly 90% of the waitstaff, front desk clerks, bartenders,etc were guest workers (I was a waiter 25 years ago and my pals were front desk and housekeeping). I noticed that all the Mom and Pop stores that had once been owned by me and my friends Moms and Pops were now owned by foreign investors. Diego's Mart, Pop's Store, Morgans Mini Mart, Carmen Safeway, Tenda Store, Aldan's Gas Station, Farmers Market, etc. Same with the bars and restaurants like Ship Ashore, House of Chang, Chamorro Village, Town & Country, Chamorro House, etc are all replaced with foreign owned businesses. I noticed the streets that used to be filled with Japanese Tourist were now empty. The golf courses designed 20 years ago by Jack Nicolas were now unkempt. The hotels that used to average 90% occupancy now ran at around 50%. The Jets that used to fly between here and Guam are now prop plans. Direct flights to Japan that used to fly in and out 3 times a day down to 2 twice a week.
Where is our great wall? We had none. 30 years ago we could have built something great.
We had geographic edge with Japan only 2 hours away. We had great resorts and golf courses that were maintained and rivaled those in other areas of the pacific. We had relationships with agents and airlines that secured set routes and put us int he position to be the HUB for the Pacific region. We had locally run businesses and local workers at all levels that kept the money in our economy and didn't funnel it all out. We had a solid foundation birthed of the Covenant to maintain all of this and grow to be prosperous.
What happened?
We got greedy and we got led by some terribly short sighted leaders.
Our downfall is not to blamed on federalization of immigration. It is blamed on our own doing. We embraced garment. We spent millions on lobbyist. We exploited foreign labor and used guest workers to replace local labor rather than filling gaps and instead replaced our local workforce. We pulled in foreign businesses at the expense of local entrepreneurship. We doled out public land to foreign investors instead of catering to local investors. Our leaders did this because they could negotiate kickbacks and become middlemen in the schemes. Do land swaps and make millions overnight.
3 days ago the federal government took control of immigration in the CNMI; 27 years ago we destroyed this economy.
December 1, 2009 2:11 PM
I like this comment, not because it starts out by agreeing with me, but because of the specifics. It makes me sad, though, to contemplate the lost opportunities. Still hoping that--yes, we can--make it right.
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: immigration, federalization, CNMI immigration, Add a tag
It's almost the end of the day. I've been out and about--to the post office, the store, Garapan, now Java Joe's.
Nothing seems any different.
The world did not end with the federalization of the CNMI's immigration. The world did not magically improve either.
We'll have to wait and see how things develop over the next few years. This will be a slow process.
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: Politics, federalization, Governor Benigno R. Fitial, CNMI immigration, Add a tag
We can send Howard Willens to Washington, D.C. the minute we hear that the Court has dismissed the initial 2 counts of the case fighting federalization of our CNMI immigration.
But we are helpless to obtain printer ribbon to issue permits to the people here trying to renew their entry permits.
For about 2 weeks now, our office has been hearing how CNMI Immigration doesn't yet have the renewal permits ready because they're still waiting on printer ribbon. Yeah. Right.
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: Politics, federalization, election results, CNMI immigration, 2009 CNMI elections, Tao, Add a tag
1. Fitial is being re-elected Governor of the CNMI. He's ahead by 500+ votes, and it seems unlikely (although not impossible) that the absentee ballots will change the outcome of the run-off election.
My previous post on the elections included these:
2009-11-02 The candidates
2009-11-19 On the Spoils System
2. Fitial's lawsuit has been dismissed. It challenged the federalization of the CNMI's immigration, claiming the Consolidated Natural Resources Act violated the Covenant by infringing the CNMI's right of self-government.
Some of my previous posts on this subject, including analysis of the merits of the lawsuit, are here:
2008-12-17 A brief recap of the pending motions
2009-03-11 On the amicus brief
I want to say bad news (Fitial's re-election), good news (dismissal of the federalization lawsuit), but I am reminded of the Chinese story about tao.
What I see as good is that we had an election and we will have a Governor chosen by more than 50% of the people.
What I see as good is that we have a system of justice where anyone can make their claim and have a judge review it, based on written laws and principles.
Who knows? Perhaps it will take 5 more years of Benigno Fitial for us to learn a bit more about the spoils system and what its harms are.
We will have the same 5 years in transition to U.S. immigration. We'll see how it unfolds.
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: federalization, CNMI immigration, umbrella permits, Howard Willens, Deanne Siemer, Add a tag
There's been a lot of talk about umbrella permits, and lots of flak in the newspapers and on blogs. Opinions vary.
I want to weigh in on the subject. I want to be intelligent and perceptive about it. But it is impossible to do so because the legal basis for the "news" and the full terms of the Umbrella Permits are still a work-in-progress.
There is a CNMI "protocol" written by Howard Willens. I do not think this protocol has the force and effect of law; it is more like a guide or roadmap to help everyone understand how the CNMI administration is proceeding as to the transition to federal immigration.
The protocol, available at the CNMI Department of Labor's site does not mention the term "umbrella permit." Each of the immigration entry classifications is described, and a catch-all "other categories" classification is also included. None of these match up with the description of the "umbrella permit" as given so far verbally by Deanne Siemer.
And there is the whole question about Labor issuing permits that have any effect as entry permits.
I am studying it all. I am also awaiting the regs or whatever it is Attorney General Ed Buckingham is working on.
And I will have opinions, as well as analysis.
But I'm not going to give an opinion on the hot air that has been blowing all over Saipan. It means nothing.
Let's wait for the fine print. Then we'll have something to talk about.
Blog: Saipan Writer (Login to Add to MyJacketFlap)
JacketFlap tags: federalization, P.L. 110-229, House sub-committee hearing, CNMI immigration, Add a tag
Interested in the testimony presented at the Subcommittee on Insular Affairs, Oceans and Wildlife--that's a subcommittee of the Committee on Natural Resources, House of Representatives? This is the hearing on the impact and progress of federalizing the CNMI's immigration pursuant to P.L. 110-229.
While we wait for Wendy to report at Unheard No More, here's something to read:
GAO testimony about its position: Coordinated Federal Decisions and Additional Data are Needed to Manage Potential Economic Impact of Applying U.S. Immigration Law.
The chart on the first page of the attachment to the testimony is a good graphic summary of P.L. 110-229.
You can also get the full sense of the flow of the hearing by this listing of witnesses: subcommittee panel listing and by watching a video of the hearing, also at this link.
Thanks to Dan MacMeekin.
I am agreement 110%, it is too bad that"common sense" will not prevail. as always, this is one word that is not in the "local" dictionary.
Your observations and "legal opinions" are always so welcomed and respected. (even if sometimes I am not in total agreement)
Thank you.
Sorry, but attribute that first comment to me.(wrong button)
We have too many government employees--and the cuts should be at the top first, where expense is greatest. Constitutional protections may apply to those in office, but if our CNMI Congress would pass legislation now that lowers these salaries, we will at least see savings in the future.
Jane, that is exactly the wrong direction, and pandering to the Politics of Envy.
First, if you look at total numbers, it is not the key management officials where the do-nothing jobs lie (for the most part), because there just aren't that many of them.
The bulk of personnel costs goes to low-paid workers.
Also, a very strong case could be made that the key management and professional employees are underpaid. People with real skills are part of a nationwide or worldwide market place. Don't treat them right and they move on.
That is the ultimate reason that our CHC, OAG, and CUC are so messed up. It's not merely "politics," but just plain maltreatment, incompetence, poor working conditions, and low pay.
Your "solution" would actually make things worse. We have already tried underpaying doctors, lawyers, and engineers for a decade or more. (Not counting recent professional graduates, their pay is fine.)
It hasn't worked. First pay the key employees, so we can get started fixing things. Otherwise, matters will continue to get worse and worse.
An elected AG is worthless without budget control and an adequate salary -- the same as an associate judge.
I'll grant you our legislature is bloated, considering the size of our population. We need a 3-person Senate and 7-member House.
Maybe you should draft some constitutional amendments to change the AG and legislature, and once they've been critiqued, have Tina circulate them?