Stateless defended by Babauta anew

Gov. Juan N. Babauta is asking U.S. Attorney General John Ashcroft to withdraw from contesting the appellate court victory of so-called stateless persons in the CNMI in their quest for U.S. citizenship and attached statutory benefits.

Babauta supported the cause of stateless persons, stressing that their political and immigration status unintentionally resulted from their birth in the Northern Marianas between Jan. 1, 1974 to Nov. 4, 1986—the intervening period between the adoption of the Covenant and its ratification.

“I request the U.S. DOJ [Department of Justice] to refrain from appealing…because the substantive basis of the [Court of Appeals for the Ninth Circuit] decision is firm and because the class of individuals affected by this decision…is a definite, fixed number that cannot increase or decrease and is estimated to be no more than 300 individuals,” Babauta said in a letter to Ashcroft.

The U.S. State Department has reportedly appealed the Ninth Circuit ruling to the U.S. Supreme Court. The State Department has been opposing the stateless persons’ request for judicial declaration bestowing on them U.S. citizenship.

Although the stateless persons lost the case at the U.S. District Court on Saipan, the appellate court effectively reversed the lower court’s ruling.

The State Department reportedly contended that the Ninth Circuit ruling slackened the requirements for U.S. citizenship, which would open the doors for other foreigners to assert American citizenship. Represented by DOJ attorneys, the State Department reportedly raised concern on potential security risks the Ninth Circuit ruling created.

“I further make this request because the equitable circumstances surrounding the claims… should be taken into consideration,” Babauta said.

He said that, because stateless persons were not considered U.S. citizens, they were deemed ineligible for benefits afforded to American citizens in the Commonwealth. These benefits include educational grants and welfare assistance, among others.

“These individuals are unable to avail themselves of the most basic and fundamental rights of citizens of the United States, the right to travel under the protection of the United States with an official passport,” Babauta said.

The governor called on stateless persons to register with the list earlier this year, as he planned on bringing the their concern to the U.S. Congress as an alternative to judicial means.