‘Stateless’ plead with Ashcroft not to appeal ruling

The CNMI’s “stateless persons” asked U.S. attorney general John Ashcroft and acting solicitor general Paul D. Clement yesterday to negotiate with them, instead of appealing the court decision that had declared them American citizens.

Randy Mendoza, spokesperson of the group, asked the federal officials to consider the impact that opposing the grant of American citizenship to them will have on their lives, including those who want to serve the U.S. military.

Mendoza sent the letter to Ashcroft and Clement as the federal government’s deadline for appealing a ruling by the U.S. Court of Appeals for the Ninth Circuit approaches.

The appellate court earlier overturned Saipan federal court’s ruling, which declared that stateless persons are not U.S. citizens. Later, the appellate court denied the State Department’s request for a re-hearing on the case.

The deadline for appealing that case before the U.S. Supreme Court originally fell on Dec. 15. The State Department, represented by the Department of Justice’s Clement, asked the High Court for an extension of the deadline, which was reset to Jan. 14, 2005.

“I would like to understand your concerns and objection to our becoming citizens and see if perhaps some of them can be addressed or discussed directly, between us, rather than relying upon the complicated and faraway machinery of Washington,” Mendoza said in the letter.

If no appeal is taken against the appellate court’s ruling on or before the Jan. 14 deadline, the decision upholding American citizenship for the CNMI’s stateless persons becomes final and executory.

Stateless persons are those born in the Northern Marianas between Jan. 1, 1974 to Nov. 4, 1986—the intervening period between the adoption of the Covenant and its ratification. This resulted in these individuals not being granted U.S. citizenship even if they were born here.

The move by the federal government indicating that it would appeal the appellate court’s ruling came about even as the Commonwealth government remains vocal in its support for the stateless individuals. Gov. Juan N. Babauta earlier stressed that their political and immigration status unintentionally resulted from their birth in the Northern Marianas between Jan. 1, 1974 to Nov. 4, 1986.

Babauta earlier said he would like a citizenship swearing-in for the stateless persons once the appellate court’s ruling becomes final. His administration has also advised stateless persons to file applications for U.S. passports with the U.S. Passport Office.

Mendoza contrasted the stateless group from foreign residents on Saipan, saying that the latter stay for a while on the island, send money back home and the return.
Mendoza also addressed the letter to assistant U.S. attorney Mikel Schwab, who is based on Guam, the territory’s attorney general Douglas B. Moylan, and Paz Younis, acting chairperson of Inetnon Taotao Tano, who had opposed the stateless persons’ clamor for American citizenship.

“I’m aware that we are young; we are not politicians or big businessmen. We may not have anything to offer the world to influence this decision concerning our future. I’m sure that we are not aware of the ‘big picture’ behind your decision to litigate against our attempt to become U.S. citizens. But please know that your actions are having a large impact on our lives,” Mendoza said.

“Every month that our status remains in limbo is another month that we cannot fulfill lifelong dreams such as serving our country through military service, pursuing higher education and professional training, and visiting friends and family abroad,” he added.

Mendoza said many of his colleagues in the group have been forced to hold off plans for college and travel, even if they graduated from Saipan with honors. Some of their siblings are U.S. citizens.

Mendoza, a Business Management cum laude graduate from the Northern Marianas College, said he recently passed the ASVAB test “with flying colors,” and is seeking appointment to West Point Academy.

“Will I be able to make use of my abilities, support my family, and bring credit to my island and my country? Or will my life remain in limbo due to an administrative lapse of a generation past?” he asked.

“The day is approaching for this inadvertent legislative error to be rectified,” he said. “Until I have been helped to understand your objections, I cannot help but wonder if you are weighing your concerns against the impact they are having upon my life and those of the 300 young people I represent.”