US senator promises to monitor legislation for CNMI’s ‘stateless’

The CNMI’s “stateless persons” gained another ally in the U.S. Congress, with U.S. Sen. E. Benjamin Nelson of Nebraska promising to monitor legislation related to the Northern Marianas.

Nelson made the assurance recently in response to a letter from a Nebraska student, Taylor Gage, who had expressed his support for the cause of the stateless group.

Nelson had researched on the history of the lawsuit filed by stateless persons against the State Department, and assured of his support if the matter comes before the Senate.

“As this is purely a matter for the courts, the Senate can take no action on it. However, I assure you that I will continue to monitor legislation related to the CNMI as my work in the Senate proceeds,” Nelson said.

Randy Mendoza, who serves as spokesman for the stateless group, welcomed this, expressing hope that, in the event that the group is denied American citizenship by the Supreme Court, federal legislation may win its members U.S. citizenship.

Mendoza, along with other stateless persons, claim that they could not join the military and pursue higher education in the U.S. mainland due to their immigration status.

The U.S. Court of Appeals for the Ninth Circuit has favored American citizenship for the stateless persons but the State Department may still appeal this, which could bring the issue all the way to the U.S. Supreme Court.

The State Department has to file with the Supreme Court its appeal on or before Jan. 14, the new deadline that the High Court had set. If the department fails to file its appeal within the prescribed period, the Ninth Circuit’s ruling upholding American citizenship for stateless persons will become final.

The move by the federal government indicating that it would appeal the appellate court’s ruling came about even as the Commonwealth government remained vocal in its support for the cause of the stateless individuals.

Stateless children are those who were born to non-U.S citizens in the CNMI between Jan. 9, 1978—the time when the Covenant between the CNMI and the United States was adopted—and Nov. 3, 1986—when the Covenant was ratified. Being born within that period, they failed to obtain U.S. citizenship.

Congressional relief for the stateless persons, however, is possible, with U.S. Rep. Daniel Burton pledging that he would join the CNMI government in asking the federal government not to appeal the Ninth Circuit ruling, during a visit to the CNMI sometime in October last year.

Burton reportedly said that his office was working with Gov. Juan N. Babauta in preparing a bill that seeks to grant the stateless individuals’ U.S. citizenship.

Burton’s office also brought the matter up with fellow congressman Richard Pombo of California, whose committee approved a measure that seeks a non-voting delegate for the CNMI in Congress. Burton reportedly said that he and other committee members would be willing to help the stateless persons if the latter fails to get judicial relief.