‘Some displaced alien workers can apply for asylum’

Human rights lawyer Bruce Jorgensen yesterday welcomed and encouraged any displaced nonresident workers facing persecution in their countries to apply for asylum status in the U.S.

“They can absolutely do it. I am willing to assist anybody seeking asylum. I’d do that in tandem with any CNMI lawyers who are willing to handle the case,” said Jorgensen, a former CNMI-based lawyer in a telephone call yesterday.

The lawyer said that certain officials including Washington Rep. Pete A. Tenorio would try their best to discourage people from doing it, “but they know full well that it can be done.”

He said granting asylum is a U.S. obligation and therefore, the CNMI cannot do away with it.

“You tell me, if this is not U.S. obligation, why when the Chinese boat people were here did they tow those people to the island of Tinian? Why did they fly out U.S. INS personnel to Tinian to interview those people for asylum? And after the hearing on Tinian, where do you think they were sent? They are in the United States of America! They were sent to Carlineville, Illinois,” said Jorgensen.

Jorgensen, who previously represented some 40 plaintiffs in asylum case, which he said had resulted in a settlement, the Tinian interview took place sometime in 1998 or 1999.

“Asylum is a U.S. obligation despite what the CNMI does,” he said.

Tenorio earlier said it would be very hard for displaced garment workers to apply for the status because it involves a complicated process.

“Asylum requires a whole lot of different kinds of facts and information. The first to establish is whether a person is applying on the basis of persecution. They would have to demonstrate that they have been persecuted in many different ways from social, political,” he said.

While there may be some who may qualify for asylum or refugee protection, “I see that many will be disqualified.”

Further, he said that even if people apply for asylum or refugee protection, they cannot go to the U.S.

“They can’t go anywhere. We are covered by the treaty but when it comes to actually repatriate to the U.S. as bonafide asylum recipient of U.S., that’s not applicable here,” he said.

Jorgensen said this is not true simply because the CNMI is a U.S. jurisdiction.

He said that asylum seekers may not even go through the local asylum procedure.

“The CNMI, in an effort to short circuit the prior court proceedings, created its own asylum procedures, but it is not binding upon these people. Must they go through that procedure? There is a strong argument that no, they don’t even have to apply through the CNMI procedure,” he said.

“Do away with the U.S. Immigration Department. Do away with CNMI immigration department. Do away with all the immigration departments and still U.S. has this obligation. They are human rights obligations that the U.S. is responsible to fulfill. It doesn’t matter what part of the world they are in if the U.S. treaty obligations extends to that part of the world, then the U.S. has the obligation to help those people,” the lawyer said.

Jorgensen said that the CNMI could challenge it but he said that it is like passing a law in the CNMI declaring that children born in the Commonwealth are only CNMI citizens, not U.S. citizens.

“Would that law be binding? The answer is no. If the CNMI creates its own army, navy, marine corps, and say that the CNMI from hereon will exclusively defend itself, would that law be binding upon the U.S.? Of course not,” he said.

As for the garment workers that would be displaced as a result of downsizing within the industry, he said, they can stay indefinitely.

Tenorio earlier warned lawyers against giving false advise to nonresident workers on asylum and residency status.

“They need to give their clients proper advice and honesty because we don’t want people to be victimized. That would be another problem that Congress will look at,” he said.

Jorgensen, meantime, said that workers must secure their safety and protection.

“I encourage people to protect themselves and their families by asserting that their rights are guaranteed by the U.S. treaty obligations. I encourage them. Do not be discouraged by the campaign of discouragement that is being initiated and perpetuated by people who know better,” said Jorgensen.

This developed as a regulation on the employment status of refugees is now being promulgated in accordance to Article 17 of the 1967 United States Protocol Relating to the Status of Refugees.

The regulation proposes to give refugees in the Commonwealth employment status similar to that enjoyed by resident workers.

Last September, the Attorney General’s Office adopted regulations on persons seeking refugee protection.

The AGO is mandated to promulgate rules and regulations enforcing the U.N. Protocol Relating to the Status of Refugees and the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.