Litigation still an option

A lawsuit against the U.S. government remains one of the Fitial administration’s options for a response to the imminent “federalization” of the CNMI’s immigration control.

Gov. Benigno R. Fitial in his State of the Commonwealth Address Friday cited three courses of action which he said the Commonwealth can pursue: litigation, negotiations regarding the regulations, or seeking amendments to the legislation now awaiting the president’s signature.

“I am in the process of consulting with the Legislature, the business community, the indigenous community, and other interested parties about these options,” said Fitial.

The omnibus bill that extends federal immigration laws to the Northern Marianas is now with President Bush. It is expected to be signed within the next 10 days.

The administration and the private sector have warned that the bill would further hurt the CNMI’s struggling economy. They believe that a federalized immigration system would make it difficult for the CNMI to hire alien workers to fill jobs on the islands. They also fear the CNMI will lose its edge as a destination for Russian and Chinese tourists.

Fitial said there is clamor in the community for the government to challenge the federalization measure in court. The main argument is that the legislation is not authorized by the Covenant, as it denies the CNMI’s right to self-government over the local economy and workforce. Another argument is that the legislation is contrary to the U.S. Constitution “because no local community on the mainland has been, or could be, subjected to such controls over its local economy.”

But the governor acknowledged that litigation “is a difficult and controversial alternative.” Still, he noted that there is “both vigorous support and articulate opposition” to suing the federal government.

The second option cited by the governor is to participate fully in the drafting of the regulations implementing the new law. “We cannot afford to sit back and wait for the federal agencies to solicit our opinion regarding the regulations,” he said.

He reported that local tourism leaders, joined by Immigration Director Melvin Gray, have already started discussing the law’s provisions for a joint visa waiver program for Guam and the CNMI. The Saipan Chamber of Commerce has also come out publicly about its plan to participate in the drafting of the regulations, especially with concern to foreign worker provisions of the new law.

The last option is to seek amendments to the federalization measure when the U.S. Congress considers national immigration reform. Fitial took a swipe at the drafters of the current bill, saying that immigration experts in the Judiciary Committees of the two houses of Congress should have a better understanding of the CNMI’s unique problems than those who shaped the bill just approved by Congress.

Many lawmakers seem to agree that litigation is out of the question.

House Speaker Arnold I. Palacios maintained that the commonwealth would be served best if the government just cooperated with the U.S. government in drafting the regulations. “I think that is the most appropriate option. Let us waste no more money, no more time fighting it out,” he said.

Senate President Pete P. Reyes also said that while many local leaders oppose the federalization bill, there is no point in suing the U.S. government over the measure. “The bill has gone through both houses of Congress. We have to accept the reality that there is going to be federalization. All we can do now is to position ourselves to participate and try to make it work,” he said.

Rep. Diego T. Benavente, chairman of the House Committee on Federal Relations, echoed the statement of both legislative leaders. “If the governor chooses litigation, I hope he uses his personal money, because the Commonwealth does not have the resources to fund that. To me, the two other options are the obvious approach. By still talking about litigation, we are only pushing ourselves backward, rather than moving forward. We’ve come to a point where you just have to get over your personal wish and move forward,” Benavente said.

“I definitely would want to see our government involved in drafting the regulations, as opposed to raising our concerns after the fact,”said Rep. Edward T. Salas.

For her part, Rep. Tina Sablan said that litigation is “costly and futile. I think the second option is the most obvious and fruitful. Let us come to the table and help the federal government create the regulations.”