‘Federalization’s labor clauses violate Covenant’

The CNMI, in its response to the U.S. government’s motion to dismiss the preliminary injunction on certain labor provisions, argues the United States mischaracterizes the Commonwealth’s claims.

The United States asserts that the entire action relies on economic harms, but in fact, according to the CNMI’s response, the action alleges breach of contract between the U.S. and Commonwealth.

“At its heart, the Covenant guarantees the Northern Mariana Islands the right to local self-government and control over internal affairs,” the CNMI wrote. “This is a critical right for a small, isolated island community. In multiple ways, however, the Act violates that established right, and its implementation should be enjoined.”

In the original motion, the CNMI government asks that the U.S. Department of Homeland Security and the U.S. Department of Labor be ordered to stop from taking over the Commonwealth’s labor system. The government reiterates arguments stated in the original lawsuit that the labor provisions of the law, which President Bush signed earlier this year, will violate the promises of self-government and economic development detailed in the Covenant.

A 45-page memorandum submitted in support of the motion argues that the Commonwealth has met all the requirements for a preliminary injunction to be issued-namely, the CNMI is likely to win the lawsuit it previously filed against the U.S. government; the CNMI will “suffer immediate and irreparable harm” if the injunction is not issued; an injunction will cause no harm to the U.S. government; and an injunction is in the public interest.

“Without preliminary injunctive relief, the Commonwealth will suffer devastating and irreparable effects to its economy and the well-being of its people,” says the memorandum. “The challenged provisions of the Act violate rights of autonomy, self-governance, and economic development that lie at the heart of a unique and judicially enforceable Covenant, pursuant to which the people of the Commonwealth affiliated with the United States.”

In the response, lawyers for the CNMI stated that the Act preempts the Commonwealth’s labor protection laws for foreign workers.

“As a result, the CNMI’s local requirement that employers must provide health care benefits for foreign workers (who constitute almost one-third of the islands’ small population of less than 60,000 people) and its local administrative mechanisms for resolving labor grievances will be displaced, placing a huge burden on the Commonwealth’s one hospital and local court,” the response said.

Moreover, the immigration act retroactively imposes federal immigration to the CNMI, according to the response.

“…rendering workers lawfully admitted to the Commonwealth subject to removal as ‘illegal entrants and immigration violators.’”

This is the final reply to the preliminary injunction. The U.S. does not get a chance to respond.