US govt files new motion to dismiss; oral arguments set

Lawyers for the U.S. government have filed a new motion to dismiss the federalization lawsuit after their first motion exceeded 25 pages — the maximum number of pages allowed.

Last month, the U.S. government filed a motion that was 33 pages. In response, lawyers for the CNMI asked the Washington, D.C. District Court to dismiss the motion.

But both parties recently came to an agreement that the federal government could file a new, shortened motion.

The condensed document covers the same issues the previous motion included: that the CNMI is changing its argument from one of economic harm to a breach of self-governance; the CNMI’s attorney general did not sign off on the lawsuit; and that the federal government is well within its right to impose U.S. immigration law on the CNMI.

The federal government has also filed a motion to deny the CNMI Descent for Self-Government and Indigenous Rights group from joining the CNMI government in the lawsuit because, according to lawyers for the U.S. government, the group’s arguments are merely expansions or reiterations of the CNMI’s arguments

“They are the same arguments said differently, and they do not reflect a difference in interests from those of the CNMI,” the lawyers wrote. “The CNMI is represented by experienced, competent counsel who have submitted more than 100 pages of argument on behalf of the CNMI, covering all the issues raised in the motions. The motion to allow CNMI Descent should be denied.”

The group, in their motion, said the CNMI Descent’s perspective is different than the Commonwealth as a whole because the group is looking at the impact on the indigenous population.

The indigenous population, according to the motion, will be diluted under the law because foreign workers in the CNMI will for the first time be eligible for permanent residency.

Until now, lawyers for the group wrote, the non-indigenous population grew by three methods: migration of U.S. citizens to the CNMI; the naturalization of immediate relatives of U.S. citizens; and the birth of new citizens in the CNMI.

These three ways were agreed upon in the Covenant, the motion stated.

“These increases, moreover, have been sufficiently incremental that the CNMI has been able to evolve gradually and organically toward a multi-ethnic political community with a minimum of social and cultural disruption,” the lawyers wrote. “The new method of increasing the citizen population, by contrast, will be drastic and disruptive; it was never agreed to by the indigenous community; and it is prejudicial to their legitimate interests.”

Robert O’Connor, the lawyer representing the group, earlier said the federalization law is disastrous to the CNMI economy and takes away the right to self-government.

“The decision on that law was made by senators from Delaware [and] by congressmen from Idaho, none of whom we elect, none of whom give a damn about what any people here think,” the lawyer said.

Meanwhile, United States District Court Judge Paul L. Friedman has set March 12 as the date when lawyers for the CNMI and the U.S. will argue their cases.