By Haidee V. Eugenio
Variety Assistant Editor

DEPUTY Assistant Secretary of the Interior for Insular Affairs David B. Cohen has told the U.S. Senate Committee on Energy and Natural Resources that federalization of the CNMI’s immigration system should minimize damage to an economy that has “gotten worse” from last year, and maximize potential for future economic growth.
While citing progress made by the CNMI government to address labor problems, Cohen said the labor situation is “far from perfect.”
Cohen, in his nine-page statement to the U.S. Senate committee which has oversight over the CNMI and other insular areas, cited the islands’ two-tier economy, among other things, where the private sector is overly reliant on foreign workers who are paid much lower wages than those working in government and whose limited legal rights have created “a great risk of exploitation and abuse” in the islands. (See related story on page 8)
“Perhaps we would not all have to work so hard to prevent abuse if the structure of the CNMI’s economy did not give rise to such risks. And eliminating the most overt forms of abuse will not necessarily eliminate subtler forms of exploitation that arise when foreign employees have little power and a great deal to lose if they assert even the limited rights they have,” said Cohen in written testimony to the U.S. Senate panel for the Feb. 8 hearing on the CNMI.
In his statement before the committee, Cohen reiterated his call for the Congress to grant the CNMI a non-voting delegate to the U.S. House of Representatives “before considering legislation that would drastically change the lives of the people” of the commonwealth.
“(Four) sons of Saipan died so that the people of Iraq could enjoy rights that are still not enjoyed by the loved ones that these brave young men have left behind,” Cohen told the committee chaired by Sen. Jeff Bingaman, D-N.M.
Lt. Gov. Timothy P. Villagomez leads the CNMI delegation to the Senate panel hearing.
Cohen echoes the goal of the group “Our Commonwealth” to have the U.S. Congress consult first with the CNMI before federalizing its labor and immigration systems, adding that the Congress should recognize the CNMI’s unique circumstances.
Cohen also echoes the sentiment of the “Dekada” movement to have improved immigration status for long-term foreign employees.
“I hope that the Committee and the CNMI government will keep the situation of these long-term members of the CNMI community in mind as they consider reforms to the CNMI’s immigration system,” said Cohen, referring to alien workers who have been working legally in the CNMI for five, 10, 15 or more years, and who were “essential in building the CNMI economy.”
Cohen provided the committee with five principles to guide any discussion of federalization, including national and homeland security.
“The second principle is that…we should minimize damage to the CNMI economy and maximize the potential for future economic growth…The federal government must make every effort to avoid imposing measures that could plunge the CNMI even deeper into crisis,” Cohen said.
He added, “If the CNMI were to embark on such a process (of building a sustainable economic future), there would not necessarily be a need for Congress to delay its effort to establish a framework for a new immigration system.”
Among the principles Cohen provided is that the U.S. Congress must ensure that the new CNMI economy is not as conducive to worker exploitation and abuse as was the old CNMI economy; that there should be a careful analysis of the likely impact of major proposals before implementing them; and to ensure that the people of the CNMI participate fully in decisions that will affect their future.
Cohen said Interior is ready to explore with the Senate panel and with the CNMI representatives various options for establishing such a framework, including federalizing the CNMI’s immigration system “in a manner that would not cause needless economic or fiscal harm.”
“Since federalization would constitute a paradigm shift from the current system, we believe that various options for federalization should be considered carefully in order to avoid unintended consequences,” he said.
Cohen said the CNMI Department of Labor still has too few experienced labor investigators and hearing officers to deal with labor complaints, especially with 1,349 cases still pending from 2004 to 2006.
“We believe that enforcement in labor cases is hampered by an insufficient commitment by the CNMI law enforcement authorities to prosecuting or sanctioning repeat offenders. We are concerned about foreign attempts to influence the adjudication of particular cases in the CNMI’s fledgling refugee protection program,” said Cohen.
The federal official also expressed concerns about reports that increasing numbers of laid off garment workers are turning to prostitution, and that a majority of CNMI bonding companies that have obligation to pay workers’ back wages and provide tickets do not have sufficient assets to meet their obligations.
“The labor situation in the CNMI is inextricably linked to the fiscal and economic situation. The most significant threat to the human rights of foreign employees in the CNMI today is the deteriorating economy,” he said.
Bingaman’s Senate committee earlier asked Cohen’s boss, Interior Secretary Dirk Kempthorne, to provide responses to “25” sets of questions about the CNMI, including whether the CNMI could operate an immigration system that is satisfactory to the federal government.