ONE definition of a “covenant” is a solemn agreement that is binding on all parties. It is a promise between parties. The Covenant between the United States government and the people of the Northern Mariana Islands is the solemn agreement that governs the political relationship between the parties. Regrettably, despite the solemn agreements delineated in the Covenant, the protections that are contained in the Covenant continue to be “chipped” away, little by little, one at a time, by the U.S. government and at the expense of the people of the Northern Mariana Islands.
First, the federal courts determined that the property rights of the people of the Northern Mariana Islands to the ocean and ocean beds — the 200-mile economic zone — are subject to the authority of the U.S. government. There is nothing written in the Covenant that our people gave to the U.S. government our rights over these properties or the resources therein. It was the arbitrary decision of the U.S. government through the federal courts that determined that the rights to these zones belong to the U.S. government because of a law that took effect after the Covenant was approved. Regrettably, the judges did not consider that the U.S. government can only receive from the people of the Northern Mariana Islands what was rightfully given and that there was no grant of the 200-mile exclusive economic zone in the provisions of the Covenant.
Since 1975, immigration to the NMI was under the control of the commonwealth government. Now, with the next congressional organization, Ms. Nancy Pelosi and Mr. George Miller may introduce legislation granting permanent residency to nonresident workers in the NMI. This will take place despite a strong consensus among NMI citizens against granting citizenship, since such a move will not be beneficial to NMI citizens and to the U.S. government. This may even take place despite U.S. immigration laws still not applicable to the NMI. So, this is to say that a special interest legislation will necessarily be made applicable here with no real benefit to NMI citizens.
The fact remains that no nonresident worker is here against his or her own free will and that availing to the NMI guest worker program was not a right but a privilege for any foreign national. The fact remains that no nonresident worker was ever recruited to work in the NMI with a promise that U.S. permanent residency will be given to them. To the contrary, nonresident workers always knew for a fact that U.S. immigration laws do not apply to the NMI and they can thus not receive permanent residency despite of the length of their stay in the NMI. To undermine our guest worker program will be a true miscarriage of justice and sending a message of opportunity to any foreign national that “green cards” will be given out upon arrival in the NMI.
It is also true that we have made mistakes in the past with the management of nonresident workers, but the same is arguably true that we have also made great strides to correct them and this was also acknowledged by some members of the U.S. Congress during the past administration. We have allowed many of the workers to remain in the NMI for years and not requiring them to exit after a set term of stay here as is required by U.S. immigration laws for foreign workers where U.S. immigration laws apply. Still, the solution should never be for the U.S. government to grant to NMI nonresident workers permanent residency in a place where U.S. immigration laws do not apply and where there is a strong objection by the NMI citizens with such a move. Thus, U.S. government does not intend to make U.S. immigration laws applicable to the Northern Mariana Islands.
To grant permanent residency or U.S. citizenship to nonresident workers should be done under the following conditions. The Dekada Brigade will need to train in the U.S. and serve, and prove their loyalty and head to the front lines of Iraq and serve a minimum of three tours and other things should the need arise. Second, the NMI government will need to ensure that those with this new residency or citizenship status should not remain in the NMI because neither the U.S. nor the commonwealth governments had ever promised any of these nonresident workers permanent residencies for their stay in the NMI. If the U.S. government were to proceed with granting permanent residency or citizenship to the nonresident workers, they must also include a condition that to attain the permanent residency, or citizenship, the nonresident worker must move to those areas of the United States where U.S. immigration laws apply. The law granting the permanent residency or citizenship cannot be made ex post facto. It must take effect on the date it becomes law.
I will be the first to defend an individual’s right to the protections to the First Amendment, regardless of how repugnant his or her cause. Having said that, I find that the Dekada’s plan to organize and protest in front of the building housing Judge Munson’s Courtroom building this January as repugnant.
I encourage all NMI citizens to also organize and protest against this scheduled protest. It is our lives that are being affected after all. While we are protesting against the enactment of legislation granting nonresident workers U.S. permanent residency in the NMI, let us also protest and demand from our own government and business leaders the enactment of laws that requires that nonresident workers exit the NMI for at least 90 days every two years. There must be no exceptions or exemptions. All nonresident workers must be required to return to their home for 90 days after they have been here for 720 days.
Employers must bear the cost of repatriation and recruitment. Employers that fail to repatriate their nonresident worker employees shall immediately be prohibited from any further hiring of additional nonresident workers and all nonresident workers still under its employment shall, at the employers’ expense, be immediately required to return to their point of recruitment. None of these 45-day temporary permits to seek employment elsewhere because that is something that was meant to appease the federal officials and not the people of the NMI. A nonresident worker hired to work here in the NMI must only be employed by one employer. If they choose to change employers, they must first exit for 90 days before they can again be allowed to reenter the NMI.
It comes to a point in time when we must draw the line and argue the differences we have in our relationship with the U.S. government. We gave in when they wrongfully claimed rights to the 200-mile exclusive economic zone despite that we know that the U.S. can only rightfully seize what we willingly surrendered. Now, they want to give permanent residency to people who were never under any impression that they will be entitled to this status if they stayed here for a period of time. So, if the U.S. government wants to do this for nonresident workers, then we must demand that the permanent residency can only apply to those areas where the U.S. immigration laws apply. And we can not allow the U.S. government to enact a law with ex-post facto application.
While NMI, Guam and other insular areas are second class U.S. citizens, we are also loyal subjects serving and protecting lady liberty without questioning what the mission is or why we are serving if we do not vote for president or have a voting delegate in the U.S. Congress. Speaker Pelosi and Congressman Miller you can count on the troops of the NMI to bear arms to serve honorably and bravely alongside other U.S. troops. As to the “Dekada Brigade” who want “dual status” the last time I saw, they were all heading south following their leader behind his plush new vehicle with the money falling out of his pockets collected from memberships, chanting “POLLOW MEEEEEE! They were either hiding behind the Nauru Building or taking refuge in old Japanese caves sipping coffee and eating barbeque waiting for the war to be over.

DAN I. AQUINO JR.
Susupe, Saipan