The 24-page summary decision stated that the regulation violates the nonresident workers’ fundamental right to equal protection under the law.
The ruling also stated that only the national legislature, the Olbiil Era Kelulau, may institute a tax. It added that because the $25 charge constitutes a tax, it is invalid.
A class action lawsuit was filed earlier against the Palau government and President Johnson Toribiong regarding the legality of the alien registration scheme.
The lawsuit was filed by plaintiff Bernadette Carreon, a former Palau Horizon reporter, on behalf of herself and foreigners in Palau. There are at least 6,000 foreigners in Palau.
The plaintiff argued that the regulation is a violation of equal protection because it requires certain aliens to register and pay the fee “but exempts similarly situated Americans and Micronesians.”
Attorney David Shipper represented the plaintiff while the government was represented by the Attorney General’s Office and private lawyer G. Patrick Civille.
The court ruled that the equal protection clause guarantees that any people in Palau have the fundamental right to be protected from discrimination based on the place of origin.
