Senate President Edith Deleon Guerrero, left, and Senate legal counsel Jose Bermudes, center, listen as Senate Vice President Donald Manglona speaks during a Senate session.
SENATE President Edith Deleon Guerrero last week introduced Senate Joint Resolution 23-5 urging Gov. Arnold I. Palacios and President Joe Biden to hold Section 902 consultations that will address the CNMI’s immigration, workforce, economic and transportation challenges as well as the U.S. military expansion in the islands.
Section 902 of the Covenant, which made the islands part of the U.S., allows the federal and CNMI governments to “consult regularly on all matters affecting the relationship between them.”
In a series of 902 talks that started in June 2016, U.S. and CNMI officials focused on critical issues that included the expiration in 2019 of the CNMI-Only Transitional Worker program; and proposed military activities in the CNMI. The talks resulted in, among other things, the enactment of U.S. Public Law 115-118, which extended the CW program to 2029.
Another 902 consultation that took place from April to May 2019 resulted in the enactment of H.R. 559, which provided long-term guest workers CNMI-only permanent residency in the Commonwealth, and a 14-day limit for Chinese tourists visiting the CNMI under discretionary parole.
According to S.J.R. 23-5, the implementation of the federal touchback rule for CWs “will certainly adversely impact the CNMI’s economic recovery and the availability of the required skilled workforce in the Commonwealth.”
The resolution quoted CNMI Labor Secretary Leila Staffler as stating that the CNMI currently has over a billion dollars in construction projects, “but does not have enough construction workers on island, even without the touchback provision in place.”
The joint resolution likewise stated U.S. Congressman Gregorio Kilili Camacho Sablan’s H.R. 560 “is one way to assist the CNMI with its immigration and workforce issues.” H.R. 560, which remains pending in the U.S. House of Representatives, “would bolster our nation’s strategic interests in the Western Pacific by maintaining the population and prosperity of the Marianas.”
H.R. 560, if enacted into law, would grant CNMI-only permanent residency to eligible long-term guest workers and investors lawfully present in the islands.
The Senate joint resolution also stated that requiring CW permit applicants to obtain a temporary labor certification from the U.S. Department of Labor, “continues to cause delays in permit processing and workforce access, impending business activities and recovery effort.”
In addition, the CNMI is “experiencing extreme issues with transportation, including air and sea, which are intensified by the low tourist arrivals and high cost of fuel. The Commonwealth Ports Authority is primarily funded by airport and passenger fees. The CNMI is seeking essential air service subsidies to provide stability, viability and affordability of inter-island travel.”
According to the Senate resolution, “The CNMI desires to be self-sufficient and generate enough revenues and sustain its government and communities. However, the application of certain federal laws, regulations and policies to the CNMI creates adverse consequences for our economy and the livelihood of our residents.”
“These adverse consequences should be discussed and addressed by the CNMI and the U.S. through Covenant 902 consultation,” the resolution added.
