The planned march will be described as “a historic and peaceful demonstration.” It was held on Dec. 7, 2007 that started at 4:30 p.m. from Kilili Beach, moving down the Beach Road leading to American Memorial Park. “The reason for that march was to bring the entire community together-all nationalities, cultural backgrounds, religions, and occupations-to protest the new local labor law that was passed, (Public Law 15-108), and to express support for the extension of federal immigration laws to the CNMI, and to call on U.S. Congress to retain the provision that would grant improved status to long-term alien residents in the bill that would federalize immigration here,” That historic march were the product of the actions from personalities such as Rep. Tina Sablan, Ed Propst, Dekada Movement counsel Stephen Woodruff, Dekada Movement Inc. president Bonifacio Sagana, Human Dignity Movement president Jerry Custodio, activist Malou Berueco, and officers and members of the Pilipino Contract Workers Association Inc., the Multi-Sectoral Overseas Movement, and the Local 5.
Two days before December 7, 2007 unity march, I invited the “silent majority of foreign workers community” through a letter to the editor titled “It’s Time to Make a Stand” to stand-up and join the Friday’s Unity March. Human rights advocate Wendy Doromal flew all the way from Florida to Saipan to join the December 7, 2007 first ever Unity March in the CNMI that was spearheaded by Tina Sablan and the Dekada Movement. Human Dignity Movement president Jerry Custodio told the local newspapers that Ms. Doromal informed him that she was on her way to Saipan.
Three years later, our call remains a call. The game is not worth the candle. The advantage or enjoyment to be gained is not worth the trouble spent in gaining it. Uncertainties and hopelessness are hovering on top of foreign workers community that are now spreading negative effect on the current status after the federalization was implemented last November 28, 2009. Improved status for long-term alien residents will help create a freer labor market, encourage rising wages and better working conditions, provide a more stable and reliable pool of qualified resident workers for businesses, reduce workers’ vulnerability to labor abuses and exploitation, and keep families together. These were the expectations and the goal of the majority of the Unity Marchers three years ago.
Two years after the very successful unity march, Subtitle A of Title VII of the CNRA provides for the Federal Government to apply the Immigration law of the United States in the Commonwealth of the Northern Mariana Islands. Subtitle A, which became effective on November 28, 2009, transferred border protection and security throughout the Marianas from the CNMI government to the United States Department of Homeland Security. DHS has established and staffed facilities at ports of entry and elsewhere in the CNMI, and is working to administer a five-year CNMI transitional foreign labor program, an investors’ program, a Guam-CNMI visa waiver program, and other immigration responsibilities relating to the CNMI. While DHS has made great strides in its implementation of this reform, it has faced many difficulties as well. At this very date, no DHS regulation has been implemented for foreign workers and foreign investors. “Improved status for long-term alien residents, combined with a sound and fairly enforced federal immigration program tailored to local needs, would do much to stabilize the local economy and put the CNMI on a path to genuine recovery,” this was the very words of the lady representative who supported the unity march.
On April 30, 2010, Assistant Secretary of the Interior Tony Babauta submitted to the U.S. Congress the CNMI immigration legislation that included a provision granting long-term foreign workers a nonimmigrant status that would allow them to continue living and working in the United States jurisdictions much like citizens of the freely associated states. The enacted version of the CNRA, however, did not resolve the immigration status of long-term workers in the CNMI. Instead, it called for a report and recommendations on the status of long-term foreign workers by the Secretary of the Interior (in consultation with the Secretary of Homeland Security and Governor of the CNMI
In the report, the Interior Department recommends, consistent with the goals of comprehensive immigration reform, that the Congress consider permitting alien workers who have lawfully resided in the CNMI for a minimum period of five years to apply for long-term status under the immigration and nationality laws of the United States. Statuses under the INA that could be considered include (but are not necessarily limited to): (1) alien workers could be conferred United States citizenship by Act of Congress; (2) alien workers could be conferred permanent resident status leading to U.S. citizenship (per the normal provisions of the INA relating to naturalization), with the five-year minimum residence spent anywhere in the United States or its territories; or (3) alien workers could be conferred permanent resident status leading to U.S. citizenship, with the five-year minimum residence spent in the CNMI. Additionally, under U.S. immigration law, special status is provided to aliens who are citizens of the freely associated states. Following this model, (1) alien workers could be granted a nonimmigrant status like that negotiated for citizens of the freely associated states, whereby such persons may live and work in the United States and its territories; or (2) alien workers could be granted a nonimmigrant status like that negotiated for citizens of the freely associated states, whereby such persons may live and work in the CNMI only.
On May 7, 2010, the GAO released a report, “DHS Should Conclude Negotiations and Finalize Regulations to Implement Federal Immigration Law,” chronicling the difficulties encountered by DHS to fully implement Federal Immigration in the CNMI. The GAO found that DHS faces operational challenges as well as challenges negotiating with the CNMI government.
Some say majority of the developments in the CNMI was because of foreign workers and that their struggle in seeking for improved status will result in the stability of the CNMI workforce and the economic recovery in the island. Some say those who actively participated in the struggle for the improved status of foreign workers were just dreaming in a broad daylight or had no right to do so. To those who said so, Mother Teresa had this to say: “Little things are indeed little, but to be faithful in little things is a great thing. We cannot do great things on this Earth, only small things with great love. If you judge people, you have no time to love them.”
Folks, once again December 7 is here, the memorable Unity March will be remembered by the thousands who joined the long walk from Kilili Beach to American Memorial Park. Let us not forget that our struggle for improved status is not over yet. The islands still need foreign workers and foreign workers need jobs too. President Obama said, “Why punish people who are just trying to earn a living? Mass deportation would disrupt our economy.”
CARLITO J. MARQUEZ
Puerto Rico, Saipan
