Gov’t defends stance against federal takeover

During recent hearings in Washington D.C. the U.S. Senate Committee on Energy and Natural Resources held on September 14, 1999, Chairman Frank Murkowski requested that Gov. Pedro P. Tenorio respond to questions presented by the Committee and propose suggested changes to Senate Bill 1052 that would favor the Commonwealth of the Northern Mariana Islands.

Early last week, Gov. Tenorio forwarded his responses to the Committee reemphasizing his position during the hearings that local government and business leaders have serious concerns about the damaging impact the bill would have to the CNMI’s economy.

He said that although changes could be made that would be slightly helpful, the overall damaging impact of the measure could not be resolved because the bill was against the Commonwealth’s basic interests.

Chairman Murkowski had expressed, during the hearing, that it was not the intention of the bill to cause damage to the CNMI’s economy. The Governor was grateful that the Committee expressed concern over the impact to the CNMI’s economy but still wary over the effects it would have even with amendments in the CNMI’s favor.

The Governor’s response expressed concern over the fact that the bill would “divest us of any meaningful ability to control the economic future of our islands.

“The federal government and the CNMI should negotiate mutually acceptable immigration policies and procedures,” said Gov. Tenorio, who stated that the bill should require the concurrence of the CNMI with standards that are ultimately adopted through the Administrative Procedure Act process.

Under the bill, the Federal Government is supposed to create a test and administer it after the first year to see if the CNMI has made sufficient improvements to be allowed to continue local control.

The Governor stated that mutual consent is vital given that the U.S. Department of Justice made its position clear in the testimony before the Committee on Sept. 14 that they want automatic immediate application of the Immigration and Nationality Act to the CNMI .Under such circumstances it is difficult to feel confident that a neutral test would be given.

The Governor also stated that he was “concerned that the statute does not mandate a gradual reduction in the number of guest workers. The CNMl will be left at the mercy of the Executive Branch, which has already clearly demonstrated its desire to reach full application of the INA as rapidly as possible and its disdain for our apparel industry regardless of the impact that would result in the CNMI.

One of our gravest concerns is that the bill does not attempt to ensure that a transition does not adversely impact the Commonwealth’s economy.”

If the CNMI did not pass the first year test, the CNMI would lose the control it was granted over immigration under Section 503 of the Covenant, which was implemented 21 years ago.

Under that situation, Senate Bill 1052 would vest the U.S. Administration with broad discretion over the entry of alien workers to the islands during a 10-year transition period to the U.S. immigration system.

If U.S. immigration were applied to the CNMI, many of the guest workers in the Commonwealth would not be able to remain.

“Forcing these people to leave would likely force the closure of our only major industries – tourism and garment manufacturing, which would have a catastrophic impact on resident employment, our economy, government revenues and our ability to provide vital public services,” said Gov. Tenorio.

A new economic study funded by the Department of the Interior, which will be released in final form later this year, also reached the same conclusion.

The Governor quoted the study which stated, “…it would be extremely ill-advised for the federal government to risk the CNMI’s economic health and future by imposing federal immigration law on the CNMI which could deprive the garment industry, the visitor industry and all future industries of an adequate labor supply.”

He reemphasized that the local government has made significant advances in improving its labor and immigration system. He pointed out that local laws passed in the last year and half have contributed to a 26 percent decline in the number of guest workers present in the CNMI, a significant reduction in the number of complaints filed and improved working conditions.

The Governor stated that the Commonwealth intends to continue its reform efforts and that local reforms combined with federal cooperation is the best alternative to resolving the concerns that prompted the proposed legislation.

Action on SB 1052 is expected by the Committee during this week. In his response, the Governor answered to the Committee’s questions and made some suggestions, but stressed that, even if the Committee accepted all the suggestions, he did not believe that the bill could be amended in a way that would avoid a negative impact on the
CNMI’s economy and the level of self-government that was promised in the Covenant.

This is because local control over immigration is vital to maintaining a viable economy given the CNMI’s limited natural resources.

Following the hearing, Sen. Daniel K. Akaka submitted a substitute amendment of the bill to the Committee for consideration. The proposed amendments in that version of the bill are much harsher than those in the original version of SB 1052.

It shortens the transition period from ten years to eight, and removes a testing period which gave the CNMI a chance to maintain local control over immigration. Instead, the substitute amendment of the bill proposes immediate removal of local control over immigration.

The Governor expressed firm opposition to Sen. Akaka’s proposal and his concern that such a measure would be even more harmful to the CNMI than the original version.