An open letter to the people of the CNMI

In the Sabangan v. Powell case, the 9th Circuit Court of Appeals decided that Sabangan and others born in the CNMI from Jan. 9, 1978 to Nov. 3, 1986 are entitled to U.S. citizenship because the 14th Amendment to the U.S. Constitution is applicable to the CNMI as well as to the several states since the effective date of Covenant 501(a) and not Covenant Article 3. It means that these kids, became U.S. citizens on the day they were born and thus before those of us who became citizens when Covenant Article 3 took effect on Nov. 4, 1986. The decision, according to the U.S. Attorney, is both flawed and runs diametrical to prior decisions of the same court.

Now, there are over 5,000 individuals forming a group and raising funds to retain a lawyer to argue that the basis used by the court for the granting of U.S. citizenship to the plaintiffs in Sabangan also applies to them and they are therefore entitled to U.S. permanent resident status, if not U.S. citizenship, because they have resided in the CNMI without interruption for five or more years since Jan. 9, 1978 or anytime thereafter. The 9th Circuit’s decision in Sabangan has established a dangerous legal precedence.

People, we have to wake up and voice our concerns about this matter. We are now a minority in our islands. Can you just imagine where we would be if these over 5,000 individuals succeed in their lawsuit and become U.S. citizens?

Someone recently said to me that there are individuals in our islands who are xenophobic. I concede that there may some truth to that comment. But when the basis for granting U.S. citizenship in Sabangan will be a predicate to argue that the 14th Amendment gives the same rights to the over 5,000 individuals now organizing, it much more than a phobia, it is a problem for our island society and communities. Commonwealth citizens should rightfully be alarmed and should speak up about the matter.

People, call your elected officials. Call the Attorney General’s Office (664-2341). Ask them to support the U.S. Attorney’s brief filed for the panel rehearing of the Sabangan case. It’s no longer just about the 300 NMI born and bred kids; it’s now about the over 5,000 who are attempting to obtain U.S. permanent residency or citizenship on the basis of the flawed Sabangan decision.

Gregorio C. Sablan
Garapan, Saipan