Decada

Hope springs eternal! Three Filipina house helpers sought my advice on the prospects of a new movement being called “Decada” to go to court and argue that those who have resided in the CNMI since Jan. 9, 1978 be allowed to apply for permanent residency in the United States. They and others are being told that the rationale of the U.S. Court of Appeals for the 9th Circuit’s reversal of the District Court judgment on the Sabangan v. Powell have opened the door for this prospect.

The first three sections of the Analysis portion of the Appeal’s opinion reads:

[1] The Fourteenth Amendment, section 1 reads: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 501(a) of the Covenant reads: To the extent that they are not applicable of their own force, the following provisions of the Constitution of the United States will be applicable within the Northern Mariana Islands as if the Northern Mariana Islands were one of the several States: . . . Amendment 14, Section 1 .

[2] Evidently section 501 of the Covenant makes all of section 1 of the Fourteenth Amendment applicable to the CNMI, which is to be regarded as “one of the several States.” Sabangan and Sohn were therefore born in a jurisdiction at a time in which by force of the Constitution itself they became citizens of the United States.

Several luminaries on island have since declared that this is a flawed misreading of the provisions of the Covenant and the Constitution. Others are applauding what some consider a groundbreaking opinion. The Philippine Consulate General even found it prudent to distance itself from any involvement in either the debate, or any movements arising from the implications of the ruling. Proponents and opponents of this judgment have been vocally exchanging opinions in the printed and broadcast media.

In 1999, the Immanuel United Methodist Church of Saipan opened its former social services program, the Marianas Resource Center, at Oleai. We received a lot of inquiries about the then hot topic of “federalization” and what that meant to the numerous alien workers who had been on island for at least five years.

It had become obvious to me then that the main attraction to traveling to the CNMI as a contract worker was not only the prospect of earning wages of a higher rate than the one at home, but also the prospect of establishing residency in the CNMI. Even today, in a depressed economy, people come on island as tourists and change status after finding employment. Some have long-term goals. Pregnant women had been known to come in as visitors and manage to stay long enough to deliver their babies who would then be entitled to a U.S. passport. Having babies while on island as a student, or a contract worker, is a frequent occurrence. Illegally crossing into Guam had been known to happen. Being a single male American citizen of any age has become a sought after status, prey to the allure of a certain segment of our transient population.

One might be cynical and say, “All for the vaunted green card and final citizenship to the United States of America.” Not so fast. Inscribed in the Statue of Liberty in the east coast of the United States are these words: “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!” The invitation had been tendered. Why begrudge those who bother to RSVP?

From the perspectives of American Civics, we must thank lawyer Reynaldo Yana and his colleagues for pursuing the Sabangan v. Powell case. After all, the wisdom of the framers of the Constitution left the Supreme Law of the land an open book subject to differing interpretations and amendments. “We the people . . .” reign supreme, certain government officials notwithstanding. The 14th Amendment of 1868 served the interests of forced African immigrants to the U. S. shores. It is only fitting that it should be used by those who either have forsaken a previous status, or, as in the case of the misnomered “stateless” children of the CNMI, seeking a status that they deem is their birthright.

Likewise, we must encourage people like Gregorio Sablan who are pointing out perceived implications of this ruling on the common good, and discussing it openly in the public domain. Nothing makes America work better than people exchanging ideas widely. With a modicum of civility, one hopes.

When I first traveled to the continental United States in the early 60s, I used to characterize my citizenship as a disenfranchised U.S. national traveling with a Philippine passport. Born on the tail end of the Philippine Commonwealth, I certainly felt that I should have been given the option to choose my allegiance. In 1970, at the height of anti-war and civil disobedience movements, I was subjected to undignified search in Seattle for meeting an undesirable student profile. In the 80s, I would be detained by the INS when I came into U.S. territorial jurisdiction carrying my green card and Philippine passport because “it is unusual for a Filipino to qualify for citizenship and not avail of it the first day the opportunity presents itself.” This was particularly true in Micronesia where I felt at the time that Filipino citizens were objects of discrimination. Coming into Saipan in 1998, I was told NOT to present myself at the Immigration desk wearing Filipino attire! Anyone who has ever been pulled out of an INS line has heart-wrenching stories to tell.

Still, the world views entry into the United States a premium. In the early 80s, a popular Philippine Statehood Movement recruited and collected membership fees from those who would like to petition the U.S. Congress to make the Philippines the 51st State. That movement is still in existence. It is this same movement that reminds me of Decada.

So, to my three baby-bottom-wiping nannies, as to joining the Decada movement with your $100 fee, consider it an investment in entertainment, not unlike buying a lottery ticket, or spending an hour at the casino. I do not think that your prospects of getting what you want in the immediate term even come close to the prospects of winning the Red Cross Club 200 jackpot offering. (Which makes me think that if you are the wagering type, add another hundred and buy the Red Cross ticket instead!) If you cannot afford the money, watch the show from the sideline. Most likely, if a suit is ever formulated, it would be a class action suit, which would benefit all those of similar situation to that of the plaintiff in the case.

In a time when community and national leaders are decrying the erosion of an ethic of personal responsibility, it is heartening to witness an awakening of civic consciousness and responsibility when grassroots issues and matters of constitutional rights are raised. The two centuries of experiment in constitutional democracy in the United States rests in the understanding that the “We the people” process is a continuing exercise in self-definition. There is irreplaceable value in the ongoing struggles and debates that shape our national identity. Dedication to freedom and equality should rarely be a rationale for war, but always a foundation for peace. The tradition of vocal assertion of personal conviction, protest and social activism must be championed. One must applaud those who engage in the tedious task of pursuing constitutional due process, whether it be through legislative action, executive decree, or judicial review.

A final note. The US Constitution does not only apply to citizens, but to all persons who are within the U.S. jurisdiction. So, Decada movers, start your engines!