Senators oppose US citizenship for ‘stateless’

CNMI senators have expressed their opposition to the granting of U.S. citizenship to the so-called “stateless” individuals, saying that they are clearly excluded from the CNMI’s Covenant with the United States.

The senators made their position known when they adopted Wednesday Senate Resolution 14-09, which essentially asks the U.S. government to appeal a 9th Circuit Court of Appeal ruling that favors the granting of U.S. citizenship to the stateless persons in the CNMI.

The resolution, introduced by Saipan senators Thomas Villagomez and Pete P. Reyes, described the ruling as “erroneous” and contrary to the provisions of Section 301 of the CNMI-U.S. Covenant, which grants U.S. citizenship only to “all persons born in the NMI who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date…(1986), and who on that date are domiciled in the NMI or in the U.S. or any territory or possession thereof.”

The senators said the stateless persons—who were born to nonresident parents—“were not citizens of the TT government and are therefore not eligible to become citizens of the [United States].”

Further, they said that the Covenant, which establishes the CNMI’s political union with the United States, was specifically designed and negotiated by and between the citizens of the CNMI and the U.S.

The 9th Circuit Court of Appeals decision, they said, “is inconsistent and contrary to the preservation of the integrity of the Covenant.”

“We respectfully urge and fully support the Office of the Attorney General of the U.S….to appeal, overturn, and reverse the erroneous decision and detrimental effect of the 9th Circuit of Appeals’ decision,” said the senators.

The lawmakers think it is clear that persons born between 1974 to 1986 who were not TT citizens, although domiciled in the NMI, “are ineligible to become citizens of the United States by virtue of Section 301 of the Covenant.”

Of the eight senators present in Wednesday’s session, only Rota senator Paul M. Manglona openly stated after the adoption of the resolution that he was against it.

Manglona acknowledged that voting for the resolution is actually going against the stateless individuals.

“The plaintiffs here are the stateless individuals in the CNMI who want to obtain U.S. citizenship,” he said.

Manglona said these individuals are “ordinary people” who cannot easily afford expensive lawyers to defend their case in court.

“If there’s a Covenant issue here, we should go after the U.S. For me to appeal this [ruling] is going against the people [stateless individuals],” he said.

Also present in the session were Senate President Joaquin Adriano, vice president Diego Songao, senators Villagomez, Reyes, Luis Crisostimo, Henry San Nicolas, and Paterno S. Hocog. Tinian Sen. Joseph Mendiola was on leave.

The U.S. Supreme Court has extended the deadline for the filing of an appeal by the State Department on the 9th Circuit’s ruling. The High Court earlier set the deadline on Jan. 14. The new extension gives the federal government up to Feb. 13 this year to appeal the decision.

The State Department, meantime, has yet to file its petition for a writ of certiorari, which may be issued to review and inspect the proceedings in the U.S. Court of Appeals for the 9th Circuit and determine if there have been any irregularities.

Without a timely appeal, the Court of Appeals’ ruling upholding American citizenship for the stateless persons would become final and executory.

The appellate court, in Sabangan v. Powell, earlier overturned the CNMI federal court’s ruling that declared that stateless persons are not U.S. citizens. The appellate court had also denied the State Department’s request for a rehearing on the case.

The newly-adopted Senate resolution would be forwarded to Paul D. Clement, acting solicitor general of the Deputy Assistant Secretary of the Interior, OIA Assistant Deputy Secretary David B. Cohen, U.S. District Attorney for Guam and the CNMI Leornardo Rapadas, the CNMI governor, presiding officers of the Legislature, the Washington Representative, municipal mayors, and municipal councils.