Fitial seeks $400K

In a presentation yesterday, the Fitial administration tried to convince the Legislature to give it about $400,000 that it says it will need to pursue the lawsuit against the federalization law. The amount will cover six to eight months in expenses related to the suit.

Senate President Pete P. Reyes said at this time he needs to be convinced that a lawsuit is necessary. House Speaker Arnold Palacios refused to comment.

Rep. Christina Sablan said that suing the federal government “is a waste of public funds.”

“I think all it does is undermine even further our relations with the federal government and this is the time that we need help,” Sablan said.

The closed-door presentation, which lasted for over two hours, was held in the House’s chamber.

Saipan Tribune learned that Fitial gave a brief statement before allowing his special legal counsel, Howard Willens, to start the presentation. Volunteer consultant and Labor hearing officer Deane Siemer was with Willens.

In an interview with Saipan Tribune after the presentation, Willens said Fitial is interested in pursuing litigation to protect the Commonwealth’s right to self-government under the Covenant.

Willens said the governor wants to consult with the Legislature before he makes the final decision.

He said that, after a brief comment, Fitial asked him to start the presentation, explaining the background of the legislation and their belief that labor provisions in the statute should be challenged.

“We’re making a very important point here that we do not challenge the immigration provision of the law. The Covenant permits the federal immigration laws to be applied to the Commonwealth,” he pointed out.

However, they believe that the federalization law goes far beyond that, he said, imposing a new and unprecedented federal regulatory system on the CNMI’s workforce.

“We think that it has not been done anywhere else in the United States. We think it is unnecessary. We think it will have a very serious adverse effect on our economy,” he said.

Willens pointed out to lawmakers some of the projections contained in the Government Accountability Office’s report.

He cited that one of those projections suggested that the reduction of guest workers here over the next 10 or 15 years could lead to a 50- to 60-percent decline in the CNMI’s gross domestic product.

“That is a devastating amount of injury to the Commonwealth economy. Because of those concerns, the governor has asked me to think hard about litigation and he’s prepared to make that decision in the very near future,” Willens said.

He said they have hired a Washington law firm called Jenner Block, an expert in constitutional law, and have met with members of the law firm, who have committed to take the case if Fitial wants to proceed.

When asked how much would it cost for the CNMI to hire the Jenner Block law firm, Willens said this is unclear because it depends on the length of time involved.

“But we think they have agreed to be paid at a level of $50,000 a month. We think that the initial stage of the proceeding might take six to eight months,” he said.

In that period, he said, they would perhaps have a critical decision from the federal district court that would give them some idea whether the CNMI wishes to pursue the matter or begin negotiations with federal agencies.

Willens said they are requesting funding from the Legislature to support the lawsuit.

He said the governor believes a lawsuit of this importance to the Commonwealth should be supported by public funds and that Fitial hopes to have the support of the Legislature in that respect.

Willens said when a final decision is made, the lawsuit would be filed in Washington D.C.

“We think we have a very confident law firm. We are prepared to work hard on this lawsuit, ourselves through the Attorney General’s Office. I think we will make a good showing for our client,” he added.

Sen. Reyes said if it is in the best interest of the CNMI, then he needs to take a very close look at the issue.

“ You cannot just dismiss that right away. But at this time, I need to be convinced that that is necessary,” Reyes said.

Rep. Sablan said the purpose of the presentation was to make an argument for supporting the litigation against the federal government.

“I don’t support it at all,” she said.

Sablan said she asked at the end of the presentation if any public funds have been spent in the initial consultation with the law firm.

“They said no, but I understand that the consultation was funded by private sources,” she said.

Sablan also asked how much the proposed litigation would cost the government if public funds are made available.

“I am not convinced that litigation is the best option or should be the first reason,” she said.

If the CNMI is so worried about tens of thousands of workers being deported, then why not in the next two years petition them for residency, Sablan asked.

“There is nothing that prohibits us from asking for that now. It would make economic sense. Certainly, if especially their primary argument is that the loss of these foreign workers in such a short time frame would impact us tremendously, well, we’re looking at workers who have been here for years, so why not petition for residency? And he [Willens] could not answer that!” the lawmaker said.

Sablan also suggested that perhaps the petition and negotiation with the federal government would be cheaper than suing them at this point.

Sablan said Sen. Maria Frica Pangelinan also asked in the presentation what public service would suffer as a result of bringing the lawsuit.