Senate nixes funding lawsuit

[B]ROTA[/B]— After a debate that saw a deep split emerge among lawmakers here Thursday night, the CNMI Senate approved a joint report disapproving Gov. Benigno Fitial request for funds to block the pending federal takeover of local regulations on foreign labor with a lawsuit, calling instead for negotiations.

Passed on a vote of 5 to 4, the joint report says the lawsuit filed earlier this month in federal court against the Department of Homeland Security and the U.S. Department of Labor will prove costly to the CNMI government and that talks with federal officials could mitigate any harm stricter rules for foreign workers might cause for the CNMI.

During the session here—held at the local courthouse—it became apparent that key lawmakers were at odds with the Senate leadership on the issue, with some backing the governor’s stance.

“The federal government cannot tell us how many foreign workers we can import to the economic benefit of the CNMI,” Sen. Joseph Mendiola said, adding foreign workers are needed now for major construction projects like the casinos developers plan to build here and on Tinian and that the legislation will infringe on the CNMI’s right to self-government. “If we have to go to court, I will support that.”

Sen. Maria Frica Pangelinan added that the lawsuit could “clarify” the controversial points in the newly signed law at issue in the governor’s suit and that despite the litigation, the CNMI would still have a chance to negotiate with the federal agencies now crafting the new regulations, which are due to be proposed later this year.

Sen. Luis Crisostimo also backed the supporters of the lawsuit, saying the legislation that prompted the federal takeover is “hostile” to the CNMI.

However, Senate President Pete Reyes pointed to the high price tag, $400,000, that the lawsuit carries, saying that the cash-strapped local government has a host of higher priorities and needs the money. Moreover, he added the litigation could damage the CNMI’s standing on Capitol Hill in the future.

“Even if we win, we may still lose,” he said, noting that the CNMI could pursue other options to address the issue with federal authorities, such as talks under the Covenant’s section 902 provision. “The U.S. Congress is the most powerful body in the entire world right now. Are we willing to risk [a lawsuit] and lose in the process our friends?”

And negotiating with federal authorities could yield concessions that favor the CNMI and stem the impact of the new rules, said Senate Vice President Felix Mendiola, who suggested that the lawsuit, much like a declaration of war, represents a failure of diplomacy. The price of the litigation, he said, is also problematic.

“We are hurting and therefore the committee must emphasize that we just don’t have the money,” said Mendiola.

In a related development, the Senate passed a resolution asking federal officials to include in any new immigration rules for the CNMI a visa waiver for Chinese and Russian visitors. Local officials have said the visa waiver program is critical to the survival of the local tourism market.