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Judge places case ‘under advisement’
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Posted on Mar 13 2009
A federal court judge said he would take under advisement the U.S. government’s motion to dismiss the federalization lawsuit, as well as the CNMI’s request for preliminary injunction to suspend labor provisions of Public Law 110-229.
At a hearing in U.S. District Court for Washington, D.C. on Thursday, Judge Paul L. Friedman heard oral arguments from lawyers representing the federal government and the CNMI.
The CNMI sued the U.S. Department of Labor, former Labor Secretary Elaine Chao, the U.S. Department of Homeland Security, and former Homeland Security Secretary Michael Chertoff to halt the implementation of the Consolidated Natural Resources Act of 2008. Starting June 1, unless otherwise delayed, federal immigration laws will extend to the CNMI. Lawyers for the Commonwealth also filed a preliminary injunction to stop the DHS and DOL from taking over the CNMI’s labor system.
Each side spoke for about an hour during the hearing. David DeBruin, a lawyer for the Jenner & Block law firm representing the CNMI, spoke before the court. Theodore Atkinson represented the U.S. Department of Justice.
DeBruin began his arguments by explaining the CNMI’s right to self-government under the Covenant agreement. He also noted the significance of foreign workers to the Commonwealth workforce, according to a person present in the courtroom who asked not to be identified. Also, DeBruin argued that the federal justifications for federalization are insufficient.
For his part, Atkinson followed the briefs the U.S. had previously filed, according to Charles Miller of the DOJ Office of Public Affairs.
The federal government says the CNMI’s arguments are speculative and Section 503 of the Covenant specifically permits the U.S. Congress to enact federal immigration laws to the Commonwealth, while Section 105 of the Covenant generally permits Congress to apply federal law to the CNMI. Moreover, the CNMI cannot bring the lawsuit, the U.S. argues, because the Office of the Attorney General is not representing the Northern Mariana Islands.
Charles Reyes, press secretary for the Governor’s Office, said the CNMI would continue to wait to see what the judge decides.
