The promise of false pretenses

Our leader’s continued pledge on building local workforce capacity while covertly perpetuating dependency on foreign workers means they are guilty of a promise of false pretenses. This conversation has polluted the “creative imaginations” of CNMI leaders since 1966 when a class of foreign workers was first established by the introduction and enactment of the Nonresident Workers Act. The government has been dealing with this issue for the past 51 years and still hasn’t figured out the right formula for mitigating the serious effects of manpower shortages.

The most disappointing part of this discussion is that our leaders are still regurgitating the same political rhetoric, knowing that the end result will still be the same. All the published commentaries made by and from our leaders regarding this subject are purely political camouflage in a chameleon-like disguise, no substance whatsoever. Fifty-one years of trying to figure this lingering issue is abysmally reflective of the lack of seriousness, conflicting motivation, and total dependence on federal intervention.

At the time when the CNMI government was congressionally given administrative control of its immigration, we demonstrated our inability to effectively manage enforcement of our immigration policies. During the more than 25 years of local discretionary authority over foreign workers and unimpeded opportunities to develop local workforce capacity, nothing came about of this power, only wasted opportunity. Once again, our leaders failed to develop and legislatively adopt measurable comprehensive local workforce development plan.

Even after repeated warnings from the federal government in the latter part of the ’80s and ’90s regarding serious immigration infractions and abuses, CNMI leaders still failed to heed the call for corrective actions. Similar warnings to control the number of foreign workers entering the CNMI were repeatedly conveyed to our leaders throughout the years. Finally, the resolve of the federal government reached its limit when the population of foreigners ridiculously outnumbered local residents, when potential social unrest appeared to be heightening, and our leader’s indifference to taking corrective measures.

What was puzzling, though, and is worth noting was that members of the 11th Legislature openly acknowledged the problem and cited their concerns in its findings in House Bill 11-163, HD2, SD1, which became PL 11-6. However, to this very day, no implementing efforts or follow-up attempts came about, only repetitive political commentaries about building local workforce capacity continued to be recycled as though a panacea that could somehow make the situation better. Because the issue of building local workforce was a concern very dear to our local population, politicians in collusion with the elite business community exploited our people’s emotions through implied concern and complicity.

Leery of the CNMI leaders’ lack of consistent workforce policy and the continued reliance on foreign workers, the U.S. Congress asserted its plenary power on immigration with the enactment of US Public Law 110-229, the Consolidated Natural Resources Act of 2008. As a result of this statute, the authority of the CNMI government to administer and enforce its immigration policies effectively ended.

Still in the enactment of the CNRA, Congress’ concern for the development of local workforce capacity was poignantly expressed under the technical assistance provision of the statute, where funding, through CW application fees, was dedicated to support Congress’ explicit desire and CNMI workforce desperately needs.

So, what was the distinctive impact of P.L. 119-229? Amongst several applicable provisions affecting the CNMI is the issue of CNMI-only Transitional Worker visa classification (nonimmigrant worker) and its zero-down deadline of December 2015. However, the U.S. Congress provided the CNMI government a five-year transition period to begin replacing CWs with local U.S. workforce.

Contract workers application fees remitted to the CNMI government yearly is approximately $1.5 million to $2 million. Had this sum of money been allocated since 2009 to a defined and measurable occupational training plan for building local workforce capacity, we could have made great stride in our transition efforts.

The CW nonimmigrant worker visa classification’s authorized deadline was originally to expire in December 2015 but the granting of a five-year extension by former U.S. Labor Secretary Tom Perez changed the “zero-down” date to 2019. This single issue consumed the energy and resources of both government and corporate leaders of the Commonwealth to the extent that previous and current governors included it in the 902 discussions.

Just imagine all the investments and the collective efforts of all parties in defending the CW program for the past 30-plus years, and if we could devote equally or similar concentration in implementing an achievable occupational local workforce training program, we could have made significant strides in building our local capacity for skilled workers.

The obsession of corporate leaders to perpetuate repressive wages through hiring of CWs, and our government leaders’ propensity to be under the spell of corporate elites, leaves no powerful advocates to argue for mass concentrated production of our local workforce. This explains why, to this very moment, no bill has been introduced in either houses of the Legislature to establish a comprehensive occupational training program with adequate funding for building local workforce capacity.

Local leaders continue to aid and abet in the exploitation of foreign workers and deceive them that the 2019 deadline will be extended once again. It is farcical for any CNMI leader to think that Congress will grant its consent, especially congressional staffers, who understood the labor issues at the height of the garment industry and their unfavorable perception of local leaders’ lack of political will to overcome ill intent. That is, unless, our leaders are in denial about our disappointing history in managing labor issues and think that Congress will be willing and receptive to any extension request, particularly with the ongoing use of CW slots and the illegal use of tourists as workers happening under their noses.

We must remember that administrative relief had already been granted. So, any more requests extending the mandates of P.L. 110-229 falls within the purview and authority of the U.S., and the likelihood of Congress consenting to such a request is not at all optimistic. Delegate Greg Sablan made reference to this improbable possibility during several comments regarding the same issue.

What is so abominable about the idea of building local workforce capacity? The answer lies in our leader’s hidden motives! The promises of false pretenses keep revealing itself because it is motive alone that gives character to the actions of men.

Daniel O. Quitugua
Kannat Tabla, Saipan