Cnmi's Former Stateless Issue: An Accident Waiting to Happen

Since the Commonwealth of the Northern Mariana Islands (CNMI) was founded, countless people have left their homelands as alien laborers in pursuit of the American dream. Each laborer was allowed to settle in the CNMI to work and make a living. These people made the CNMI a diverse group of ethnicities and nationalities. The CNMI is the home of Chamorros, Carolinians, Pacific Islanders, Asians, and people from around the world, including the mainland United States, "statesiders."

At the end of World War II, the Northern Mariana Islands (NMI) became a Trust Territory of the Pacific Islands (TTPI) on July 18, 1947. The TTPI is a United Nations Trust Territory, administered by the United States under a Trusteeship Agreement with the United Nations Security Council (History and Politics). The NMI was considered to be a foreign country for nationality purposes, and the people were considered aliens under US law (Aguon).

Between January 9, 1978 and November 4, 1986, a binding agreement was created to establish a commonwealth status and political union with the United States of America and the Northern Mariana Islands (Acquisition). This agreement was called, the US-CNMI covenant. Since the NMI was part of the TTPI, the trusteeship agreement was not terminated until November 3, 1986, when the US-CNMI covenant was implemented, giving the NMI commonwealth status. Although the covenant granted US citizenship to the CNMI, it did not give US citizenship to all the people who lived in the CNMI at that time. The covenant only gave US citizenship to certain persons, specifically identified under Article III of the agreement.

Citizens of the TTPI period and anyone born in the CNMI after the covenant was implemented, regardless of their nationality, became US citizens. However, during 1978 and 1986 when the US-CNMI covenant was being written and signed, about 350 children were born in the CNMI of alien laborers and were not granted US citizenship. Article III, Section 303, of the US-CNMI Covenant states, "All persons born in the Commonwealth on or after the effective date of this section and subject to the jurisdiction of the United States will be citizens of the United States at birth (Attorney)." Therefore, the estimated 350 people are "stateless;" an individual that is not recognized to owe allegiance to the United States or any foreign country. Section 303 of Article III instigated the long and difficult struggles of the stateless issue in the CNMI.

According to an interview with Matthew Ooka and William Aguon, there is no such thing as stateless people in the CNMI. Most of these people are of Filipino and Korean descent, born in the CNMI and were not given the status of US citizenship. However, as a result, even though they lived their whole lives in the CNMI, they are treated as any other foreigner and have to enter the US as a tourist, contract laborer, or immigrant.

In the past, the CNMI government brought the stateless issue to the attention of the US Congress and the US Department of Justice (Maraya). Nonetheless, the efforts put into assisting the stateless individuals have failed. According to an article in Saipan Tribune News, the CNMI government does not have the right to grant US citizenship to these stateless individuals. Additionally, the island does not have a US Congress spokesperson to represent the CNMI (Maraya).

In early January 2004, Juan M. Babauta, Governor of the Commonwealth of the Northern Mariana Islands, promised to lobby the US Congress to grant US citizenship to the estimated 350 stateless people. In February, Gov. Babauta wrote a letter seeking assistance from the US Congress Representative, Dan Burton, from Indiana regarding the issue of stateless individuals in the CNMI and the process of granting US citizenship (Dones). The governor explained the circumstances and hardships these people are affected with, which sets them back from higher educational opportunities, social benefits, and job employment security.

US Rep. Dan Burton immediately reacted to Gov. Babauta's letter and searched for solutions to help grant these stateless individuals US citizenship. As a result, the House of Representatives gathered ideas on adopting or sponsoring a bill or some kind of resolution that would help the stateless individuals in the CNMI.

House Representative Claudio K. Norita, Chairman of the House Committee on Federal and Foreign Relations, introduced a bill for an act. The House Bill No. 14-97, states "to declare all children of alien workers born between January 9, 1978 and November 4, 1986 permanent residents of the Commonwealth of the Northern Mariana Islands; and for other purposes." This act is also referred to the "Stateless Children Act of 2004 (Attorney)." Because these stateless individuals were considered foreigners in the CNMI, House Bill 14-97 gave the stateless individuals an opportunity to become permanent residents of the CNMI.

With unified efforts provided by the CNMI government and US Congress Rep. Dan Burton, the stateless case appeared to be a success. After a year of battles in and out of court, on the estimated 350 individuals became US citizens on February 14, 2005. The US Federal Government decided not to appeal to the US Ninth Circuit Court of Appeal's ruling which favored the granting of citizenship to them (Eugenio).

Although the 350 individuals are now US citizens, locals are concerned about the benefits these individuals will be gaining. Such benefits include the right to vote and the right to run as a candidate in CNMI elections. Any US CNMI resident is eligible to vote in the CNMI and run as a candidate in CNMI elections. It is obvious that as these former stateless people were recently granted US citizenship and status of permanent CNMI residence, they are able to register and exercise their right to vote and be a running candidate in upcoming elections.

Though this not the issue. The problem rises for the future and well-being of the native people of the CNMI. Natives are concerned that in the long run, as the ethnic population of these estimated 350 children increase, to include other children born of alien laborers since the implementation of the US-CNMI covenant increases through child-bearing, the Mariana Islands will be dominated by these nationalities versus the native Chamorros and Carolinians.

Throughout the Marianas today, the Filipino population is almost as equal to the Chamorro population. In fact, this resulted to the CNMI's uncontrollable immigration system; aliens are able to enter the CNMI without a US passport or any passport for that matter. As the problem with the immigration system continues to amplify, there is no doubt that the Filipino