Bridge to nowhere?

Bridge Investment Group LLC seems to have made a bad bet on its Tinian casino plan. Then again, it appears they were betting against the house-- PL 110-229.

The immigration provisions of that law called for federal restrictions on alien hiring and investment that are much stricter than the CNMI laws and regulations they replaced.

According to the Saipan Tribune two-thirds of BIG's planned units were condominiums. Chinese investors were prominent in previous stories about their plans.

From the comments of spokesman Phillip Mendiola-Long, it would appear the company is hoping that the Department of Homeland Security will include Chinese workers when it issues its 'CW' rules and also issue investment rules with "lowered thresholds".

Neither seems likely. As Mendiola-Long points out, Chinese nationals are not eligible for the H-2 visa program. This year's list of eligible countries* has just been issued. The factors used in designating countries include:

(1) The country's cooperation with respect to issuance of travel documents for citizens, subjects, nationals and residents of that country who are subject to a final order of removal; (2) the number of final and unexecuted orders of removal against citizens, subjects, nationals and residents of that country; (3) the number of orders of removal executed against citizens, subjects, nationals and residents of that country; and (4) such other factors as may serve the U.S. interest.

It seems likely the same factors would apply to 'CW' workers and investors, and 22 reminders are currently awaiting trial for allegedly trying to enter Guam illegally from the CNMI. In addition, only the employment rules were re-opened for further comment, the investment rules are final.

* Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, Uruguay.

The Final Countdown

The gubernatorial election? Nah, I wrote a piece about that but, after a bit of reflection (and a second opinion), I decided to hold on to it for now.

The Administration and contract workers basically agree about federal immigration, and neither will be happy come Nov. 28.

Hard to believe, but when you cut through the chatter they both think that our current workforce is permanent, while the main thrust of the immigration provisions in Public Law 110-229 is to gradually eliminate permanent immigrant (a contradiction in terms) workers in the CNMI.

I'm sympathetic to that view, but not convinced.

I recently heard Rep. Heinz S. Hofschneider say 'development is not more auto shops along Beach Road', or words to that effect. I would go further. Development is also not more hotels if you don't have the local workforce to staff the existing hotels*.

Is the local labor force large enough for existing businesses? I think not, but I do know that there is substantial unemployment among resident and contract workers. If I were a cynic, I'd think someone is trying to keep wages low.

A lot of kids will be graduating in the next five years. It's time to pay more than lip service to preparing them for jobs in the economy. If (gasp) more than minimum wage is offered, some residents will return to the CNMI. It's hard to see how a 'soft landing' can be managed during the transition, but it can certainly be made softer.

A little sophistry, please

The Department of Homeland Security has been criticized for not soliciting comments and, almost in the next breath criticized because they're asking for suggestions on how best to manage drawing down the number of Commonwealth-only 'CW' workers. 'They don't have a plan.' Okay, what's your plan?

'How about a CNMI-only H-2 style visa?' former Chamber of Commerce President Jim Arenovski is is supposed to have asked. Well, the reporter caught it: H visas are for temporary workers. (The emphasis is mine.)

The Chamber is also supposed to have bemoaned the fact that no representative of the U.S. Department of Labor was there to explain the 'CW' visas. DHS has the authority and delegates determination of prevailing wages, eligibility and enforcement for most of the lettered visas to DOL. As far as I can tell, that does not include 'CW' visas, which makes sense because eligibility is based on CNMI labor permits.

Local control? Well, that might have been possible following U.S. laws if the suggestion had been made last year during the comment period on this final rule. It included the CNMI in the definition of U.S. effective on the date of DHS assuming immigration control and included this language:

Sec. 655.2 Territory of Guam.

Subpart A of this part does not apply to temporary employment in the Territory of Guam, and the Department of Labor (Department or DOL) does not certify to the USCIS of DHS the temporary employment of nonimmigrant foreign workers under H-2B visas, or enforce compliance with the provisions of the H-2B visa program provisions in the Territory of Guam. Pursuant to DHS regulations, 8 CFR 214.2(h)(6)(v) administration of the H-2B temporary labor certification program is performed by the Governor of Guam, or the Governor's designated representative.

Ah, temporary employment again. We're back to that. U.S. law will not allow us to have permanent immigrant workers after the transition period. The Congress can change that, DHS can't. The District Court in Washington, D.C. could delay implementation, but not change the law. I'm just a lowly layman, but I think the Governor is lucky we probably won't know the results of his lawsuit until after the runoff election.

Non-residents who have been here five, ten or even twenty years say it's unfair that they can't get a pathway to citizenship. I can't argue with that, but again it's up to the U.S. Congress. If enough residents and, particularly, their leaders join with them it could probably be accomplished.

I haven't talked to Greg Cruz, but I've met members of Taotao Tano. I may not always agree with them, but it's easy to understand their anger, their rage in some cases. This government has failed them, unless they get a shot at the brass ring: one of the disappearing government jobs. In cold, economic terms, it's often smarter to collect food stamps and other federal benefits than to work for the local minimum wage. You couldn't do much better if you were trying to create a permanent welfare underclass.

But at least you get those benefits, residents are told, you're U.S. citizens. Why does that remind me of what poor white sharecroppers were told in the antebellum South: 'at least you're not black.' Their anger, and that of others who aren't part of the group, is unfocused.

Sometimes it is aimed at past leaders, sometimes at businesses and sometimes at the contract workers. People with long memories might consider the Commonwealth Bank. It slipped through the door opened when the Bank of Saipan wangled weakened laws and regulations. A lot of people lost their savings. Contract workers came through a door; they were invited to work here. The small business owners who will be forced out eventually under U.S. foreign investment regulations were following existing regulations: a door. It's not their fault.

The Commonwealth was given local control so it could protect local workers and their culture. The result was massive numbers of factory workers who diluted the culture and strained the infrastructure. But the factory owners got greedy. Not only did they exploit their workers-- and I'm cynical enough to admit that might not have done it in itself-- but they grew too large and began threatening U.S. factories and jobs. Compounding their error, they delayed federalization through lobbying. When the political tide turned, and it always does, it was personal for a lot of Congressmen and Senators and not just political any more.

So we've got U.S. Immigration come Nov. 28, and it's not going away. If the 'CW' jobs are permanent, as the Administration, the Chamber and the contract workers seem to think, they'd better find a solution under U.S. law.

Guess what? The only realistic solution I can see is legislation, probably to offer U.S. citizenship. The next Governor is going to have to deal with reality instead of continuing this wishful thinking and foot-dragging. There is a five-year window of opportunity, though it is going to get smaller every year.

But what if the non-residents get citizenship and decide to go elsewhere? Well, I think the workers and Taotao Tano could live with that. They're really in this together, though they might not see that. Some workers would stay, no matter what. They've put down roots. Others would stay if they're given a little incentive. Here's a hint: offer more that the minimum wage. Think about it; there's still time. Tick, tick.

* Or do we? Hafa Adai Hotel lays off workers blares a headline in today's Marianas Variety. Several hotels have had some workers on 32 hour weeks for at least a couple of years now.

Slouching towards federalization

Turning and turning in the widening gyre
The falcon cannot hear the falconer;
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.

It was probably inevitable: all of this apocalyptic talk about immigration made me think of Yeats' Second Coming. With the federal 'takeover' on Nov. 28 just three weeks after Saturday's election, Gov. Benigno R. Fitial continues to run against Washington. His opponents seem content to let it be BE on this subject, at least in the media.

Large businesses have consistently voiced their objections and are likely to comment on the Transitional (CW) Worker Regulations. But those regulations are likely to go into effect as scheduled, unless the Governor's lawyers can pull a rabbit out of their hat.

Unlikely allies

Now, some contract workers are having second thoughts. According to the Marianas Variety, many left a Department of Homeland Security 'forum' on the regulations "with unanswered questions and mounting uncertainty."

Apparently they're shocked that DHS is just following Public Law 110–229, and not adding any provisions. DHS does have the leeway to "phase in the U.S. federal immigration system in a manner that minimizes adverse economic and fiscal effects and maximizes the CNMI’s potential for future economic and business growth." They exercised that discretion in agreeing to add visa waivers for Chinese and Russians.

So, with a specific showing of economic harm from the CW regs, who knows? Not likely, is it? District Director of U.S. Citizenship and Immigration Services David Gulick is quoted as saying they haven’t determined yet how to reduce the numbers of guest workers in the CNMI.

But there is no doubt those numbers will be reduced. The bill and the regulations require that workers "who would not otherwise be eligible for admission" under applicable provisions of the Immigration and Naturalization Act find another status or leave the U.S. before Jan. 1, 2015.

What happens Nov. 28? Not the Rapture some doomsayers predict; guest workers will remain. Not the Workers' Paradise some starry-eyed optimists have predicted despite evidence to the contrary. In the short term, everything will continue as before. We'll just have a new set of friendly faces greeting us at ports of entry.

Velvet handcuffs

According to the Variety "Gulick’s main message to the migrants and their employers: CNMI-issued labor or umbrella permits are not legally recognized to allow one to reenter the commonwealth or resume work after leaving the islands for whatever reasons."

The golden umbrella becomes velvet handcuffs: USCIS won't hunt you down, but you can't leave and come back without having a status approved by them.

Time for another creative solution like the visa waiver, according to the Governor. "It doesn’t make sense for them to be restricting the travels of the workers," he says.

Well, actually it does. Anyone who is currently in the CNMI has been cleared by the local government, not the feds. It's no surprise, to me at least, that DHS wants to have investors, CW's and all other categories go through the visa process. To them, it's the same as entering for the first time.

That's the short-term. Down the road, well, how do you interpret the poem?

Surely some revelation is at hand;
Surely the Second Coming is at hand.
The Second Coming! Hardly are those words out
When a vast image out of Spiritus Mundi
Troubles my sight: a waste of desert sand;
A shape with lion body and the head of a man,
A gaze blank and pitiless as the sun,
Is moving its slow thighs, while all about it
Wind shadows of the indignant desert birds.
The darkness drops again but now I know
That twenty centuries of stony sleep
Were vexed to nightmare by a rocking cradle,
And what rough beast, its hour come round at last,
Slouches towards Bethlehem to be born?

Washington posts on immigration bill

Well, the Washington Post did a piece about PL 110-229 (S.2739), which included the CNMI immigration legislation. Okay, so it was a gossip column.

A mention's a mention and it probably has more readers than straight news:

Would Abramoff Have Ordered the Crow?

What's that line about revenge being "a dish best served cold"? There was some gloating on the menu Wednesday at D'Acqua, where about 20 human rights activists and Hill types gathered to celebrate the passage of a bill extending U.S. immigration laws -- and their protections for foreign guest workers -- to the Commonwealth of the Northern Mariana Islands. Why D'Acqua? Well, because the Penn Ave eatery holds a spot on the D.C. scandal tour as the former home of now-defunct Signatures . . . the restaurant owned by imprisoned ex-superlobbyist Jack Abramoff. . . who spent years blocking the legislation for his island factory-owner clients. "We said, 'Let's gather and raise a glass' -- but where? Well, it was obvious," said Dennis Greenia of anti-sweatshop organization Co-op America. "We had the sense that if these walls could talk . . ."

You might know Greenia as dengre. Small blessing: please note Saipan wasn't mentioned.

The search for a McCain impersonator is worth reading about too, 'my friend'.

The real Bill

So my brother was telling me about Newshounds. Motto: "We Watch Fox So You Don't Have To." He said he stopped because, well, it was just like watching Fox News.

It will fade for me too, I'm sure. Meanwhile, how about Bill O'Reilly and Geraldo finger-wagging each other over immigration? They could almost be on Saipan, discussing S.2739, now PL 110-229.



BTW, it reminds me of the younger Geraldo who crawled over walls to report on mental institutions. I liked that guy.

The younger O'Reilly? Let's travel back to Inside Edition. It's alright, he says it's okay to rummage through people's past like this.

Update with a sigh: the following O'Reilly rant has been pulled by You Tube for the second time that I'm aware of. Instead of constantly cutting and pasting new links, if it disappears again I'll just refer you to the fine folks at RatTube. This is the Year of the Rat, after all.



A lazy blog; I've got four or five Real Important Things on my mind. But no bloviating, because I'm also short of time, tired and a little burned out by the CNMI's continuing trainwreck.

Press Release reporting

I chuckled when Governor Benigno R. Fitial's press release on the signing of PL 110-229 (S.2739), the CNMI immigration bill, was published as an opinion piece in the Saipan Tribune. The end of an era indeed.

I first ran across the 'letter to the Editor' when I stopped by Unheard No More. I couldn't resist commenting that “I don't get it. Who is the press statement aimed at? The issues are settled and he's still arguing against the legislation." *

Oh. Question answered; it was for local consumption. The 'run against Washington' thing.

Please release me

You see, I'd expected to see it run, word-for-word, as a news story. That's the pattern with the Saipan Tribune. The Marianas Variety and the Pacific Daily News did do what you'd expect: they quoted from it extensively and added background.

I understand what the Tribune is doing. First, of course, is the need for fewer reporters. That's even more important now that profits aren't padded with pages of imaginary job announcements. (It's interesting, and a little scary, to see how few real job offers are being advertised now that openings for guest workers aren't included.)

I don't even mind for Public Service Announcements and that sort of thing—though it's boring to see identical stories in both local papers (and, yes, I'm aware of the Pacific Times. They make the old Commonwealth Examiner look like the pre-Gannett Detroit Free Press.

Persons of (self) interest

On the other hand... persons or organizations they agree with are often allowed to use the news-hole as a soapbox. Reporting, done properly, is supposed to temper exaggerations and add information the writer doesn't necessarily want included. You know, all of that noble Fourth Estate stuff.

The Tribune is part of Tan Holdings, of course. There's nothing wrong with that and it's well-known locally so there's some built-in skepticism. Still, the practice troubles me, particularly because the Tribune dominates in Saipan and CNMI stories on the internet. “Outside' readers are missing that datum. Do a search and you'll see what I mean.

Some stories in the Variety just never show up in the Tribune, but I don't really think reporters are told what to write.

Read between the deadlines

It doesn't have to be that overt. Any employee knows who writes their check. That would easily explain the few biased stories I've read with a by-line. It's easier, and easier on reporters' credibility, to just run press releases.

It's personal preference, of course, but I think Assistant Editor Mark Rabago is the best reporter working on Saipan right now. I've ragged on malaprops in Agnes Donato stories a few times, but she's improved tremendously. It's not about the reporters to me.

The spice of life

But that's a system I don't trust, which is why I hope the Variety survives our current troubles. It's a different voice, valuable even when I disagree with some antediluvian views. And have no doubt, the Tribune is meant to destroy the Variety. That's competition, but Willie Tan once told me he was going to start his own newspaper to “put (Publisher Abed) Younis out of business.”

The conversation was about poker machines, and a Variety story that claimed the limited number of machines allowed then were allocated to government officials or their families. I was teasing a current and a former Department head about the piece.

Internet buzz?

That's all swimming around in my head when I read the Tribune. I usually buy both papers so I can read the ads. On the internet the Tribune is a good source, plus the Variety is unwillingly and hesitantly entering the internet age. Links, sometimes stories, disappear and the server is easily overwhelmed. They don't seem to 'ping' the aggregators when they publish.

Bad planning, in my view. Very few small communities have 2 ½ newspapers. Big-city U.S. papers are cutting staff and shutting down. Cutting-edge companies are looking for internet revenue to make up for falling sales, one has even quit publishing on paper.

I mentioned this to Variety Editor Zaldy Dandan and he said they were published for a local audience, adding that some of the Tribune's bells-and-whistles were too expensive. I hope he's right.

*I agree with some of his arguments, just shake my head at others. But they're moot, so there's no sense in wasting our time on that is there?