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?

A boy named sue

Nobody should be surprised that Gov. Benigno R. Fitial has filed his lawsuit against the federal government -- the move's been obvious since he first proposed it in his State of the Commonwealth Address and he consistently ignores anybody but his dwindling inner circle.

Former Office of Insular Affairs Deputy Assistant Secretary David Cohen puts it succinctly in the Saipan Tribune:

Moreover, while the lawsuit “tries to argue that the CNMI is being singled out with special restrictions that do not apply to any other community in the U.S,” the truth “is exactly the opposite. The CNMI is receiving special benefits that no other community receives under U.S. immigration law.”

I've written that before, but the Counselor does it so well. Another of my points he says better:

The governor, he added, “is essentially asking the court for protection because he’s afraid that the federal agencies will, in the future, ignore their duties under the new law and not implement it properly. Any court worth its salt would tell the governor to wait and give the feds a chance to do their jobs properly. You can’t sue public officials in advance for possible future misdeeds. You have to wait to see if those misdeeds actually occur.”

This Lone Ranger approach is arrogant enough, but the Governor evidently has such contempt for the Legislature that he's going to use funds that have not even been identified as resources:

In his Sunday statement, the governor says he “will not use any funds currently available for public services for this case” yet his spokesman, Charles Reyes, acknowledged in an interview that money obtained through government settlements will pay for it

“The governor is not prepared to get into all the technical details at this point. Of course, we'll want the Legislature's blessing,” Reyes added.

Amazing, and how exactly do you put the genie back in the bottle if the Legislature disagrees? Then again, when all of the chittering is done, Rep. Diego Benavente tells us the likely outcome:

Although lawmakers acknowledge the governor's authority to sue the federal government and to transfer funds for the suit, he added, they believe the litigation will be costly and counterproductive

With all (due) respect, and granting that the Legislature has abdicated its responsibility by giving the Governor virtually unlimited reprogramming authority, this is evidently money that has not been identified or appropriated. That attitude (again) raises the question Why do we need a Legislature?

Oh, and a quibble for the reporters; the Saipan Tribune and the Marianas Variety don't even tell us who's being sued, though the Tribune implies it by saying the suit was filed in the U.S. District Court for the District of Columbia "which is often the venue for challenges to federal regulations-against the Department of Homeland Security and the Department of Labor."

"Hey listen. Don't you think you're bounding over your steps ?" -- Arthur Stanley Jefferson (Stan Laurel)

Half of what?

This is what I hate about stories based on unreleased reports.

Dick Pierce, the Governor's elfin trade adviser, apparently leaked parts of the draft Government Accountability Office report and a Department of Interior funded economic report on federalization effects to the Saipan Tribune.

Nothing wrong with that, you might say. We all want to know how federalized labor and immigration might affect us. Yeah, but. What assumptions are made in both reports? Are the prospects as bleak as painted and planted? Gov. Benigno R. Fitial cited a 50 percent decline in Gross Domestic Product in his Sue You speech and Pierce dutifully repeated that "Our economy would be cut in half." Half of what? Our now threadbare garment economy? The Japan Airline years?

Spin cycle

The spin doctor is in. These reports are being used to justify the Governor's quixotic quest for legal action. It's hard to argue against them if they're State Secrets.

They may be right. I don't know. How can I? What I see now is a parade of locals and non-residents asking for work. That parade is very likely to stop in a year or two. For now, Shell, Mobil, CUC and the shipping companies are driving businesses into the ground. It's not the threat of federalized immigration or the $4.05 minimum wage.

Fed up

Let's blame the feds. “Federalization” is the Marianas' new code word for everybody's dreams and fears. A bastardized modifier that is usually made meaningless by being used as a subject.

Everything will get better if we federalize. Or worse. Federalize what? The Commonwealth Utilities Corporation? Some people are so confused by the constant demagoguery that they actually expect that to happen. Okay, the real subject, when opportunists and obfuscators aren't trying to score points, is U.S. control of local labor and immigration laws.

Sure, I expect this to work about as well as the pacification of Iraq. But who's to blame?

The feds didn't chase Japan Airlines away, they didn't let Continental Airlines abandon us for Guam. They didn't mortgage Saipan's (and the CNMI's) future for the notoriously fly-by-night garment industry.

Look a little closer to home. It's popular to blame the factories, and I wouldn't even attempt to explain their well-documented abuses away. But they're businesses. They buy cheap (including malleable politicians) and sell dear (the bag we're left holding). They use loopholes like Headnote 3(a) and they push laws and regulations to the limit—some beyond the limit if there's no enforcement. They lobby to keep wages low.

The federal government noticed. So we trundled off to Washington and said, look we know the wage is low, but we fixed it ourselves. No need for “federalization”. The law was unpassed as soon as the immediate crisis was over. We lied to the U.S. Congress.

Plan B was a doozy too. Let's abandon our bipartisan support in Washington and hook up with the sleaziest lobbyist we can find. As a reward, we can read about Saipan sweatshops every time we Google Jack Abramoff. Trips, cash and skyboxes for a few well-connected now-discredited panderers thwarted the will of Congress.

A dangerous game, and they play hardball in the big leagues. Like my beloved San Francisco Giants, our steroidal superstar is gone, with nothing left but swelled heads and shrunken gonads. Oh, and Grand Juries.

So there was an election, the roadblocks disappeared and the legislators who were played and blocked re-introduced their bills. They don't believe our promises and they don't trust our lobbyists. They certainly don't expect our politicians to do anything.

Who can blame them?

Who's listening anyway (Immigrate Expectations Part II)

S.2739 is in the news bigtime. Locally. I challenge you to find a story in the national media that mentions Saipan or the CNMI and the bill.

The U.S. economy is melting down, Iraq is a mess, and the presidential campaign is in full swings(sic).

OK sure, immigration is part of the national debate and a lot of businesses want a guest worker program. Some states don't want to wait, but we're not the poster child for how to do it.

Has a single Senator or Congressman spoken up opposing U.S. control of CNMI immigration ('federalization')? I don't think so, but correct me if I've missed one. That's understandable, we're the Typhoid Marianas because of Jack Abramoff, Tom Delay, Mark Zachares, et al. The petri dish has been contaminated. I'll let you be the judge of whether the ten-year, er, delay was worth it, but who's going to stick their head up now?

I don't even think they're paying attention to our local media. A few congressional staffers, maybe. We hear from them occasionally, but it always sounds like they've been asked for comment. They defend what's already proposed.

So why all of these stories from local politicians, businesses and business organizations? Who are they trying to influence? Each other?

Oh, and contract workers? I've heard for more than twenty years that there might be a path to naturalization 'someday'. I always thought it was wishful thinking. I still do. It's not about the numbers, that's a drop in the bucket nationally. It's the precedent--which makes it a controversial provision that was dropped from the legislation. It's not about fairness either. Sorry. For most national politicians it's about politics.

Realistically, a retreat on the minimum wage law is much more likely. Again, I'm not talking about fairness, but politics. Republican administrations are always against minimum wages*. I'm amazed any one was surprised when OIA came out for a freeze.

Democrats hold the majority in both houses of Congress, of course, and they are the minimum wage party. Only, I still wonder about that six-month Oldaker Biden & Belair contract. They did some "minimum wage" work back in the Abramoff days, too.

*Case in point: Kansas Republicans blocked raising their state minimum above $2.65 per hour. Surprised? I was (Lawrence Journal World & News)

**I also wondered about David Cohen's resignation from the Office of Insular Affairs. The timing is awfully close. Pulas' line about not wanting the job because it's political gets a new twist. While I still think he was just trying to beat the rush of lame duck Bushketeers waddling to the unemployment line, it's at least a possibility.

Two immediate thoughts: 1) He might have disagreed but not wanted to be disagreeable or, 2) He might have agreed, but not wanted to spoil his image as the godfather of the poor and dispossessed. We'll probably never know unless somebody like TPM Muckrakers gets hold of some emails.