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Birthright Citizenship on Trial: How the CNMI is Exploiting Surrogacy to Circumvent Immigration Laws

Updated: Aug 28



The Commonwealth of the Northern Mariana Islands (CNMI), a U.S. territory nestled in the Western Pacific, presents a growing national security, immigration, and fiscal crisis that demands immediate attention from the #AmericaFirst Administration. While the CNMI holds strategic value due to its geographic location, the rampant abuse of federal programs and blatant disregard for U.S. immigration laws have turned it into a de facto sanctuary territory. This, coupled with a history of economic dependency on mainland American taxpayers, necessitates a strong and decisive response.



The CNMI's Troubling Past: A Legacy of Lax Oversight

The CNMI’s current predicament is rooted in a long history of lax oversight and a culture of unchecked immigration. Its unique political status under the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (1976) granted it a degree of autonomy, exempting it from certain federal laws, including minimum wage and immigration regulations. This exemption, intended to foster economic growth and self-governance, created a fertile ground for the exploitation of foreign workers and the erosion of basic labor standards.


The CW-1 Program: A System Ripe for Abuse

The CNMI-Only Transitional Worker (CW-1) program, introduced in 2008 to phase out the CNMI's nonresident contract worker program, has been a breeding ground for abuse and fraud. Designed to provide temporary work permits for foreign nationals in specific occupations, the program has been exploited by employers seeking cheap labor, with little regard for the rights of workers or the impact on local residents. This exploitation has been documented in numerous cases, including:


Commonwealth of the Northern Mariana Islands v. Aguon (2014): This case involved the conviction of a CNMI resident who conspired to defraud the CW-1 program by creating fake employment contracts and submitting false documentation.


United States v. Taitano (2017): This case involved the conviction of a CNMI employer who illegally hired foreign workers and failed to pay them the minimum wage.



Lax Enforcement and Rampant Fraud

The CNMI Department of Labor, responsible for overseeing the CW-1 program, has been plagued by accusations of lax enforcement, corruption, and a willingness to turn a blind eye to fraud. This has led to a massive influx of overstaying workers, who have exploited loopholes in the program and remain in the CNMI illegally. The lax enforcement of immigration laws is a direct violation of Title 8 of the United States Code, which outlines the legal framework for immigration and nationality.


Economic Dependence and Fiscal Irresponsibility

The CNMI's economy, heavily reliant on tourism and a declining garment industry, has been fueled by a constant stream of foreign workers. This dependence on cheap labor has stunted the development of a local workforce, perpetuating an unsustainable economic model. The CNMI has consistently relied on federal grants and financial assistance packages, exacerbating its fiscal irresponsibility and increasing its burden on American taxpayers. This dependence has led to a cycle of financial instability and a lack of investment in long-term economic development.



The Current Situation: A Growing Threat to National Security

The CNMI's immigration crisis has reached a critical point, posing a significant threat to national security and undermining the integrity of the U.S. immigration system. The presence of a large, undocumented population, primarily composed of overstayed CW-1 workers, poses a multitude of risks:


National Security Vulnerabilities: The presence of a large, undocumented population makes it difficult to track potential threats and increases the risk of infiltration by individuals with malicious intent. The CNMI's proximity to strategic waterways and its limited security infrastructure create a vulnerability that cannot be ignored. This vulnerability is exacerbated by the lack of comprehensive security measures and the absence of effective border control.

Strain on Resources: The CNMI's lax immigration policies have placed a significant strain on local resources and services, with the government struggling to provide adequate housing, healthcare, education, and law enforcement for a growing population. This burden falls disproportionately on American taxpayers, who are forced to subsidize a system that is failing to uphold U.S. immigration laws.



Erosion of Rule of Law:

The CNMI's failure to enforce U.S. immigration laws undermines the rule of law and sends a message of weakness to potential adversaries. This creates a dangerous precedent and incentivizes further exploitation of the system by foreign workers and employers. The CNMI's actions are a direct challenge to the authority of the federal government and a threat to the integrity of the U.S. immigration system.


The CNMI's Deceptive Maneuvers: A New Sanctuary Strategy?

The CNMI government has recently embarked on a series of legislative maneuvers that appear to be designed to further undermine U.S. immigration laws and solidify its status as a sanctuary territory. These actions are a deliberate attempt to create a system that favors foreign workers over American citizens and undermines the principles of national security and immigration control.



The Marianas Visa Program: A Scheme to Perpetuate Illegal Immigration

The proposed Marianas Visa Program, touted as a replacement for the CW-1 program, is seen by many as a ploy to perpetuate illegal immigration and circumvent federal oversight. It seeks to create a new, CNMI-specific visa program, with a limited focus on local workforce needs and a potential for further abuse. This proposal is deeply concerning, exhibiting all the hallmarks of a "repopulation" agenda aimed at importing a specific workforce, rather than focusing on long-term solutions for the CNMI's workforce needs. The question that demands an answer is "Why?" Why would the CNMI prioritize importing workers from a single country, potentially neglecting the needs of its local population and hindering the development of a diverse workforce? This suggests a deliberate effort to reshape the CNMI's demographics, potentially favoring a specific ethnic group over American workers and the CNMI's diverse population. This "repopulation" agenda represents a serious threat to American interests and must be scrutinized closely.


Driver's License Bill: Granting Privileges to Undocumented Residents

The recent bill proposed by the CNMI government to allow undocumented residents to obtain driver's licenses without proof of legal status is a blatant disregard for U.S. law and a direct attempt to grant privileges to illegal aliens. This legislation further undermines national security by enabling undocumented individuals to move freely within the CNMI and potentially beyond. This bill directly violates the REAL ID Act of 2005, which requires states to establish minimum security standards for driver's licenses and prohibits the issuance of licenses to individuals who cannot provide proof of lawful presence.


The Driver's License Program: A Continuation of Fraud

It's crucial to note that this driver's license program is a continuation of the fraud that plagued the CNMI's BMV, recently exposed and resulting in the conviction of the BMV director. The recent case involving Juana Cabrera Leon Guerrero and Yongde Li, who conspired to issue driver's licenses to undocumented individuals using fraudulent documents, clearly demonstrates the systemic flaws within the CNMI government. This proposed legislation suggests a pattern of disregard for U.S. law and a willingness to continue enabling illegal activity.



The CNMI's Call for Increased Federal Funding: A Strategic Misdirection

The CNMI government's increasing requests for federal grants and financial assistance packages are seen by many as a strategy to disguise its failure to address the immigration crisis and shift the burden of its fiscal irresponsibility onto American taxpayers. This reliance on federal funds, despite the CNMI's history of mismanagement, is a violation of the principles of fiscal responsibility and undermines the purpose of federal assistance programs.


Senate Bill 23-67: Opening the Door for Exploitation?

The recent introduction of Senate Bill 23-67, which would allow licensed physicians from foreign countries to practice medicine at the Commonwealth Healthcare Corp. (CHCC), raises further concerns. While addressing the CNMI's healthcare shortage is crucial, the bill lacks crucial safeguards. The absence of malpractice insurance for these foreign physicians, as well as the potential for fraudulent credentials, creates a pathway for unqualified individuals to enter the CNMI and potentially harm patients. The lack of stringent oversight and verification processes could also lead to exploitation, especially given the prevalence of diploma mills and the ease with which fraudulent credentials can be obtained in countries like the Philippines. This is a direct violation of the principles of patient safety and the integrity of the medical profession, which are essential for a functioning healthcare system.



Surrogacy and the Exploited Loophole

The advertisement for "Marianas Surrogacy" highlights a disturbing trend in the CNMI: the use of surrogacy as a potential pathway to circumvent immigration laws. The ease with which a child born in the CNMI automatically gains US citizenship creates a loophole for individuals seeking to gain citizenship for themselves or their families. This practice raises numerous ethical and legal concerns:



Exploitation of Women:

The advertisement’s focus on financial compensation raises concerns about the potential exploitation of vulnerable women, particularly those facing economic hardship. The $30,000 offered might seem enticing to some, but it's crucial to consider the physical and emotional burdens of surrogacy, particularly for individuals who might be pressured into this arrangement due to financial constraints.


Birthright Citizenship:

While the 14th Amendment grants birthright citizenship to anyone born in the US, its application to surrogacy arrangements, particularly when motivated by immigration intent, has not been extensively tested in courts. The lack of clear legal precedent creates a grey area that can be exploited.


The #AmericaFirst Administration's Imperative: A Call for Action

The #AmericaFirst Administration must respond decisively to the CNMI's escalating crisis. The CNMI's actions represent a direct affront to American values, national security, and the integrity of the U.S. immigration system. This demands a multifaceted response:

Strengthening Enforcement and Upholding the Rule of Law: The #AmericaFirst Administration must send a clear message that the CNMI's actions will not be tolerated. This requires a significant increase in immigration enforcement efforts within the CNMI, including cracking down on overstayed workers, employers who violate the CW-1 program, and those who facilitate illegal immigration.


Curtailing Federal Funding and Holding the CNMI Accountable: The CNMI should be held accountable for its failure to comply with federal laws and for its fiscal mismanagement. This necessitates a severe reduction in federal grants and financial assistance packages until the CNMI demonstrates compliance with U.S. immigration laws and implements responsible fiscal policies.



Prioritizing American Workers and Protecting Employment Opportunities: The #AmericaFirst Administration must prioritize American workers and ensure that employment opportunities are not unfairly taken away from them by undocumented individuals. This requires a thorough review of the CNMI's labor market and the implementation of policies that promote local workforce development and provide pathways for American citizens to fill jobs currently held by illegal aliens.


The Way Forward: A Roadmap for Restoring Order and Security

The #AmericaFirst Administration must take a multipronged approach to address the CNMI's crisis, focusing on:


Enhancing Immigration Enforcement: Deploying additional ICE agents and resources to the CNMI to crack down on overstayers and illegal immigration. Increasing the number of immigration raids and arrests targeting employers who violate the CW-1 program and those who facilitate illegal entry. Implementing stricter visa screening measures for individuals seeking entry into the CNMI. Establishing a system to track overstayed workers and identify those who are a potential security threat.



Curtailing Federal Funding: Conducting a thorough review of all federal grants and financial assistance packages to the CNMI. Implementing a phased reduction in federal funding until the CNMI demonstrates full compliance with U.S. immigration laws and implements responsible fiscal policies. Conditioning future federal funding on the CNMI's commitment to enforcing U.S. immigration laws, promoting local workforce development, and achieving fiscal responsibility.


Protecting American Workers: Conducting a comprehensive review of the CNMI's labor market to identify jobs currently held by undocumented workers. Implementing policies that incentivize local workforce development programs and provide training and employment opportunities for American workers. Enacting penalties for employers who hire undocumented workers and create a system to enforce these penalties.


The Urgency of Action: A Threat Unignored

The CNMI's crisis is not a mere local issue; it poses a significant threat to national security, immigration integrity, and the American taxpayers. The #AmericaFirst Administration must act decisively to restore order and security to this strategic territory. Failure to act will have dire consequences, exacerbating the crisis and further undermining U.S. interests in the region.



The Silent Crisis Continues: A Call for Transparency and Accountability

The CNMI's current crisis highlights the urgent need for a comprehensive review of all its policies and practices, including the proposed Marianas Visa Program, the driver's license bill, and Senate Bill 23-67. These policies, if enacted, will further erode the rule of law and exacerbate the ongoing crisis. The CNMI government must be held accountable for its actions and its deliberate disregard for U.S. law.



The #AmericaFirst Administration must act decisively to protect American interests and ensure that the CNMI is held accountable. This is not just about a small island territory; it's about the integrity of the United States and the safety and well-being of its citizens.


Key Legal Considerations:

Title 8, United States Code: This code outlines the legal framework for immigration and nationality. The CNMI's actions, particularly its attempts to create its own visa program and grant privileges to undocumented residents, directly violate Title 8.


Immigration and Nationality Act (INA): The INA establishes a comprehensive system for the legal admission, status, and removal of foreign nationals. The CNMI's actions undermine the integrity of the INA and create a dangerous precedent for other jurisdictions.


REAL ID Act of 2005: This act requires states to establish minimum security standards for driver's licenses and prohibits the issuance of licenses to individuals who cannot provide proof of lawful presence. The CNMI's driver's license bill directly violates this act.

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA): The IIRIRA strengthens immigration enforcement by providing tools to identify, detain, and remove illegal aliens. The CNMI's refusal to cooperate with ICE and its attempts to shield undocumented residents from enforcement are a direct violation of this act.


Secure Fence Act of 2006: This act underscores the importance of border security and provides funding for the construction of physical barriers and increased border patrol. The CNMI's actions undermine this commitment by creating a sanctuary territory that facilitates the entry and movement of undocumented individuals.


Countering America's Adversaries Through Sanctions Act (CAATSA): CAATSA empowers the U.S. government to impose sanctions on individuals and entities that engage in malign activities, including those who undermine U.S. national security and violate international norms. The CNMI's actions, which threaten U.S. security by providing safe haven for illegal aliens and facilitating their access to resources and services, should be considered grounds for sanctions.



The 14th Amendment and the Birthright Citizenship Loophole:

The 14th Amendment grants birthright citizenship to anyone born in the US. However, the application of this principle to surrogacy arrangements, particularly when motivated by immigration intent, is a complex and evolving legal issue. The lack of clear legal precedent creates a grey area that can be exploited. The #AmericaFirst Administration must take steps to clarify the legal interpretation of the 14th Amendment in the context of surrogacy, particularly in cases where the intention is clearly to circumvent immigration laws.


The Need for Immediate Action:

The CNMI's crisis is a ticking time bomb. The #AmericaFirst Administration must act decisively to protect American interests and ensure that the CNMI is held accountable. This is not just about a small island territory; it's about the integrity of the United States and the safety and well-being of its citizens.

This is a call to action for the #AmericaFirst Administration to act swiftly and decisively to restore order and security to the CNMI. Failure to act will have dire consequences, exacerbating the crisis and further undermining U.S. interests in the region.



Authors’ Profile:


Zaji "Persona Non Grata" Zajradhara: A Voice for the Voiceless Zaji "Persona Non Grata" Zajradhara isn't just an author; he's a force of nature. A staunch advocate for American workers and Indigenous rights in the CNMI, Zaji's life reads like a gritty urban novel, filled with struggle, resilience, and an unwavering commitment to justice. Labeled "persona non grata" by the CNMI government for his relentless pursuit of truth and his outspoken criticism of corruption, Zaji has become a symbol of resistance against those who seek to exploit the islands and its people. As an unemployed Afro-American father, he knows firsthand the sting of the CNMI's dysfunctional labor market, its rigged political system, and the exploitation of vulnerable communities. His experiences fuel his activism, driving him to file numerous legal claims against companies for violating labor laws and discriminating against American workers. Zaji's voice, though silenced by the establishment, resonates through his writing, exposing the harsh realities faced by those on the margins. But Zaji's compassion extends far beyond the shores of the CNMI.


As Program Director of CNMIGA.org, a non-profit dedicated to providing humanitarian assistance in Myanmar, he leads a team committed to delivering essential support and resources to communities in need.


Zaji's story is a testament to the power of one person to make a difference. He is a writer, an activist, a humanitarian – a true urban warrior fighting for a more just and equitable world.

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