Aliens

• Author: International Law Group

After World War II, the United Nations classified most of the Micronesian Islands, including the Northern Mariana Islands, as the "Trust Territory of the Pacific Islands" (TTPI). The United States was to administer the TTPI under the obligation of "promoting the development of the inhabitants of the trust territory toward self-government or independence."

The Marshall Islands, Palau, and Federated States of Micronesia eventually became independent states. Unlike the other Pacific states, the Northern Mariana Islands worked out a permanent political union with the U.S.

On February 15, 1975, the parties signed The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (the Covenant). Congress's Joint Resolution on March 24, 1976 brought it into force [Pub. L. No. 94-241, 90 Stat. 263 (1976), 48 U.S.C. Section 1801 note].

Under Article 101 of the Covenant, the U.S. acquired sovereignty and "ultimate political authority" over the Commonwealth of the Northern Mariana Islands (CNMI). The Covenant explicitly makes certain portions of the U. S. Constitution, and most statutes in effect at the time of the Covenant's enactment, apply to the CNMI.

In addition, Congress can enact laws that affect the CNMI by naming the CNMI in any legislation not inconsistent with the Covenant. The authority of the U.S. over the CNMI is not plenary, however, but arises only from the Covenant. In general, the Covenant confirms to the CNMI a substantial measure of self-government, granting the people of the CNMI control over its internal affairs.

Germane to this case, the Covenant exempts the CNMI from U.S. immigration and naturalization laws as well as from its minimum wage laws. The immigration exemption allegedly arose from the CNMI's fears that large numbers of Asian immigrants would migrate to the CNMI under U.S. numerical quotas. The exemption from American minimum wage laws rested on sensitivity to the CNMI's stagnant economic condition.

In 1983, the CNMI passed the Nonresident Workers Act (NWA), 3 N. Mar. I. Code Section 4411 et seq. (1999). The Court summarizes its basic provisions as follows. "When applying to work under the NWA, a nonresident worker must submit an affidavit stating that he or she meets the qualifications of the job being sought, ... and has not been convicted of a felony or crime of moral turpitude. [Cites]"

"The worker must also disclose his or her marital status and the...