Northern Mariana Islands - Political Status

Political Status

In 1947, the Northern Mariana Islands became part of the post–World War II United Nations Trust Territory of the Pacific Islands (TTPI). The United States became the TTPI's administering authority under the terms of a trusteeship agreement. In 1976, Congress approved the mutually negotiated Covenant to Establish a Commonwealth of the Northern Mariana Islands (CNMI) in Political Union with the United States. The CNMI Government adopted its own constitution in 1977, and the constitutional government took office in January 1978. The Covenant was fully implemented November 3, 1986, pursuant to Presidential Proclamation no. 5564, which conferred United States citizenship on legally qualified CNMI residents. This led to CNMI being represented in the United States (and especially Washington, D.C.) by a Resident Representative who was elected at-large by CNMI voters and whose office was paid for by the CNMI government. The Consolidated Natural Resources Act of 2008 (“CNRA”), approved by the U.S. Congress on May 8, 2008, established a CNMI delegate's seat; Democrat Gregorio Sablan was elected in November 2008 as the first CNMI delegate and took office in the 111th Congress.

On December 22, 1990, the United Nations Trusteeship Council terminated the TTPI as it applied to the CNMI and five other of the TTPI's original seven districts (the Marshall Islands and the Federated States of Micronesia (Chuuk, Kosrae, Pohnpei and Yap)), this was acknowledged in United Nations Security Council Resolution 683 passed on the same day.

Under the Covenant, in general, United States federal law applies to CNMI. However, the CNMI is outside the customs territory of the United States and, although the internal revenue code does apply in the form of a local income tax, the income tax system is largely locally determined. According to the Covenant, the federal minimum wage and federal immigration laws "will not apply to the Northern Mariana Islands except in the manner and to the extent made applicable to them by the Congress by law after termination of the Trusteeship Agreement." The local control of minimum wage was superseded by the United States Congress in 2007.

Prior to November 28, 2009, U.S. immigration laws did not apply in the CNMI. Rather, a separate immigration system existed in the CNMI. This system was established under the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (“Covenant”), which was signed in 1975 and codified as 48 U.S.C. § 1801. The Covenant was unilaterally amended by the CNRA, thus altering the CNMI’s immigration system. Specifically, CNRA § 702(a) amended the Covenant to state that “the provisions of the ‘immigration laws’ (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth of the Northern Mariana Islands.”2 Further, under CNRA § 702(a), the “immigration laws,” as well as the amendments to the Covenant, “shall . . . supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth.” Transition to U.S. immigration laws began November 28, 2009.

The CNMI has a United States district court which exercises jurisdiction over the District of the Northern Mariana Islands (DNMI), which is coterminous with the CNMI. The United States District Court for the Northern Mariana Islands was established by act of Congress in 1977 and began operations in January 1978. The court sits on the island of Saipan, but may sit other places within the Commonwealth. The district court has the same jurisdiction as all other United States district courts, including diversity jurisdiction and bankruptcy jurisdiction. Appeals are taken to the Ninth Circuit. The district court's local rules specifically require lawyers to wear shoes to court.