17 Dec 2008

US asks Federal court to dismiss CNMI's lawsuit against Federalisation

9:01 am on 17 December 2008

The United States government has asked a federal court to dismiss a Commonwealth of the Northern Marianas lawsuit against federalisation of its immigration system.

The US also says the Governor of the CNMI, Benigno Fitial, lacks the standing to bring the court action on behalf of the Commonwealth.

The Saipan Tribune reports that six lawyers from the U.S. Department of Justice filed the motion to dismiss before the U.S. District Court for the District of Columbia.

The government lawyers cited three other reasons why the federal court should drop the case.

One is that the the CNMI lacks standing to bring the lawsuit because the injuries alleged are not "concrete and particularised," but are instead "speculative and hypothetical";

Two that the the court action is not ripe for adjudication; and finally that the the lawsuit does not state a claim for which relief may be granted.

The CNMI government has until next month to respond.

Governor Fitial filed the lawsuit against the U.S. government, Department of Homeland Security Secretary Michael Chertoff, U.S. Department of Labor Secretary Elaine Chao, and U.S. Department of Labor in September this year.