Bill Text: HI SR92 | 2018 | Regular Session | Amended

Hawaii Senate Resolution 92 (Prior Session Legislation)

Bill Title: Urging The United States Congress To Pass Legislation To Clarify The Status Of Migrants Under The Compacts Of Free Association For Purposes Of The Real Id Act Of 2005 To Promote Fairness And Equality Under The Law And Urging The United States Citizenship And Immigration Services To Delineate Compact Of Free Association Status As A Specific Category In The Systematic Alien Verification For Entitlements System.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2018-04-05 - Report and Resolution Adopted, as amended (SD 1). [SR92 Detail]

Download: Hawaii-2018-SR92-Amended.html

THE SENATE	S.R. NO.	92
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII

SENATE RESOLUTION

URGING THE UNITED STATES CONGRESS TO PASS LEGISLATION TO CLARIFY THE STATUS OF MIGRANTS UNDER THE COMPACTS OF FREE ASSOCIATION FOR PURPOSES OF THE REAL ID ACT OF 2005 TO PROMOTE FAIRNESS AND EQUALITY UNDER THE LAW AND URGING the United States Citizenship and Immigration Services to delineate Compact of Free Association status as a specific category in the SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS system.

WHEREAS, the Freely Associated States of the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau consist of a multitude of islands, languages, and cultures throughout the Micronesian regions of the Pacific Ocean; and

WHEREAS, the Freely Associated States were formerly the Trust Territory of the Pacific Islands, administered by the United States of America from 1947 to 1986, and, now as sovereign nations, continue to place their trust in the United States through the Compacts of Free Association; and

WHEREAS, the Compacts of Free Association between the Freely Associated States and the United States of America recognize the historic sacrifices and contributions made by the citizens of the Freely Associated States for the interests and benefit of the United States of America, including the use of their island atolls for sixty-seven nuclear tests from 1946 to 1958, which subjected the Marshallese people to human radiation experiments without their knowledge or consent, as well as the United States military's occupation of the island atolls to ensure control of the Pacific; and

WHEREAS, under the Compacts of Free Association, the United States of America continues to exercise exclusive military jurisdiction over the lands and waters of the Freely Associated States and continues to use the atolls as part of the United States National Missile Defense Program's long-range intercontinental ballistic missile defense system; and

WHEREAS, decades of administration by the United States have failed to establish economic independence within the Freely Associated States, contributing to a lack of adequate agricultural, educational, and health infrastructure necessary for a self-sufficient society; and

WHEREAS, in addition to the aforementioned sacrifices, the sons and daughters of the Freely Associated States continue to lay down their lives in the interest of the United States, representing some of the highest levels of per-capita military personnel recruitment levels for the United States military, compared to any other jurisdiction; and

WHEREAS, the people of the Freely Associated States have also contributed greatly to Hawaii's understanding of the common cultural heritage and pride of all Pacific Islanders, such as traditional navigation techniques that were kept alive by the late "Papa" Mau Piailug; and

WHEREAS, since 1986, citizens of the Federated States of Micronesia and Republic of the Marshall Islands, and since 1994, citizens of the Republic of Palau have legally resided in Hawaii under the Compacts of Free Association with the United States of America; and

WHEREAS, about eighteen thousand migrants under the Compacts of Free Association live in Hawaii, where they work, attend school, raise families, create businesses, and make other significant contributions; however, they face social and institutional discrimination and are regularly ignored by federal law, which exacerbates their systemic exclusion from fair and equal treatment; and

WHEREAS, under the Compacts of Free Association, citizens from these nations may "establish residence as a nonimmigrant in the United States" and according to the United States Citizenship and Immigration Services, "they are granted an unlimited length of stay" for which they have no "end of stay" date listed in the legal documents that establish their legal residency; and

WHEREAS, migrants under the Compacts of Free Association typically enter the United States under I-94 forms with the notation "D/S" to indicate that their "duration of stay" is unlimited, and they are, according to the United States Citizenship and Immigration Services, "authorized to remain in the U.S. as long as [they] maintain a valid status"; and

WHEREAS, unlike other recipients of the I-94 form, migrants under the Compacts of Free Association are not required to provide additional documentation to justify their legal presence because they have the right to an unlimited length of stay; and

WHEREAS, migrants under the Compacts of Free Association abide by all standard requirements to obtain a driver's license or state identification card in Hawaii, including providing documentation for proof of identity and proof of residency; and

WHEREAS, the REAL ID Act of 2005, Pub.L. 109-13, 119 Stat. 302 (REAL ID Act), fails to consider individuals' status under the Compacts of Free Association and incorrectly refers to the long-defunct term "Trust Territory of the Pacific Islands", and migrant status under the Compacts of Free Association does not readily fit into any of the listed categories of the REAL ID Act; and

WHEREAS, because of this technical oversight in the REAL ID Act, migrants under the Compacts of Free Association are often wrongly subjected to an annual driver's license or state identification card renewal requirement that is typically reserved for state residents who are unable to prove their lawful presence; and

WHEREAS, the annual driver's license or state identification card renewal requirement is overly burdensome for thousands of valued and productive migrants under the Compacts of Free Association who legally reside in Hawaii and who rely on these forms of identification to obtain and maintain employment, education, housing, health care, and other essential resources; and

WHEREAS, the annual driver's license or state identification card renewal requirement for thousands of Hawaii residents wastes already burdened state and county resources during a time when motor vehicle licensing and permitting agencies report triple the number of driver's license renewals every month and renewal appointments that can take as long as one hour to complete; and

WHEREAS, the United States Citizenship and Immigration Services has the authority and capability to clarify status under the Compacts of Free Association through the Systematic Alien Verification for Entitlements system, which is the mechanism used to determine legal presence for purposes of the REAL ID Act; and

WHEREAS, the United States Citizenship and Immigration Services has clarified other federal procedures to include status under the Compacts of Free Association when such status has been overlooked, including the recently updated guidelines for I-94 forms published by the agency that defines migrants under the Compacts of Free Association as "alien[s] authorized to work" and authorizes a "D/S" indicator in lieu of an end-of-stay date; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, that the United States Congress is urged to pass legislation to clarify the status of migrants under the Compacts of Free Association for purposes of the REAL ID Act of 2005, Pub.L. 109‑13, 119 Stat. 302, to promote fairness and equality under the law; and

BE IT FURTHER RESOLVED that the United States Citizenship and Immigration Services is urged to delineate Compact of Free Association status as a specific category in the Systematic Alien Verification for Entitlements system and to clarify that the "unlimited length of stay" of persons with that status is sufficient for the same renewal period as legal permanent residents and United States citizens for purposes of driver's license and identification renewals, and other entitlements and benefits that may otherwise require an "end date of stay" entry; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the United States, President Pro Tempore of the United States Senate, Majority and Minority Leaders of the United States Senate, Speaker of the United State House of Representatives, Majority and Minority Leaders of the United States House of Representatives, each member of Hawaii's congressional delegation, United States Secretary of the Interior, United States Assistant Secretary for Insular Areas, Director of the United States Citizenship and Immigration Services, Hawaii Field Office Director of the United States Citizenship and Immigration Services, Governor of the State of Hawaii, Attorney General of the State of Hawaii, Director of Transportation, Deputy Director of Highways of the Department of Transportation, mayor of each county, and director of each county department of motor vehicles.

Report Title:

Compacts of Free Association; Status