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Embassy of the Republic of the Marshall Islands
2433 Massachusetts Avenue, N.W.
Washington, D.C. 20008-2805
Tel. (202) 234-5414
Fax. (202) 232-3236
FOR IMMEDIATE RELEASE
Contact Information:
RMI Compact Negotiation Office
Tel: (692) 625-3181/4451
Fax: (692) 625-4979/4403
Email: [email protected]
Agreement on Immigration Provisions in Compact
Washington D.C.—March 28, 2003—The RMI Compact negotiation team made a
breakthrough today with the U.S. on the immigration issue, which has been in question
throughout the Compact negotiations. The immigration issue has been most contentious
and potentially could have delayed submission of the Compact to the Congress for
approval before the expiration of economic assistance on September 30 this year.
“I am pleased to say that after long and difficult negotiations, we have reached agreement
with the U.S. Government on the immigration provisions that retain the right of
Marshallese to enter the U.S. without a visa to work, study, and establish residence for an
indefinite period of time” said Minister of Foreign Affairs Gerald M. Zackios. Retaining
the basic immigration benefits of the Compact have been seen as crucial in continuing the
relationship of “free association” under the Compact.
The U.S. has presented several proposals concerning immigration during the past year
that were considered unacceptable by RMI negotiators as the various U.S. proposals
sought to define certain purposes for Marshallese to “visit” the U.S. and to prescribe
other unacceptable conditions.
The new RMI –U.S. agreement on immigration also provides that RMI passports will
serve as work authorization documents in the future, thus eliminating the need for
Marshallese who seek to work in the U.S. to go through the time consuming and
disruptive process of obtaining and renewing EAD’s each year. “We see this as a major
benefit for our people who have come to the United States. Wherever we have gone in
the United States, we have heard many complaints from Marshallese concerning time
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delays in obtaining and renewing EAD’s. These problems have led to many of our
citizens losing their jobs while employed in the United States. With these new provisions,
a valid unexpired RMI passport will provide authorization to work in the United States”.
From the U.S. perspective, the changes in the immigration provisions largely reflect a
desire by the United States to improve its “homeland security.” While acknowledging
this legitimate interest, the Marshall Islands was able to retain the essential immigration
benefits of the Compact, and in the case of U.S. work authorization, was able to improve
the current regime.
The key changes requested by the United States are as follows:
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RMI citizens will now be required to present an RMI passport before being
allowed to enter the United States under the Compact.
U.S. citizens seeking to bring adopted Marshallese children into the United States
may not use the Compact’s immigration provisions to do so.
Naturalized citizens of the RMI must demonstrate five years of actual residence in
the RMI as such citizens as of April 30, 2003, in order to continue to enjoy
Compact immigration benefits.
Persons granted citizenship through investment programs or passport sales are not
eligible to enter under the Compact.
Except where the Compact specifically holds to the contrary, the U.S.
immigration laws shall apply to the admission of RMI citizens and to their
residence in the United States.
The key amendments obtained by the Republic of the Marshall Islands are:
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Recognition in the Compact that the immigration benefits are derived from the
“special and unique” relationship between the United States and the RMI;
RMI citizens may use their passports and entry documentation as U.S. work
authorization, so that reliance on the one-year “Employment Authorization
Document” or EAD Card is no longer required;
The right of “residence” for RMI residents under the Compact is clarified to
confirm the right to establish an principal dwelling place or general abode in the
United States; and
Foreign spouses of RMI citizens who are serving on active duty in the U.S.
Armed Forces are added to the list of persons who may enter under the Compact.
The Compact negotiation team believes this is a positive agreement, in which reasonable
U.S. concerns were addressed while the essential immigration rights of the Compact were
preserved. In addition, significant work-authorization problems experienced by
Marshallese in the United States were resolved. The negotiators now look forward to
approval of this agreement by the governments of both nations.
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