Volume 37
Issue
2
Date
2023

They Are Here Because We Were There: COFA Migrants in the United States

by Charles Hirsch Peskin

In the late 20th century, the United States entered into agreements each known as the Compact of Free Association (COFA) with the newly independent states of the Marshall Islands, the Federated States of Micronesia, and Palau, collectively the Freely Associated States (FAS). These nations, formerly part of the United States-administered Trust Territory of the Pacific Islands, are part of the Micronesian geocultural area which has been under the dominion of colonial powers for over 500 years. Under the COFAs, citizens of the FAS are allowed to permanently live and work in the United States and its territories as habitual residents. Known as COFA migrants, these individuals face a distinct slate of challenges due to the precarious statutorily- defined legal status they maintain in the United States. This Note examines this status and argues that COFA migrants are most accurately characterized as imperial denizens by demonstrating the unique hardships COFA migrants face. With the COFAs expected to be renewed by the end of 2024, this Note offers considerations to be taken into account in the renewal process which would improve the lives of COFA migrants.

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