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Brigham Young University Prelaw Review

Keywords

Compact of Free Association (COFA), Republic of the Marshall Islands (RMI), human capital flight, return migration, J-1 Visa, nuclear Legacy, cultural Integrity

Abstract

In the aftermath of United States nuclear testing in the Republic of the Marshall Islands (RMI), which rendered several atolls uninhabitable, the country now confronts a different threat: sustained human capital flight. To compensate the RMI for nuclear damages, the United States signed into law the Compact of Free Association (COFA), a treaty structured around three core commitments: (1) defense and security, (2) economic assistance, and (3) unrestricted migration rights. Under COFA, Marshallese citizens may live and work in the United States without a visa, which has resulted in large-scale outmigration of the working-age and educated population. This Note argues that COFA’s migration framework, though well-intentioned, has inadvertently led to economic instability in the RMI and the weakening of cultural practices. It proposes that the RMI and United States amend the COFA to implement a new visa modeled after the J-1 exchange program, which mandates Marshallese citizens to return to the RMI for a minimum of two years after 5 years of work or school in the United States. Although the issue of human capital flight is complex and multifaceted, this Note seeks to suggest a possible remedy to the unintended consequence of the free association clause of COFA. This visa aims to preserve mobility and honor the original intention of COFA, while rejuvenating the RMI economy and unique cultural identity.

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