Basiente

The Appellants are citizens of the Federated States of Micronesia who reside in the'Commonwealth of the Northern Mariana Islands (“CNMI”). This case concerns the Appellants’ claims that they are entitled to receive benefits from the Nutrition Assistance Program (NAP), even though their status is that of aliens in CNMI. The Appellants originally received benefits under the program, but because they are aliens, they became ineligible to receive benefits after the passage of the Personal Responsibility and Work opportunity Reconciliation Act of 1996 (‘Welfare Reform Act”), 8 U.S.C. § 1601 et seq. The statute vested authority in the Secretary of Agriculture (“The Secretary”) to waive the restrictions for aliens receiving NAP benefits in CNMI and specified territories. The waiver process is to be carried out with the cooperation of the governments of CNMI and the specified territories. Any such waiver requires the consent of Congress, which can be given by failure to object within 60 days.

The Secretary indicated by letters to Congress his intention to waive the applicability of the Welfare Reform Act provisions for CNMI that preclude the Appellants from receiving the benefits. He did…