USA-Marshall Islands

Bilateral in force

INTRODUCTION

Located in the Pacific Ocean, the Marshall Islands are an island nation that maintains a unique political, economic, and military relationship with the United States through a bilateral Compact of Free Association (COFA). For over 40 years, the COFA has facilitated free movement between the Marshall Islands and the United States. Citizens of the Marshall Islands can travel without a visa or additional permit authorisation to the United States to work, live, and study. Similarly, U.S. citizens can travel, live, study, and invest in the Marshall Islands with no visa restrictions, although work authorisation is subject to local regulations. These provisions have remained unchanged since the COFA's implementation.

In 1947, the United Nations assigned the United States as the administering authority over the Trust Territory of the Pacific Islands, which included the Republic of the Marshall Islands (RMI). With a commitment to self-determination, the RMI adopted its own Constitution and established a government-to-government relationship with the U.S through the Compact of Free Association (COFA). Signed in 1983 and in force since 1986, the initial COFA outlined a fifteen-year framework for U.S. economic assistance and defence guarantees in exchange for military strategic access to the RMI territory. In 2003, amendments to COFA extended economic assistance for twenty years (2004–2024), as approved by Congress, with minor additions to the immigration provision. Under the “Compact of Free Association Amendments Act of 2024,” the agreement was further renewed for twenty years (2024-2044) under the Biden Administration. Under the COFA, the U.S. operates the U.S Army Garrison-Kwajalein Atoll in the Marshall Islands.

The COFA allows Marshallese citizens visa-free entry, residence, employment and military enlistment in the United States as nonimmigrants for an indefinite time. U.S. citizens may also reside and work in the Marshall Islands visa-free. Individuals who obtained RMI citizenship through investment or similar programs are ineligible for COFA benefits. RMI’s Compact includes provisions for addressing the consequences of U.S. nuclear testing conducted at Bikini and Enewetak Atolls (1946–1958), including compensation, healthcare, and environmental restoration. A significant concern has been Medicaid eligibility, which was revoked in 1996 under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), but later restored on December 27, 2020, through the Consolidated Appropriations Act, 2021. Although access to federal programs has improved, COFA migrants may still face challenges due to inconsistent state-level implementation, funding issues, and the lack of awareness.

STATE PARTIES

  • MARSHALL ISLANDS
  • UNITED STATES

TIMELINE

1983The Republic of the Marshall Islands and the United States signed the Compact of Free Association (COFA) on 25 June.
1986The COFA entered into force on 21 October.
2003The economic and immigration provisions of the Compact were amended and signed into law by Congress on 17 December.
2004On 1 May, the Republic of the Marshall Islands and the United States signed documents to officially implement the Compact, as amended.
2024The Compact of Free Association Amendments Act of 9 March of 2024 renews funding and updates federal services for another twenty years (2024–2043).

KEY LEGAL DOCUMENTS

Compact of Free Association between the Republic of the Marshall Islands and the United States. Signed, 25 June 1983 – Entry into Force on 21 October 1986.

Compact of Free Association between the Republic of the Marshall Islands and the United States, full text as amended on 30 April 2003, Majuro.

Compact of Free Association Amendments Act of 2003, Public Law 108-188.

Compact of Free Association Amendments Act of 2024, Public Law 118-42.

FURTHER READING

McElfish PA, Hallgren E, Yamada S. Effect of US health policies on health care access for Marshallese migrants. Am J Public Health. 2015 Apr;105(4):637-43. 

Fact Sheet, Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands, September 2020.