Vol. 35 No.37
       ©2007 Marianas Variety
Monday, May 7, 2007 www.mvariety.com
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Governor vetos bill to arm immigration investigation

By Gemma Q. Casas
Variety News Staff

A BILL that would allow immigration investigators to carry firearms was vetoed amid concerns about lack of training and qualifications to use the weapons.
Gov. Benigno R. Fitial said while he agrees with the general purpose of House Bill 15-20, it must be revised to address the Attorney General Office’s concerns.
“I am not prepared to sign it at this time because of concerns raised by the Office of the Attorney General and the Division of Immigration…. I ask the Legislature to consider these proposals carefully and take appropriate action. For the foregoing reasons, I am returning the bill as disapproved,” the governor said in his veto message to the Legislature dated April 24.
Vice Speaker Justo S. Quitugua, D-Saipan, introduced H.B. 15-204 in 2006.
Quitugua said because immigration investigators sometimes encounter danger in carrying out investigations involving illegal aliens, they should be allowed to “possess, use and carry firearms, ammunition or dangerous devices while on duty” to protect themselves.
Attorney General Matthew Gregory said their legal research showed that there is no constitutional problem with the bill or general legal problems with the power of the Legislature to enact it.
However, Gregory noted that proper training and qualifications must be ensured before certain immigration personnel are allowed to use firearms.
He further noted that certain language in the bill must be revised to clear up any ambiguities.
“As law enforcement officers, they are responsible individuals and a firearms policy will be adopted before any firearms are issued. The policy will include securing the firearm whether on duty or off-duty, training and qualifications, reporting, the discharge of the weapon for any reason, etc.,” said Gregory in a memorandum to the governor’s special assistant for programs and legislative review.
“Gunlocks would be a part of the issuing procedure…. this last point is crucial to our immigration inspectors’ ability to respond to emergency situations, we cannot recommend the governor’s approval of the bill in its current firm,” he added.
So far, the governor has vetoed eight bills, H.B. 204 included, since last year.