HAGÅTÑA (The Guam Daily Post) — The Office of the Attorney General has started a new program designed to deport non-U.S. citizens who have been charged with crimes or are serving their sentences.
On Monday afternoon, Attorney General Douglas Moylan issued a press release regarding the launch of his “Criminal Deportation Initiative.”
In the release, Moylan stated the pilot program addresses issues such as noncitizens committing crimes, the cost to taxpayers related to their legal proceedings, and the recurring “catch, release and re-offend” problem, which he said creates more victims.
“This AG promised if elected that we would crack down on non-U.S. citizen criminal(s) to stop them from hurting us,” wrote Moylan. “Non-U.S. citizens are guests on our island and we welcome them. However, if they choose to hurt us, then we will use every means available, both voluntary and involuntary, that will result in their imprisonment, punishment and removal.”
In addition to the press release, Moylan wrote a letter to Guam Bar Association President Jacqueline Terlaje to further announce the initiative, so defense attorneys can inform their clients of the new legal options.
Moylan explained the pilot program “creates a voluntary, pre- and post-judgment settlement option for their non-U.S. citizen clients charged or convicted of a crime.”
In pre-judgment cases, defendants may be able to have all or part of their jail sentences suspended after the AG’s office considers a set of criteria such as the nature of the criminal offenses and the victims’ input.
Similarly, with post-judgment cases, defendants have the same criteria if they are open to suspending the balance of their jail sentence.
One criterion for both includes determining whether the defendant could be deported with a U.S. Immigration and Customs Enforcement detainer and deportation order with non-reentry. If not, defendants can have their sentences suspended and be deported. However, if they reenter Guam, bench warrants will be in place already, meaning they will be arrested immediately upon reentry and serve the suspended sentence.
The initiative is subject to changes as it’s implemented and is not binding until “a final written and fully executed agreement is reached between the AG’s office and the defendant. It is also subject to being accepted by the judge,” Moylan wrote to Terlaje.
The lobby of the Office of the Attorney General is shown Thursday, Aug. 17, 2023, at the Guam International Trade Center in Tamuning.
