HAGÅTÑA (The Guam Daily Post) — Guam Del. James Moylan has asked Attorney General Douglas Moylan to look into whether the definition of “alien” as used in H.R. 6976, the Protect Our Communities from DUIs Act, would apply to migrants living in Guam through the compacts of free association between the U.S. and Pacific nations within the freely associated states.
The Protect Our Communities from DUIs Act passed the House of Representatives Feb. 1.
According to the summary provided on congress.gov, the bill would make driving while intoxicated or impaired grounds for barring a non-U.S. national (an alien under federal law) from admission into the U.S. or for deporting that individual.
James Moylan stated that the bill’s authorization for deportation will apply without regard whether the DUI conviction is a misdemeanor or felony under federal, state, tribal or local law.
H.R. 6976 uses language from the Immigration and Nationality Act to define “alien,” according to James Moylan.
“Under clause 8 USC 1182: Inadmissible aliens; section 1101 (a)(a)(3) found through OLRC’s United States Code, the term is defined as the following: §1101. Definitions (a) As used in this chapter – § (3) The term ‘alien’ means any person not a citizen or national of the United States,” James Moylan stated.
The delegate recommended the AG to seek official guidance from the U.S. Department of Justice and Department of Homeland Security on whether the definition will apply to compact migrants in Guam.
“My office will continue to monitor this closely for potential amendments in the Senate,” James Moylan stated.
Douglas Moylan told The Guam Daily Post that his office will engage the DOJ as recommended by the delegate, adding that the OAG already has a deportation program in place. This is the Criminal Deportation Initiative, a pilot program that involves non-U.S. citizens in either pre-judgment or post-judgment cases.
The AG said communication with crime victims is key for the local program, where U.S. Immigration and Customs Enforcement will not automatically deport a non-U.S. citizen defendant.
“We are ensuring a close identification of persons that should be deported from the moment they are charged to turn them over to ICE,” the AG stated.
Regarding the Protect Our Communities from DUIs Act, Douglas Moylan stated that if it is passed, it will “further enhance our ability to protect our community and create further cooperation between our office and DOJ.”
However, he also stated that the governor “must do a better job” of vetting compact migrants entering Guam to “protect against a crime victim being created.”
“(The Department of Public Health and Social Services) should investigate every COFA applicant who applies for welfare under the existing treaty, as they were not let in to tap into our social welfare systems. We at the AG’s office are ready to assist the governor and her Cabinet. (Mongmong-Toto-Maite) Mayor (Rudy) Paco has already contacted our office wanting to assist us in our catch and deport program,” Douglas Moylan added.
James Moylan
Douglas Moylan
