PDO fears crackdown on FAS citizens

The Public Defender’s Office has assailed what it said start of deportation proceedings by the Department of Labor and Immigration against citizens of Micronesia and the Freely Associated States.

According to Robert T. Torres, assistant public defender, DOLI officers acted in bad faith when they convinced his client in a criminal case, Steve Anson, to sign a stipulated deportation agreement based on prior convictions for two misdemeanors while detained at the Division of Corrections.

Mr. Torres said he was not even informed by DOLI officers of the stipulation nor was he even provided a copy of the agreement which was filed in Superior Court and signed by Associate Judge Timothy H. Bellas.

In his letter to Labor and Immigration Secretary Mark Zachares, the Public Defender’s Office noted that immigration officers made a mistake when they considered Mr. Anson as an alien. FSM and Palau residents are non-immigrants pursuant to the Compact Agreements of Free Association. As such, all deportation proceedings must conform with the terms of the agreements.

Mr. Torres asked the DOLI chief to investigate this incident and order the director of Immigration Division to conduct supplemental training on basic immigration law and deportation procedures.

Although Mr. Anson may be the first FAS citizen to be deported from the CNMI, DOLI must still comply with the law and procedure in connection with his deportation and stop taking shortcut process by forcing him to sign stipulation agreements.

Mr. Torres warned DOLI that the conduct of its officers may expose the Commonwealth to civil liability by forcing Mr. Anson to sign an agreement without the benefit of a counsel who represents him in criminal proceedings.

“I find the conduct by your officers extremely disturbing. If the legislature intended to confer authority to DOLI for expedited summary deportation through stipulated agreements, then it would not have provided for deportation hearings in Superior Court,” he said.

While an immigration judge may not have the authority to allow voluntary departure, he still has the authority to ensure that a respondent receives due process in deportation proceedings, Mr. Torres added.

As a result of this practice, private counsels within the Public Defender’s Office have been advised to be on the lookout for similar conduct by DOLI officers on all aliens and FAS citizens. (Lindablue F. Romero)