Changes to deportation law, protection of minors OK’d

Two separate bills on alien entry and deportation as well as protection of minors against prostitution are now up for the governor’s signature, following the House’ approval of the measures in a session Thursday.

The lower chamber passed Senate Bill 14-88, which aims to amend the Commonwealth Entry and Deportation Act, and S.B. 14-91, which seeks to prohibit involuntary servitude, sexual servitude of a minor and transporting a person for purposes of prostitution.

Both bills earlier passed the Senate.

S.B. 14-88 amends the CNMI Entry and Deportation Act pertaining to “excludable aliens” and “voluntary departures”

Sen. Paterno Hocog, author of the bill, said the current immigration law does not provide authority for the exclusion of foreign nationals whom the government believes would threaten the safety or security in the CNMI.

The absence of such a provision, he said, makes it more likely that suspected terrorists or members of organized criminal syndicates can enter the Commonwealth.

“Nor does the current law adequately address foreign nationals who refuse to cooperate with officials pursuing criminal prosecutions,” said Hocog.

The senator said that persons often flee the Commonwealth in order to avoid criminal prosecution or to avoid an appearance as a material witness in a criminal case.

But these individuals, he said, routinely return to the CNMI “and enjoy the benefits afforded by life in the islands, though they have demonstrated willingness to impair essential government functions, thwart the interests of justice, and thus threaten the safety and security of all Commonwealth residents.”

Hocog’s bill also wants to ban aliens who are not in possession of a lawfully issued passport valid for at least 90 days.

It also amends the law’s “voluntary departure” provision to ensure that, at the discretion of the AGO, a person departing shall not be considered deported “but be denied reentry to the CNMI for 10 years and subjected to a fine of up to $5,000.”

Except as allowed by the Attorney General in writing, a voluntary departure shall not be provided if the alien has been convicted of any crime involving violence and has two or more convictions of Driving Under the Influence of Drugs or Alcohol.

The existing voluntary deportation policy, he said, does not provide an adequate penalty for aliens who violate the terms of their entry “and is therefore an impractical alternative to deportation.”

People who are offered the opportunity to voluntarily depart may immediately return to the CNMI “without suffering any consequence beyond the cost of a plane ticket.” As a result, voluntary departures “are rarely considered by the Office of the Attorney General’s Office as a practical option.”

On the other hand, a deportation is a costly and time-consuming procedure that permanently bars a person from the CNMI. Consequently, foreign nationals would usually avoid deportations at all costs, said Hocog.

This, he said, greatly inhibits the AGO’s ability to reach plea agreements in criminal cases involving foreign defendants.

In turn, this needlessly overwhelms the prosecutor’s office, the Office of the Public Defender and the courts with cases that would typically be resolved through a non-trial disposition.