Governor Calvo Uses Organic Act Authority to Deport FSM Citizen

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Convicted felon Ninton Hauk will be deported and banned from Guam. Hauk was sentenced to ten years in prison for aggravated assault on a minor. 

Guam – Governor Eddie Calvo has for the first time used his Organic Act authority to deport a citizen of the FSM.

 

 

In a letter to FSM President Peter Christian, Governor Calvo writes that he has “residual authority to enforce the immigration laws of the United States in default of performance by the Immigration and Naturalization Services of the United States”. The Governor further writes that with this authority he has directed that convicted felon Ninton Hauk be “removed and deported from Guam forthwith as soon as administratively possible.” The Governor also writes that Hauk has agreed to be deported and permenantly barred from entering Guam.

 

 

 

 

READ RELEASE FROM GOVERNOR’S OFFICE BELOW:

 

COMMUNITY NEWS: Inmate’s sentence commuted; volunteers to leave Guam

 

In an effort to promote personal responsibility and safety in our community, Governor Eddie Baza Calvo removed an offender of Guam’s laws. Ninton Hauk voluntarily left Guam and agreed not to return as a condition of a commuted sentence.

 

Citizens of other nations are allowed to live on Guam under certain conditions, which are spelled out in a visa or the Compact agreement. Working or attending an educational institution are typical requirements. A failure to fulfill those requirements AND breaking local or U.S. laws that result in a conviction should mean their removal. What we see today is an overpopulated Department of Corrections, and hundreds of the inmates and detainees are non-U.S. citizens who have failed to live by the laws of Guam. 

 

While the Government of Guam has tried to work with U.S. Immigration and other federal entities to determine the process and the standards of removal, there has been little response. Federal officials have told local leaders that it is not a priority for them.

 

This is the situation that led to Governor Calvo’s decision to work with local agencies and remove non-U.S. citizens who have broken Guam laws. The Hemlani Apartments case highlighted the need to enforce this policy.  

 

 

FACTS 

 

Who is Ninton Hauk? Mr. Hauk is an inmate who was sentenced to 10 years in prison for aggravated assault on a minor – all but one year was suspended. That one year was to be served consecutive with a 5-year sentence for the second charge of use of a deadly weapon during a commission of a felony.

 

Why did we commute and remove Mr. Hauk? He had about a year left for his sentence. His actions in prison did not lead DOC officials to believe he could be rehabilitated, having gotten into a fight with another inmate. There are educational programs made available to inmates and Mr. Hauk did not take advantage of them. When approached with the possibility of a commuted sentence with the condition that he leave Guam, he agreed.  

 

How can we ensure Mr. Hauk will not return to Guam? Mr. Hauk’s name was sent to the U.S. Citizen and Immigration Services, the Federal Aviation Administration and the airlines as a person not allowed to return to Guam. We will be speaking to local representatives of U.S. Customs and Border Patrol and are asking them to work with the local Department of Customs and Quarantine. Local agencies will have the information as well.

 

Was the victim notified: Yes.

 

Does commuting Mr. Hauk’s sentence cost the government more than keeping him incarcerated on Guam?  Economically speaking, it is less costly to remove or deport an individual than it is to detain them. But this isn’t just about economy or the state of the DOC facility, it is also about holding people accountable for breaking Guam’s laws. 

 

Are you targeting COFA citizens?  No. All of Guam’s residents — whether you’re a citizen, a person here on a work or education visa, or you’re here through the treaties called Compact of Free Association — must live by the laws of Guam and the United States. A U.S. citizen faces the penalty of prison when they break the laws. Those who are here under a Visa or Compact and fail to comply to the requirements of their stay on Guam AND break laws also face deportation. 

 

Will others be deported? We are working on that, yes. Each case will be reviewed carefully. Moving forward, we hope to work with U.S. immigrations and our federal partners who hopefully will begin to prioritize this issue. 

 

Governor Calvo hopes to work with the federal government to ensure migrants who come to Guam comply with the requirements of living in the United States and its territories, which includes abiding by its law.