The office of delegate James Moylan office has been receiving inquiries on whether deportation options are available for the Government of Guam when it comes to migrants, who are convicted of aggravated felonies.

As shared in a March 11, 2024, letter to the Attorney General of Guam, the answer to this question is a yes.

Moylan and his team have been working with Congressional Research Services (CRS) and have been briefed that this option does exist, whether the migrant has entered the island legally under the COFA agreements or illegally through other means.

A statement from Moylan’s office states, “According to § 1227 of 8 USC, an alien who is convicted of an aggravated felony does qualify to be deported. §1101(a)(a)(3) of 8 USC defines the term “alien” as any person not a citizen or national of the United States. Further, section 101(a)43 of the INA outlines what the term “aggravated felony” entails, and it includes murder, rape, or sexual abuse of a minor.”

The next steps to take would involve the Attorney General setting up the parameters with Immigration Customs Enforcement (ICE), and would include working with the immigration courts as well.

“This process may not be simple, but it is certainly worth exploring,” the press release stated.

Moylan says with the rise in heinous crimes, particularly where minors are the victims, and with the population surge at the Department of Corrections, a deportation policy should be an option on the table as it sets out a strong message when it comes to Guam’s tolerance in dealing with criminals convicted of serious criminalities.