“A foreigner can be declared an undesirable alien based on records outside Palau, and not just from Palau,” explained Attorney General Ernestine Rengiil, the basis for determining a person an undesirable alien.

Of the 230 foreigners President Surangel Whipps Jr. declared as undesirable aliens, 200 are Chinese, and 30 are from other countries, including one from the United States and one from FSM.

AG Rengiil revealed that most of the Chinese on the list from the Peoples Republic of China were charged in the court here and ordered deported or ordered to self-deport, such as those that arrived last year without proper documentation.

The list also included Chinese nationals that have been here for years and have Foreign Investment business licenses.

Former Assistant Attorney General Christa Boyd-Nafstad was the only American on the list and one Yapese (FSM) Matthew Moding Togeg.   There was no case filed against former AAG Christa, but the information on why she was on the list could not be shared with Island Times.

AG Rengiil said she could not reveal why those persons were deemed undesirable.  “The information is personal to them, and I can’t reveal to just anyone,” said AG Rengiil.  She reiterated that people do not have to commit a crime here to be deemed undesirable. 

The law, 13 PNCA Section 1005, gives the President of the Republic power to deny entry or revoke the entry permit of persons for a lot of reasons, including “willful furnishing of false, incomplete or misleading information or …an act of espionage, sabotage, sedition, or treason against the government of the United States or the government of the Republic.”

Furthermore, the law states President can revoke or deny entry to any foreigner if “such denial or revocation is in the best interest of the Republic.”  The law gives the President power to deny permits or revoke entry permits based only on his or her perception.

The government of Palau is not obligated to inform anyone before or even after he or she is placed on the list of undesirables. 

The government only has to provide all carriers with a list of undesirable persons.

There is no legal process for those declared undesirable to contest being listed, but AG Rengiil said that they could either write to the Attorney General or to the President if they want to question their names being on the list of undesirables.

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