American Samoa Immigration Laws
The American Samoa Immigration LawsAmerican Samoa National Park (U.S. National Park Service)
American Samoa travelers must have a 6-month minimum travel pass, a one-way or transfer flight and sufficient money to assist their sojourn. US nationals and US nationals do not need a visas and can travel in and out of the country at will. Canadians, Australians, New Zealanders and British nationals can travel to American Samoa and receive a 30-day travel authorization.
For all other foreign nationals wishing to travel to Samoa for corporate or leisure purposes, they must obtain an entrance permit.
Chapter 41 Citizenship, alienation and immigration; American Samoa immigration laws
The United States Congress has on several occasion acknowledged the right of the American Samoa peoples to define their own biological futures and in acknowledgment of the current policies of the United States Administration to evolve American Samoa for American Samoa and to promote the terms of the American Samoa Constitution.
Section 3 of Art. I - Approval of the adoption of such laws, which may be necessary to safeguard the country, traditions, culture as well as American Samoan traditions and Samoan families of American descent, and to promote businesses by American Samoans, the legislature finds that there are finite landmines, waters, sanitation, and education and economy possibilities in American Samoa.
With the growing mobilization of the current populace, the only way to conserve American Samoa civilization and way of living, and to give the American Samoa community the opportunity to define their own politic and economical futures, is to limit the entrance of non-American Samoa into American Samoa. It is in this spirit that the legislature has adopted this heading and it must be interpreted for the sake of protecting the Samoaans, their country and their economical and politic futures.
b ) This heading shall be designed and constructed in such a way that its general aim is to restrict admission to American Samoa to American Samoa descent residents, their spouse and orphans. As used in this heading, unless the contexts require otherwise: a) "Foreigners" are all individuals who are not US residents.
b ) "Attorney General" means the Prosecutor General of American Samoa or his nominee for representation. c) "American Samamanic" means a natural person: ii ) outside American Samoa, but one of his parent was originally from American Samoa of Samoan descent and enrolled with the Executive Committee within 3 years of his 18th anniversary or the entry into force of this section, whichever comes later.
d ) "American Samoan descent": direct descendents of the residents of Tutuila and Swains, whose principal residences were American Samoa on 17 April 1900, and the residents of the Manu'a Islands, whose principal residences were American Samoa on 16 July 1904. e) "Board" means the Immigration Service of American Samoa.
g ) "crew member" means a passenger who serves in any capacity aboard a ship or an aeroplane. h ) "Immigration Officer" is an official of the Immigration Department of the State. National of the United Stares" means either a United States national or a individual who, although not a United States national, is indebted to the United States for lasting loyalty.
i) "Owner" means the operative, the transport line, the captain, the commander or the receiver of a ship or an aeroplane. For the purposes of this Article, "permanent residence" means a persons fulfilling the admission requirements set out in Section 04 of this Chapter. n ) "Permanent" means a relation of a persistent or enduring character that is different from a transitory one, but a relation may be enduring, even if it is a relation that can ultimately be terminated either in the case of American Samoa or the lawful one.
o ) "Person" means a single entity and may include a company, partner, common stock, or corporate body if the contexts so require. q ) "domicile" is the primary place of domicile of a persons, i.e. the real place of stay, regardless of willfulness. r ) "Tourist" means a visitor to American Samoa for inspection who plans to stay in American Samoa for less than 30 consecutive nights and who resides in the United States or any other countries that do not wish to leave and visits American Samoa for temporary commercial or private use.
For the purpose of this Chapter, no individual shall be considered a good morality during the time for which a good morality must be, or was, established: b ) a member of one or more of the groups of people described in paragraph 41, whether or not they can be excluded.
0615 (9), (10), (11), (12), if the offence described therein, for which that individual has been sentenced or for which the latter authorises the institution, was perpetrated during that period: e ) a party who has made a misstatement to obtain any benefit under this Title: g ) one who has always been tried for homicide or violation.
It is not excluded that a persons does not belong to any of the above mentioned categories, that this persons has or had a good ethical nature for other ascriptions. 3. For the purpose of this Chapter, any persons who have been expelled (before or after the adoption of this Title) and who have abandoned American Samoa shall be deemed to have been expelled under the Act, regardless of the origin from which the costs of his transport were borne or to which place he was expelled.
On 0203 Immigration Crew Members. It is the Immigration Service of American Samoa, composed of 5 large members, who are citizens of the United States of American Samoa, nominated by the Governor with the agreement and agreement of the legislature. The members remain on the Executive Committee until a replacement is authorised.
Each year, the members of the Executive Committee shall choose their own chair. Meetings of the Executive Committee are held at the time and place designated by the Chairperson to conduct the affairs of the Executive Committee. Each member of the Management Committee, as well as the chairperson, has one voice. I' m gonna let the board: 1. Conduct a hearing on the statute or expulsion of a non-American Samoan, his spouse and child requesting a permit to travel or reside in American Samoa and consider an appeal against a decision of the Prosecutor General and the Immigration Department:
2. to expel any foreign er after the foreigner has been given the chance to be heard publicly: 3. to conduct any other consultation necessary for the implementation of this Title: All matters relating to the implementation of this instrument by a proxy authorised by the governing body shall be investigated: To audit the accounting, record keeping and account keeping of all American Samoa employees with respect to the occupation of foreigners: (7) To adopt laws and provisions for the implementation of this Act; these provisions shall contain provisions regarding expulsion:
a) The foreigner shall in all cases be adequately informed of the type of charge against him and of the date and place of the trial: The foreigner has the right to be replaced, at no cost to the administration, by a lawyer empowered to practise before the Supreme Court of American Samoa as he wishes:
9. Make available for review any rule or statement or interpretation made, accepted, or used by the RI Board in the performance of its duties: His or her administration shall be delegated to the Prosecutor General or the Immigration Officials of American Samoa: 12 ) shall request the registering of all foreigners resident in American Samoa and may take photographs and fingerprints of such foreigners in order to obtain identity documents on a form required and processed by the Executive Comittee.
A Prosecutor General shall administer and enforce this and all other laws related to the improvement, immigration, enrolment and statute of foreigners, unless such titles or laws refer to the authority, function and duty vested in the director. It has the oversight, management and monitoring of all staff and all documents and recordings of the Immigration Department and the Executive Team.
It shall adopt such rules, require such types of Notes, reporting, registration and other documents, give such directions and take any other actions it considers necessary to execute its functions under the terms of this instrument, as well as prosecute cases before the Management Committee. The Director may assign the tasks which he considers necessary to carry out or carry out any of the functions, privilege or duty assigned or enjoined to him by this Heading or the rules contained therein, which shall be assigned to any other member of the Prosecutor General's Department and the Immigration Department.
It has the authority and obligation to check and protect the frontiers and frontiers of American Samoa against the unauthorized immigration of foreigners, and to this end it shall, at its own sole discretion, specify the number of Immigration Department personnel which it deems necessary and appropriate under the Act.
a) If a individual applies for a visa that is necessary for immigration or residency, or otherwise seeks to travel to American Samoa, that individual is responsible for proving his or her entitlement to obtain the visa and is not excluded. Unless he can prove this to the immigration officer's complete satisfaction at the immigration harbor, he may not be entitled to travel to American Samoa.
b ) In the expulsion process against a individual, that individual is required to prove the date, place and type of immigration to American Samoa, but upon presentation of such evidence, they are required to produce an identity card or other nonconfidential documentation and record relating to their immigration and held in the care of the Prosecutor General.
c) If the onus of evidence is not maintained, it is assumed that the individual is in American Samoa and is thus in breach of the Act. A habeas-corpus proceeding of the High Court of American Samoa may examine any provision of the Prosecutor General's arrest, parole or probation until such time as a deportation order is issued.
An application for an appeal may be submitted to the Appeals Department of the Supreme Tribunal no later than 15 workingdays from the final ruling of the Board: the complaint is lodged against the Bureau as a defendant. a) The General Meeting cannot replace its ruling on the weighting of the facts with the ruling of the Chamber.
The Tribunal shall attach considerable importance to the American Samoa Board's expertise, technique and expertise on immigration issues in the review of the interpretations of the evidence, its substantive and legal implications. No 0209 may not suspend the removal of a deportee until the tribunal has determined, unless the tribunal orders otherwise.
In the event that essential claims of the applicant have been infringed because the executive board's decision: (1) violates existing legal or regulatory requirements, the courts may overrule or amend the executive board's ruling or refer the case back for further proceedings: O302 Ban on discriminatory immigration.
No-one shall be privileged or subject to discrimination in issuing a certificate of declaration on grounds of racial, sexual, nationality, place of origin or domicile, unless expressly provided for in this Chap. to foreign nationals who are not married and who are children of American Samoans or US citizens:
0301 and all certificates of residence not necessary for the categories not referred to in subparagraph (1) which are the spouse, single spouse or daughter of a legal adult in American Samoa: 0301 and all certificates of enrolment for American Samaman dynasties, other than those necessary for the categories referred to in subparagraphs (1) and (2), provided that they are at least 21 years of age:
0301 and all certificates of residence not necessary for the categories referred to in subparagraphs (1) to (3) for skilled foreigners who are members of the profession or whose extraordinary skills in the science or art of business, culture or the well-being of American Samoa result in significant benefits and whose service in the profession, science or art is used by an American Samoa employer:
0301, plus all certificates of residence not necessary for the categories referred to in paragraphs (1) to (4) to qualifying personnel who are able to provide certain workers, whether semi- or seasonally trained, for whom there is a lack of able and willing workers in American Samoa:
0301 and all certificates of residence not necessary for the categories referred to in subparagraphs (1) to (5) to qualifying individuals who are spouses of American Samoan children or daughters: 8. Registry acknowledgement card approved in a financial year, less the number necessary for issue to the categories referred to in subparagraphs (1) to (6) and less the number made available in accordance with subparagraph (7), shall be made available to other qualifying personnel in the order in which they have completed their qualification.
Declarations of residence drawn up in accordance with subparagraphs (1) to (6) of Subpart (a) shall be made out to the competent authorities in the order in which an application to register on whose behalf each of these individuals is lodged with the Prosecutor General in accordance with this Section. Any request for a proof of identity shall be considered a non-preferential claimant until the immigration official is satisfied that he is qualified for preferential treatment under paragraph ( (1) to (7) of Subpart (a) or that he is a direct relation of an American Samoan as defined in paragraph 41.
a) Any foreigner who is now or later in American Samoa, 14 years or older, has not been recorded and recorded under this section and resides in American Samoa for 30 or longer is required to request prior to the end of this 30 day period to be enrolled and photograph.
b ) Any foreigner's American Samoa parental or guardian who is less than 14 years old, has not been recorded under this section and stays in American Samoa for 30 or longer is required to request the enrolment of such foreigner before the end of these 30 working day period.
c) If a foreigner reaches his 14th anniversary in American Samoa, he must personally sign up for registering and taking photographs within 30 working day. a) Any party obliged under this section to make a declaration or to request the declaration of their identity or of another party shall provide the information necessary for such declaration under penalty of perjury.
b ) Anyone empowered under the provisions adopted by the Prosecutor General to record individuals in accordance with this section shall be empowered to take an oath for these ends. 1 ) Date and place of arrival of the individual in American Samoa: He is expecting to stay in American Samoa:
The Prosecutor General may empower immigration officials to log the following information about any individual who leaves or enters American Samoa: Name, ages, sex: whether marriage or unmarried: profession or occupation: whether literate: nationality: place of birth: county, its citizens or subject: race: last domicile in American Samoa: planned prospective, domicile: and, if a U.S. or a U.S. citizen, the facts on which this statute is underpinned.
Any recording of registrations and photographs made in accordance with this section shall be kept in confidence and may be made available only to those appointed by the Prosecutor General. a) Any foreigner who must be recorded in American Samoa on the first of January of each year must inform the Prosecutor General in written form of his present postal and postal addresses within 30 workingdays from this date and provide him with the supplementary information requested by order of the Prosecutor General.
b ) Such foreigner must inform the Prosecutor General in written form of any changes of residence and new addresses, also within 10 workingdays after the change date. c) Any foreigner on temporary absence from American Samoa on the first of January of each year must provide their actual residence and other information requested in this section within 10 workingdays from returning.
d ) Such a foreigner in American Samoa who is in a legal transitory residency must inform the Prosecutor General in the same way in written form after the expiry of any three-month term during which he is in American Samoa, regardless of whether there has been a shift in his adress.
In the case of a foreign national for whom a parental or legal guardian must request to be registered, the notification prescribed in this section shall be made by that parental or parentage. a) Any individual or any counsel or counsel of a party who makes a request for entry containing a declaration of misrepresentation known to him or who fraudulently registers himself or another individual or who seeks to obtain the entry shall be found to have committed a Category A error.
b ) A foreigner sentenced under this section shall be detained when an arrest order is issued and expelled in the way required by statute. Every individual who knowsingly takes pictures, prints or otherwise makes or performs any gravure, photo, printing or imprint in the probability of a confirmation of foreigner recording slip map, or a color counterfeit thereof, unless and how under such regulations, which may be imposed by the Prosecutor General's Office is culpable of a Category T crime.
04-01 Expulsion of non-U.S. citizens. The Immigration Committee is empowered to expel any individual who is not a U.S. citizen or a American Samaman's husband or son, unless the individual determines this to the opinion of the Board:
He or she provides a craft or expert knowledge that is not readily available in the American Samoa fellowship, and the craft or expert knowledge is needed in American Samoa: A foreigner has a foreigner' s sponsorship, as requested by this Act and the regulations of the Board: He is not exclusive and cannot be deported in accordance with section 06 of this document.
b ) Notwithstanding Subpart (a), the Bureau is empowered to permit the exchange of culture and families between individuals in American Samoa and Western Samoa under the circumstances deemed necessary by the Bureau and within the limits of the numbers set forth in Section 03. Occupational-Samoans with the right of long-term residency. All American Samoans have the right to reside permanently in American Samoa.
b ) Any individual who establishes American Samoa as his place of abode on or before January 1, 1950, as well as his husband and sons, are eligible for American Samoa as a place of abode, provided that he has been permanently residing in American Samoa since that date. O403 People who are eligible to request long-term residents.
a) The following individuals are eligible to request long-term residence: 1. any individual who is in American Samoa, both morally and lawfully, for an indefinite duration of at least 20 years, and a subject to whom expulsion would be a hardship: "Persistent residence" means a non-stop stay in American Samoa, except for those terms which must not be longer than three successive months:
2. any individual who was 21 years or younger at the date of legal adoption by an American Samoa: except that any individual who was lawfully adopted by an American Samoa before 31 December 1980 is eligible to make an application. b ) The number of people to whom the title of domicile may be conferred in a financial year in accordance with this section shall not be greater than 10.
c) No foreigner who has not registered in accordance with this Act shall be eligible to request the legal position of long-term residents. O404 Permanency request. a) Anyone other than the American Samoans seeking long-term residency must submit an official request to the Executive Committee on the form required by the Executive Committee. b ) The RI directors shall consider all requests for long-term residency in the order of the date of the request in accordance with this section and shall conduct the necessary inquiries before the RI directors to determine a matter.
c) After verifying that the claimant is eligible for perpetual residency and that this measure does not violate the purposes of this Section, the RI Board shall provide a certificate stating that the claimant is permanently residing in American Samoa. Persistent citizens can loose their state if they live outside of American Samoa for a more than 6 month without permission from the immigration authorities.
All non-American Samoans with fixed residence may loose the statute of "permanent residence" because this person: (1) is a condemned offender: 2. a sentenced for two or more offences, whether the offence was committed in a sole proceeding or was the result of a sole system or malpractice and whether it is a matter of morality:
3. a suspect who has been sentenced for an offence which contains a criminal offence of a morally offensive nature or who confesses to actions which form the fundamental element of such an offence: with the exception of a suspect who has commited such an offence at the tender of less than 18 years of age, unless the offence has resulted in imprisonment in a jail or a penitentiary:
5. a who:: has procured, tried to obtain or tried to bring in, directly or through an indirect means, for the purposes of sex or any other unethical sex purpose: (E) participated in any other illegal business vices, whether or not they are prostitutes. a) Children who have been adopted by American Samoans have the same immigration laws as American Samoans, provided they are legal: "Children who have been adopted by American Samoans have the same immigration laws:
2. The infant is 12 years or younger at the date of the adoption and has been with his or her adoptive parent for 5 years. All other adopted individuals must submit a residence permit to the Executive Committee. O407 Forfeiture of the immigration or residence permit.
a) If a subject stops having the occupational, commercial, work, marriage or other legal personality that entitles him/her to entry to or residence in American Samoa under the terms of this Section or the regulations of the Bureau, he/she shall be considered for the purpose of this Section as a subject wishing to entry to American Samoa from the date on which he/she no longer holds such personality.
b ) If the individual has not informed the Prosecutor General within 15 workingdays after he was granted a different statute, his attendance and that of his relatives and relatives in American Samoa will be inadmissible. I have 0501 input connectors. a) No one may access American Samoa from a location outside American Samoa except at a seaport of immigration.
While the only approved immigration harbours in American Samoa are the Fugatogo Harbour and Pago Pago Intl. Airports, the Bureau may nominate other immigration harbours between meetings of the legislature, if appropriate, provided that the immigration harbours are presented for authorisation at the next Parliament.
At the request of the Prosecutor General or Government Department of General Affairs or Government Department of General Government, the captain or pilots of any ships or aircrafts coming to American Samoa from a non-American Samoa harbour must present a passenger on board together with the medical certificate. Agents or owners of ships other than the planes to land in American Samoa must notify Immigration at least 24 hrs in advance.
Each ship that arrives or departs before or after the times set by the Prosecutor General must be paid for the services of all officials of the administration necessary for the evacuation of the ship. None of the persons, as well as the owners, agents, chatters, captains or commander of a ship or airplane, may disburse or dismiss a non-American Samoan crew member on a ship or airplane that arrives in American Samoa without the prior written approval of the Prosecutor General.
0049-507 Control of those wishing to enter the country. a) To inspect, except for medical and psychological examinations, any person requesting admittance or removal to American Samoa or having the right to be inspected by the Prosecutor General or his representative and any immigration official, unless otherwise provided herein.
Anyone who arrives in American Samoa harbours will be checked by one or more immigration officials at the Prosecutor General's sole discretion and in accordance with the regulations established by him. b ) Anyone whose right to entry or reside in American Samoa is in doubt may be obliged to surrender their passports or travelling papers at the control officer's application and the control official may keep the passports or travelling papers until the individual has left American Samoa.
c) Any immigration official authorised under the rules imposed by the Prosecutor General shall have the authority to question any individual who, on the basis of a well-founded ground of reasoned doubt on the basis of articulatable facts, is considered a foreigner with respect to his right to be or to stay in American Samoa. 0049-508 Occasional distance of people upon arriving.
a) Upon a ship or airplane carrying passengers arriving in a harbour in American Samoa, immigration officials may order a provisional expulsion of such individuals for investigation and investigation at a specified date and location to determine whether they are in a class barred from this Protocol.
Transitory distance shall not be regarded as a landings release the ship or airplane holder from any commitment under this section which would be binding on the holder if the person were to remain on board. b ) The ship or airplane operator is released from liability for the security of the remote person for as long as the distance takes.
However, the proprietor may, with the agreement of the Prosecutor General, take charge of the security and welfare of the remote person if he ensures the movement to a specific place for investigation and investigation. If this is the case, the distance does not have to be made by an immigration official. c) The ship, airplane or transport line shall bear all costs of moving to a planned place of investigation and inspection.
It also bears all costs incurred during a later arrest until a ruling on the person's right of entry into American Samoa has been made and until the individual is either permitted to either end up or be returned to the custody of the transport line or the ship or plane that took him or her.
Costs cover upkeep, health care in a clinic or elsewhere, funeral in the case of loss of life and repatriation to a ship, airplane or transport line for removal. In the case of a passenger who has received a current visa and is definitively allowed to reside in American Samoa after arrest, no costs associated with the arrest may be claimed against the ship, plane or transport line operator.
0049-509 Affidavits and taking of proof of immigration. a) The Prosecutor General and any immigration official may take an oath and take and examine evidences for or by any individual in relation to the privileges of any individual he thinks or assumes will be entering, passing through or staying in American Samoa, or in relation to any matters that are essential and pertinent to the implementation of this section, and if measures are required to establish a note of the evidences.
b ) Any individual who comes to American Samoa may be obligated at any moment under penalty of perjury to state the cause or causes for which he comes, the duration of his stay in American Samoa, whether or not he plans to stay in American Samoa on a permanent basis, and any other information giving rise to his right of residence in American Samoa.
a) Every immigration official has the authority to question a foreigner or a foreigner thought to be a foreigner about his or her right to be or to stay in American Samoa. Any Immigration official may detain, without an arresting order, a foreigner who enters or attempts to access American Samoa in his present or perceived manner in breach of any statute or rule enacted in application of the Act on the Approval, Exception or Deportation of Foreigners and may detain any foreigner in American Samoa if he has reasonable grounds to believe that the foreigner is in American Samoa in breach of such statute or rule and is likely to flee before an arresting order is issued.
c) The individual who makes the detention without an arresting order in accordance with this section shall immediately thereafter make an oath of habeas and request an arresting order from a member of the Bureau until the next Bureau session. Every immigration official can get on any ship in the Samoa area without an arresting order and look for foreigners.
They can also get on any plane for the same reason without a detention order. 05-12 Searching people and their belongings without an arrest certificate. Every mate or immigration department official or supervisor authorised and appointed in accordance with the rules laid down by the Prosecutor General may carry out a warrantless raid on a subject and belongings in the property of a subject applying for American Samoa approval, if the mate or supervisor has reason to believe that there are reasons for expulsion under this section and are revealed by the raid.
a) Anyone leaving American Samoa may be asked to obtain permission from the American Samoa treasury and the Sheriff of Law Enforcement before boarding a plane or ship. b ) The bursar may only issue an authorisation after he has paid a debt to the administration of that individual, his husband or child, and the commissioner may only issue an authorisation if he is convinced that the individual is not indicted for an offence or awaits a criminal sentence.
c) If a passenger tries to leave American Samoa without the permission requested in this section, he or she may be detained by an immigration official or a policeman. d ) As used in this section, "departure" does not mean to leave American Samoa for a temporary period to participate in a marriage, burial or congress, or to take a holiday.
Withdrawal shall bear the weight of determining that one of the aforementioned reasons for withdrawal applies. 05-514 Infringement of 41. 05-0505 - Penalty. Every individual who passes the 41. 0617, are not necessary in the case of a subject who confesses to being expelled because he/she has stayed beyond the period permitted under this heading or permitted by the Executive Committee if that subject leaves American Samoa on a voluntary basis at his/her own expen- t.
Anyone entering American Samoa and being barred under this heading because they do not have the necessary papers, as requested by 41. O502 shall be immediately expelled to the place from which he came, in accommodation of the same category from which he arrives, on the ship or aeroplane which brings him, unless the Prosecutor General considers in each case, at his own judgment, that immediate expulsion is not feasible or appropriate.
Anyone who violates this section will be prosecuted as if for a violation. + 0603 Insurance provider. a) The costs of maintaining, inclusive of custody and arrest costs, and transport costs for removal from American Samoa shall be for the account of the ship or plane owned by the ship or plane on which the deportee arrives.
b ) If the ship or plane in which the individual has landed has left American Samoa and it is not feasible to expel him within a suitable period by another ship or plane belonging to the same individual or firm, the cost of the expulsion may be borne by the State and the holder is liable for the refund.
Cal 0604 Obligations of ship and airplane operators. a) The proprietor of a ship or airplane may not: 1. refusing to readmit a deportee under this Chapters on the ship or an aeroplane or another ship or an aeroplane which is in the possession of or operates in the same interests: 2. A passenger shall not be detained on the ship or on an aeroplane if necessary under this Title:
3. not bear or withhold the cost of the maintenance of a persons held in accordance with this Chapter: Allow no deportation of a US Samoa citizen to be removed or denied where it came from: Consciously import into American Samoa any individual who has been expelled or expelled by legislation until such individual is given legal authority to request membership.
b ) It is the obligation of any individual, as well as the owner, captain, officers and agent of ships or aircrafts, who brings a foreigner to American Samoa or provides a means to a foreigner to stop such a foreigner from arriving in American Samoa at a point of entrance other than that specified by the Prosecutor General or at a point or place other than that specified by the immigration officials.
c) Any individual, as well as any owner, captain, captain, officer or agent of a ship or airplane, who brings a foreigner to American Samoa or provides him with funds to avoid the arrival of that individual in American Samoa without the necessary documentation as specified in paragraph 41.
d ) Any individual, proprietor, captain, skipper, mate, officers or agents who does not meet the above requirement shall be responsible for a fine to be imposed by the Prosecutor General of up to $1,000 for each such breach. This punishment is a pledge on the ship or aeroplane whose owners, captains, captains, officers or representatives violate the terms of this section, and the ship or aeroplane may therefore be defamed before the High Court of American Samoa.
A procedure shall be conducted by the Executive Committee in accordance with this section to establish the eligibility of a deportation. Deportation shall only be determined in accordance with minutes taken in a procedure before the Bureau and the individual shall have an appropriate occasion to be present unless it is impracticable due to his or her inability to be present, in which case the Bureau shall require the necessary and appropriate guarantees for his or her prerogatives and privilege.
When an individual has been given an appropriate chance to participate in a procedure under this section and is not present without good reason or declines to participate or be present, the Bureau may decide in a similar way as if the individual were present. Suspicion in front of the Executive Committee.
a) The procedures before the RI board shall comply with these regulations and not conflict with this section as prescribed by the RI Bylaws. 1. the individual shall be notified in all cases appropriate to the type of charge against him and to the date and place of the proceedings:
2. The individual shall have the right to be replaced by a lawyer of his choice: b ) The executive committee does not have to observe stringent regulations of proof. If the RI Board thinks it will help with the decision, it may ask or expressly or by order demand that a public prosecutor be instructed to present the supporting documents on his or her government's behalf, and the public prosecutor may then present proof, question, investigate, and cross-examine the party or witness in the proceeding.
If deportation of a member is ordered under this section, the RI Board's order shall be submitted in such a way as the RI board may normally require. b ) Any persons held in detention may, at the Prosecutor General's option, remain in detention until such detention is definitively established: Prosecutor-General may revoke the guarantee or probation at any moment at his sole option and the individual shall be held in detention under the arrest warrant issued against him and held in detention until such detention is definitively established as deportable.
Anyone expelled by the Executive Committee shall be considered to have been taken into detention by the Head of the U.S. Samoa Sheriff and, as determined by the Executive Committee, may be arrested by the Prosecutor General under 41.0610. a) Any individual expelled by the RI Board for staying in American Samoa beyond the legally permitted period may not re-enter American Samoa for one year, and is not entitled to participate for five years under the quantitative restrictions of Section 03.
b ) Any individual who is expelled for any cause other than that specified in Subpart (a) may not re-enter American Samoa for five years and is not entitled under the quantitative restrictions of Section 03. c) Anyone who is in American Samoa beyond the legally permitted period, or the Bureau who leaves the country on a voluntary basis prior to a meeting by the Bureau, is barred from re-entering American Samoa for any cause for one year.
d ) The RI Board may determine other re-entry requirements justified by the particular case. This Section provides the only and only method for establishing the removability of a beneficiary under this Section. 0615 Exclusable people. Unless otherwise provided in this heading, the following groups of nonpermanent nonresidents are barred from entering American Samoa and are liable to deportation:
Noctually handicapped persons: Imbecile: (2) Insane: People who have had one or more seizures of insanity: People with a psychological disorder, a psychological disorder or a psychological defect: People with infectious disease: Whoever is beggar, pauper or tramp: 9. Any person sentenced for two or more offences, whether the offence was committed in a sole case or whether the offence arose from a sole pattern of wrongdoing and whether the offence is morally reprehensible:
10. Any person who has been sentenced for an offence which involves a criminal offence of a morally condemned nature, or who admits to having commited such an offence, or who authorises actions which are integral to such an offence: with the exception of any person who has commited only such an offence while being younger than 18 years of age, unless the offence has resulted in a custodial sentence or a penal institution:
People who are a polygamist, practitioner of interpolygamy or advocates for the practise of interpolygamy: 12. People who:: to American Samoa to participate mainly or in passing in prostitution: have tried, directly or implicitly, to obtain, acquire, obtain or bring in any person for the purposes of sexually explicit or otherwise immoral: (E) have been or have been wholly or partly assisted in the raising of or receipt of proceeds from such sex: (E) have paid or paid for such proceeds:
{\a6} (F) come to American Samoa and participate in any other illegal business vices, whether they are prostitutes or not: People who, in the view of the Executive Committee, can be charged to the general public anytime at the date of the request for admission: 14. Individuals who have been previously expelled or expelled from membership and who re-apply for membership within the period forbidden by statute or executive order:
Assumed or attempted immigration to the United States or to American Samoa by means of deception or intentional misrepresentation of a fact of substance: (17) Unless otherwise provided in this heading, any individual who is not in possession of a current American Samoa travel permit at the date of immigration, as requested in this heading and the regulations adopted by the RI Board:
18. any persons who accompany another persons, whose expulsion or deportation is ordered and attested as defenceless from illness, intellectual or bodily handicap or childhood and whose custody or care is requested of the defenceless person: If at any point in the course of his or her life, any individual who knowsingly and to his or her advantage has incited, caused, supported, favored or supported another individual to attempt to enter American Samoa in contravention of the law:
Anyone who defends, educates, is a member of or is associated with the United States or American Samoa governments by violent, violent or other unconditional means: People who have resided beyond the period stipulated in their visa or given by the board:
22. Individuals who have infringed any of the provisions of this Act or this Bureau Order, in supplement to any other punishment which may be imputed by any of the provisions of this Act: Authorities of which they are nationals (23) any individual who has a current charge against them, drawn up by the judicial authorities of a Member State or area::
Non-American individuals who have either agreed to leave voluntarily instead of being expelled, expelled or arrested, or who have been expelled or expelled by the United States. All foreigners in American Samoa, as well as an extraterrestrial crew member, will be expelled by order of the Prosecutor General, who:
1. was, at the date of arrival, in one or more of the exclusive categories of person under the legislation in force at the date of entry: in American Samoa without investigation or at any point in or place other than as determined by the Prosecutor General or this Act, or in American Samoa in contravention of this Act or any other Act of American Samoa:
3. Thereafter, within five years, any travel due to psychiatric illness, deficit or shortage shall be institutionalised at the cost of the general government, unless the individual can prove that such illness, deficit or shortage did not occur before entering American Samoa: 4. shall be tried for an offence which has been commited within five years of each arrival and which has been either imprisoned or imprisoned in a jail or correctional facility for one year or more, or which is always condemned after arrival for an offence which does not result from a particular system or from a particular offence, whether or not the sentences have been commited in a particular trial:
is a narcotics user or has been sentenced at any point after entering the country, or has been sentenced at any point in history for violating any statute or plot to commit a breach of any statute or provision concerning the illegal holding of narcotics or pot, or for violating any statute or provision regulating or monitoring taxation, manufacturing or manufacturing,
Failure to do so may result from behaviour, behaviour or activities at any point in the year following admission to one of the categories listed under 41. 0615 (12); or is or at any point after entering the country was, or is, or at any point after entering the country is associated with the running of a home of professional offenders or any other unethical place:
at all times wittingly and profitably encourage, induce, support, favour or assist another individual to arrive in American Samoa or to attempt to do so in contravention of the law: 9. Any gun which fires more than one round of fire without automatic or semi-automatic re-loading, has a firing action or a gun generally referred to as a sawn-off scattergun, or carries it in breach of any legislation, shall have been condemned at all times after entry:
10 (11) have been sentenced more than once at any given moment after entering the country for breaching any part of this Title; to the United States or American Samoa by means of deception or intentional misrepresentation of a fact of substance; (13) be accompanied by another individual whose custody or care is requested by the defenceless individual in order to be expelled or expelled and confirmed as defenceless from illness or intellectual or bodily handicap or childhood;
14. The U.S. or American Samoa governments approves or educates or is a member or affiliate of any organisation that promotes or educates the downfall by violent or other unconditional means; (15) has remained beyond the period permitted in its immigration visa or permitted by the Boar; and
has not complied with any of the provisions of this section or this RI Bylaws, in supplement to any other punishment which may be served under any of the provisions of the Act; (17) has been subject to a current charge served on him by the appropriate judicial authorities of a nationality of a country or region; (18) has paid a 30-day visiting under 41.
01502 and who is engaged without authorization or is not within the limits of the numbers set forth in Section 03 of this Book; (19) is punished by the Immigration Department three or more often for illegal employment under 41. 0409 ASCA; (20) at all hours must have consciously and for profit consciously motivated, arranged, supported, favored or supported any other individual to arrive or attempt to arrive in American Samoa in contravention of the Act.
In 1987, sub-section (2): added "is" before "in American Samoa" sub-sections (3) and (1): added "any" before "entry". Subparagraphs (7): "or" inserted between "is" and "any time". Subparagraphs (8): Subparagraphs (8): Language superseded to make terms and conditions applies "at any time" and replaces "other" with "person". A non-American Samoan may be permitted to stay in American Samoa if the Executive Committee is satisfied that he or she is the husband of a legally resident or that he or she is a dependent or dependent on another national, or that he or she is a dependent upon a national, such as a non-American national, not married,
adoptive child) of a legally authorised adult and that the expulsion of the husband or wife or child leads to extremely harsh treatment for the legal residents of his husband, parents, sons or daughters and does not violate the law.
Persons who, for the purposes of gaining an authorisation, immunity or other benefit under this heading or for the purposes of deceiving an immigration official, make an verbal or legal declarations, returns, declarations, applications or other documents of which they know or reasonably believe that they are wrong or deceptive, must plead and be convicted accordingly when convicted of a Category A offence.
Every individual who, contrary to the authorities of the Prosecutor General, modifies or deliberately disfigures an authorisation granted under or in the exercise of the terms of this Chapter or an authorised or authenticated copy of such authorisation, shall, if he is convicted of a Category A offence, be found to have committed it and be convicted accordingly.
Persons who oppose, obstruct, obstruct or attempt to deceive an immigration official in the legitimate pursuit of his or her duties or authority under this Titel in respect of any matters relevant to the fulfilment or pursuit of any of the duties, functions, authority or confidentiality of the immigration official under this Titel shall, when convicted of a Category A offence, be found responsible and accordingly convicted.
Anyone who has in his/her possession a falsified or illegally amended death or marital record or any other documents pretending to determine one' s alter, statute or identification, or who knowsingly uses an illegally or otherwise illegitimate authorization or any other documents made out under this heading, or uses a certification, authorization or immunity made out to or in relation to another individual as if they had been made out in or in relation to themselves, must, when convicted of a Category A offence, be liable for the following
Anyone who harbours or supports a suspect whose attendance in American Samoa is illegal must be found to have committed and convicted of a Category A offence. Anyone who rejects or does not abide by any communication given to him under the terms of this Chapter or under the terms of this Chapter which is imposed on him by this Chapter or these Regulations shall, after his sentencing, be condemned to a Category A offence.
Anyone who violates any of the provisions of this Chapter, the infringement of which is not expressly provided for in this Chapter, must be found to have committed a Category A offence and convicted accordingly. a) A perpetrator is committing the felony of being illegally present in American Samoa if he or she knowsingly violates the immigration laws of American Samoa.
a) A felony of stowage is committed when a passenger hides on a ship or airplane to obtain an unauthorised crossing from or to American Samoa to or from another harbor or location.