Title 41 — Citizenship, Alienage, and Immigration

(a) All persons departing from American Samoa may be required to obtain clearances from the Treasurer of American Samoa and the Chief of Police prior to being allowed to board any aircraft or vessel. (b) The Treasurer may grant a clearance only after payment of any indebtedness t…

Any person violating 41.0503 to 41.0505 shall be sentenced as for an infraction. History: 1984, PL 18-52 § 2.

Deportation proceedings, including the issuance of a warrant of arrest and a finding of deportability under 41.0601 through 41.0617, are not required in the case of any person who admits being deportable because he has remained beyond the time allowed under this title or granted …

Any person leaving in American Samoa who is excluded under this title by virtue of failing to have the necessary entry documents as required by 41.0502 shall be immediately deported to the place from where he came, in accommodations of the same class in which he arrived, on the v…

(a) The cost of the maintenance, including detention expenses and expenses incident to detention, as well as the transportation expense of deportation from American Samoa, shall be borne by the owner or owners of the vessel or aircraft on which the deported person arrived. (b) If…

(a) The owner of any vessel or aircraft may not: (1) refuse to receive any person ordered deported under this chapter back on Board the vessel or aircraft or another vessel or aircraft owned or operated by the same interests; (2) fail to detain any person on Board the vessel or a…

The Board shall conduct proceedings under this chapter to determine the deportability of any person. Determination of deportability shall be made only upon a record made in a proceeding before the Board and the person shall have a reasonable opportunity to be present unless by re…

If any person has been given a reasonable opportunity to be present at a proceeding under this chapter and without reasonable cause fails or refuses to attend or to remain in attendance, the Board may proceed to a determination in a like manner as if the person were present. Hist…

(a) Proceedings before the Board shall be in accordance with such rules, not inconsistent with this title, as the Board shall prescribe. The rules shall include requirements that: (1) the person be given such notice as is reasonable under all the circumstances of the nature of th…

When the Board believes it will aid in making a determination, it may request the Attorney General or require specifically or by regulation that some person be assigned to present the evidence on behalf of the government and that person may then present evidence, interrogate, exa…

When a person is ordered deported under this chapter, the decision of the Board shall be filed in such manner as the Board may by rule prescribe. History: 1984, PL 18-52 § 2.

(a) Pending a determination of any person’s deportability, the Attorney General may order his arrest and detention. (b) Any person taken into custody may, in the discretion of the Attorney General, pending a final determination of deportability: (1) be continued in custody; (2) b…

The bond or parole may be revoked at any time by the Attorney General in his discretion and the person returned into custody under the warrant which initiated the proceedings against him and detained until final determination of the deportability. History: 1984, PL 18-52 § 2.

All persons ordered deported by the Board shall be deemed to be in the custody of the Chief of Police of American Samoa from and after the finding by the Board and may be detained by the Attorney General pursuant to 41.0610. History: 1984, PL 18-52 § 2.

(a) Any person ordered deported by the Board for remaining in American Samoa beyond the time allowed by law or the Board is prohibited from reentering American Samoa for any purpose for one year, and for five years is not eligible under the numerical limitations of chapter 03. (b…

The procedure prescribed in this chapter shall be the sole and exclusive procedure for determining deportability of any person under this chapter; provided, however, that nothing in this title is intended to deny or restrict the authority of the High Court of American Samoa to re…

Except as otherwise provided in this title, the following classes of persons not permanent residents are excluded from admission into American Samoa and are subject to deportation: (1) mentally retarded persons; (2) insane persons; (3) persons who have had one or more attacks of …

Any aliens in American Samoa, including an alien crewman, shall, upon the order of the Attorney General, be deported, who: (1) at the time of entry was within one or more of the classes of persons excludable by the law existing at the time of such entry; (2) entered American Samo…

(a) An excludable or deportable non-American Samoan may be issued permission to remain in American Samoa if it is established to the satisfaction of the Board that he or she is a spouse of a person lawfully admitted for permanent residency, or that he or she is a child (including…

Any person who, for the purpose of obtaining for himself or for any other person or of assisting any other person to obtain any permit, exemption or other advantage under this title, or, with intent to deceive any immigration officer, makes any oral declaration or makes or causes…

Any person who, otherwise than with the authority of the Attorney General alters, or knowingly defaces, any permit made under or in pursuance of the provisions of this title or any official or certified copy of any such permit shall upon conviction be guilty of a class A misdemea…

Any person who resists, hinders or obstructs any immigration officer or other or person in the lawful execution of his duty or powers under this title, or knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or ex…

Any person who unlawfully uses or without lawful authority has in his possession any forged or unlawfully altered birth certificate, marriage certificate or other document purporting to establish age, status or identity, or knowingly uses or has in his possession any unlawfully i…

Any person who harbors or assists any person whom he knows or has reasonable cause to believe to be a person whose presence in American Samoa is unlawful shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly. History: 1984, PL 18-52 § 2.

Any person who refuses or fails to comply with any notice issued to him under the provisions of this title or any rules made hereunder with which he is required by this title or such rules to comply, shall upon conviction be guilty of a class A misdemeanor and sentenced according…

Any person violating any provision of this title the violation of which is not specifically provided for by this title shall upon conviction be guilty of a class B misdemeanor and sentenced accordingly. History: 1984, PL 18-52 § 2.

(a) A person commits the crime of illegal presence if he is present in American Samoa knowingly in violation of the immigration laws of American Samoa. (b) Illegal presence is a class A misdemeanor. History: 1985, PL 19-14 § 1.

(a) A person commits the crime of stowing away if he conceals himself on Board any vessel or aircraft in order to obtain unauthorized passage from or to American Samoa to or from any other port or place. (b) Stowing away is a class C felony. History: 1985, PL 19-14 § 2.

As used in this chapter, unless the context clearly indicates otherwise: (a) “Foreign Investment” means the investment made by a foreign investor in an enterprise in American Samoa pursuant to a certificate of foreign investment issued by the director. (b) “Foreign Investor” mean…

(a) An applicant for a foreign investor entry permit shall provide to the Attorney General: (1) a non-refundable application fee of $500 (five hundred U.S. dollars) for an accepted participant in an enterprise granted a certificate of foreign investment, which includes the spouse…

(a) Notwithstanding any other law, the Attorney General or his designee may issue a foreign investor entry permit to any foreign investor, the spouse and two dependent children in his family as defined in section 41.0801(f): (1) who presents to the Attorney General current proof …

(a) Upon written notification from the director that the certificate of foreign investment has been revoked or the foreign investment enterprise has ceased business of has been transferred to new owners who will seek foreign investment entry permits, the Attorney General may revo…

(a) Every person who enters the Territory under this chapter is excluded from applying for admission under any other preference or for permanent residence, regardless of such person’s eligibility for admission, for as long as such person holds or is named on a foreign investment …

(a) The Attorney General may promulgate rules and prescribe regulations pursuant to the Administrative Procedures Act, 41.1001 et seq., to carry out the provisions of this chapter. History: 1988, PL 20-56; 1988, PL 20-80.

As used in this chapter, unless the context clearly indicates otherwise: (a) “Affiant” means a person who attests to, or signs an affidavit. (b) “Affidavit” means a written statement which is authorized or required by law, attested to or signed by the affiant, and submitted in su…

The Attorney General of American Samoa is authorized to issue guest worker permits, subject to the requirements of this chapter, for the purpose of entry of persons of Samoan ancestry born in the Independent State of Samoa into American Samoa for purposes of employment by either …

(1) Must be at least 19 years old, and no older than 45 years, at the time the application is presented to the Attorney General; (2) Must be a person of Samoan ancestry born in the Independent State of Samoa; (3) Must not have been convicted anywhere of any crime, whether a misde…

(a) In addition to the requirement of section 41.0903(4) above, guest worker must provide a signed affidavit, with himself/herself as the affiant, that he/she is of good health, fit for work, not pregnant, in cases of females, and is free from any sexually transmitted disease, ma…

(a) Each guest worker permit issued by the Attorney General shall be valid for one year from the date it was issued, and shall entitle the guest worker to multiple entries into American Samoa for the purpose for which it was issued. (b) Each permit may be renewed for an additiona…

For purposes of this chapter, neither the sponsor nor the guest worker applicant shall be required to post a bond, either monetary or otherwise, or post security of any kind as a requirement for the issuance of a guest worker permit. However, the sponsor is responsible for all ex…

(a) Each application for a guest worker permit shall be supported by an affidavit from a host stating his/her ability and willingness to provide housing and lodging facilities for a guest worker during his/her stay in American Samoa, and shall declare whether he provides these ac…

Each person who is granted a guest worker permit may enter American Samoa with only a one-way ticket from his point of origin. History: 2007, PL 30-7.

Guest worker permits may be issued only upon the satisfaction of the following requirements: (1) That the sponsor presents a completed application for each guest worker to the Attorney General with a certification that it is unable to meet its employment requirements with individ…

(a) Each guest worker who is issued a permit shall be employed by the sponsor within two weeks of arrival after first complying with the employment laws of American Samoa and those of the federal government which are applicable to American Samoa, and shall continue to be employed…

The Governor of American Samoa is granted the authority to place a moratorium on the issuance of guest worker permits upon his/her determination that any of the following has occurred: (a) There are sufficient willing individuals in American Samoa to fill the vacancies certified …

(a) Each person who is granted permission to enter American Samoa on a guest worker permit is not entitled to inclusion of his/her immediate relatives for sponsorship under the guest worker permit. (b) Guest workers shall not become eligible for residence status in American Samoa…

authorization. (a) In order to meet the guest worker permit requirements, and at the same time maintain the population at current levels, amnesty is hereby granted to nationals of the Independent State of Samoa of Samoan ancestry residing in American Samoa without proper authoriz…

Because it is the intent of this law to provide a more efficient and expeditious means of providing necessary workers for the two canneries and call center, guest worker permits do not require the approval of the Immigration Board. History: 2007, PL 30-7.

The Attorney General is authorized and directed to utilize his/her authority under section 41.0306 to carry out and to implement the provisions of this chapter. History: 2007, PL 30-7.

The Attorney General shall adopt administrative rules pursuant to 4.1001 et seq., to implement the provisions of this chapter. History: 2007, PL 30-7.