Title 41 — Citizenship, Alienage, and Immigration

(a) The United States Congress has, when considering Organic Acts for American Samoa on several occasions, recognized the rights of the people of American Samoa to determine their political future, and in recognition of the present policy of the United States Government to develo…

(1) As used in this title unless the context requires otherwise: (a) “Alien” means all persons who are not nationals or citizens of the United States of America. “Foreign” also means all persons who are not nationals or citizens of the United States of America, and may be used in…

There is created the Immigration Board of American Samoa, consisting of 5 at-large members, who are nationals of the United States of American Samoan ancestry, appointed by the Governor with the consent and approval of the Legislature. The 5 at-large members shall serve for 5 yea…

The Board shall meet at times and places determined necessary by the chairman for conducting business of the Board. The presence of at least 3 members shall be necessary to constitute a quorum and a vote of the majority will be required to decide any issue. All members of the Boa…

The Board may: (1) hold hearings concerning the status or exclusion of any person other than American Samoans, their spouses and their children, seeking permission to enter or remain in American Samoa; the board shall create and maintain a record of all proceedings conducted befo…

The Administrative Law Judge shall have the power to review all decisions of the Immigration Board pursuant to the provisions of this title, in accordance with A.S.C.A., 4.0601, and subject to the limitations thereto. The Administrative Law Judge shall exercise all powers as pres…

The Attorney General shall be charged with the administrator and enforcement of this title and all other laws relating to the entrance, immigration, registration, and status of aliens, except insofar as this title or such laws relate to the powers, functions, and duties conferred…

(a) Whenever any person makes application for any document required for entry or residence status or otherwise attempts to enter American Samoa, the burden of proof shall be upon that person to establish his eligibility to receive the document and that he is not subject to exclus…

(a) The Trial Division of the High Court of American Samoa may review in a habeas corpus proceeding any determination of the Attorney General concerning detention, release on bond, or parole, pending decision of the deportability. (b) If the High Court finds that the Attorney Gen…

A petition for review may be filed with the Appellate Division of the High Court not later than 15 days from the date of the final decision of the Board; the action shall be brought against the Board as respondent. History: 1984, PL 18-52 § 2, amd 2004, PL 28-17.

(a) The Court may not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. In reviewing the Board’s interpretation of the evidence, its factual inferences, and its conclusions of law, the court shall give substantial weight to the B…

The filing of a petition under 41.0210 shall not stay the deportation of any person pending determination of the Court unless the court otherwise directs. History: 1984, PL 18-52 § 2, amd 2004, PL 28-17.

The Court may reverse or modify the decision of the Board, or may remand the case for further proceedings, if substantial rights of the petitioner have been prejudiced because the decision of the Board is: (1) in violation of applicable constitutional or statutory provisions; (2)…

(a) Quarterly and yearly limits. The number of aliens born in any foreign state or dependent area who may enter American Samoa to be registered shall not in any of the first three quarters of any fiscal year exceed the total of 25, and shall not in any fiscal year exceed a total …

No person shall receive any preferences or priority or be discriminated against in the issuance of a registration receipt card because of his race, sex, nationality, place of birth or place of residence, except as specifically provided for in this chapter. History: 1984, PL 18-52…

(a) Categories of preference priorities. Aliens who are subject to the numerical limitations specified in 41.0301 shall be allotted registration cards as follows: (1) in a number not to exceed 20 percent of the number specified in 41.0301 to qualified aliens who are unmarried son…

(a) It shall be the duty of every alien now or hereafter in American Samoa who is 14 years of age or older, has not been registered and photographed under this chapter, and remains in American Samoa for 30 days or longer, to apply for registration and photographing before the exp…

(a) Every person required to register or to apply for the registration of himself or another under this chapter shall submit under oath the information required for such registration. (b) Any person authorized under regulations issued by the Attorney General to register persons u…

(a) The Attorney General is authorized and directed to prepare forms for the registration and photographing of aliens. Such forms shall contain inquiries with respect to: (1) the date and place of entry of the person in American Samoa; (2) activities in which he has been and inte…

All registration and photograph records made under the provisions of this chapter shall be confidential, and shall be made available only to such persons or agencies as may be designated by the Attorney General. History: 1984, PL 18-52 § 2.

(a) Every alien required to be registered under this chapter who is within American Samoa on the first day of January of each year, shall within 30 days following such date, notify the Attorney General in writing of his current address and furnish such additional information as m…

(a) Except as provided herein, every alien in America Samoa who has been registered and photographed under this chapter shall be issued a certificate of alien registration receipt card for a period of time not to exceed 12 months, from the date of issuance, in such form and manne…

(a) Every alien 18 years of age and over shall at all times carry with him and have in his personal possession any certificate of alien registration receipt card issued to him pursuant to this chapter. (b) Any alien who fails to comply with this section shall be guilty of a class…

(a) Any alien required to apply for registration and photographing in American Samoa who willfully fails or refuses to make such application or to be photographed, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses …

(a) Any alien, and any parent or legal guardian in American Samoa of an alien, who fails to give written notice to the Attorney General as required by 41.0308 shall be guilty of a class C misdemeanor. Irrespective of whether an alien has paid the penalty provided by this section …

(a) Any person, and any parent or legal guardian of any person, who files an application for registration containing a statement known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a class A …

Any person who knowingly photographs, prints or in any other manner makes or executes any engraving, photograph, print or impression in the likeliness of any certificate of alien registration receipt card, or any colorable imitation thereof, except when and as authorized under su…

(a) The Immigration Office, within the Department of Legal Affairs, may charge certain fees in connection with applications, permits, cards and other general requirements under this title. Fees shall be submitted with any applicable formal applications or petitions prescribed in …

(a) The Immigration Board is authorized to exclude any person who does not qualify as a National of the United States, or as a spouse or child of an American Samoan, unless the person establishes to the satisfaction of the Board that: (1) he is of good moral character; (2) he off…

(a) All American Samoans are entitled to permanent residence in American Samoa. (b) Any person, who established American Samoa as his permanent residence on or before 1 January 1950, and his spouse and children, are entitled to permanent residence in American Samoa, provided they…

(a) The following persons shall be entitled to apply for permanent resident status: (1) any person who is physically and legally present in American Samoa for a continuous period of at least 20 years and of good moral character; “continuous period” means uninterrupted residence i…

(a) Each person other than American Samoans desiring permanent residence status must file an application with the Attorney General on forms prescribed by the Attorney General. (b) The Attorney General shall review all applications for permanent residence in order of date of appli…

(a) Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without authorization from the Attorney General. (b) The Attorney General may revoke the permanent resident status of any non-American Samoan permanent resident …

(a) Children legally adopted by American Samoans shall have the same rights as American Samoans under the immigration laws, provided: (1) the child was lawfully admitted and is residing in American Samoa with his adopted parent or parents; and (2) the child is 12 years of age or …

(a) When any person ceases to hold the professional, business, employment, matrimonial or other status which entitled him under the provisions of this title or the rules of the Board to enter or remain in American Samoa, he shall for the purposes of this title, be deemed to be a …

(a) Every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor. (b) The following persons are eligible to act as sponsor: (1) all American Samoans, and nationals of the United States; (2) any partnership or corporation authori…

(a) The Attorney General or his designee, at his discretion, may issue to individual applicants for a certificate of foreign investment pursuant to section 27.2301 et seq., special entry permits. These permits allow unrestricted access into and departure from the Territory for a …

(a) No person may knowingly employ any alien without written approval of the Board before the person commences work. (b) No alien may seek employment or become employed without prior written approval of the Board. (c) If after a hearing the Board finds that any person has been gu…

(a) No person may enter American Samoa from any place outside American Samoa except at a port of entry. (b) Although the only authorized ports of entry into American Samoa are the port facilities at Fagatogo, and the Pago Pago International Airport, the Board may designate other …

(a) No person may enter American Samoa unless he complies with the following requirements: (1) A national of the United States shall have a valid passport, travel document, or a certified birth certificate to demonstrate citizenship and have in his possession either: (A) a round …

The master or pilot of every vessel or plane arriving in American Samoa from a port outside of American Samoa shall, upon demand of the Attorney General or the public health officer, furnish a list of passengers aboard, together with the bill of health. History: 1984, PL 18-52 § …

The agent or owner of any ship other than aircraft due to arrive in American Samoa shall give to the Immigration Office at least 24 hours advance notice of arrival. History: 1984, PL 18-52 § 2.

Any vessel or aircraft arriving or departing before or after the normal hours as established by the Attorney General shall pay for the service of all government officers required to clear the vessel or aircraft. History: 1984, PL 18-52 § 2; 2003, PL 28-7.

No person, including the owner, agent, charterer, master or commanding officer of any vessel or aircraft, may pay off or discharge any non-American Samoan crewman employed on Board a vessel or aircraft arriving in American Samoa without first having obtained consent of the Attorn…

(a) The inspection, other than the physical and mental examination, of persons seeking admission or readmission to or the privilege of passing through American Samoa shall be conducted by the Attorney General or his designee and any immigration officer, except as otherwise provid…

(a) Upon the arrival, at a port in American Samoa, of any vessel or aircraft transporting persons, the immigration officers may order a temporary removal of those persons for examination and inspection at a designated time and place to ascertain if those persons belong to any cla…

(a) The Attorney General and any immigration officer may administer oaths and take and consider evidence of or from any person concerning the privilege of any person he believes or suspects to be seeking to enter, pass through or reside in American Samoa, or concerning any matter…

(a) Any immigration officer shall have power without warrant to interrogate any alien or person believed to be an alien as to his right to be or to remain in American Samoa. (b) Any immigration officer may arrest without a warrant any alien who in his presence or view is entering…

Any immigration officer may, without a warrant, board any vessel within the Territorial waters of American Samoa and search for aliens. He may also, without a warrant, board any aircraft for the same purpose. History: 1984, PL 18-52 § 2.

Any officer or inspector of the immigration division authorized and designated under regulations prescribed by the Attorney General may conduct a search, without a warrant, of any person, and of the personal effects in the possession of any person seeking admission to American Sa…