IMMIGRATION
Under American Samoan law, the term
"undocumented aliens" means aliens who have reached the borders of
Chairman of Immigration Board possessed capacity
to sue where suit brought on his own behalf and where suit sought to prevent
executive branch officials from usurping his powers. Chairman was real party in interest and did
not need separate, statutory authority to sue.
Vaella’a v. Sunia, 1 A.S.R.3d
88 (1997).
Chairman of Immigration Board was able to show
standing to sue for declaratory relief where he claimed that defendants had
usurped his powers by issuing amnesty to more than 2,000 previously
undocumented aliens. Plaintiff’s injury
was concrete, particularized, actual, related to the
defendants' challenged conduct and could be redressed by a favorable court
ruling. Vaella’a v. Sunia, 1 A.S.R.3d
88 (1997).
The power protect
The Immigration Board possesses jurisdiction to
issue authorizations to aliens so that they may remain in
The Attorney General is charged with the
administration and enforcement of the immigration laws except insofar as such
laws relate to the powers, functions, and duties of the Immigration Board. Vaella’a v. Sunia, 1 A.S.R.3d 88 (1997).
Where Governor
initiated amnesty program, allowing undocumented aliens to remain in territory,
such program did not effectuate the purpose
of limiting entry into American Samoa set forth in A.S.C.A. § 41.0201(b). Simply naming a program an
"amnesty" program does not bring it within the scope of the
Governor's pardoning power. The
Governor’s pardoning power is limited to granting reprieves for past offenses
and can only be exercised after an individual has been convicted. Although Governor may grant pardons, or
amnesty, after convictions for immigration violations, he isn’t empowered to
change a particular undocumented alien's immigration status. Vaella’a v. Sunia, 1 A.S.R.3d 88 (1997).
The governor's constitutional pardoning power is
expressly limited to pardons, even if that term is broadly construed to include
amnesty grants, bestowed after convictions for criminal offenses. Even when the governor properly applies his
pardoning power, the grantee's immigration status must still be approved in
compliance with the immigration laws of
The Governor is without authority to grant amnesty
to undocumented aliens under his constitutional pardoning power or by other
means. The governor can be empowered
with that authority only by constitutional amendment or by legislative
enactment. Vaella’a v. Sunia, 1 A.S.R.3d
134 (1997).
Even
assuming the Attorney General has general authority to make original decisions
on the immigration issues listed in A.S.C.A. § 41.0303, the Immigration Board
remains ultimately responsible under A.S.C.A. § 41.0205(1) for the attorney
general's decisions in these matters. Vaella’a v. Sunia, 1 A.S.R.3d 134 (1997).
Constitutional statutory authority is always
paramount to administrative rule authority. Vaella’a v. Sunia, 1 A.S.R.3d
134 (1997).
The Immigration Board does not lose either its
authority to make or responsibility for consummated decisions to grant first
authorizations to remain simply by delegating any such power to the attorney
general. Vaella’a v. Sunia, 1 A.S.R.3d 134 (1997).
The Governor is without
authority to grant amnesty to undocumented aliens, who have not been convicted
of any criminal offense related to their illegal presence in