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41.0508 Temporary removal of persons upon arrival.

Cite as [A.S.C.A. § 41.0508]

(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 classes excluded by this Title. The temporary removal may not be considered a landing, relieve the owner of the vessel or aircraft from any obligation under this chapter which would bind the owner if the persons remained on Board.

(b) So long as the removal lasts, the owner of the vessel or aircraft shall be relieved from responsibility for the safety of the persons removed. The owner may, however, with the approval of the Attorney General, assume responsibility for the safety and well being of persons removed if he guarantees the removal to a designated place for examination and inspection. When this occurs, the removal need not be made by an immigration officer.

(c) The owner of the vessel, aircraft or transportation line shall pay all expenses of the removal to a designed place for examination and inspection. He shall also pay all expenses arising during any subsequent detention, pending a decision on the person’s eligibility to enter American Samoa and until the person is either allowed to land or to return to the care of the transportation line or to the vessel or aircraft which brought him. The expenses shall include maintenance, medical treatment in a hospital or elsewhere, burial in the event of death, and transfer to a vessel, aircraft or transportation line for deportation.

(d) No expenses incident to detention may be assessed against the owner of the vessel, aircraft or transportation line in the case of any person who arrived in possession of a valid entry permit and who is finally admitted to stay in American Samoa after the detention.

History: 1984, PL 18-52 § 2.