Chapter 05 - Control of Aliens Departing from American Samoa; Manifests: Inspections
For the purpose of this chapter:
(a) "Alien" means any person who is not an American Samoan or a citizen or national of the United States.
(b) Other words as defined in 41.0201 of this title shall serve as definition for this chapter.
(a) No person shall depart, or attempt to depart American Samoa if his/her departure would be prejudicial to the interest of American Samoa or the United States Government. Any immigration officer who knows or has reason to believe that the case of an alien in American Samoa comes within the provision of 41.0503 of this chapter shall temporarily prevent the departure of such alien from American Samoa and shall serve him/her with a written temporary order directing him/her not to depart or attempt to depart from American Samoa until notified of the revocation of the order. A stop order shall be placed on such persons so that they cannot leave by airplane, ship or boat. No stop order shall be issued against any person unless there is probable cause to arrest the person except in the case of an alien who may be the subject of a stop order for owing money to the government (ASCA 41.0513 and 11.0 103) and it is signed by an attorney working for the Attorney General.
(b) The written order temporarily preventing an alien, other than an enemy alien, from departing from American Samoa shall become final 30 days after the day or service thereof upon the alien, unless prior thereto the alien requests a hearing as hereinafter provided. At such time as the alien is served with an order temporarily preventing his/her departure from American Samoa, he/she shall be notified in writing concerning the provision of this subsection, and shall be advised of his/her rights to request a hearing as entitled thereto in 41.0504 of this chapter. In the case of an enemy alien, the written order preventing departure shall become final on the date of its service upon the alien and information shall be filed with the Secretary of State of the United States.
(c) Any alien who seeks to depart from American Samoa may be required, in the discretion of the immigration officer, to be examined under oath and to submit for official inspection all documents, articles, and other properties in his/her possession which are being removed from American Samoa upon, or in connection with, the alien's departure. The immigration officer may permit certain other persons including officials of American Samoa and the United States Government and interpreters to participate in such examination or inspection and may exclude from presence at such examination or inspection any person whose presence would not further the objectives of such examination or inspection. The immigration officer shall temporarily prevent the departure of any alien who refuses to submit to such examination or inspection and may, if necessary to the enforcement of this requirement, take possession of the person's passport or other travel documents.
41.0503 Aliens whose departure is prejudicial to the interest of American Samoa and the United States. See 8 CFR 215.3.
The departure from American Samoa of any alien within one of the following categories shall be deemed prejudicial to the interests of American Samoa and the United States:
(a) Any aliens who is in possession of, and who is believed likely to disclose to an unauthorized person, information concerning the plans, preparation, equipment, or establishment for the national defense and security of the United States;
(b) Any alien who seeks to depart from American Samoa to engage in, or who is likely to engage in, activities of any kind designed to obstruct, impede, retard, delay or counteract the effectiveness of the national defense of the United States or the measure adopted by the United States or the United Nations for the defense of any other country;
(c) Any alien who seeks to depart from American Samoa to engage in, or who is likely to engage in, activities which would obstruct, impede, retard, delay or counteract the effectiveness of any plans made or action taken by any country cooperating with the United States in measures adopted to promote the peace, defense, or safety of the United States or such other country;
(d) Any alien who seeks to depart" from American Samoa for the purposes of organizing, directing, or participating in any rebellion, insurrection, or violent uprising in or against the United States or a country allied with the United States, or of waging war against the United States or its allies, or destroying, or depriving the United State of sources of supplies or materials vital to the national defense of the United States, or to the effectiveness of the measures adopted by the United States for its defense, or for the defense of any other country allied with the United States;
(e) Any alien who is subject to registration for training and service in the Armed Forces of the United States and who fails to present a Registration Certificate (SSS Form No.2) showing that he/she has complied with his/her application to register under the universal Military Training and Service Act, as amended ;
(f) Any alien who is a fugitive from justice on account of an offense punishable in American Samoa or the United States; or
(g) Any alien who is needed in American Samoa or in the United States as a witness in, or as a party to, any criminal case under investigation or pending in a court in American Samoa or in the United States; provided, that any alien who is witness in, or party to, any criminal case pending in any criminal court proceeding may be permitted to depart from American Samoa with the consent of the prosecuting authority , unless such alien is otherwise prohibited from departing under the provisions of this chapter;
(h) Any alien who is needed in American Samoa or the United States in connection with any investigation or proceeding being, or soon to be, conducted by any official, executive, legislative, or judicial agency in America Samoa or in the United States or by any governmental committee, board, bureau, commission, or body in American Samoa or in the United States, whether national, state, territorial, or local;
(i) Any alien whose technical or scientific training and knowledge might be utilized by an enemy or a potential enemy of the United States to undermine and defeat the military in defense of the operation of the United States or any nation cooperating with the United States in the interest of collective security;
(j) Any alien, where doubt exists whether such alien is departing or seeking to depart from American Samoa voluntarily except an alien who is departing or seeking to depart subject to an order issued in extradition, exclusion, or deportation proceeding.
(k) Any alien whose case does not fall within any of the categories described in subsections (a) to (j), inclusive, of this section, but which involves circumstances of a similar character or the owing of money to the American Samoa Government rendering the alien's departure prejudicial to the interest of American Samoa or the United States Government.
(a) Any alien, other than an enemy alien whose departure has been temporarily prevented under the provision of 41.0502 of this chapter , may, within 15 days of the service upon him/her of the written order temporarily preventing departure, request a hearing before the board. The alien's request for hearing shall be made in writing and shall be addressed to the chair of the board. If the alien's request for hearing is timely made, the immigration officer shall schedule a hearing for the board, and notice of such hearing shall be given to the alien. Notice of hearing shall, as specifically as security considerations permit, inform the alien of the nature of the case against him/her, shall fix the time and place of the hearing, and shall inform the alien of his/her right to be represented, at no expense to the government, by counsel of his/her own choosing.
(b) Every alien for whom a hearing has been scheduled under subsection (a) of this section shall be entitled:
(1) to appear in person before the immigration board ;
(2) to be represented by counsel of his/her own choice at no expense to the government;
(3) to have the opportunity to be heard and to present evidence;
(4) to cross examine the witnesses who appear at the hearing, except, that if, in the course of the examination, a witness may divulge information of a confidential or security nature, the board may, in its discretion, preclude further examination of the witness with respect to such matters;
(5) to examine any evidence in possession of the government which is to be considered in the disposition of the case: provided, that such evidence is not of a confidential or security nature. the disclosure of which would be prejudicial to the interest of the United States;
(6) to have the time and opportunity to produce evidence and witnesses on his/her own behalf; and
(7) to reasonable continuances upon request for good cause shown.
(c) The board shall have the authority to:
(1) administer oaths and affirmations;
(2) present and receive evidence;
(3) interrogate, examine, and cross-examine under oath or affirmation both the alien and witnesses;
(4) rule upon all objections to the introduction of evidence or motions made during the course of a hearing;
(5) take or cause depositions to be taken;
(6) issues subpoenas;
(7) take any further action consistent with applicable provisions of law, executive orders, and rules.
(a) The hearing before the board shall be conducted in accordance with the following procedures:
(1) The board shall advise the alien of the rights and privileges accorded to him/her under the provisions of 41.0505 of this chapter.
(2) The board shall enter the record:
(A) a copy of the order served upon the alien temporarily preventing his departure from American Samoa; and
(B) a copy of the notice of hearing furnished the alien.
(3) The alien shall be interrogated by the board as to the matters considered pertinent to the proceedings, with opportunity reserved to the alien to testify thereafter in his/her own behalf, if he/she so chooses.
(4) The board shall receive on behalf of the government such evidence, including the testimony of witnesses in the certificates or written statements of government officials or other persons, as may be necessary and available. In the event such certificates or statements are received in evidence, the alien may request and, in discretion of the board, be given an opportunity to interrogate such official or person, by deposition or otherwise, at a time and place and in a manner fixed by the board; provided, that when in the judgment of the board any evidence relative to the disposition of the case is either a confidential or security nature the disclosure of which would be prejudicial to the interest of the United States, such evidence shall not be presented at the hearing but shall be taken into consideration in arriving at a decision in the case.
(5) The alien may present such additional evidence, including the testimony of witnesses, as is pertinent and available.
(b) Following the completion of the hearing, the board shall make and render a decision in the case, which shall be governed by and based upon the evidence presented at the hearing and any evidence of a confidential or security nature which the government may have in its possession. The decision of the board shall decide :
(1) That the temporary order preventing the departure of the alien from American Samoa be made final; or
(2) That the temporary order preventing the departure of the alien from American Samoa be revoked;
(3) This decision shall be made in writing and shall set forth the board's reasons for such decision. The alien concerned shall at his/her request be furnished a copy of the decision of the board.
Notwithstanding any other provision of this chapter, the United States Administrator of the Bureau of Security and Counselor Affairs referred to in Section 104(b ) of the Immigration and Naturalization Act of the United States, or such other officers of the Department of State as he/she may designate, after consultation with the Immigration and Naturalization Service of the United States may at any time permit the departure of an individual alien or a group of aliens from American Samoa if he/she determines that such action would be in the national interest. If the Administrator specifically requests the Attorney General of American Samoa to prevent the departure of a particular alien or a group of aliens, the Attorney General shall not permit departure of said alien or aliens until he/she has consulted with the Administrator.
In any case arising in the national interest or the national security for the United States Government, the Administrator shall, at his/her request be kept advised by, in as much detail as he/she may indicate is necessary, of the facts and of any action taken or proposed.
(a) Vessels. The captain, master or agent of every vessel or aircraft arriving in American Samoa from a foreign place or from the United States must present a manifest of all alien passengers on board to the immigration officer at the first port of arrival. A complete roster of all passengers that embark at each port en route towards American Samoa shall be presented by the captain, master or agent to the immigration officer at the first port of arrival in American Samoa. Each passenger on any vessel or aircraft shall fill out an arrival departure cards as required by the immigration office. An arrival departure cards is not required by the immigration office. An arrival-departure card is not required for an arrival, through flight passenger at an American Samoa port for which he/she will depart directly to a foreign country or the United States on the same flight; provided, the number of such through-flight passengers is noted on the manifest and such passenger remains during the ground time in a separate area under the direction and control of immigration officers.
(b) Deferred Inspection. When inspection of an arriving passenger is deferred at the request of the carrier to another port of debarkation, the manifest relating to any such passengers shall be returned for presentation by the captain, master, or agent at the port where inspection is to be conducted.
The captain, master or agent of every vessel and aircraft departing from American Samoa for a foreign place or the United States must present a manifest of all alien passengers on board to the immigration officer at the port of departure. Captain's manifest shall set forth each port of disembarkation and the number of passengers (including aliens, United States citizens and nationals) destined thereto which shall be submitted by the carrier to the immigration officer at the last port of departure in American Samoa.
When an immigration officer has reasonable grounds for believing the person arriving in American Samoa should be detained for reasons specified in 41.0615(1), (2), (3), (5), (6), or (18) of the Act, he/she shall after consultation with the public health officers of American Samoa at the port of entry , notify the captain, master or agent of the arriving vessel or aircraft of the intention to effect such detention on board the arriving vessel, another vessel of the same transportation line, at the airport of arrival, or any other suitable place of detention. Such notice shall indicate tile name of the persons to be detained, the place of detention and reasons therefor. If the master or agent desires to assume responsibility during removal and detention, he/she shall so request the immigration officer, and if granted, shall execute an agreement to assume such responsibility. Following determination of admissibility. the immigration officer will ascertain the assessable detention expenses and bill or reimburse the captain, master or agent.
When an immigration officer at the port of entry has reasonable grounds for believing that it would facilitate the inspection of persons arriving in American Samoa, if they were temporarily removed, he/she shall notify the captain, master or agent of the arriving vessel or aircraft of his/her intention to effect their removal for examination. Such notice shall indicate the names of the persons to be removed, the place to which they shall be removed, and the reasons therefor. If the captain, master or agent desires to assume responsibility during removal and detention, he/she shall so request the immigration officer at the port of entry and, if granted, shall execute an agreement to assume such responsibility. Following determination of admissibility, the immigration officer will ascertain the assessable detention expenses and bill or reimburse the captain, master or agent.
(a) General. Application to enter American Samoa shall be made in person to an immigration officer at a port of entry at a time when an immigration officer at the port is open for inspection.
(b) United States Citizens. Nationals and American Samoans. A person claiming to be a United States citizen, a national or American Samoan must establish that fact to the examining immigration officer's satisfaction and must present a U.S. passport or a certified birth certificate or other travel document. If such an applicant for admission fails to satisfy the examining immigration officer that he/she is a U.S. citizen, a national or American Samoan, he/ she shall thereafter be inspected as an alien. A driver's license shall not be considered a valid travel document.
(c) Alien Members of the United States Armed Forces and Members of a NATO Country. Any alien member of the United States Armed Forces who is in the uniform of, or bears documents identifying him/her as a member of, such Armed Forces, and who is coming to or departing from American Samoa under official orders or permit of such Armed Forces is not subject to the exclusion provisions of the Act. A member of the force of a NATO country signatory to Article III of the Status of Forces Agreement seeking to enter American Samoa under official orders is exempt from the control provisions of the Act. Any alien who is a member of either of the foregoing classes may, upon request, be inspected under the provisions of the Act, and his/her entry as an alien may be recorded. If the alien does not appear to the examining immigration officer to be clearly and beyond a doubt entitled to enter American Samoa under the provisions of the Act, the alien shall be so informed and his/her entry shall not be recorded.
(d) Qualifications for Aliens. The following general qualifications and requirements shall be met by each alien seeking to enter American Samoa for permanent, indefinite, or temporary stay, and regardless of the purpose for which he/she seeks to enter: q( I) He/she shall present whatever documents are required and shall establish to the satisfaction of the immigration officer that he/she is not subject to exclusion under the Act and is entitled under all of the applicable provisions of the immigration laws and this title to enter American Samoa.
(2) Any person, including an alien crewman on board a vessel en route to American Samoa solely for bunkering purposes or an aircraft en route to American Samoa solely for refueling purposes, who does not seek to enter American Samoa, shall be regarded as not arriving for purposes of immigration.
Any immigration officer who temporarily excludes an alien under the Act shall report such action promptly to the chief immigration officer and the attorney general in writing. The immigration officer shall, if possible, take a brief sworn question and answer statement from the alien, and the alien shall be notified by personal service of the action taken and the right to make written representations. If the chief immigration officer or the Attorney General is satisfied that the alien is inadmissible to American Samoa under the Act and concludes that such inadmissibility is based on information of a confidential nature, the disclosure of which would be prejudicial to the public interest, safety, or security, he/she may deny any hearing or further hearing by the board and order such alien excluded and deported, or enter such other order in the case as he/she deems appropriate. In any other case, the chief immigration officer or the Attorney General may direct that an immigration officer shall further examine the alien as to his/her admissibility or that the alien be given a hearing before the board. If the chief immigration officer or the Attorney General directs that an alien temporarily excluded be given a hearing before the board, such hearing and all further proceedings in the case shall be conducted in accordance with provisions of 41.0506 of this chapter and other applicable sections of the Act to the same extent as though the alien had been referred to the board by the immigration officer: except that if confidential information, not previously considered in the case, is adduced supporting the exclusion of the alien under the Act, the disclosure of which, in the discretion of the board, may be prejudicial to the public interest, safety, or security, the board may again temporarily exclude the alien under the Act and further action shall be taken as provided in this section.