41.0615 Excludable persons.

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 insanity;

(4) persons affected with psychopathic personality, or sexual deviation, or a mental defect;

(5) narcotic drug addicts and alcoholics;

(6) persons having any contagious disease;

(7) persons who are paupers, professional beggars, or vagrants;

(8) convicted felons;

(9) persons who have been convicted of 2 or more crimes regardless of whether the conviction was in a single trial or whether the offense has arisen from a single scheme of misconduct and regardless of whether the offense involves moral turpitude;

(10) persons who have been convicted of a crime involving moral turpitude or admit having committed such a crime, or admit committing acts which constitute the essential elements of such a crime; except persons who have committed only one such crime while under the age of 18 years unless the crime resulted in confinement in a prison or correctional institution;

(11) persons who are polygamists, practice polygamy or advocate the practice of polygamy;

(12) persons who:

(A) are prostitutes;

(B) have engaged in prostitution;

(C) are coming into American Samoa solely principally, or incidentally to engage in prostitution;

(D) directly or indirectly procure, attempt to procure or have procured. Or have attempted to procure or import persons for the purpose of prostitution or for any other immoral sexual purpose;

(E) Are or have been supported by, or have received in whole or in part, the proceeds of prostitution;

(F) Are coming into American Samoa and engaging in any other unlawful commercial vice whether or not it relates to prostitution;

(13) Persons who, in the opinion of the Board at the time of application for admission, are likely at any time to become public charges;

(14) Persons who have been previously excluded from admission or deported and who again seek admission within the time prohibited by law or regulation of the Board;

(15) stowaways;

(16) persons who seek to or have procured a visa or other documentation, or seek to enter the United States or American Samoa, by fraud or by willfully misrepresenting a material fact;

(17) except as otherwise specifically provided in this title, any person who at the time of entry into American Samoa is not in possession of a valid entry document as required by this title and rules issued by the Board;

(18) any person accompanying another person ordered to be excluded or deported and certified to be helpless from sickness or mental or physical disability or infancy, whose protection or guardianship is required by the helpless person;

(19) any person who at any time shall have knowingly and for gain encouraged, induced assisted, abetted or aided any other person to enter or try to enter American Samoa in violation of the law;

(20) persons who advocate or teach, or are members of or affiliated with any organization that advocates or teaches the overthrow by force, violence or other unconstitutional means, of the Government of the United States or the Government of American Samoa;

(21) persons who have stayed beyond the time allowed in their entry permit or granted by the Board;

(22) persons who have violated any provision of this title or regulation of the Board, in addition to any other penalty which may be imposed under any provision of the law;

(23) any person who has issued against him a valid warrant of arrest issued by competent legal authority of any country or territory of which the person is a citizen;

(24) persons who are not American Samoans and who have accepted voluntary departure in lieu of deportation, exclusion or arrest or who have been deported or excluded by the United States.

History: 1984, PL 18-52 § 2; amd 1987, PL 20-18 § 2.

Amendments: 1987 Subsection (18): replaced “and” with “or” after “excluded”.

Subsection (24): added.

Case Notes:

A person who has been “convicted of a crime involving moral turpitude committed within 5 years after any entry” is deportable; if he were outside the territory, he would be excludable as a convicted felon. A.S.C.A. §§ 41.0615(8), 41.0617(4). American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

Persons deemed deportable under the immigration statute are almost invariably deemed excludable from readmission; but in many circumstances, they be readmitted at the discretion of American Samoa’s Immigration Board and Attorney General. A.S.C.A. §§ 41.0613, 41.0615-16, 41.0617. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990)