AG’s Office changes regulation for court removal of overstayers with minor children Tuesday December 15, 2009
By Samoa News Staff fili@samoanews.com

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District Court John Ward II says the court will be no longer have to delay the removal from American Samoa of any foreigner, who is not legally in the territory, even if that person has children born in American Samoa, because of a change in regulation from the Attorney General’s Office.

Ward announced the change recently when reviewing the government’s case against Eseti Time, accused of public peace disturbance on Dec. 4.

According to the judge, local and federal laws allow children to be with their parents until a guardian is appointed for the minor children. However, the change from the AG’s Office now provides for the court to order an overstayer to leave the territory along with their minor children. The children can return to the territory when they become of legal age or the parent becomes a legal resident.

It was revealed during court proceedings that Time was sponsored by COS Samoa Packing, but it was not clear if he was under the guest worker permit law. (COS packing officially shutdown cannery operations on Sept. 30.)

Ward says that in the past if a foreigner is accused of a crime and is later found residing in the territory illegally, the matter of minor children born in the territory had to be resolved first, since they are U.S. nationals. He said this has delayed the final disposition of such cases.

He says the court has also given chances to these foreigners because of their America Samoan born children. Ward notes the change is to protect the safety of the children by ensuring they remain with their parents.

Assistant Attorney General Mandy Burkett told the court that this change does not affect everyone; just those individuals who are illegally living in the territory. She also said that Time is the only living parent for the children and the defendant should return to Samoa with his children.

Sentencing was then held last Friday where the court accepted the plea agreement for Time to return to Samoa for one year and the charge against him was dismissed.

Time accepted the recommendation to return to Samoa with his minor American Samoan children and to remain outside of the territory for one year.
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Comments to this story (21)
UA A LAIA?  wrote:
19 Dec 2009 02:52 AM
IF ONLY TYHE IMMIGRATION DID THEIR WORK IN ENFORCING AND TRACKING DOWN THE ILLEGAL OVER-STAYERS, THIS MESS WITH CHIRLDREN BORN IN A.S WILL NOT HAPPEN. WAKE UP AMERIKA SAMOA; ONE OF THESE DAYS A CHILD BORN TO ILLEGAL RESIDENTS OF AMERIKA SAMOA WILL BECOME A KOVANA. GOOD LUCK WITH THE DEPORT PROGRAM!!!
Ma'afe'e  wrote:
18 Dec 2009 04:37 AM
The co-sponsor must be fined for breaking the law, and deport the illegal convict to his homeland. Suprisingly, if the children were born in American Samoa, where is the mother or the mother's family? However, the children are U.S. National, and they should come and go as they please to American Samoa. Good-Luck!
Manukan for life  wrote:
17 Dec 2009 09:57 PM
The kids can derive citizenship or dual citizenship with the parent’s home country. They still have that option through their parents. I'm sure they look at all aspects of the law before they implemented into law. American Samoa has a one parent law, just like every country on this earth. Stop whinnying, it’s not the end of the world. Law of the land prevails, tofa laia.
Not fooled, not even a little  wrote:
17 Dec 2009 11:50 AM
What happens to these U.S. National kids when they get to their parent's home country? They probably enter the parent's country (like Samoa or Tonga) on some sort of tourist visa and then after 30 or 60 days become illegal aliens in that country. There is NOTHING to stop the parent's country from deporting the children back to American Samoa. But, for the sake of argument, let's say that doesn't happen right away. Well then if the parent cannot afford to change the child's immigration status (which they probably can't, if they're COS employees who were "left behind" when the rapture took their company and carried it away to Georgia), the kid probably cannot enroll in school or participate in any government social programs. So the kid stays home, never becomes literate, learns a trade or acquires any employable skill, probably later gets into trouble with the law, and gets brought before a court where it is discovered that he is an illegal alien! Then he gets deported from Samoa or Tonga back to American Samoa, since this is the only place where he has a valid legal status. Way to think of the children Judge Ward and the AG's Office. Setting up juvenile U.S. Nationals, who have rights, privileges and liberties in American Samoa and the U.S. to become 2nd class citizens in a 3rd world country until they're deported back to American Samoa as convicted criminals is a great idea! By the time we really see the results of this wonderful plan, the AAG on the case will have long since moved back to Nebraska or Colorado or whereever she came from and Judge Ward will be retired. I see no way that such a utter lack of foresight could be more myopic.
TB  wrote:
17 Dec 2009 08:57 AM
We're all Alien in this earth,we're only here to do our time.We dont own this planet so be thankful & count your blessing you're live and breath each day.
Manukan for life  wrote:
17 Dec 2009 08:41 AM
Federal law is the same law American Samoa is trying to enforce. Same situation in the U.S. with illegal mexican parents, U.S. citizen born children suppose to be together with their parents. Thats the nature of life, i don't want my kids to be raise by someone else. when they are old enough, they can always petition for their parents to come and live in A.S or the U.S. But for criminals banned them for life, theres no place in our community for these scumbags. But for law abiding immigrants, su'e le manuia aua le lumana'i ole fanau. Tofa soifua.
One problem with this...  wrote:
17 Dec 2009 06:06 AM
it is not legal. If you're a US National, you CANNOT be made to leave the country. Not only is this not legal under local law, but also under federal and international law. Nice job AG; way to not have a clue.
Pusaleumuetaoaipassportpepelo  wrote:
16 Dec 2009 11:51 PM

Any alien should've NEVER-EVER enter Ameican Samoa after stealing a popcorn or pi on the sidewalk,PERIOD..Replace one year to FOR-LIFE.Even if they even have children born in American Samoa.YEP..Who asked them to come here anyways? Fono should've limited one alien per sponsor.NO way you can sponsor a second alien,unless your first one leave American Samoa for good.Ea? E ese fo'i le minaia o Apio,Nukualu ma Manilo,ah? TOSO LE TATOU PA-people.
sam  wrote:
16 Dec 2009 05:13 PM
The children pay the price for the sins of the parents as the saying goes. If the parents knowingly commited a crime against the laws of American Samoa, than the children will suffer. However, using the children as a defense of a crime is a crime in it self. Now the children are conspiring with the parents to sheild the crime that the parents committed against the ASG government. Yes, families can be together through thick and thin as long as it is within the law.
TAMA FALEFA I Ft. Benning, GA  wrote:
16 Dec 2009 10:40 AM
Ia malo lava, ua tatau ona faasa le alii lea na solitulafono mo lona olaga atoa, ae ave le avanoa mo tagata la'e e omai sue se manuia aua le lumanai o aiga, ia masalo ua galo i le alii faamasino sili e faamuamua le atua, i le taimi na fai ai lana filifiliga.. ia si tama na o SAMOAN STUDENT IN HILO, kalofa'e lou le alofa, alu e sue lou gafa pe mata e ke kau i SAMOA I SISIFO...... AUA E KE FIA MANU SAMOA FUA PE A LEAI SO KOU MANU.....LOL... MA LE AVA LAVA SOIFUA....
BYE BYE OVER STAYERS  wrote:
16 Dec 2009 10:17 AM
thank god. im glad that this is the case. now lets see. look, i've lived long enough to hear it when we all travel to Samoa. i used to love mixing it up with my neighboring island, until i got wind of all the comment that they say over and over, like its some big joke, its like THEY are the only samoans. they look down on american samoans. they say that we cant accomplish anything with out help frim them, etc. well, heres your chance to all go home, and talk your mouths off. i love apia, but youall act like your better than us. plus, you'll be surprise how many people from Upolu are just drinking the milk and honey of TUTUILA, AMERICAN SAMOA!!!!!
S.L ALASKA  wrote:
16 Dec 2009 09:30 AM
we are can forgive and forget,yes we have same color and blood, when jesus died and went back to heaven, he left something to all of us,ia outou nonofo fealofani, we should do what he told us to do, good luck "GOD BLESS SAMOA."
Anonymous  wrote:
16 Dec 2009 08:37 AM
If you keep up with the political climate in Samoa you may want to rethink that it is a better place to live let alone holds onto cultural traditions. Change is moving fast in Samoa and it seems that it is not all for the better. As for holding onto traditions, that too is changing to the point that everything has a dollar value. Though this new law will send an offender back to Samoa, there really is no guarantee that this person will be allowed to return, right? So let's be glad that families will be together through thick and thin.
Anonymous  wrote:
16 Dec 2009 07:24 AM
Why can't this guy serve the time since he did do the crime...The children should be able to stay with their family in American Samoa as long as they or their families would let them. Dismissing the case and sending him back to Samoa sends a message out to everyone else illegally in the territory to just commit crime and we'll go back home and return in a year or two...He did the Crime in American Samoa so he should do the TIME in American Samoa. We are just pawning off our problems to someone else. way to work together...last time I checked we were all samoans...
We All Fam Bam  wrote:
16 Dec 2009 07:04 AM
American Samoa has the luxury of being a US Territory. Even with all the benefits the US has to offer American Samoa, Samoa is still a more beautiful nation that holds onto traditions of the Samoan People. We should not talk about segregation or sending people back to Samoa, because their blood is our blood. We are one in the same. I am positive that every Samoan has ties in both territories. Remember, Muamua le Atua!!!
Suffer not the Children  wrote:
16 Dec 2009 03:44 AM
Its not their fault, family must come to their side in need. We must be tender, in truth when we take on this reponsibility of caring for relatives children. Treat them as your own, you must for God is watching.
sam  wrote:
16 Dec 2009 12:34 AM
Anonymous, you should be thankful because if you were born in your mothers home land of Upolu, you would not have a good life as you have now enjoy as a US National. The children pay the price for the sins of the parents as the saying goes. If you live if Upolu you might not have a life.
Slap on the wrist?  wrote:
15 Dec 2009 09:46 PM
Oh wow...only one year back where this guy legally belongs and then what? back to American Samoa where he can cause more trouble? That is way too lenient of a sentence. I cant believe that the charges were also dismissed. Time for some new judges who will actually enforce the laws and not candy-coat everything. Judge Ward needs to be banned for a year into a real court house.
Anonymous  wrote:
15 Dec 2009 04:44 PM
I am very please with the changes. I feel so sorry for the children but they too have to pay the price for their parents mistakes. Well, wish them peace and harmonys. I was born in Pago to my father's family in Leone and rised by my mom's family in Apia til my teenages years. Im thankful for who I am today for growing up in two special places. Samoa has a hard life but giving me alot to appreciated.
Samoan Student in Hilo  wrote:
15 Dec 2009 03:25 PM
The law is the law anonymous. Why are you whining about this certain one?
Anonymous  wrote:
15 Dec 2009 01:58 PM
I disagree with the decision from the court for these individual commiting crime and living illegally in the Territory for them to enter again after one year probation. I support the fact and thank God a conclusion made for these illegally individual not to have a waiting period to return them home. I have nothing against them. But, the LAW is THE LAW. C'mon, why make the LAW and not enforce it? Additionally, sending them for one year doesn't make any difference at all. What lesson are they going to learn from that one year? And, other cases like raping young females and they get to enter again after serving their time in their country? Sorry to say but we have nothing to gain from them. If I was to make a decision, I would NOT have them enter again for life even if they have children born in Am. Samoa.