Pago Pago, AMERICAN SAMOA — Alarmed by the continued influx of synthetic drugs into the Territory, senators have begun questioning whether government agencies tasked with border security, customs enforcement, and criminal investigations are adequately fulfilling their responsibilities. 

Lawmakers expressed particular concern over the apparent ease with which crystal methamphetamine is being smuggled into American Samoa and distributed not only among adults but also to students, including children of elementary school age.

On Wednesday, the Senate Public Safety and Homeland Security Committee heard testimony from Homeland Security Director Vaetagaloa Glenn Lefiti, Deputy Director Esau Esau, Acting Public Safety Commissioner Tautalaso'o Moliga, Deputy Commissioner Falana'i Ta'ase Sagapolutele, and Chief Customs Officer Iuliano Falaniko.

The hearing marked the Senate's final standing committee proceeding of the Fourth Regular Session of the 39th Legislature, bringing to a close months of legislative oversight and budget review hearings before lawmakers break for the year-end recess and reconvene in January.

The hearing began with Senate President Tuaolo Manaia Fruean seeking clarification from DHS Director Vaetagaloa on the procedures followed when illegal drugs are intercepted at the territory's ports of entry.

Tuaolo asked what happens when travelers are caught attempting to smuggle illegal drugs through Pago Pago International Airport or when Customs officers discover suspected narcotics in packages processed through the U.S. Post Office. He specifically wanted to know whether such cases are handled by the Department of Public Safety (DPS) or the Department of Homeland Security (DHS).

In response, Vaetagaloa explained that all drug-related cases identified by Customs are first referred to the Office of the Attorney General for legal review.

According to the DHS director, the Attorney General's Office then determines the appropriate course of action and has instructed Homeland Security to conduct the necessary investigations. 

Once an investigation is completed, the DHS prepares a detailed report outlining its findings and submits it to the AG’s Office.

Vaetagaloa said attorneys assigned to the AG’s Office carefully review the investigative reports and supporting evidence to determine whether sufficient grounds exist to establish potential violations of territorial or federal law.

If the evidence supports criminal allegations, the AG’s Office then decides whether the case should proceed to prosecution in court.

"The process begins with a referral to the Attorney General," Vaetagaloa explained. "Our responsibility is to conduct the investigation and provide a complete report of our findings. The Attorney General's Office reviews the facts, evaluates the evidence, and determines whether criminal charges are warranted."

Senate President Tuaolo then turned his attention to the handling of evidence in drug-related investigations.

He asked DHS Director Vaetagaloa whether the Department of Homeland Security has a secure evidence room or storage facility for narcotics and other contraband seized by Customs officers at the territory's ports of entry.

Tuaolo also sought clarification on the working relationship between DHS and the DPS, asking whether the two agencies collaborate in enforcing drug laws and investigating suspected trafficking cases.

In response, Vaetagaloa explained that DHS works closely with DPS and other law enforcement agencies whenever investigations involve criminal activity or require additional manpower and expertise.

He said inter-agency cooperation is an important part of the territory's efforts to combat drug trafficking and other illegal activities, particularly in cases that involve complex investigations or potential prosecution. 

Vaetagaloa pointed out that the DHS has been working closely with the DPS and Customs officials in recent enforcement operations, including raids on locations suspected of being involved in the sale and distribution of illegal drugs.

The DHS director also outlined the department's procedures for handling evidence collected during investigations, explaining how seized narcotics and other contraband are secured and documented to preserve the integrity of potential criminal cases.

Senate President Tuaolo expressed concern over what appeared to be an overlap in responsibilities between the DHS and the DPS.

Referring to testimony presented earlier in the hearing, Tuaolo said he was struggling to understand why Homeland Security was conducting investigations that had traditionally fallen under the jurisdiction of DPS.

"It appears that Homeland Security is taking over responsibilities that have historically belonged to the Department of Public Safety," the Senate President observed. He added that the current arrangement raised questions about where the authority of one department ends and the other begins.

Seeking clarification, Tuaolo directed his questions to Acting Police Commissioner Tautalaso'o and Deputy Commissioner Falana'i, asking them to explain the circumstances that led to the apparent shift in investigative responsibilities.

DPS RESPONDS

Responding on behalf of DPS, Falana'i explained that the situation first arose in June of this year following the interception of illegal drugs by Customs officials at the Post Office.

According to Falana'i, DPS was notified of the discovery and officers were dispatched to the Post Office to begin their investigation. However, upon arriving at the scene, the officers were informed that the case had already been assigned to the DHS.

Falana'i, who was serving as Acting Commissioner at the time, said the development came as a surprise because no prior discussions had been held between DPS and DHS regarding such a change.

He told senators that he immediately sought an explanation and asked who had made the decision to transfer the case to Homeland Security.

"I was informed that the decision had been made by a prosecutor from the Attorney General's Office," Falana'i testified.

Concerned by the situation, Falana'i said he contacted the AG directly to discuss the matter. He explained that the decision appeared to have been made without consultation with DPS leadership and he wanted clarification regarding the change in procedure.

According to Falana'i, the AG denied having prior knowledge of the decision and indicated that she would speak with the prosecutor involved before getting back to him.

Falana'i said the AG later returned his call at approximately 4 p.m. and advised him to leave the matter as it stood for the time being. The AG also informed him that a meeting would be held the following day to discuss the issue and determine how similar cases would be handled going forward.

Continuing the hearing, Deputy Commissioner Falana'i told senators that when he met with the AG the following day, he emphasized that the DPS had traditionally been the agency responsible for investigating drug crimes in the Territory.

According to Falana'i, the AG explained that the decision to place drug trafficking and human trafficking investigations under the DHS was based on the agency's statutory authority to make restricted arrests. As a result, Homeland Security had been tasked with taking the lead on drug trafficking and human trafficking cases, particularly those involving illegal activities occurring at ports of entry.

Falana'i said the AG further explained that DPS would continue to play a critical role in narcotics enforcement by focusing on local drug offenses and efforts to curb the distribution and use of illegal drugs within the community.

The deputy commissioner noted that DPS remains concerned about the growing availability of illegal drugs in the Territory and the impact substance abuse is having on young people. He said the department's priority is to combat drug activity at the local level while supporting broader law enforcement efforts aimed at preventing narcotics from entering American Samoa.

The discussion then shifted to a recent case involving a suspected drug trafficker who reportedly left the Territory before charges could be filed.

Senate President Tuaolo Manaia Fruean asked Homeland Security Director Vaetagaloa Glenn Lefiti to explain what had occurred and why authorities were unable to prevent the suspect from leaving American Samoa.

Lefiti said the case began after Customs officials discovered suspected illegal drugs in a package at the Post Office that was linked to a particular individual.

According to the Homeland Security director, the department's Drug Task Force conducted an investigation and subsequently submitted its findings to the Attorney General's Office for legal review.

However, while attorneys were reviewing the investigative report, Homeland Security learned that the individual had left the Territory and traveled to the U.S. mainland.

"So what are you going to do?" Tuaolo asked.

Lefiti explained that Homeland Security currently does not have the legal authority to issue stop orders preventing individuals from departing the Territory.

"We do not have legislation that allows us to conduct that type of operation," Lefiti testified.

He said that in situations where authorities become aware that a suspect may be preparing to leave the island, Homeland Security must coordinate with the Attorney General's Office and Immigration officials, who have the authority to issue a stop order.

Nevertheless, Lefiti stressed that a suspect's departure does not automatically end an investigation.

"This case is still being investigated and can still be prosecuted," he said. "Once the Attorney General's Office issues a warrant, we will proceed accordingly."

Senate President Tuaolo Manaia Fruean then sought clarification from DPS officials on whether the department still plays any role in enforcing laws related to drug trafficking and human trafficking.

He asked Acting Commissioner Tautalaso'o Moliga and Deputy Commissioner Falana'i Ta'ase Sagapolutele whether it was true that DPS is no longer involved in investigating those offenses.

Falana'i confirmed that this is now the case.

He explained that under the current arrangement, investigations involving drug trafficking and human trafficking fall under the jurisdiction of the Department of Homeland Security. He contrasted that with the procedure previously followed by DPS when individuals were apprehended attempting to smuggle illegal drugs into the Territory.

According to Falana'i, suspects would normally be taken into police custody and detained for a specified period while investigators prepared the necessary paperwork for an arrest warrant. Once the warrant was issued, it would be served on the suspect and the criminal process would move forward.

The discussion then returned to Homeland Security Director Vaetagaloa Glenn Lefiti.

Referring to the earlier case involving a suspected drug trafficker who allegedly left American Samoa before charges were filed, Tuaolo asked whether Homeland Security has the authority to locate, apprehend, and return the individual to face prosecution.

Lefiti responded that once an arrest warrant is issued, Homeland Security can work with federal law enforcement agencies to execute the warrant and seek the suspect's return to the Territory.

"Once a warrant is issued, we can coordinate with federal authorities," Lefiti explained. "The individual can be extradited back to American Samoa."

However, he noted that carrying out such actions often depends on the availability of resources and funding.

"The challenge is finding the resources needed to do that," he said.

Tuaolo then broadened the discussion by asking both DPS and Homeland Security officials whether the Territory is adequately prepared to deal with the growing threat posed by fentanyl, the highly potent synthetic opioid that has fueled a nationwide drug crisis in the United States.

The question prompted a candid response from the Homeland Security director.

"We are not prepared," Lefiti admitted.

He explained that Homeland Security is actively evaluating what additional training, equipment, and safety measures will be needed to protect officers and other personnel who may come into contact with the dangerous substance.

"We are looking into what we need to do to better protect our staff because fentanyl is extremely destructive," Lefiti said. "Even a small exposure can be very dangerous. It's a difficult challenge, and we are looking for resources through grant funding to help us address it."

Senator Togiola T.A. Tulafono asked Homeland Security Director Vaetagaloa Glenn Lefiti to identify the specific provision of law that grants DHS the authority to enforce laws related to narcotics trafficking and human trafficking.

In response, Lefiti cited A.S.C.A. § 8.0103, which outlines the responsibilities of the Department of Homeland Security.

According to Lefiti, the statute expressly assigns DHS the responsibility to "enforce and prevent drug and human trafficking, gather intelligence concerning drug trafficking and organized crime, coordinate major criminal investigations involving narcotics, and coordinate investigative efforts and information sharing with other law enforcement agencies."

Senator Togiola T.A. Tulafono pressed Homeland Security Director Vaetagaloa Glenn Lefiti to identify the specific legal authority that allows Department of Homeland Security officers to arrest individuals caught attempting to smuggle illegal drugs into the Territory through ports of entry.

In response, Lefiti cited A.S.C.A. § 8.0111, enacted under Title 8, which outlines the authority, responsibilities, and arrest powers of designated Homeland Security police officers.

The director explained that the law authorizes the Director of Homeland Security to designate certain department employees as police officers. Once designated and properly trained, those officers are granted law enforcement powers while carrying out their official duties.

According to Lefiti, Homeland Security police officers may arrest individuals for violations of Title 13, Chapter 10 of the American Samoa Code Annotated, which governs offenses involving medicines and drugs, when such offenses are committed in the officer's presence.

Senator Togiola T.A. Tulafono argued that statistics provided by the Department of Homeland Security appeared to indicate weaknesses in the Territory's drug enforcement efforts, particularly in light of the overlapping authorities granted to various law enforcement agencies under current law.

Referring to arrest figures presented during the hearing, Togiola noted that while the Department of Public Safety continues to conduct raids resulting in the arrest of individuals involved in the sale and distribution of crystal methamphetamine within local communities, those numbers do not appear to correspond with the relatively small number of arrests made at ports of entry involving individuals attempting to smuggle drugs into the Territory.

The senator suggested that if methamphetamine continues to be widely available on the streets, then a larger number of traffickers and smugglers should be identified and apprehended before the drugs enter American Samoa.

Togiola pointed out that prior to the creation of the Department of Homeland Security and the expansion of law enforcement authority among multiple agencies, the Department of Public Safety served as the primary agency responsible for enforcing criminal laws. He questioned whether the current system of shared responsibility among DHS, Customs, DPS, and other agencies may have contributed to gaps in enforcement and accountability.

According to Togiola, the figures presented to the committee raise concerns about whether enough is being done at the Territory's ports of entry to intercept illegal drugs before they reach local communities.

He emphasized that the number of arrests resulting from DPS investigations and drug raids involving local dealers and distributors does not appear to match the number of arrests involving individuals caught bringing methamphetamine into the Territory.

Senators Magalei Logovii, Gaoteote P. Tofau, Leatualevao Asifoa, Tuana'itau M. Togiola, Ma'o F. Gogo, and Levu Iosia voiced both confusion and frustration over what they described as a change in enforcement priorities, noting that the Territory's worsening drug problem suggests that illegal substances are continuing to enter American Samoa despite ongoing interdiction efforts. 

According to figures presented by Homeland Security Director Vaetagaloa Glenn Lefiti, the Department of Homeland Security has recorded a total of 21 cases in 2026 involving matters under its jurisdiction.

Lefiti told senators that 12 of those cases have been referred to the Attorney General's Office for review and a determination on whether criminal charges should be filed. Another four cases remain under active investigation by DHS.

In addition, the department is working jointly with federal law enforcement agencies on five ongoing cases, including investigations involving the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the U.S. Department of Homeland Security.

The director further reported that three cases have already been prosecuted in the High Court by the Attorney General's Office, while two cases were unable to proceed because the suspects left the Territory before prosecution could be initiated. He clarified that these two cases occurred in 2025.

Senator Togiola argued that effective enforcement requires not only arresting street-level dealers but also identifying and prosecuting those responsible for importing illegal drugs into American Samoa, describing interdiction at ports of entry as a critical first line of defense in combating the Territory's growing drug problem.

Togiola urged the government officials to work together with the Legislature by identifying any areas that need to be improved in order to combat the spread of illegal drugs in the Territory more efficiently.

"We need your recommendations on what can be done to curb this problem that is tearing families apart and ruining the lives of our youth," Togiola said. "The drug situation in American Samoa is worsening. I have heard reports that even children in elementary school are being exposed to or involved with drugs. That should alarm all of us and raise legitimate concerns about the effectiveness of our enforcement efforts. The responsible agencies must take decisive action to address this very serious problem."