Bill to give arrest powers to DHS tabled after Senators point out the need for several amendments

Pago Page, AMERICAN SAMOA — An administration bill, which would “create new provisions for the Director of the Department of Homeland Security to designate their employees as Homeland Security Police Officers exercising powers of arrest for violations discovered while in the process of investigating drugs and human trafficking offenses,” has been tabled in the Senate pending further review.

This was the consensus reached by members of the Public Safety and Homeland Security Committee in a hearing last Wednesday where Homeland Security Director Samana Semo Veavea and Deputy Attorney General Roy J.D. Hall, Jr. testified.

Senator Togiola T. A. Tulafono emphasized that there must be a clear distinction between the duties of officers of the DPS and DHS, or basically, where each one starts and ends.

He stated that he does not support the use of the term “Police Officers” in the bill.

 “I am concerned that differences will arise with the issue of jurisdiction in the performance of your respective job descriptions,” Togiola explained. “I suggest you use the term Homeland Security Agents or Special Agents. The bill must state clearly and precisely where each department’s jurisdiction starts and ends.

 “That way, when DPS officers arrive at a crime scene and find out that it involves drugs or human trafficking, they will summon DHS officers. Otherwise, if officers from both of these departments arrive at the crime scene, we will have a ‘double police officer’ situation and everyone will be confused as to which of the two ‘police officers’ has the authority.”

The Sua senator advised that the bill must be reviewed and amended to reflect this so that there will be no conflicts in the performance of their duties.

The second concern raised by Togiola was the need for a safe facility to detain suspects that they arrest.

 “Currently, DHS has no authority to detain any prisoners at the Territorial Correctional Facility (TCF) in Tafuna,” Togiola revealed. “And by law, TCF only responds to DPS.”

Deputy AG Hall pointed out that the territory has only one prison and the intent is to use TCF as a temporary holding dock to hold the prisoners until they can be processed.

 “That too has to be authorized by law Mr. Hall,” Togiola countered. “Right now, DHS has no authority to hold any prisoners and they have no authority to hold any prisoners at TCF while investigations are carried out. If they do that, it would be a violation of civil rights and that would lead to lawsuits. So the only thing to do is to build your own holding facility.”

DHS Director Samana Veavea clarified that the proposed arrest powers in the bill applies exclusively to offenders of drugs and human trafficking cases.

He stated that he had raised the same issue of a holding facility for these offenders with government lawyers who had been working on the administration bill and various local and federal agencies they are affiliated with.

Samana said that he had been advised to secure a safe facility.

Togiola stated that the current practice of DHS referring a case to the AG’s Office simplified everything for DHS because when an arrest warrant is obtained, the court then orders that an individual be locked up at TCF. This excuses DHS from having to carry out the incarceration of that individual themselves.

He reiterated that the bill should be reviewed again and the necessary amendments be added before being voted on by the Legislature to which Counsel Hall voiced his support saying the proposed legislation needed more work.

Senator Malaepule Saite Moliga, a former senior DPS officer expressed his concern on the consequences of the bill, that is, the possible violation of people’s civil rights if DHS officers given the proposed powers of arrest do not fully understand the law.

 “The most dangerous person on the road and land, is the person given the power by law to arrest those that break the law, but does not fully understand the law,” he quoted.

Malaepule urged committee members and witnesses to consider the important issues raised by Senator Togiola in their revision of the proposed administration bill so that everyone will be spared from inconveniences when conflicts arise between DHS and the people they will detain, which will ultimately affect the government in possible lawsuits.

Senator Fonoti Tafa’ifa Aufata asked DHS Director Samana which villages were known to be sources of drugs and he revealed that they are Vaitogi, Leone, Malaeloa, Faleniu and Pava’ia’i.

Committee Chairman Senator Olo Uluao Letuli concluded the hearing suggesting the AG’s Office work with the Senate counsel to review and add the necessary amendments to the proposed bill, before resubmitting it for further review by the Senate.