House introduces bill designating DHS employees as police officers

Pago Pago, AMERICAN SAMOA — A bill was introduced in first reading in the House of Representatives yesterday July 11, 2023 that calls for the creation of new provisions for the Director of the Department of Homeland Security (DHS) to designate their own employees as Homeland Security Police Officers to exercise powers of arrest for violations discovered while in the process of investigating drug and human trafficking offenses.

In the introduction of this house bill, it stressed the increasing problems American Samoa is facing with drug sales and human trafficking offenses that warrant the need for the Department of Homeland Security to be given similar arrest powers as the Department of Public Safety officers have — but limited only to drug and human trafficking offenses.

This bill also authorizes the Director of the Department of Homeland Security to designate its employees as homeland security police officers and to enable the Department to maximize its resources and human capabilities in collaboration with other law enforcement agencies to more effectively combat the increase in crime in the Territory related to drugs and human trafficking.

The introduction of the bill went into further detail by stating that it would also give the homeland security officers authority when they have successfully completed a police officer training program as provided by local, state, federal or territory law and subject to the criminal procedures with respect to warrants and arrests set out in current law, and will ensure these officers act appropriately and safely in every situation.

Section 8.0111 in Chapter 1 of Title 8 of House Bill 38-19 laid out the authorities, responsibilities and powers of arrest of selected Homeland Security Police Officers.

The Director shall have the authority to designate certain employees of the Department of Homeland Security as police officers.

While engaged in the performance of official duties, any homeland security police officer designated under section 8.0111 may: make an arrest for offenses committed under A.S.C.A Title 13, Chapter 10 of Medicine and Drugs in the homeland security police officer’s presence, make an arrest with or without a warrant for any human trafficking offenses committed under A.S.C.A 46.5002, 46.5003, 46.5004, which covers human trafficking, human trafficking of a minor and involuntary servitude; and to make an arrest without a warrant for any violation under A.S.C.A 46.5002, 46.5003, 46.5004.

The purposes of section 8.0111 is that a homeland security police officer shall not exercise any of the powers in A.S.C.A 8.0111 unless the homeland security police officer has successfully completed a police officer training program as provided by local, state, federal, or territory law except as otherwise stated in A.S.C.A Title 8: Civil Defense in which a homeland security police officer under that same section has the same duties and responsibilities as a police officer and must abide by the procedure with respect to warrants and arrests as set forth in A.S.C.A Title 46, Chapter 8: Warrants and Arrest.

House bill 38.19 would become effective 60 days after the end of the session at which it is passed.

BACKGROUND

A similar Administration bill was rejected in the Senate in November 2022. It was one of the measures proposed by the Admin to counter the problem of illegal drugs, especially, methamphetamine (aisa) and marijuana (mealele) in the territory.

That bill, if it had been passed, would have given expanded arrest powers to other departments — not just the Department of Public Safety. The other departments include Customs, Port/ Airport security/  Search and Rescue and DHS.

The proposed bill was rejected by Senators after a hearing, where Attorney General Fainuulelei Falefatu Ala'ilima-Utu was the sole witness called to testify. It was held that the bill needed to be more thorough on certain legal aspects and needed to be rewritten.

The current bill being proposed in the House pertains only to the DHS.