Senate rejects ‘Power to Arrest’ legislation in closing days of session

Pago Pago, AMERICAN SAMOA — Prior to the Senate rejecting an administration bill to give the power to arrest to other departments aside from the Department of Public Safety, director Samana Semo Ve’avea wrote a letter to the Senate strongly supporting the bill.

The a bill in question was rejected by the Senate last month, despite the Lemanu- Talauega Administration presenting it as a measure that would counter the use of methamphetamine (aisa) and marijuana (mealele) in the territory.

“American Samoa is facing increasing problems involving the importation and sale of drugs; and American Samoa faces increasingly complex and specialized needs for law enforcement services in multiple departments; and the Government needs flexibility to address evolving law enforcement needs,” according to the bill.

Last month DHS director Samana wrote a letter addressed to the chairman of the Senate Public Safety Committee, Tuiagamoa Tavai expressing his support for the measure.

The bill if passed would have given Department of Homeland Security; Department of Legal Affairs; Department of Port Administration; Department of Treasury, Customs Office; Department of Corrections and Department of Search and Rescue the power to arrest.

Samana said the admin bill would serve as a strong and favorable way to expand the Power to Arrest to the American Samoa Department of Homeland Security and other select agencies within the Community of Law Enforcement and First Responders.

 “Today, more than ever, the security and welfare of our island Territory is inextricably linked to the events just beyond our shores.

 “The unimpeded flow of illicit drugs and narcotics that is eroding the cultural fabric of our communities, the vulnerabilities of our infrastructure and institutions to Cyber Security attacks, Human Trafficking, and the spread of China‘s sphere of influence in Samoa and other neighboring Pacific Island Countries, are all elements of grave concern.

 “The Department in our concerted effort to safeguard our Homeland from any and all internal and external threats to its domestic and national security, as it is our Vision to, "Prevent Terrorism and related crimes, and providing a safe and secure environment for the People o/American Samoa.”

Samana outlined background context of the current state of the territorial security landscape. 

 “In 2020, the Census for American Samoa is recorded at 49,710 residents. There are about 120 Police Officers with the Department of Public Safety. That is a ratio of 415 residents to 1 Police Officer.

 “This stark reality underscores the reality of why the Department of Homeland Security justifiably merits the Power of Arrest, to alleviate the strain on other law enforcement agencies, to expand our ability to provide federal resources and technical assistance, and leverage our own capabilities by promoting joint inter-agency cooperation.

 “As part of the Governor's strategic outlook for the Department, a concerted effort is underway to establish a Unified Monitoring Call Center for Emergency Services within the Emergency Operations Center (EOC).

 “This allows for seamless coordination of all first responders and our ability to deploy resources on time-sensitive emergencies to help preserve and save life.

 “At its root, ensuring our domestic and national security requires the Power of Arrest to defend and nurture our cultural heritage and identity of our people, our economy, and our security.”

Also it will lead and sustain cooperative agreements with strategic partners, underwritten by strong alliances, partnerships and rule of law.

The director said as the territorial coordinating officer he serves as the liaison to FEMA on all emergency planning and management response in conjunction with  the Governor’s Authorized Representative (GAR) Lt. Governor Talauega E. V Ale with the authority to deputize under exigent circumstances to support our local response to natural and man-made disasters.

And that the admin bill would give the expansion of Power of Arrest, that would complement and enhance ability to act as stewards of public trust of federal funds from potential fraud, waste and abuse.

According to the director the DHS needs to champion this legislative milestone as they will renew, reinvigorate and modernize our operability to meet the challenges of this new millennium.

As noted, the bill was rejected by the Senate last month, where senators seemed to believe that arrests should only be made by “police officers” — they’re trained for it, it’s their job.