Because U.S. Customs and Immigration Laws Generally Do Not Apply in American Samoa, There Is Little, If Any, Interaction between American Samoa and U.S. Customs and Immigration Agencies

Because U.S. customs and immigration laws generally do not apply in  American Samoa, and because of the resulting separate authorities for  American Samoa and U.S. customs and immigration programs, American  Samoa customs and immigration agencies and officials have little, if any,  interaction with the customs or immigration programs and officials in the  United States. American Samoa Operates Its Own Customs and Immigration Programs

American Samoa operates its own customs and immigration programs,  which have separate organizational structures and functions and are based  on American Samoa laws, regulations, policies, and procedures. American  Samoa’s Customs Division, within the Department of Treasury, inspects  passengers, baggage, and cargo, and collects excise taxes. American  Samoa’s immigration program is managed by the Immigration Office and  the Immigration Board, both of which report to the Attorney General of  American Samoa. The Immigration Office is responsible for alien ID  issuance, daily immigration operations, and enforcement; while the  Immigration Board holds weekly hearings and makes decisions on issues,  such as aliens’ work authorizations and transfers of aliens’ sponsorships. American Samoa’s Immigration Office and Immigration Board Administer the Immigration Program and the Attorney General Approves the Issuance of Certificates of Identity

American Samoa’s immigration program is responsible for, among other  things, managing aliens arriving in American Samoa. U.S. and American Samoan Officials Report Concerns about American Samoa’s Operations of Its Customs and Immigration Programs, but No U.S. Agency Has Performed a Risk Assessment

U.S. and American Samoa agencies report that American Samoa’s  operations of its customs and immigration programs may pose risks to  American Samoa and the rest of the United States, but no U.S. agency has  performed a risk assessment. According to these  officials, potential risks to the government of American Samoa from its  customs operations include lost revenues and the possible aiding of  criminal activities based on allegations of inadequate enforcement. human trafficking). While these  legislative efforts would appear to address some of the concerns identified  by American Samoan and U.S. law enforcement officials, the legislation is  not final and so it is too soon to tell what impact the legislation, if passed,  will have on addressing the identified concerns. U.S. Government Officials Report a Potential Risk Is Aliens Unlawfully Gaining Entry to the Rest of the United States via American Samoa

U.S. government officials we met with representing DHS, the Department  of State, and the FBI stated that a potential risk to the United States  associated with American Samoa administering its own customs and  immigration programs is illegal immigration into the rest of the United  States as a result of travelers obtaining false documentation in American  Samoa. According to  State Department officials, while this investigation will serve to enhance  the security of the process for obtaining U.S. passports, it will not address  the reported vulnerabilities in the process for issuing CIs. Such a risk assessment could better position relevant U.S.  agencies to understand the extent of threats, vulnerabilities, and  consequences associated with the use of CIs, and better inform decisions  on which documents should continue to be used for those wishing to  travel to the rest of the United States from American Samoa. Recommendation for Executive Action

To better understand the extent and significance of the possible risks  associated with aliens in American Samoa fraudulently obtaining  documents to travel to the rest of the United States and potentially pursue  U.S. citizenship, we recommend that the Secretary of DHS, in consultation  with the Secretary of the Departments of State and the Interior, perform a  risk assessment to (1) determine the extent of the threats, vulnerabilities,  and consequences associated with aliens fraudulently obtaining CIs and  using them to travel to the rest of the United States from American Samoa:  and (2) make a determination as to whether CIs should continue to be an  acceptable identification document that establishes nationality for U.S.  nationals wishing to travel to the rest of the United States from American  Samoa.
Why GAO Did This Study

American Samoa is a U.S. insular area that operates its customs and immigration programs according to its own laws and independent of the United States. As such, U.S. agencies, such as U.S. Customs and Border Protection, have no roles in operating the customs or immigration programs in American Samoa. U.S. officials have raised questions about how American Samoa operates its customs and immigration programs, and if this introduces any risks to the security of American Samoa or the rest of the United States. GAO was asked to review American Samoa's customs and immigration programs and this report discusses (1) the operations of American Samoa's customs and immigration programs, and (2) the extent to which U.S. and American Samoa agencies have identified potential risks in American Samoa's customs and immigration programs. GAO reviewed available statutes, regulations, policies, and procedures governing American Samoa and U.S. customs and immigration programs. GAO also visited American Samoa and interviewed U.S. and American Samoan officials to obtain insights.

What GAO Found

American Samoa operates its own customs and immigration programs, which have separate organizational structures and functions and are based on local laws, regulations, policies, and procedures. Its Customs Division, within the American Samoa Department of Treasury, inspects passengers, baggage, and cargo, and collects excise taxes. The immigration program is administered by the Immigration Office and the Immigration Board, which both report to the American Samoa Attorney General. The Immigration Office is responsible for document issuance, operations, and enforcement, while the Immigration Board holds hearings to decide on issues such as alien work authorization. The Office of the Attorney General is responsible for, among other things, issuing Certificates of Identity (CI), which American Samoans may use to demonstrate their nationality when traveling to the rest of the United States. American Samoa and U.S. government agencies report that American Samoa's operations of its customs and immigration programs may pose risks to American Samoa and the rest of the United States, but U.S. agencies have not conducted a risk assessment. Regarding customs, potential risks to American Samoa are lost revenues and the possible aiding of criminal activities. While the Customs Division has written policies and procedures to govern duties and responsibilities, American Samoa and U.S. law enforcement officials are concerned that American Samoa Customs officials have accepted bribes for improperly inspecting containers, which could result in lost tax revenues. American Samoan and U.S. officials have identified no concerns to the rest of the United States from American Samoa's operations of its customs program. Regarding immigration, the principal concern to American Samoa is that current enforcement practices of immigration laws have led to the potential for alien exploitation and human trafficking. The American Samoa legislature is proposing changes that may address these issues, but it is too soon to tell what impact these changes, if passed, will have. U.S. officials state that the potential risk to the rest of the United States from American Samoa's current immigration operations is illegal immigration into the rest of the United States as a result of travelers obtaining false documentation, such as a CI, in American Samoa. While Department of State officials are aware of allegations of illegal immigration from aliens fraudulently obtaining CIs, and are working with law enforcement officials in American Samoa on an ongoing investigation into such allegations, this investigation will address the security of the process for obtaining U.S. passports and will not address the reported vulnerabilities in the process for issuing CIs. U.S. agencies have not performeda risk assessment to determine the threat, vulnerabilities, and consequences associated with aliens using false documents to travel to the rest of the United States from American Samoa. Performing a risk assessment could better position U.S. agencies to understand the extent of threats, vulnerabilities, and consequences associated with the use of CIs, and better inform decisions on which documents would be considered acceptable for those wishing to travel to the rest of the United States from American Samoa.