Venezuelans are the fastest-growing group of Hispanics in Utah. And by a quirk in immigration paperwork, one is stranded in American Samoa. Ignacio Carlos Gomez, of West Valley City, traveled there in January for a construction job.
Now, officials won’t let him leave.
“He's stuck there on the island. He cannot work,” said Rolando Vazquez, a Florida attorney who took on the case pro bono.
Gomez lived in Utah with temporary protected status after fleeing Venezuela. In an Instagram video, he said his Venezuelan passport was expired and he didn’t have travel authorization when he flew to the territory. He thought he would be fine because his employer said American Samoa is a U.S. territory.
It’s a cautionary tale for other non-citizen residents of the United States.
Unlike Puerto Rico, Guam, the Northern Mariana Islands or the U.S. Virgin Islands, American Samoa requires visitors from the U.S. to come with a passport. The Pacific archipelago, which is closer to New Zealand than Hawaii, is considered an unincorporated territory. The islands have their own government and constitution, and American Samoans aren’t U.S. citizens; they are U.S. nationals. They are represented in Congress by a non-voting delegate.
Those in the U.S. with temporary protected status can’t leave the country without authorization from the federal government. Despite this, Gomez was allowed into the territory without issue. When he tried to leave, officials wouldn’t let him board a flight, Vazquez said.
“He has no country to back him.”
Joel Hannahs, communications director for Congresswoman Aumua Amata Coleman Radewagen, American Samoa’s delegate, said the area is unique among U.S. territories because it controls its borders.
“Because of that, a return flight back to Honolulu is treated with the same security as an international flight, requiring a valid and current passport,” he told KUER in an email.
The situation is “a first for our office,” he said, adding that “Congresswoman Amata is deeply sympathetic to this plight.”
Since before he learned about Gomez’s situation, Vazquez has warned non-citizens to be careful when they travel. “If you're going to go to a territory, consult with an immigration attorney with experience in this specific area before you leave, because something like this could happen.”
He said even traveling to Puerto Rico, which does not require a passport or travel permit, could have consequences. If a flight to the island has an emergency and diverts to the Dominican Republic, he offered as an example, that would place someone outside the U.S. and could bring legal trouble.
Vazquez doesn’t know why Gomez was allowed into American Samoa with an expired passport. He thinks it was a mistake on the part of U.S. Customs and Border Protection in Hawaii or officials in American Samoa.
“They should have known that he wasn't eligible to leave, so he should have never been allowed to enter.”
Vazquez is working to get Gomez the required paperwork to return to Utah. He’s been in contact with representatives from American Samoa and plans to reach out to the U.S. Citizenship and Immigration Services.
Macy Lipkin is a Report for America corps member who reports for KUER in northern Utah.