Pago Pago, AMERICAN SAMOA — Attorney General Talauega Eleasalo Ale has shared with senators some background information on the Guest Worker Permit program law, which Gov. Lolo Matalasi Moliga reactivated on Jan. 11th as StarKist Samoa encountered early this month a “severe and acute absenteeism challenge”.

But what remains unclear — and StarKist Inc. is yet to respond to Samoa News questions — is an estimate of the number of workers needed by the territory’s largest employer.

When Talauega appeared last Wednesday before a Senate Judiciary Committee hearing on immigration, Sen. Tualolo Manaia Fruean asked what requirements will be waived for StarKist Inc., under the Guest Worker Permit law, based on the governor’s communication with the cannery.

Talauega said he doesn't really understand why StarKist asked the governor, as this law has been active for some time now, and helps the canneries recruit workers under several conditions — which are made clear in the law.

He explained that if StarKist wants to bring workers under the Guest Work Permit program, they just need to submit the required application, without having to ask the governor, since the law is already in place.

He went on to say that the permit program only applies to the canneries, and workers recruited under this law, are sponsored by StarKist but the worker must make arrangements to reside with a family here.

The AG said that processing of the permit and ID card do not require going through the Immigration Board, but the application goes directly to the Attorney General’s Office. Once all of the required paperwork is in place and the request is approved, the permit is issued and the employee starts working right away.

Talauega told senators that once the worker is no longer needed, StarKist is required, under provision of the Guest Worker Permit law, to ensure that the person returns to Samoa.

Enacted a few years ago, the permit law authorizes the Attorney General “to issue guest worker permits... for the purpose of entry of persons of Samoan ancestry born in the Independent State of Samoa into American Samoa for purposes of employment by either of the two canneries or call center.”

The law defines the sponsor as an employer belonging to the canneries or call center doing business in American Samoa requesting a guest worker permit for an individual to enter American Samoa for purposes of employment by the canneries or call center.

With so many criminal cases — where the court is identifying a high number of overstayers — some local residents have questioned what measures are in place to ensure workers under this program return to Samoa upon completion of their work. There are also concerns about bringing into the territory workers with a criminal background.

The law provides seven specific requirements that a guest worker must meet in order to be issued a permit and among them, the person:

•   must be at least 19 years old, and no older than 45 years, at the time the application; 

•   must not have been convicted anywhere of any crime, whether a misdemeanor or felony, including civil infractions;

•   must not have been previously deported or excluded by the American Samoa Immigration Board or Attorney General;

•   must not have been ordered by the courts of American Samoa to remain outside the Territory of American Samoa for any amount of time.

There is also a provision of the law on the requirement for a host in American Samoa for the guest worker. Each application for a guest worker permit is to be supported by an affidavit from a host stating his/ her ability and willingness to provide housing and lodging facilities for a guest worker.

Additionally, a host or sponsor is not to require from a guest worker, through use of coercion, duress, force or threat of deportation, a portion of his/ her wage earnings over and above the agreed upon rental rate, or reasonable household expenses attributed to the guest worker, except as provided in this statute.

And when employment is terminated, the cannery must notify the AG’s Office immediately, and they are responsible for returning the person back to Samoa.

The cannery’s shortage of workers from Samoa is said to be the result of the overseas workers program of Samoa with New Zealand and Australia, with many opting for a chance to work for higher wages than Am. Samoa and possible ‘residency’ in the host countries, which American Samoa does not offer.