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AG tells Senate there is good — and bad — to feds taking over immigration

Attorney General Talauega Eleasalo Ale
However, he says “I believe American Samoa’s ship is not sinking”
fili@samoanews.com

Pago Pago, AMERICAN SAMOA — The question of whether federal immigration should take control of local borders has resurfaced again, and this time it was during a Senate Judiciary Committee hearing yesterday, where there were concerns raised by senators over the high influx of foreigners — many from Asian countries — into the territory, taking over operations of many local businesses, especially stores. 

According to Attorney General Talauega Eleasalo Ale, federalization of local immigration has its positive and negative sides. He said the Immigration Office along with the Immigration Board continue to strive to protect American Samoa.

The federalization of local immigration was raised by Sen. Nuanuaolefeagaiga Saoluaga Nua during the hearing, which was called to find out from ASG witnesses why there are so many over-stayers who are only identified when cases surface in court.

Nuanuaolefeagaiga recalled that during his tenure as House Speaker several years ago, the question was raised on whether or not it's time for the feds to take over control of local borders — especially immigration.

He said the issue was raised at the time, and again in recent years, because of continued problems that have surfaced over the lack of enforcement of local immigration laws, and to prevent the influx of foreigners to the territory.

During yesterday's committee hearing, several senators wondered how immigration laws are enforced when there are so many Asians operating businesses on island. In some cases, the Asians are brought here to do unskilled work and end up operating and running the businesses.

“We are seeing a huge influx of foreigners coming here,” said Nuanuaolefeagaiga, who noted that it's not going to be long before others — from outside — will start questioning whether American Samoa can protect its own people and government from foreign influence.

The Manu’a senator asked Talauega to provide a short reply, to the question, on whether it's time for federal immigration to take over the local immigration, to protect American Samoa’s borders.

The AG said he could not provide a short response because the issue is of great importance. He did give a brief answer, saying there are both positive and negative impacts if the feds take over.

On the negative, or “not good” side, American Samoans could no longer bring “our Samoans” from neighboring Samoa, as allowed by provisions of local law. (While he didn’t elaborate, Samoa News notes for example, that the current 14-day permit is only for Samoans from Samoa, and the Guest Worker Permit law program is only for Samoans born in Samoa.)

Another negative side, said Talauega, is that “we can no longer issue the Certificate of Identity” which is the favored travel document for American Samoans.

On the positive, or “good” side, American Samoa is the only US territory not getting any financial benefits under federal immigration funds, said Talauega, adding that other US territories and the rest of the nation are protected by federal immigration under which they get financial support and assistance from the feds.

Some senators noted during the 90-minute hearing that there is a leak in the enforcement of the law, which has resulted in the ongoing, and growing problem of foreigners coming into American Samoa.

Talauega acknowledged that there are areas of the law where Immigration is faced with difficulties in carrying them out. However, he shared, “our ship is not sinking” instead “our ship continues to sail”. He said perhaps there are some small “leaks” on the ship but Immigration continues to carry out its mandate and do the job with what resources — both personnel and vehicles — are available.

He apologized to senators if Immigration's service is not up to par and within the expectation of the public; but “we still strive forward with what we have”. He noted that their work depends on the support of everyone working together.

He added that the Immigration Office, along with the Immigration Board, continue to do their job and asked for prayers to God, to bring strength so they can continue to protect American Samoa.

Samoa News will report in future editions on other issues from the hearing.

American Samoa is the only US jurisdiction that controls its own borders — both for Immigration and Customs — but recent problems surrounding the Immigration Office have prompted some in the community to think it might be wise if the federal government took over immigration for the territory.

BACKGROUND

In its 2014-2017 Economic Development Implementation Plan (EDIP), an ASG Task Force recommended exploring economic benefits of the territory as a US port of entry into the United States, saying American Samoa may benefit from the creation of more local federal jobs and rid itself of the high costs of managing its own immigration and customs by becoming a U.S. Port of Entry into the US.

Its immigration and customs costs would be assumed by the USDHS.

While Fono opposition to such an idea should be anticipated, the EDIP — released in early 2015 — suggested a Congressional study to determine the benefits, if any, for American Samoa’s future generation.

In 2010, the US Government Accountability Office, the investigative arm of the US Congress, released a 52-page report following a review of the immigration and customs offices in the territory. The report said 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.

Regarding immigration, the principal concern for American Samoa is that current enforcement practices of immigration laws have led to the potential for alien exploitation and human trafficking, and overstays by foreigners, according to the GAO report, which was the result of a request in 2009 from then-Congressman Faleomavaega and US House Committee on Natural Resources that has oversight jurisdiction of the Insular Areas.

At the time of the GAO study and release of the report, American Samoa’s anti-human trafficking law was not yet in place. It was enacted in 2014.