Pago Pago, AMERICAN SAMOA — Concerns raised by senators regarding the growing number of Asians entering and working in the Territory were addressed last week during a hearing of the Public Safety & Homeland Security Committee.

Testifying before the committee were Attorney General Gwen Tauiliili-Langkilde, Chief Immigration Officer (CIO) Aliitasi Sam Soliai, and Agriculture Director Daniel Helsham.

Senate President Tuaolo Manaia Fruean expressed apprehension about the long-term implications of this trend. He highlighted that children born to these individuals automatically become U.S. nationals, making them eligible to run for positions such as the House of Representatives or even Governor. Tuaolo voiced his concern for the future of his grandchildren and great-grandchildren, fearing they might hold him accountable for allowing such changes to occur.

CIO Soliai explained that these individuals are entering the Territory under a special provision in the immigration law, which permits businesses to bring in workers under specific conditions. He noted that there is currently no cap on the number of workers that can be admitted through this clause. Soliai identified this special provision as the primary driver behind the increase in foreign workers and recommended that the Fono review and address this aspect of the law.

Attorney General Gwen Tauiliili-Langkilde provided clarification on the Immigration Law enacted in 1984 during her testimony. She explained that the law established an annual quota of five individuals from countries outside of American Samoa who are permitted entry via entry permits. Independent Samoa, however, was allotted a larger quota.

The AG further noted that the law includes an exception allowing the Immigration Board to admit individuals under "extenuating circumstances." She emphasized that the term "extenuating circumstances" has, over time, been interpreted as "special provision," even though the phrase 'special provision' does not appear in the law itself.

“It is this exception for ‘extenuating circumstances’ that has been the foundation for admitting additional individuals beyond the quota of five,” AG Tauiliili-Langkilde explained.

This is found in Section 41.0301 (d) of the American Samoa Code Annotated (ASCA) which states, "The numerical limitations established by this section shall not include aliens employed by the American Samoa Government or the United States of America, or aliens admitted and employed under chapter 09 of this Title, or other groups as further waived by Board order upon a showing of extenuating circumstances."

Tauiliili-Langkilde explained that the Immigration Board interprets "extenuating circumstances" and decides whether to approve applications.

She revealed that the Board typically approves applications if they are accompanied by copies of job vacancy advertisements that had been published in local newspapers. These advertisements serve as evidence that the vacancy was advertised locally, but either no one applied, or those who applied did not meet the qualifications.

Senate President Tuaolo raised the question of who holds the authority to interpret the law—the Attorney General's Office or the Immigration Board.

Attorney General Gwen Tauiliili-Langkilde responded by affirming that the authority to interpret the law is vested in the Attorney General's Office.

However, she acknowledged that the current practice, which allows the Immigration Board to make such decisions, has been in place for many years. She urged the Fono to take action to address this issue by tightening the "extenuating circumstances" provision, thereby closing the loophole and resolving the problem.

Senate President Tuaolo Manaia Fruean voiced his concern about Asians entering the Territory under the special provision clause and subsequently operating businesses that compete with Samoan-owned establishments, such as barber shops.

He noted that these individuals were initially granted entry under the special provision clause to perform specialized skills for the companies sponsoring them, as no local workers were available to fulfill those roles. However, many of them have since transitioned to other jobs, such as working in barber shops and massage parlors, creating competition for Samoan businesses.

Senator Togiola T.A. Tulafono delved deeper into the issue, questioning the Attorney General and Chief Immigration Officer about how this situation was allowed to develop. He also inquired whether the AG's Office was monitoring individuals admitted under the special provision clause.

Togiola further asked who served as the Immigration Board's legal counsel. AG Tauiliili-Langkilde clarified that the Board sought legal advice from her office when necessary. Senator Togiola agreed that this arrangement was appropriate, as the AG cannot simultaneously chair the Immigration Board, provide legal counsel, and enforce immigration laws.

The former governor, a lawyer by profession, elaborated that immigration in American Samoa falls outside the jurisdiction of the U.S. federal government. He explained that this unique arrangement stems from a law signed by the Governor, which was designed to safeguard the lands, customs, culture, and traditions of American Samoa.

Section 41.0201 (a) of ASCA states in part that, "The United States Congress has, when considering Organic Acts for American Samoa on several occasions, recognized the rights of the people of American Samoa to determine their political future, and in recognition of the present policy of the United States Government to develop American Samoa for American Samoans, and in furtherance of the provisions of the Constitution of American Samoa, Article I, Section 3, authorizing enactment of such legislation as may be necessary to protect the lands, customs, culture, and traditional American Samoan family organizations of persons of American Samoa ancestry....."

Senator Togiola explained that this specific provision of the law, recognized by the U.S. Congress, grants the Fono the authority to create and enact laws that may appear unconstitutional, provided their sole purpose is to protect and preserve the lands, customs, culture, and traditions of American Samoans.

He raised a question about aliens who have resided in the Territory for over 20 years and have been granted permanent residency status, asking whether they are allowed to sponsor domestic help. Chief Immigration Officer Sam Soliai clarified that permanent residents are only permitted to sponsor their spouses and children, not domestic workers.

Senator Togiola requested a report detailing the number of current permanent residents and the individuals they have sponsored, expressing his suspicion that this might be another avenue through which more aliens are entering the Territory.

The Sua senator also inquired about the origins of the 10-day entry permit. Attorney General Gwen Tauiliili-Langkilde acknowledged that the only entry permit mandated by law is the 30-day permit. She explained that the 10-day permit emerged from an agreement between the American Samoa Government under the previous administration and the Samoa Government during the Atoa O Samoa Talks.

The AG suggested that this matter be referred back to the Legislature for review and approval. Senator Togiola concurred, emphasizing that all laws, including immigration laws, fall under the sole responsibility of the Fono and require the Governor's signature before enactment.

Togiola concluded by asking the AG whether she would support a bill imposing a moratorium on the admission of certain classes of immigrants to allow the Fono to thoroughly examine the issues raised during the hearing. The AG expressed concern that such a bill might be perceived as discriminatory against specific nationalities. However, she stated that she would support a moratorium if there were a valid basis for it and encouraged the Fono to address the loophole in the special provision.

Senator Togiola agreed, emphasizing the need for the Fono to re-evaluate the "extenuating circumstances" clause that underpins the special provision. He also reminded the AG that, in his view, Section 41.0201 of the law allows the Fono to navigate a delicate balance with constitutional considerations in order to protect the values most important to the people of American Samoa ancestry.

“It’s not about color, it’s about love of our people” said Sen. Muagututi’a M. Tauoa, who recommended that Asians coming into the Territory can be stopped by just passing a law that prevents them from entering American Samoa. Their time is up, he noted, and said it’s the only way to stop further abuse of the system.