Pago Pago, AMERICAN SAMOA — Legislation seeking to temporarily suspend the use of a controversial provision of American Samoa's immigration law remained stalled in the House of Representatives as the 39th Legislature closed on September 30, the end of the fiscal year. Now lawmakers may not revisit the issue until the Fono reconvenes in January.

The administration measure calls for a 12-month moratorium on the Special Provision clause, a section of immigration law that allows the Immigration Board to admit foreign nationals into the territory outside the numerical limitations established by statute.

Although the House held a public hearing on the proposal in August, the bill was not reported out of committee for further consideration. As a result, no House vote was scheduled, leaving the measure in legislative limbo despite its approval by the Senate earlier this year.

The Special Provision has long served as an exception to the territory's immigration quotas, allowing employers to petition the Immigration Board directly for additional foreign workers when they claim local workers are unavailable. Supporters argue that the provision helps businesses fill workforce shortages, while critics contend that it has gradually expanded beyond its original purpose.

During Senate hearings on the administration bill, Senator Togiola T.A. Tulafono expressed concern that some employers have been using the provision to bring in workers from their countries of origin even for positions that could be filled locally.

Togiola alleged that some business owners were using the system to sponsor relatives and acquaintances under the Special Provision, contributing to a steady increase in the number of foreign workers employed in occupations traditionally available to local residents.

He pointed specifically to positions such as cashiers, stock clerks, receptionists, and other entry-level jobs that generally do not require specialized professional training or certification. According to Togiola, such opportunities should primarily benefit American Samoa's workforce.

Concerns about the scope of the Special Provision were reinforced during a second Senate hearing in August, where lawmakers were presented with data showing that 3,489 foreign workers are currently employed in the territory under the program.

According to figures provided to the committee, 3,092 workers are employed in the private sector, while 397 work for the American Samoa Government.

The largest group of workers admitted under the provision comes from the Philippines, with 1,029 employees. They are followed by Samoa with 856 workers, China with 449, Fiji with 374, Vietnam with 220, and India with 191. Workers from more than a dozen other nations are also employed under the provision.

Under the administration's proposal, the moratorium would take effect immediately upon approval by the Fono and signature by Governor Pulaali'i Nikolao Pula. The measure would temporarily halt the issuance of new permits under the Special Provision but would not apply to foreign nationals employed by either the territorial or federal governments.

The Senate unanimously approved its version of the legislation in August. However, without House action before adjournment, the proposal may have to wait until lawmakers return for the next regular session.

IMMIGRATION BOARD CONFIRMATIONS ALSO REMAIN PENDING

The Special Provision bill is not the only immigration-related matter awaiting legislative action.

The Governor's nominees for the Immigration Board remain unconfirmed despite having been submitted to the Fono earlier this year.

In March, the Senate conducted confirmation hearings for five of the Governor's nominees: Tuiteleleapaa Filoalii Ioane Lamatia, Fa'alaga Su'e, Sina Ameperosa Samuelu, Taufetee Tanielu Taufetee, and Tago Tafaevalu Aumoeualogo.

A confirmation vote was expected to follow, but Senate President Tuaolo Manaia Fruean postponed further action, citing concerns about the absence of legislative representation on the board.

Tuaolo stated that he had previously recommended that Senator Levu Iosia Jr. continue serving on the Immigration Board. However, when the Governor submitted his slate of nominees, Levu's name was not included.

At present, Representative Vailoata Amituanai serves as the House's representative on the board.

While acknowledging that territorial law does not require lawmakers to sit on the Immigration Board, Tuaolo noted that previous administrations had traditionally included members of the Fono as a matter of courtesy and cooperation between the executive and legislative branches.

The issue extends beyond the Immigration Board.

The Governor also submitted nominees in March for the boards of the Territorial Bank of American Samoa (TBAS) and the Development Bank of American Samoa (DBAS). However, resolutions seeking confirmation of those appointments were never formally introduced for legislative consideration.

Historically, both the Senate and House have had representation on the TBAS Board, while the Senate has maintained representation on the DBAS Board. The Governor's latest appointments did not include any lawmakers.

Under existing law, Senate approval is required for DBAS board appointments, while nominees to the TBAS Board must be confirmed by both the House and Senate.

With the Fourth Regular Session conclusion, the future of the immigration moratorium, as well as several key board appointments, remains uncertain unless lawmakers revisit the matters during a special session or wait until the Fono reconvenes next year.