Pago Pago, AMERICAN SAMOA — Among the comments made by some senators, as well as an ASG official, during a recent Senate Judiciary Committee hearing on immigration is that it’s “our own” people — the American Samoans who are sponsors — that have caused the influx of foreigners (especially from Asian countries) into the territory.

The two-hour hearing was prompted following concerns raised by some senators about the court identifying a high number of overstayers.

ASG witnesses at the Senate hearing were Immigration Board chairperson Fanene Edda Wyberski, Attorney General Talauega Eleasalo V. Ale, and deputy chief Immigration officer Fagamalama Fualaau.

The hearing centered mostly on the influx of “Saina”, or Chinese.

(The word “Saina” was repeated many times by senators, although Fanene noted that other Asians including Vietnamese and Filipinos are also being brought in.)

According to senators, the Chinese are taking over local jobs that should be made available to American Samoans and other qualified local residents — such as store clerk and store keeper positions.

They claim that Chinese owned stores are employing Chinese people, not locals.

"Why are so many Chinese entering the territory?" asked Sen. Tuaolo Manaia Fruean.

Talauega said local American Samoans want them to come in, and this has been the case for a very long time.

And now, Talauega added, Chinese who were brought here 20 years ago have children who were born here — and therefore are US nationals — and now they are doing the same thing: bringing other Chinese people and citizens of other foreign countries into American Samoa.

The AG said the Immigration Board is very strong and thorough in vetting applications from those seeking to bring in people from China and other Asian countries.

Fanene said the Immigration Board conducts a thorough review of all required documents and papers, to ensure they are in order and in compliance with the law.

She said questions would pertain to the “status” of the person being brought in. For example, P5 status, which is “unskilled worker or labor”, or “Special Provision” which are those with “special skills” not found in American Samoa.

When Tuaolo asked how the AG’s Office is going to “fix” and address the problem, Talauega said that in order to resolve the issue, everyone must work together. He said there are laws in place that cover issues such as businesses bringing in foreigners.

However, he also said Tuaolo’s question is a difficult one because “we cannot discriminate” against others.

While the easiest answer is to ban the Chinese from coming in and return those currently residing in the territory, the AG said, he however added that he doesn't believe this is appropriate.

According to Talauega, there are many Chinese in the territory who serve the community well and follow local laws. But, there are also those who don’t fall in those categories.

Tuaolo said he has serious concerns on where American Samoa is at this point, as it appears that the Chinese are running businesses while “we" are running politics.

Sen. Nuanuaolefeagaiga Saoluaga Nua said he believes the “unskilled workers” provision is the loophole that's allowing the continued influx of Chinese. He claims there are a lot of unskilled workers on island looking for jobs, but American Samoa is still allowing foreigners to enter under the P5 status.

Talauega responded that the Immigration Board continues to thoroughly review requests for foreigners, and some businesses are trying to bring people in to work as cooks and store clerks.

He said the Immigration Board reviews if the person being requested has “expertise” not available in American Samoa. Additionally, there are other provisions of the law that require the company to search for a local resident to fill the job and if they are unable to do so, the application is submitted to Immigration.

Some senators raised the issue regarding foreigners who are brought in to work as a store clerk or cashier, and end up being a business owner three years later.

Talauega said any changes to the sponsor or job are required to be submitted to the Immigration Board for review and approval. And if the person wants to set up a new business, the Board also has a role in reviewing the person's status, through the business application which is first submitted to the Commerce Department.

He said the AG’s Office conducts its own review to ensure all requirements under the law are met.

Fanene said the Board doesn't want to stop foreigners from coming in, but they are obligated under the law to carry out a thorough review of the “intention” of the request. She said the law is clear: those who enter under the “Special Provision” cannot own businesses because that is not the approved immigration status which allowed them to enter the territory.

Fanene stressed that both the Immigration Board and Immigration Office continue to enforce local laws; but what makes it difficult is “our own people” who sponsor these individuals, and it's “our own people” who are doing business with foreigners.

At least three other senators echoed Fanene’s statement.

The ASG witnesses were asked about the fine imposed on the sponsor if a foreigner overstays. Faulaau said $500, and this is clearly stated on the permit issued to the sponsor.

In addition to that, there is another $50 a month imposed on the sponsor if the foreigner is still here, after their permit expires.