Pago Pago, AMERICAN SAMOA — The administration bill sent to the Fono seeking a 12‑month moratorium on the Special Provision clause — a mechanism that has enabled employers to bring in foreign nationals outside the statutory limits set by immigration law — is not a new issue for consideration by the Fono. The matter was the focus of a hearing by the Senate Government Operations Committee in January, this year.

At present, there is no numerical limit on how many foreign nationals may be admitted under the Special Provision — a gap that has fueled both economic opportunity and public anxiety. Employers argue the provision is essential for filling labor shortages, while critics say it has contributed to overcrowding, wage pressure, and strain on public services.

The administration’s bill marks the first major attempt to rein in the Special Provision since its creation.

Both the Chairman of the Immigration Board and the Chief Immigration Officer have been subpoenaed to appear before lawmakers in a hearing scheduled for this morning. 

JANUARY HEARING

In January, Committee chairman Senator Togiola T.A. Tulafono opened the hearing by highlighting the committee’s fact-finding mission around the island.

He reported that nearly all businesses in rural communities — stretching from Tula in the east to Amanave in the west — are now operated by foreign nationals.

“The small papa and mama stores that used to generate income for families and helped in the development of families and communities have been replaced by Asian-run businesses,” Togiola said, noting the shift has eroded traditional sources of livelihood for Samoan families.

“If we don’t do anything about this, in another ten years from now, all businesses will be fully owned by foreigners without the involvement of any Samoan,” Togiola warned.

The senator further expressed concern about the agricultural sector, pointing to the Fagatogo market where Asian farmers are increasingly visible selling taro, bananas, and vegetables. He added that many roadside stalls across the island are also operated by foreigners.

According to Togiola, these farmers are exploiting a legal exemption that was originally intended to support local Samoan farmers. Under current law, local farmers are not required to pay taxes on their produce — a measure designed to encourage subsistence farming and community development. However, Togiola warned that foreign farmers are now benefiting from this exemption, undermining its original purpose.

Togiola also highlighted the growing number of foreigners employed in blue-collar jobs such as clerks, receptionists, cashiers, and stock-keepers — roles that do not require specialized certification like civil engineering or accounting. He stressed that these positions were intended to provide employment opportunities for Samoans.

The senator pointed out that foreign-run companies are increasingly bringing in workers from overseas to fill these vacancies. He noted that the trend is evident even within government departments, where foreigners are now employed as receptionists.

Togiola argued that the Immigration Law is explicit: only jobs requiring specialized expertise that cannot be filled locally should be open to foreign hires.

“On the contrary, what we are seeing is foreigners taking jobs from local residents by occupying blue-collar positions,” he said.

The committee chairman emphasized that this practice undermines the intent of immigration regulations and deprives Samoans of accessible employment opportunities.

Senator Togiola also raised concerns over allegations that some foreign nationals may have been granted permanent residency in the Territory without meeting the required number of years of residency.

He described the matter as “a very serious allegation” and requested official records documenting all foreign nationals who have been awarded permanent residency status over the years, stressing the need for transparency.

Togiola warned that if the rumors prove true, the Legislature must act swiftly to address the discrepancy. He suggested that new legislation may be necessary to strengthen oversight of the residency process and ensure compliance with existing laws.

Attorney General Gwen Tauiliili‑Langkilde, who testified at the hearing, stated that the provision has effectively become a parallel system — one that lacks clear criteria and has grown without a strategic plan.

Tauiliili‑Langkilde told senators she had recommended a 12-month moratorium to the Governor so the administration could reassess its priorities and establish firm standards for corporations seeking to import labor.

HOUSE HEARING ON IMMIGRATION ISSUES

The AG reiterated those concerns during a House hearing in March, warning that American Samoa must demonstrate it can control its own borders or risk federal intervention.

The AG pointed to the national push under the current U.S. president to tighten migration controls, saying territories that appear unable to regulate entry could face heightened scrutiny.

“There may come a time,” she testified, “when the Territory would come under federal government review regarding border control.”

During the House hearing, Tauiliili‑Langkilde advocated for a 12‑month moratorium to allow for a full evaluation of immigration policies and to address concerns about the rising number of foreign workers entering under the Special Provision.

BACKGROUND

The proposed bill — that seeks a 12‑month moratorium on the Special Provision clause which bypasses annual immigration caps — would temporarily suspend the Immigration Board’s authority to approve entries under the Special Provision, effectively freezing a pathway that has become the primary route for corporations seeking additional labor.

The moratorium would take effect immediately upon enactment, signaling a sharp policy pivot at a time when lawmakers and residents alike are questioning whether the territory’s labor market, housing stock, and social services can sustain continued growth in the foreign workforce.

Governor Pulaali‘i Nikolao Pula described the moratorium as a “working period” — a pause designed to give the government space to assess whether current foreign‑national populations can be supported economically and socially.

Under the bill, the Attorney General and Immigration Board would be required to issue a comprehensive report detailing their findings and recommending future actions. The administration’s message is clear: the Territory must determine whether its immigration system is functioning as intended, or whether unchecked reliance on foreign labor has outpaced regulatory oversight.

American Samoa’s immigration law already sets annual limits on the number of people from each country who may reside and work in the Territory.

But the Special Provision has operated as an exception to those limits, allowing employers to petition the Immigration Board directly for additional workers.

It’s not known at this time if the working period would include the StarKist Samoa  guest worker program. As previously noted, the cannery employs approximately 2,000 to 2,400 Samoa citizens who make up roughly 70% of the workforce at its tuna cannery. Samoa citizens are foreign nationals.