Pago Pago, AMERICAN SAMOA — The Senate Public Safety & Homeland Security Committee was informed during a Wednesday hearing on an administration bill proposing a 12‑month moratorium on the special provision clause that a total of 3,489 foreign workers are currently employed in the Territory under that provision.

Of the 3,489 foreign workers currently employed under the special provision, 3,092 are working in the private sector while 397 are employed by the American Samoa Government. According to the breakdown presented to the committee, the Philippines tops the list with 1,029 workers, followed by Samoa with 856. There are 449 from China, 374 from Fiji, 220 from Vietnam, and 191 from India, with workers from more than 15 other countries also represented.

Attorney General Gwen Tauiliili‑Langkilde explained that immigration law includes a numerical quota allowing five individuals per country to reside in the Territory each year — except for Samoa, which is permitted 250 entries annually.

However, she noted that no limit exists on the number of foreign workers a business may bring into American Samoa under the special provision clause, a loophole that has allowed companies to sponsor large numbers of employees without restriction. The special provision was originally intended to help businesses fill manpower shortages that could not be met locally. But because there is no cap on how many workers a company can sponsor, the number of foreign workers in the Territory has grown significantly.

This information was detailed in a report submitted by Attorney General Tauiliili‑Langkilde, Chief Immigration Officer Aliitasi Sam Soliai Fuimaono, and Immigration Board Chair Fanene Edda Wyberski, who testified at the hearing.

The officials recommended a comprehensive review of the special provision to determine how the Territory can better regulate the number of foreign workers companies are allowed to sponsor. AG Tauiliili‑Langkilde said the proposed 12‑month moratorium would allow the government to examine the benefits and costs of the provision, assess whether employees are being treated fairly, verify tax compliance, and establish clearer criteria for businesses seeking to sponsor foreign workers.

At present, she noted, a company only needs to place an advertisement in the newspaper and demonstrate that no local applicant is available to fill the position in order to use the special provision — a minimal requirement that has contributed to the high number of foreign workers now residing in the Territory.

The Attorney General noted that the Territory is already seeing serious negative impacts on local residents, particularly in terms of lost job opportunities. She said the government needs time to conduct a thorough review of the situation and determine whether additional criteria — or entirely new requirements — should be established before foreign‑owned businesses are allowed to sponsor and bring in more foreign workers.

CIO Aliitasi, responding to Senate President Tuaolo Manaia Fuean’s inquiry about whether his office is enforcing immigration law by monitoring foreign workers performing jobs that could be done by locals, explained that enforcement becomes difficult when those workers possess valid immigration IDs. He said many business owners justify hiring foreign workers by claiming that no local applicants responded to job advertisements.

Aliitasi added that another contributing factor is that Samoans themselves are sponsoring some of these business owners, despite having no involvement in the operation or management of the businesses. This practice, he said, enables foreign‑owned companies to bring in additional workers under the special provision clause, further complicating efforts to ensure that job opportunities remain available for local residents.

Senator Togiola T.A. Tulafono expressed appreciation that the administration’s bill proposing a 12‑month moratorium had finally been submitted, and he voiced his full support for it. However, he pointed to another major loophole in immigration law: the authority granted to the Immigration Board to waive the numerical limit or quota. He said this waiver authority has directly contributed to the influx of Asian nationals into the Territory.

“What is happening,” he said, “is that one person is brought in under the numerical limit, but under that same application they bring in their spouse, parents, and siblings. And if that person sets up a business, they hire their relatives — cutting out opportunities for locals.”

Togiola added that the approval of permanent residency has become another loophole. He explained that, historically, the Immigration Board granted permanent resident status only to foreigners who had lived in the Territory for 20 consecutive years. But the law was later amended to give that authority to the Attorney General, and he believes the number of permanent residents has increased significantly since the change. He said some individuals who, in his view, have not lived in American Samoa for 20 years have nonetheless been granted permanent residency — which then allows them to sponsor additional relatives.

Togiola cautioned that continued lax enforcement of immigration law will have long‑term consequences. “If we do not tighten enforcement now, our children and grandchildren will bear the burden in the future,” he said. He stressed that protecting land ownership is equally critical, noting that without American Samoa’s land laws, “we would be living on the mountains.”

Senate President Tuaolo asked the Attorney General for her opinion on whether the Fono could enact a law to withhold U.S. National status from children born in American Samoa to parents from China, Korea, or the Philippines

AG Gwen Tauiliili‑Langkilde responded that such a decision rests with the Fono, but emphasized that the designation of U.S. National is ultimately a federal classification, not a territorial one. She cautioned that any attempt to alter eligibility would need to align with federal law.

Tuaolo then urged authorities to be more vigilant in monitoring the business activities of Asian‑owned companies — including whether they are filing taxes and whether the foreign workers they sponsor are also compliant with tax requirements. He agreed with Senator Togiola’s earlier warning that without American Samoa’s strict land‑ownership laws, “outsiders would have taken over the Territory.”

He predicted that without stronger controls, the Territory could one day see Filipinos and Chinese “raising their own flags” in American Samoa. Tuaolo said future generations would look back and ask, “Where were our parents? Why didn’t they act to stop this?”

Senators Magalei Logovii, Leatualevao Asifoa, and Gaoteote Palaie Tofau also contributed their perspectives to the discussion, raising concerns about how foreign‑owned businesses are expanding into local villages, how sponsorship arrangements are being misused, and how unchecked growth under the special provision clause continues to affect employment opportunities for Samoans.

Leatualevao noted that many Asian‑owned businesses are now operating in Aoloau and Aasu, and that some locals who sponsor foreign workers have no actual role in the businesses they are sponsoring. “They’re just accepting money,” he said, “but they do not have any involvement in the business.”

Magalei shared an example from his own village: a store where a Samoan once served as the cashier while an Asian employee stocked shelves. “Now,” he said, “the Asian is the cashier, and all the employees are Asians. There are no Samoan workers.” He added that while Asians previously operated stores and restaurants, they have now expanded into roadside stalls and rental car businesses. Local rental‑car owners, he said, cannot compete because these businesses offer lower rates and operate in large numbers.

When asked what would happen to pending applications once the 12‑month moratorium takes effect, the AG explained that once the bill is passed by the Fono and signed by the Governor, the moratorium becomes effective immediately, and all pending applications must be halted. She clarified that the moratorium applies only to private companies — not to ASG or federal government agencies.

Committee Chairman Senator Olo Uluao Letuli asked whether the proposed moratorium would affect major infrastructure projects the government is trying to complete. AG Tauiliili‑Langkilde said the administration had already considered this concern, and one possible solution would be for the government itself to sponsor foreign workers assigned to these projects, even if they are working for private contractors.

Immigration Board Chair Fanene added that many companies are currently trying to finish ARPA‑funded projects, and often bring in foreign workers for short periods — typically two to three months at a time. She explained that in many cases, these companies are not increasing their workforce numbers but are simply replacing workers who leave the Territory, rather than bringing in additional employees.

Her comments highlighted the practical challenges facing contractors and the government as they attempt to balance project deadlines with the need to regulate foreign labor under the special provision clause.

Olo also raised concerns about the growing number of beauty parlors and hair salons “popping up” across the island, many of them operated by Asian business owners who are bringing in workers from their home countries and training them on the job.

Senate President Tuaolo underscored the seriousness of the issue, noting that the chemicals used in cosmetology can cause significant harm if not handled properly. He asked whether the Cosmetology Board was active and ensuring that workers in these establishments were properly certified. Tuaolo recalled that the last time the board was visibly active was in the early 2000s, during the era of popular local hairdresser Helga, who operated the well‑known “Helga’s Beauty & Cosmetics” salon in Fagatogo.

Tauiliili‑Langkilde responded that the Cosmetology Board — dormant for many years — was reconstituted about six months ago. She said her office has since been conducting training on the rules, regulations, and safety standards governing this international industry, with the goal of ensuring that all cosmetology workers meet certification requirements and that public health risks are minimized.

(Samoa News should point out that an issue that has risen are the documents of certification that those working in cosmetology need. The Board requires US certification, which foreign workers would need to have or acquire. Apparently many foreign workers in the business allegedly do not have documents that even certify they are qualified in their own country of origin.) 

The government officials have been tasked with producing a comprehensive report within 90 days to give the Fono a clear picture of how the special provision is being used — and misused — and what reforms are necessary to protect local job opportunities and ensure proper enforcement of immigration law.