Pago Pago, AMERICAN SAMOA — The administration’s proposal to impose a 12‑month moratorium on the special provision of American Samoa’s Immigration Law has moved one step closer to enactment, following decisive action in the Senate late last week. Senators approved the bill in final reading on Friday, voting 14–0 to halt the use of the special provision for one year.

The House of Representatives has not yet read the measure for committee review or floor consideration. Once the House passes the bill and it is signed into law by the Governor, the moratorium would take immediate effect.

The special provision, a long‑standing but controversial clause in the Immigration Law, grants the Immigration Board authority to approve entry of foreign nationals outside statutory caps established by law. In practice, the provision has allowed thousands of individuals to reside and work in the Territory without going through the standard immigration quota system.

Under the administration’s proposed bill, that authority would be suspended for 12 months, effectively freezing any new approvals under the special provision.

Attorney General Gwen Tauiliili‑Langkilde clarified in a Senate hearing last week that during the moratorium period, only foreign nationals sponsored by the American Samoa Government (ASG) or the U.S. federal government would be eligible for entry.

Foreign workers seeking employment in the private sector would not be approved under the special provision for the duration of the moratorium.

Her comments highlight the administration’s position that the special provision has expanded far beyond its intended scope, particularly in the private sector.

According to the Attorney General, 3,489 individuals are currently in American Samoa under the special provision. A total of 3,092 are employed in the private sector while 397 are employed by the American Samoa Government.

The moratorium would not immediately remove these individuals from the Territory, but it would halt any new entries under the special provision while the administration reviews immigration processes and enforcement capacity.

With the Senate’s unanimous approval, attention now shifts to the House, where lawmakers are expected to debate the bill’s impact on the local labor market, business community, and government operations.

If enacted, it will mark the first major attempt to rein in the special provision since its creation. According to AG Tauiliili-Langkilde, once the proposed bill becomes law, all pending applications for workers under the special provision will be halted.