Pago Pago, AMERICAN SAMOA — During a Senate Judiciary Committee hearing last week on the Guest Worker Permit law, senators raised concerns over the statute enacted 15-years ago and suggested that the Administration carry out a review and propose amendments to address current conditions faced by American Samoa, such as the COVID-19 pandemic.

The Guest Worker Permit law allows StarKist Samoa to recruit workers from Samoa and the cannery sponsors the individuals who must meet several criteria including that a local host-family signs an agreement to provide a place for the worker to stay.

Deputy Attorney General Roy J.D. Hall Jr. provided the committee with information from the Immigration Office that there are currently 913 active guest workers recruited under the permit program. He reiterated that the program allows the worker to renew his/her status annually and the program is working. (See Samoa News edition Mar. 25 for details.)

However, committee chairman, Sen. Tuiagamoa Tavai informed Hall of the concerns raised by lawmakers as well as the Immigration Board regarding the program.

Under the Guest Worker Permit law, the ASG Immigration Board does not play a role in the review and approval of recruited workers, with this role falling directly under the purview of the Governor and the Attorney General’s Office.

Responding to Tuiagamoa’s statement, Hall said he’ll be more than happy to arrange a meeting with the Immigration Board chair and the board, with the Chief Immigration Officer to discuss any questions they might have or share any information they might have on the program, “if they feel there are breaches or violations.”

But based on the information he collected for the hearing, Hall said there’s been no violation by workers recruited under this program.

Tuiagamoa — as well as other committee members — sought information and clarification on the Immigration Board’s role in this program, and Hall explained that under the statute, the Immigration Board is not involved at all. However, he said he would recommend that all information shared with the committee be provided to the board.

Sen. Satele Aliitai Lilio brought up problems with the program based on what has occurred in his constituency and village saying, the Immigration Board should have a role in approval of workers, who are living in villages throughout the territory.

He pointed out that the host-family is like a rental-place for the workers and when the governor activated late last month Code Red when COVID-19 community spread was detected, the cannery shut down and these workers were out of jobs and had no where else to seek help.

He claimed that the affected cannery workers ended up looking for help as well as jobs from other families. He further claimed that when some of the workers tested positive, they didn’t abide by restrictions imposed by the government in the villages.

He questioned what kind or type of help — if any — was provided by StarKist for the laid off workers during the shutdown. And this same concern was raised by other senators, who noted that the laid off workers were left without financial help.

Sen. Malaepule Saite Moliga, joined other senators in pointing out that the statute does not provide for a round-trip ticket for the recruited worker, or StarKist as the sponsor, to post an immigration bond. The law requires only an one-way ticket to Pago Pago, which is paid by the cannery.

Hall explained that StarKist is liable for any expenses incurred if the workers should violate any local law and is also responsible for paying the return airfare to Samoa for the worker.

Hall also said that under current statute, the recruited worker is allowed to stay here for 10 years with an annual review and renewal of the immigration ID. He suggested that perhaps, this is an issue that the Fono should look into regarding this provision of the law.

Sen. Alo Paul Stevenson pointed out that while “we want to help StarKist” this law has created other problems and he believes it’s time that the government conducts a thorough review of the Guest Worker Permit statute.

Hall responded that this law was enacted in 2007 and suggested that perhaps now would be the time for a “review” of the entire statute, especially with the territory in the midst of the pandemic.

He also said that there is no provision in the law pertaining to a national emergency in which recruited workers are unable to work and who would be responsible for paying for their rent.

Hall suggested that a review by the government and the Fono is appropriate at this time. He also provided for the committee a copy of the statute and highlighted provisions of the law, which he believes are areas of concern.

Senators reiterated their concerns for laid off cannery workers, when the plant was shut down for at least two and half weeks, leaving recruited workers, without pay. And they questioned what the “sponsor” — StarKist did to help the workers.

Hall again informed senators that he will consult with the Governor’s Legal Counsel Jason Mitchell regarding the issues raised by senators and for draft legislation that would also provide stipends for the workers paid directly to the host family.

Another issue raised by senators with which Hall agreed is posting an Immigration bond for the workers. 

“I feel that maybe this is the time to take a look at [the law] and bring it current” to meet today’s changes, said Hall during the 40-minute hearing.

2021 AMENSTY PROGRAM

Immigration Board chairperson, Fanene Edda Whyberski, who also attended the hearing, informed senators that the board’s review of applications under the current amnesty program continues.

She also said that a very small number of applicants have applied for amnesty to work at StarKist. For example, if there are 20 applicants presented to the board for review, only two have secured jobs at the cannery.

The 2021 Amnesty Program, implemented by the governor last November under provision of his COVID-19 declaration, concluded on Jan. 13 this year. Applications submitted prior to Jan. 13 shall continue to be processed and decided by the Immigration Board.

The program allows foreigners who are present in American Samoa, who do not have legal status and are considered “overstayers” to apply at the Immigration Office for a P5 immigration status. And the overstayer must secure a job in the territory in order to be considered for this program.