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Fono hearing leads to calls for AG to investigate Immigration Office

Fanene Edda Wyberski and Mitzie Jessop Taase
"Why are so many Chinese entering the territory?" faipule asks
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Vice Speaker of the House, Fetu Fetui Jr has strongly advised the American Samoa Attorney General conduct an immediate investigation within the Immigration Office due to strong allegations that many Chinese people have been given permanent IDs but have only lived in the territory for a few years.

He says he has a list of Asians who have been issued permanent resident ID cards even though they have not lived in the territory for the requisite amount of time to be granted permanent resident status, which is 20 years.

(Samoa News should point out that Samoan people identify Asians as ’tagata saina’ [Chinese people] — the group includes Filipinos, Koreans, Japanese, Chinese, etc.)

His claim on the House floor prompted a hearing this week with Attorney General Mitzie Jessop Taase and Fanene Edda Wyberski, the chairperson of the Immigration Board. Chief Immigration Officer Peseta Dennis Fuimaono was a no show and there was no explanation given on why he didn’t attend the hearing.

Rep. Gafatasi Afalava who is also a member of the Immigration Board chaired the hearing, which lasted an hour.

The Vice Speaker said the Fono has received numerous reports of unlawful actions and dealings occurring at Immigration. He told the attorney general that many of these unlawful actions were before her time — but they are still happening.

Fetui Jr told Jessop Taase that he has a list of Chinese nationals who possess permanent ID cards but have not lived in the territory for 20 years.

“I’m so upset and disappointed if these allegations are true,” Fetui Jr told Jessop Taase.

Fetui Jr said that this is a very serious matter and something needs to be done.

“I’m getting tired of these things and I fully believe that the only way to put a stop is to conduct an investigation. And if it turns out to be true, then prosecute everyone who is involved,” Fetui Jr. said.

He asked Jessop Taase if she was aware of what he was talking about and the AG expressed surprise at what she was hearing and said she was not aware of this.

Jessop Taase told the committee that she is the only one who approves applications for permanent residency and there is a process to follow.

For people to receive a permanent residence ID, Jessop Taase said that the Attorney General’s office conducts research to make sure the person had been here for over 20 years before they grant the application for permanent residency. She further stated that all applications filed in 2019 have now been reviewed and processed.

She then asked the Vice Speaker to provide her with the list he has for people who have been in the territory for less than 20 years and have already received their permanent residency so that she can look into it before determining the next move.

The Vice Speaker assured the AG that he would provide the list he was referring to in his statement. He also told the AG that she may have signed some of the applications unknowingly and it was not her fault.

Fetui Jr said now is the time to fix the problem at the Immigration Office because if not now, when — if not them, who would? He further said that this is a very serious matter and the AG needs to address it.

The chairperson for the Immigration Board, Fanene Edda Wyberski revealed during the hearing that there are still a lot of Asians showing up at the Immigration Office for their first immigration ID cards and this is happening during the closure from COVID-19.

She said some of them only arrived in May and June.

Fanene suspected that some of the immigrants are arriving through the ‘back door’. She later told Samoa News she believes there is human trafficking going on. She also echoed Vice Speaker’s statement that decisive action is needed to stop immigration law violations.

According to some representatives, the Asians are taking over local jobs — like store clerk and store keeper positions — that should be made available to American Samoans and other qualified local residents.

They claim that Asians owned stores are employing mostly Asian people, not locals.

For the special provision that allow skilled workers to enter into the territory, Fanene said that the Immigration Board will have to make sure that everyone entering the territory under this provision of the law meets all requirements.

She said that there must a contract from the company or even the government for the person, and the contract must include all benefits including the salary, place to stay, transportation, school for children (if there are children involved), etc.

Fanene told the committee that American Samoa has a lot of qualified people on island who can do these jobs, however, we don’t give the opportunity to our own qualified people to have the contract, instead, we give it to foreigners.

"Why are so many Chinese entering the territory?" asked Rep. Titialii Kitara Vaiau.

Fofo Representative Andra Samoa said that when stores are run by Asian people, money is being sent outside of the territory, which may affect our future economy. She further stated that not only are businesses run by Asians but farms too.

Rep. Timusa Tini Lam Yuen said his only concern is whether these Asians are people who are looked after by our people properly. He also asked why we bring Asian people to work on farms while our own people are very good in developing land for plantations.

Manu’a #2 Faipule, Tiaoalii Fai Sau echoed Fanene’s statement and said that ASG must revisit the provision of the Immigration law which allows businesses or even the government to bring in skilled workers. He said that ASG must give the first opportunity to our own people to do the work.

Some representatives raised the issue regarding foreigners who are brought in to work as store clerks or cashiers, and end up being a business owner three years later. Some businesses are even trying to bring people in to work as cooks also.

Fanene said the Immigration Board reviews whether the person applying 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 find someone locally qualified, the application may be submitted to Immigration.

(Samoa News notes that the requirement for a company to first look for a local resident to fill the job position usually involves a public advertisement, as proof of search for someone locally qualified to Immigration, to no avail. Sewing shops usually recruit employees this way from the Philippines and Samoa.)