Pago Pago, AMERICAN SAMOA — During a Senate Judiciary Committee hearing last week, deputy chief immigration officer, Fagamalama Fualaau informed senators that despite the staff shortage at the Immigration Office, with only one vehicle to carry out its work, immigration officers continue to do their job, even though they don’t get any overtime pay.

Besides Fualaau, other witnesses who attended the two-hour hearing were Attorney General Talauega Eleasalo Ale, and Immigration Board chairperson, Fanene Edda Wyberski.

The hearing was called following a request by Sen. Tuaolo Manaia Fruean two weeks ago to find out what Immigration is doing to stop the many “overstayers” whose illegal status surface only when they appear in court. He said there have been many overstayers identified by the court and reported in the newspaper.

After being briefed by committee chairman, Sen. Tuiagamoa Tavai on the purpose of the hearing, Talauega said that, speaking generally of the difficult work faced by Immigration, he believes there are more overstayers identified and returned to their home country by the Immigration Office than what’s reported in the newspaper.

Most of the time the public is not aware of the difficult and tough work faced by the Immigration Office and Immigration Board, he said.

According to Talauega, there are times that Immigration won’t catch all the overstayers and then such issues are reported by the newspaper, resulting in the public thinking that that there is an overall problem at Immigration.

And despite the difficulty in carrying out Immigration’s responsibility, employees continue to do their job, although there is not enough personnel, he said, adding that there are times that Immigration works overtime (for after-hour flights) and they don’t get paid overtime.

While Talauega never credited the court for identifying overstayers, Fanane did, saying the Board is thankful to the court for bringing to light an issue that has been a long standing one.

In her remarks, Fualaau said when “we came in”, there were more than 60 personnel at the Immigration Office but now there are only 29, who are carrying out the agency’s mandates and responsibilities — including staffing the airport and seaport.

She said many staffers resign and move off island.

According to her, Immigration only has one car, which is not sufficient to carry out the job, and the AG provides assistance at times, through the use of his office vehicle.

She told senators this is the difficulty being faced by Immigration.

She went on to say that those who work overtime don’t get paid for it, and they don’t complain; instead, she continued, they offer their lives to serve the public and ensure that their responsibilities are carried out.

She noted that there are airlines - such as Hawaiian - that arrive after hours and Immigration officers are at the airport. And Immigration bills the airline for after hours work in accordance with the law, but all payments go into the ASG General Fund.

Regarding overstayers, she said the Immigration Office continues to identify and deport them. And that information is not given to the newspaper. She said three immigration officers are assigned to identify overstayers, and they are the same trio assigned to court proceedings.

She claimed that from 2016 — the start of the governor’s amnesty program — there were about 2,100 overstayers up to June of last year.

COMMITTEE QUESTIONS

Tuaolo informed Talauega that the Senate is not trying to investigate the Immigration Office’s work; but when matters such as overstayers come up too often from the court, it's the Fono’s responsibility to raise questions.

He inquired about the shortage of staff, and Fualaau explained that Immigration’s budget proposal included filling vacant positions but it was removed in the final budget for the government.

Tuaolo then made clear to the witnesses that the Fono does not provide Immigration with funding to address their needs. He said such requests are submitted by the AG to the governor, who then submits it to the Fono. This statement was echoed by other senators.

When asked why Chief Immigration Officer, Peseta Don Fuimaono didn’t show up for the hearing as requested by the committee, Fualaau said Peseta is off island.

Tuaolo wanted to know who the Chief Immigration Officer answers to — the governor or the AG.

Fualaau said the Immigration Office is overseen by the AG and the Chief Immigration Officer therefore answers to the AG.

Sen. Magalei Logovi’i informed the witnesses that Immigration’s fiscal year 2019 budget shows two vehicles and a staff of 35. He sought an explanation, to which Fualaau said the second vehicle is assigned to the Chief Immigration Officer, who has many duties and responsibilities.

Samoa News will report later this week on other issues from the hearing.