Pago Pago, AMERICAN SAMOA — Concerns over the growing number of Asian nationals entering and working in the Territory were addressed last Friday during a hearing of the Senate Government Operations Committee.

The session, chaired by Senator Togiola T.A. Tulafono, focused on the impact of immigration trends on the local Samoan population. Tulafono opened the hearing by outlining four major issues raised by committee members, noting that the influx of foreign workers was causing adverse effects on Samoan residents.

Testifying before the committee were Attorney General Gwen Tauiliili-Langkilde, Immigration Board Chair Fanene Edda Wyberski, Chief Immigration Officer Sam Soliai, and Department of Homeland Security Director Vaeitagaloa Glenn Lefiti.

Togiola opened the discussion by highlighting the committee’s recent fact-finding mission around the island. He reported that nearly all businesses in rural communities — stretching from Tula in the east to Amanave in the west — are now operated by foreign nationals.

“The small papa and mama stores that used to generate income for families and helped in the development of families and communities have been replaced by Asian-run businesses,” Togiola said, noting the shift has eroded traditional sources of livelihood for Samoan families.

The senator further expressed concern about the agricultural sector, pointing to the Fagatogo market, where Asian farmers are increasingly visible selling taro, bananas, and vegetables. He added that many roadside stalls across the island are also operated by foreigners.

According to Togiola, these farmers are exploiting a legal exemption that was originally intended to support local Samoan farmers. Under current law, local farmers are not required to pay taxes on their produce — a measure designed to encourage subsistence farming and community development. However, Togiola warned that foreign farmers are now benefiting from this exemption, undermining its original purpose.

Togiola also highlighted the growing number of foreigners employed in blue-collar jobs such as clerks, receptionists, cashiers, and stock keepers — roles that do not require specialized certification like civil engineering or accounting. He stressed that these positions were intended to provide employment opportunities for Samoans.

The senator pointed out that foreign-run companies are increasingly bringing in workers from overseas to fill these vacancies. He noted that the trend is evident even within government departments, where foreigners are now employed as receptionists.

Togiola argued that the Immigration Law is explicit: only jobs requiring specialized expertise that cannot be filled locally should be open to foreign hires.

“On the contrary, what we are seeing is foreigners taking jobs from local residents by occupying blue-collar positions,” he said.

The committee chairman emphasized that this practice undermines the intent of immigration regulations and deprives Samoans of accessible employment opportunities.

Senator Togiola also raised concerns over allegations that some foreign nationals may have been granted permanent residency in the Territory without meeting the required number of years of residency.

He described the matter as “a very serious allegation” and requested official records documenting all foreign nationals who have been awarded permanent residency status over the years, stressing the need for transparency.

Togiola warned that if the rumors prove true, the Legislature must act swiftly to address the discrepancy. He suggested that new legislation may be necessary to strengthen oversight of the residency process and ensure compliance with existing laws.

Finally, Togiola raised the issue of foreigners allegedly exploiting loopholes in the sponsorship system. He noted complaints that some individuals simply travel to neighboring Samoa to change sponsors, then return to the Territory under new sponsorship arrangements.

Togiola compared the situation to challenges faced on the U.S. mainland, warning that unchecked practices could lead to infiltration by illegal immigrants. He directed his remarks to Homeland Security Director Vaeitagaloa Glenn Lefiti, requesting his opinion and recommendations on how to address the matter.

He emphasized that the Legislature must remain vigilant to prevent abuse of immigration laws and ensure that the Territory is not overwhelmed by foreign nationals entering through questionable means.

“The Legislature must create legislation to monitor this discrepancy to prevent any problems of overcrowding of the Territory by foreigners in the future,” Togiola said.

AG Tauiliili-Langkilde responded to Senator Togiola T.A. Tulafono’s opening remarks, first directing attention to documents her office had been subpoenaed to provide.

Tauiliili-Langkilde explained that her office had been instructed to submit copies of official correspondence, public notices, and statements issued over the past year regarding immigration policies. She noted that these records reflect her office’s ongoing efforts to implement controls within the framework of existing law.

Clarifying the scope of her authority, the Attorney General stated that under current immigration law, her office has jurisdiction over only two areas: visitor permits and the Attorney General’s Certificate.

The latter is issued to companies and businesses, granting them the ability to sponsor individuals from overseas.

Tauiliili-Langkilde referred to correspondence from her office requesting clarification of visitor permit policies, along with a public notice issued on June 13, 2025. That notice reminded the public that individuals entering the Territory on visitor permits are prohibited from working while on-island, stressing that such activity is against the law.

The Attorney General further noted that her office had also issued another public notice, dated August 19, 2025, outlining requirements for local companies and businesses seeking to employ overseas workers under the Special Provision Program.

The August notice listed strict criteria that employers must meet, including the submission of evidence and supporting documents to verify their authenticity before being granted the Attorney General's Certificate, which gives them approval to sponsor foreign workers.

Attorney General Tauiliili-Langkilde outlined her office’s vetting process for companies seeking to sponsor overseas workers, emphasizing the importance of corporate responsibility and compliance with immigration law.

She explained that applications are assessed based on three key areas: a business plan filed with the Department of Commerce, tax returns submitted to the Tax Office, and a listing of employees currently sponsored, including the positions they were brought in to fill. She noted that this more rigorous vetting process has been in place since August of last year, ensuring that only companies demonstrating good corporate citizenship are certified to sponsor foreign workers.

In addition to the vetting procedures, the AG presented a public notice dated November 28, 2025, regarding the updating of immigration bonds for overseas workers. She clarified that the law requires bonds to be tied to the value of a return trip ticket. However, she acknowledged that the updated bond amounts were based on ticket values from 20 years ago, raising questions about whether they remain adequate today.

Tauiliili-Langkilde recalled that Senate President Tuaolo Manaia Fruean had recommended increasing the bond amount to $10,000 during the opening of the current Fono session. While she agreed with the concern, she explained that her office could not make immediate changes since the bonds had just been updated in November. She assured lawmakers that if the Fono desires, her office will implement the increase next year.

Senator Togiola pressed AG Tauiliili-Langkilde on how recent updates to immigration bond fees were calculated.

Togiola asked whether the update had taken into account potential future increases in airfare costs. Tauiliili-Langkilde responded that the adjustment was based strictly on the current value of a return trip ticket, in accordance with the law.

Acknowledging the concern raised by the Senate President, Togiola noted the relevance of his recommendation that the bond fee be increased by $10,000. He argued that airfares will inevitably rise over time and that the bond should reflect not only the cost of a return ticket but also the administrative services provided by government employees to process the necessary paperwork for overseas workers leaving the Territory.

The AG stated that a review of corporate applications over the past six months revealed most business plans submitted under the Special Provision Program were for auto shops and sewing shops.

Tauiliili-Langkilde noted that there is currently no cap on these types of businesses, raising concerns about whether they align with the Territory’s actual labor needs.

“The government needs to set a priority in terms of needs for foreign workers,” she said.

She further explained that tax returns filed by many of these companies show they are not making a profit. This, she argued, raises serious questions about why foreign workers continue to be brought in for businesses that are not contributing to the local economy. “If they’re not showing profit, they are not paying taxes,” the Attorney General emphasized.

To address the issue, Tauiliili-Langkilde said she has recommended to the governor that a moratorium be placed on the Special Provision Program while the government reviews its priorities.

She added that new criteria should be established for corporations seeking to sponsor overseas workers, ensuring that only businesses with clear economic value and community benefit are approved.

"We need to put in a moratorium on the Special Provision Program," she stated. "And my proposal would be the governor and his administration's proposal, a 12-month moratorium to give us more time to look at what the government's priorities are.

"What are we going to require of these companies to allow them to sponsor aliens. Right now, the AG's review is limited to good corporate citizenship. So if they file their taxes, then that's all I'm required under the law to look at. But who's looking at what's the priority for these companies?

"That's the request and the proposal, is to give us some time to look at the priorities, work with DOC, work with the Tax Office, and come together with the Fono to identify what the priorities are that are important to the Territory. That should be the priorities that allow for foreign employment."

The AG said these corporations should also have the responsibility to train our people.

Senator Togiola revealed that lawmakers are drafting a bill to reform corporate reporting, citing concerns over loopholes being exploited by foreign business owners.

Togiola explained that under current law, two-thirds of any company or business arrangement must consist of local individuals before incorporation is permitted. However, he noted troubling instances where, after incorporation, 100 percent of the company’s shares were transferred to foreign nationals.

The committee chairman further shared that he has personally witnessed cases in which companies, purportedly owned entirely by local residents, were sponsoring foreign owners — a practice explicitly prohibited under the law.

To address these issues, Togiola said the committee is preparing legislation aimed at tightening corporate reporting requirements and closing loopholes that allow foreign businesspeople to circumvent local ownership rules. The proposed bill will be forwarded to the Attorney General’s Office for review and recommendations.

“If we don’t do anything about this, in another ten years from now, all businesses will be fully owned by foreigners without the involvement of any Samoan,” Togiola warned.

Immigration Board Chair Fanene Edda Wyberski told lawmakers that the board maintains strict policies when reviewing applications for foreign workers, particularly regarding ownership requirements and the types of positions being filled.

Wyberski emphasized that the board will not approve foreign workers for businesses that are not at least 51 percent locally owned. She noted that while applications often claim overseas employees are being brought in as skilled workers, many of them end up serving in basic roles such as cashiers.

She further explained that it has long been the policy of the Immigration Board to limit the number of employees approved for certain types of businesses. Not all applications submitted under the Special Provision Program — which requires an Attorney General’s Certificate — are granted.

Wyberski assured senators that the board continues to exercise caution when approving applications for foreign workers, often granting fewer employees than requested or requiring that previously sponsored workers return to their home countries before new approvals are issued.

Wyberski noted that construction companies generally bring in professionals such as civil engineers from New Zealand and Australia, but stressed that businesses are always advised to hire local residents for blue-collar positions. She acknowledged, however, that many employers complain that local workers tend to be negligent or dishonest in carrying out their duties.

The Immigration Board Chair also revealed that she has asked the Department of Commerce to assist in screening business license applications submitted to her office. She said some applications should never have been approved in the first place, underscoring the need for stronger oversight.

Wyberski’s testimony highlighted the board’s longstanding policy of limiting foreign worker approvals to genuine needs, while ensuring that businesses remain compliant with ownership requirements and that opportunities for local employment are protected.

Senator Togiola pressed AG Tauiliili-Langkilde on enforcement measures surrounding the Special Provision Program, asking who ensures compliance once an application for overseas workers moves from her office to the Immigration Board.

“Who enforces the board’s decision to ensure that foreign workers brought into the Territory are employed in the specific roles for which they were approved?” Togiola asked.

Tauiliili-Langkilde replied that the Immigration Office has an enforcement division and referred the question to Chief Immigration Officer Sam Soliai.

CIO Soliai explained that once the board approves an application, it is referred to his office, where the worker is registered with employment clearance. Togiola pressed further, asking whether inspections are carried out at workplaces to verify that workers are employed in the positions for which they were approved under the Special Provision Program.

Soliai responded that the Immigration Enforcement Division does conduct on-site inspections. However, he acknowledged a critical gap: the documentation his office receives from the Immigration Board after approval does not specify the exact job or line of work the foreign worker is meant to perform.

This lack of specificity, Soliai admitted, leaves room for discrepancies between the positions listed in applications and the roles ultimately filled — a loophole that senators warned could undermine the intent of immigration laws designed to protect local employment opportunities.

Togiola pointed to the law requiring companies to advertise vacancies locally as proof that they cannot find qualified Samoan employees before seeking foreign hires. He questioned the validity of this process, noting that the Attorney General’s report showed 666 workers entered the Territory under the Special Provision Program last year.

“I do not recall 666 job vacancies being advertised in the local newspaper,” Togiola said, adding that he had only seen two or three advertisements at most.

Senator Magalei Logovii raised additional concerns, asking whether Asian nationals operating roadside stalls had entered the Territory under the Special Provision Program. He noted that nearly all roadside stalls are now run by Asian farmers, who appear to benefit from tax exemptions originally intended for local farmers.

Magalei also shared a personal observation from his village, where a Samoan cashier was reassigned to stocking shelves and replaced by an Asian worker.

“Now, there are no Samoan employees in that particular store,” he said, highlighting the broader concern that local workers are being displaced by foreigners in basic retail jobs.

The Director of the Department of Homeland Security, Vaeitagaloa Glenn Lefiti, voiced strong support for the strategies being implemented by the Attorney General’s Office and the Immigration Board to stem the influx of foreigners, particularly Asian nationals, into the Territory.

Lefiti revealed that four months ago, the U.S. State Department raised concerns about the number of Asians applying for passports using local birth certificates. He reported that between 2022 and 2025, 111 babies were born in the Territory to parents from Asian countries — including 62 from the Philippines, 25 from China, 15 from Vietnam, three from Korea, and one each from Spain, India, Saudi Arabia, Thailand, and Mexico.

The DHS Director also disclosed that his department has been investigating two cases involving overseas workers whose employment agreements never materialized. These cases have been referred to the U.S. Department of Labor for further action.

Of greater concern, Lefiti said, is a potential human trafficking case currently under review. He explained that his department is working closely with the State Department to investigate a suspected trafficking ring involving a broker in Vietnam and a Vietnamese resident in the Territory.

“We are now awaiting the results of this investigation by the State Department,” Lefiti stated.