Pago Pago, AMERICAN SAMOA — A new Senate bill is proposing a one-time amnesty program for foreign nationals living in American Samoa without valid immigration status, so they can work for StarKist Samoa and other employers deemed critical to the Territory's economy.

The proposal comes as the Administration is pushing a separate bill that would place a 12-month moratorium on a controversial special provision in American Samoa's Immigration Law, pending approval by the House of Representatives.

For years, American Samoa's immigration law has included a special provision that gives the Immigration Board the power to approve the entry of foreign nationals outside the legal quota, or cap, set by law.

In practice, critics say the clause has been used to allow thousands of people to live and work in the territory without going through the standard immigration system. Supporters have argued it was necessary to fill labor shortages. The Administration's bill would pause the use of that provision for one year.

While the moratorium is being debated, a new bill sponsored by Senator Togiola T.A. Tulafono would create a different path: a Critical Guest Worker Amnesty Program.

Here is how it would work:

Any foreigner who is currently in American Samoa with an invalid or out-of-status immigration status would have 90 days to apply for a new Critical Guest Worker permit.

The amnesty would be open to people from any country, regardless of country of birth, nationality, or ancestry. To qualify, an applicant must show proof that they have been continuously present in American Samoa since January 1st, 2025, and must present a valid five-year employment contract.

The permit would only be valid to work for StarKist Samoa or any other business that the Governor designates as a critical industry employer.

The permit would be issued for one year at a time and could be renewed annually, for a maximum of five years total.

People granted this permit would not be counted against the numerical limits and quotas in the current immigration law. No immigration bond would be required. Instead, the bill states that the critical industry employer assumes all financial responsibility for the workers they hire under this program.

The amnesty program itself would be temporary. According to the bill, it would expire one year from the date the Act goes into effect, unless the Legislature votes to extend it.

If passed, the bill would create a formal, time-limited pathway for out-of-status workers already in the Territory to gain legal status, but only if they are tied to industries the government considers critical.