Senators have called for the Executive Branch to initiate legislation that would delete from current immigration law the provision that allows a permanent resident to sponsor a member of their “immediate family” to enter American Samoa.

The request was made during a Senate Judiciary Committee hearing late last week called by Sen. Soliai Tuipine Fuimaono. ASG witnesses at the hearing were Immigration Board chairman Frank Gaisoa and Attorney General Talauega Eleasalo Ale, who informed senators he does not support permanent residents being allowed to sponsor foreigners.

The issue of permanent residents — who have lived and worked in the territory for 20 or more years — was first raised two weeks ago by Sen. Tuiasina Esera, who is the Senate’s member on the Immigration Board, saying that current Immigration law allows permanent residents to sponsor family members to enter the territory.

However, he says this provision of the law is also allowing foreigners who are not family members of these permanents residents to enter, live and work in American Samoa. He claims that this is especially true for Asians, who have brought in people as family members, but they are not. 

During the Senate committee hearing, Talauega was asked for an explanation on this issue and he confirmed that provision of the law does allow permanent residents — who have lived here for 20 or more years — to sponsor their “immediate family members” but it has gone beyond the law’s provision — with people who are not even relatives coming here.

Sen. Laolagi F.S. Vaeao recommended that Talauega and Gaisoa work together in making sure that any abuse of this provision of the law “for immediate family members” is not violated or allowed for anyone.

Laolagi said the government, especially the Immigration board, must be diligent in their review to make sure that only family members are being sponsored by permanent residents.

“If we try to change the law, it will affect others, who are honest, but it's also the Immigration board which has a duty to thoroughly review requests,” he said and suggested one way to identify whether or not the person being brought in is a family member is through their last name.

Other senators agreed and they made clear that their concerns focus mainly on those foreigners brought in from Asian countries, as these individuals end up taking local jobs.

Sen. Mauga T. Asuega says there should be a way to further clarify the law when it comes to “immediate family members” who are usually the parents and siblings — brothers and sisters.

Talauega told senators that in his opinion, permanent residents should not be allowed to be sponsors, because these individuals are not American Samoans. He said American Samoans are the only ones that should be allowed to sponsor.

Gaisoa said the board agrees with the attorney general, adding that the board believes that permanent residents shouldn’t be given this privilege or right — it should only be for American Samoans.

If the Fono can make the change and leave sponsorship for American Samoans only, that will make easy for the Immigration board's work, without any problems, he said, adding that the board needs the Fono’s help and support on this important issue.

Mauga responded that this provision must be reviewed by the government and Soliai informed the witnesses that the Executive Branch should initiate changes to the law for the Fono to review.

“Any changes to current law to improve immigration should be initiated by the board and the Attorney General so we can close any loopholes in current law,” Soliai said.

It remains unclear at this point if the administration will push such a proposal.