AG mum on Immigration Board concerns about TALOFAPass

Pago Pago, AMERICAN SAMOA — To date the American Samoa Government has remained mum on concerns raised by Chair of the Immigration Board, Fanene Edda Wyberski.

Last month Fanene told Samoa News that ASG’s TALOFAPass websystem has created a lot of issues for the Immigration Office and its Board of Directors.

“What we know about TALOFAPass’s initial mandate is [it] was to protect our borders by monitoring the COVID situation whereas the traveling public are to submit their vaccination cards, to enter American Samoa.

“However it’s apparent that it is clashing with the immigration laws that we are set to protect and enforce,” said Fanene. The ASG TALOFAPass websystem screens people entering American Samoa.

Samoa News reached out to Medicaid Director, Sandra King Young who referred queries to Attorney General Fainu'ulelei Falefatu Ala'ilima-Utu.

To date Fainu'ulelei has yet to reply to Samoa News’ email request for comments.

Meanwhile, the latest COVID-19 Emergency Declaration dated Sept. 23 and signed by Lt. Gov. Talauega E.V. Ale — in his capacity as acting governor states that any person traveling from outside of the U.S and Samoa must show proof of a negative COVID test within 72 hours prior to travel via TALOFAPass, which is the ASG online travel portal that screens entry into the territory.

The declaration keeps in place the mandate that all travelers are still required to register on TALOFAPass at least 10 days prior to entering the territory and must show proof of full vaccination if they are 5 years old or older.

In early August several online petitions were launched by frustrated and disappointed residents calling for the elimination and dismantling of TALOFAPass that launched in the latter part of 2021 as American Samoa prepared to resume commercial flights between Pago Pago and Honolulu.

The online petitions came amid growing concerns and complaints from travelers, future travelers as well as their family members over the need to continue using this ASG Safe Travel portal for American Samoa, following problems with registration, and confirmed passengers trying to get the final approval code to board a flight to Pago Pago.

There have also been questions about the need for this system any longer — for which ASG allocated some $8 million funded with federal American Rescue Plan Act money — what with the COVID-19 virus already circulating in American Samoa and travelers no longer required to pre-test for the coronavirus prior to entering the territory.

BACKGROUND

According to Fanene there are people in the territory now that came in on the TALOFAPass and are now applying to work here and yet they came in on a visitor’s permit.

“This is what we have been dealing since the TALOFAPass has been in force and it is overlapping onto immigration laws,” said the Chairman.

Another issue Fanene pointed out is that people who have expired Immigration IDs cannot enter American Samoa to come and renew their ID.

“And TALOFAPass has been allowing people to come in and their IDs have expired since way back when. And yes while they obtain a visitor’s permit to enter, they cannot use it to enter to renew their identification.

“Under public law 34-2 a visitor’s permit does not allow anyone to apply for residency, it’s only valid for 30 days and they must return to their Country of Origin. Although we welcome visitors to our shores, we have Immigration laws and a process we need to protect,” said Fanene.

Adding that there are immigration laws that permit the entrance of any foreign person to enter American Samoa, whether to live, work or to visit.

“There’s already [a system] to protect the process, Immigration is there to protect the Immigration process, if they understand the process, there are laws that everyone has to abide by. For people entering American Samoa through these difference processes.

“There is a visitor permit, people coming in under quota and special provisions for businesses to bring in people to work.

“These processes have to go through an application process overseen by the immigration office and the board.

Once someone sets foot in American Samoa, they are protected under the law whether they are legal or illegal, but there are laws that protects them.”

She said since COVID and the restrictions and coming out of the lockdown the Immigration Board has been trying to accommodate people that have been stuck — but they do it in accordance to the law.

“And because of the COVID, the Board has been very lenient as the foreign residents that were stuck overseas for a long period of time, with expired identification and we have been helping them legalize their ID.

“Now that time has concluded and we’re back to normal operations but there is a slight confusion on the TALOFAPass and the role of immigration,” said Fanene.

According to the Chair of the Board, there are concerns that were brought to their attention that on the TALOFAPass  /government website, there is a slot there for permits.

“And why is this even on the websystem, the entry permits is for immigration not any other government entity or agency, but it’s confusing,” said Fanene.

She said there is also evidence of people flying in to renew their ID, yet they don’t live in American Samoa and Fanene blames the TALOFAPass for this.

“They cannot do that, you have to be a resident of American Samoa to hold that ID,” said Fanene. The Chair who spoke on behalf of the Immigration Board also expressed concerns on the “information of our people” submitted on the TALOFAPass.

However King Young said the TALOFAPass is secure. “The TALOFAPass is a highly secure HIPAA compliant cloud platform. It is more secure than having a physical server.”

Adding the current technology trends are that the Federal government and state governments are transitioning to cloud technology for data security and storage.

“Perhaps it would be helpful for the Chairwoman and the Immigration Board to contact the Governor's Technology Office and DataHouse for a briefing on the security of TALOFAPass,” said King Young.

Fanene also suggested having the Immigration office oversee the TALOFAPass.