Immigration bill tabled amid conflict over removing board members as sponsors

Pago Pago, AMERICAN SAMOA — The House Judiciary Committee has tabled the Administration bill that prohibits a member of the Immigration Board from acting as a sponsor of a foreigner and clarifies the terms of board members.

The decision was made by the committee right after a hearing with the Attorney General, Fainu’ulelei Falefatu Ala’ilima Utu to discuss part of this Administration bill yesterday morning. The hearing was chaired by committee chairman, Rep. Vaetasi Tuumolimoli Saena Moliga, who also is the house representative for the immigration board.

The bill says that any person appointed to the board while they are the sponsor of a foreigner must end the sponsorship within 60-days of appointment. Additionally, any board member who becomes a sponsor or who is still a sponsor more than 60-days after their appointment shall be removed by the governor.

For the amendments dealing with staggered terms of board members, the bill says the 7 at-large members shall serve for “staggered terms that are not to exceed” 5 years.

The bill removes from current law provisions which state that members shall serve on the board until a successor is approved. Also to be removed from current law is that board members shall elect their own chairman annually.

Vaetasi pointed out that the bill conflicts with the current status for sponsorship, which states that all American Samoans (US Nationals) can act as a sponsor. Vaetasi then cited the statute.

A.S.C.A 41.0408 “sponsors for persons permitted to remain”. Every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor. The following persons are eligible to act as sponsor: (1) all American Samoans, and nationals of the United States;”

In response, Ala’ilima-Utu said that the bill is not a contradiction. He pointed out that the language of the new bill is referring to the basic requirement of someone who serves as a board member.

“That is the statute, you have to be a US Nationals before you can sponsor, however, once you’re a board member, you can not act as sponsor,” Ala’ilima-Utu said.

Vice Speaker of the House Fetu Fetui Jr told the witness that this is a bad bill and he totally disagrees with it. The former cop told the hearing that the moment he was sworn in as a faipule for his District, he raised his hand and promised before God that he would faithfully do his work to serve his people and his country.

He told Ala’lilima-Utu that board members should not be barred from acting as a sponsor. They have the right under the U.S Constitution and the laws of American Samoa to act as sponsor — no matter what.

According to Fetu, he doesn’t see any reason why the Administration is trying to take away the right of any American Samoan to act as a sponsor when that person serves as a board member.

He told Ala’ilima-Utu that the many problems with the immigration system is not the immigration board, it’s the immigration office and its management. They are the ones who deal with aliens, while the immigration board is dealing with approval and transfer issues.

Rep. Vailiuama Steve Leasiolagi echoed Fetu’s statement and told the witness that he does not support the bill. He said that there are not enough US Nationals living in the territory right now who can act as sponsors.

He said that he personally believes that the American Samoa Government should issue entry permits to any foreigner entering American Samoa, giving them the opportunity to come to our lands and enjoy the milk and honey that is flowing in the territory.

“Our island has many gifts from God and we should share with anybody who wants to come here and have a taste of the many blessings we have. Let’s do the right thing and give the opportunity to these people,” Vailiuama said.

Speaker of the House Savali Talavou Ale, along with Reps Andra Theresa Samoa and Avagafono Vaimaga Maiava supported the bill.

Savali told the witness that he supports the spirit of the bill, however, there are certain issues that need to be looked at, such as the issue of people entering the territory under the Special Provision and those who have P5 status.

Ala’ilima-Utu told the house committee that all immigration board members, except Vaetasi fully support the bill. He said he visited with them and explained to them the reason why this bill needs to be pass.

The AG explained that it’s a conflict of interest for someone who is a sponsor while at the same time serving as a board member to approve and review applications for those they sponsor.

Ala’ilima-Utu reminded the committee that if this bill is not going to pass, the Administration has another option — that is the establishing of an Administrative Rule to address this issue.