Attorney General Fainuulelei Ala’ilima Utu has responded to concerns raised by Representative Alailepule Benjamin Vaivao about the extension of the entry permit waiver for citizens of Samoa traveling to the territory from 7 to 10 days.
Alailepule said because travelers under the permit waiver program are not required to provide police reports this may lead to those with criminal backgrounds entering the territory.
He pointed out that most of the inmates at the Territorial Correctional Facility are citizens of Samoa. The faipule also felt the Fono should have been consulted before the permit waiver was extended to 10 days.
The Attorney General explained that prior to Samoa citizens being added to the American Samoa Entry Permit Waiver (EPW) program in October 2023, there were forty five countries whose citizens have been in the American Samoa EPW program since about 2017, and they are allowed to stay in American Samoa for up to 30 without police clearances.
He said requiring police clearances for only citizens of Samoa traveling to American Samoa for ten day visits under the program could result in the Samoa Government also requiring police clearances for U.S. nationals traveling to Samoa for ten day visits.
Alailima-Utu told KHJ News they are monitoring the entry permit waiver program for Samoa citizens and at this time, there is no need for police clearances for Samoa citizens traveling to American Samoa under the entry permit waiver program for ten day visits.
The AG said legislators were invited to the Atoa o Samoa meetings when both governments agreed to the entry permit waiver program and the extension of the seven days to ten days stay.
He explained that the amendment to the administrative rule to extend the stay of Samoa citizens from seven days to ten days was adopted pursuant to the Administrative Procedures Act (APA).
Said the AG, “Not one person submitted a comment during the APA process opposing the extension of stay from seven days to ten days for Samoa citizens under the EPW program. The proposed amendment was published in the KVZK-TV news, Department of Legal Affairs website and American Samoa Government website.”
Ala’ilima-Utu said, “I have a lot of respect for the Fono and our local legislators and I appreciate their advice and guidance. The APA process, which was also adopted thru Fono legislation, does not interfere with the Fono’s authority to make laws.”
The AG disputed the faipule’s statement that the majority of inmates at the TCF are citizens of Samoa.
He said the percentage of Samoa citizens in the TCF inmate population is lower than the majority percentage mentioned in the KHJ News article of August 16.
He pointed out that ASG has returned to Samoa at least 20 inmates, who are citizens of Samoa, in the first three months of 2024, “Which is a very large number in a three month period compared to past years. Furthermore, the total number of TCF inmates has significantly been reduced compared to the number of TCF inmates in 2023.”
