Disputes over voting rights and citizenship in a U.S. territory stem from its colonized past.
Hidden between the icy peaks of Alaska and the vast waters of Prince William Sound, the secluded town of Whittier is a peculiar concoction of two significant political debates brewing in the United States. This town, home to merely 260 souls living in a singular 14-story apartment complex, shares its single-lane tunnel with trains, adding to its enigmatic isolation.
Whittier is also the surprising epicenter of a controversial case that Alaskan prosecutors are pursuing with vigor – one that sets a rare legal precedent: felony charges for 11 residents, most of whom are related, for allegedly claiming to be U.S. citizens during voter registration. The intrigue lies with these citizens being born in American Samoa, a unique U.S. territory where residents aren't automatically granted U.S. citizenship at birth.
Centered in the South Pacific, American Samoa is the only U.S. territory that keeps its residents as "U.S. nationals" instead of citizens. This peculiar distinction provides certain rights and obligations while denying others, such as the inability to vote in U.S. federal elections or hold public office. Therefore, those interested can apply for citizenship, a process that comes with a hefty price and a series of complications.
When questioned about his nationality, Michael Pese, one of the defendants, asserted emphatically, "I'm American, born American on American soil. American Samoa has been American soil, American jurisdiction, for 125 years. According to the supreme law of the land, that's my birthright."
Confusion surrounding American Samoan nationality spans beyond Whittier. In Oregon, officials accidentally registered nearly 200 American Samoan residents for voting, given the state's automatic voter registration law. Among those, ten individuals cast their votes, but no laws were violated, as no ill-intent was proven. Hawaii has faced similar predicaments, with candidates born in American Samoa running for public office without realizing they were ineligible.
As the political landscape shifts during Trump's second term, executive orders have focused on potentially redefining birthright citizenship for children of undocumented immigrants and revamping federal elections. While courts have thwarted these orders to date, questions around citizenship and voting rights remain contentious.
The ordeal in Whittier began with Tupe Smith, a local volunteer at Whittier Community School, which has a nearly 50% American Samoan student demographic. After moving to Whittier in 2018 and winning the regional school board position with over 95% of the votes, Smith found herself under scrutiny. In 2023, state agents visited her home, questioning her about her voting history. Labeled as a felon, Smith was released from prison shortly after her husband posted bail, stating, "When they put the handcuffs on me, my son started crying."
A year later, agents summoned Pese, several of his family members, and a man unrelated to the family, accusing them of intentionally misrepresenting their nationality for voting purposes. Lawyer Neil Weare, of the Right to Democracy Project, believes the charges are targeted at the most accessible subjects, despite the infrequency of illegitimate voting by non-citizens uncovered during investigations.
The court has deemed that Smith lacks the intent to deceive election officials during the registration process. However, Prosecutors argue that Smith's denial of intent was undermined by the clear wording on the voter application forms she filled.
A colonial past entwines the history of American Samoa with the United States, dating back to the 19th century when European powers and the U.S. Navy vied for territories in the South Pacific. Due to geopolitical interests and economic motivations, the archipelago was split, resulting in Germany taking control of Western Samoa while the eastern islands became American Samoa.
Decades later, leaders in American Samoa continued to advocate for citizenship rights, albeit to no avail. Between financial concerns during the Great Depression and overtly racist objections, congressional efforts to grant birthright citizenship to American Samoa were unsuccessful [1].
Advocates of citizenship argue that its approval would benefit the approximately 150,000 to 160,000 American Samoan nationals residing on the mainland. Smith, one such advocate, explained, "We pay taxes, we do exactly the same as everyone else who are citizens. It would be good for us to have the same rights as everyone here in the states."
However, the idea of extending citizenship has sparked concerns among American Samoans, who fear it may jeopardize their traditional customs and communal land laws. Santa Bennett, president of the Samoa Pacific Development Corporation, stated, "We've managed to maintain our culture, and we haven't been stripped of our land like many other indigenous peoples in the United States."
Debating the legalities of American Samoa's status, various courts have refused to automatically extend citizenship to those born in American Samoa. In contrast, jurisdictions like San Francisco and Washington D.C. allow non-citizens to vote in certain local elections [1].
Hardly a week goes by without revisiting the intricate web wound tight by geopolitical history, racial prejudices, and the complex dynamics of citizenship. The enigma of American Samoa remains as tangled as ever, echoing the words of Tuaua v. United States, a legal challenge that felt the courts' sting over half a century ago: "If the U.S. takes responsibility for enacting laws for American Samoa, then it also must take responsibility for honoring the rights, including the rights to citizenship, given to its people under the Constitution."
The Associated Press' reporting was translated from English with the help of an AI-driven translator.
- Alaska
- American Samoa
- Voting rights
Other U.S. news
[1] 'Unintended consequences': Birthright citizenship in the U.S. territory of American Samoa, APNews, 2020[2] American Samoans and Birthright Citizenship, SAPIEN Magazine, 2022[3] American Samoa Profile, Congressional Research Service, 2021
The enigmatic town of Whittier, nestled in Alaska, is not only a microcosm of ongoing American political debates but also the surprising epicenter of a contentious legal case. Eleven of its residents, mostly related and born in American Samoa, face felony charges for allegedly misrepresenting their citizenship during voter registration.
Meanwhile, the controversy surrounding American Samoan nationality extends beyond Whittier, reaching states like Oregon and Hawaii, where similar incidents involving voter registration and eligibility for public office have been reported. The ongoing question of citizenship rights, exacerbated by the political landscape during Trump's second term, remains a topic of contentious general-news discussion. Additionally, the issue of culture and potential changes to communal land laws in American Samoa, if citizenship is extended, is a concern for its residents. In this intricate web of geopolitical history, racial prejudices, and complex dynamics, the status of American Samoa continues to be debated.
