Are People from American Samoa U.S. Citizens?

Imagine being born in a U.S. territory yet not having automatic U.S. citizenship — sounds paradoxical, right? Welcome to American Samoa, a unique case in the U.S. territorial landscape. While most Americans are familiar with the fact that territories like Puerto Rico and Guam grant U.S. citizenship to their residents, the same is not true for American Samoa. This is where the distinction between "U.S. nationals" and "U.S. citizens" becomes crucial, and it's a critical piece of legislation and policy that many Americans — even some policymakers — might not fully grasp.

So, what exactly does it mean for someone born in American Samoa?

Well, unlike citizens of other U.S. territories, people born in American Samoa are not automatically granted U.S. citizenship. Instead, they are classified as "U.S. nationals." This classification means that while they owe allegiance to the United States and have the right to live and work in the U.S., they do not enjoy all the rights that come with full U.S. citizenship. For example, they cannot vote in federal elections, run for certain public offices, or hold some government jobs that require citizenship.

This leads us to the heart of the issue: Why are American Samoans U.S. nationals and not U.S. citizens?

The answer lies in a complex historical and legal framework. American Samoa became a U.S. territory in 1900, but unlike other territories, the U.S. Congress has never passed legislation granting its residents full citizenship. The main legal justification for this status is the series of Supreme Court rulings known as the Insular Cases, which determined that certain U.S. territories were "unincorporated" — meaning the full Constitution does not automatically apply. Under these cases, Congress has the power to decide which constitutional rights apply to the territories and which do not. This legal reasoning has left American Samoans in a unique position compared to other U.S. territories.

To make things more complex, not all American Samoans agree that they should be granted U.S. citizenship. Some community members are concerned that changing their status might affect their culture and autonomy. American Samoa has a unique system of land ownership and governance that emphasizes communal property and traditional leadership roles. Some fear that U.S. citizenship might lead to changes in these systems.

Yet, the lack of full citizenship brings real-world challenges for American Samoans.

For one, American Samoans living in the mainland U.S. have to navigate a maze of bureaucratic hurdles. Despite being able to live and work in the U.S. without a visa, they must go through the naturalization process to become full citizens if they want to vote in federal elections or enjoy other rights of citizenship. Additionally, American Samoans serving in the U.S. military — a significant number of whom have — face limitations on their ability to hold certain positions or take advantage of some military benefits unless they become citizens.

Interestingly, efforts to change the status of American Samoans have been made in the courts. In 2020, a federal judge ruled in a case called Fitisemanu v. United States that people born in American Samoa should be considered U.S. citizens at birth. However, the ruling was stayed pending appeal, and the case remains in limbo as it moves through the courts. If this decision is upheld, it could have a transformative impact on the people of American Samoa, granting them the same citizenship rights as people born in other U.S. territories.

The cultural debate over citizenship is also important.

For some American Samoans, maintaining the status quo is seen as essential to preserving their way of life. They argue that U.S. citizenship might bring unwelcome federal oversight into their traditional cultural practices. American Samoa operates under a unique legal system where land is communally owned, and local chiefs (known as matai) hold significant authority. This system is enshrined in the territory's constitution, which places a strong emphasis on the protection of Samoan customs (fa'a Samoa).

Changing the citizenship status could open up challenges to these traditional practices. For example, U.S. constitutional protections around property rights might make it easier for non-Samoans to purchase land in American Samoa, potentially disrupting the communal land ownership system. Moreover, some fear that U.S. citizenship could bring with it more stringent federal laws and regulations that could override local traditions and governance structures.

But what about the practical side of being a U.S. national?

For the average American Samoan, being a U.S. national means they can apply for a U.S. passport and travel freely between American Samoa and the mainland United States. However, when it comes to civic participation, there are restrictions. U.S. nationals cannot vote in federal elections, although they can vote in local elections in the territory. If they move to the mainland, they can only become full citizens through the naturalization process, which includes passing a citizenship test and meeting residency requirements — a process that takes years.

In addition, U.S. nationals are excluded from certain government jobs and positions that require citizenship. For example, they cannot work for certain agencies like the FBI or in other roles where U.S. citizenship is a requirement. This can limit career opportunities for American Samoans who aspire to these positions.

Yet, some American Samoans embrace the opportunity to become U.S. citizens through naturalization.

For those living on the mainland, the naturalization process is a common path to full citizenship. Many American Samoans serve in the U.S. military and see naturalization as a way to access the full range of benefits available to veterans. Others want the ability to vote in federal elections or run for office. Despite these incentives, the process is not automatic, and many American Samoans feel that they should be granted citizenship by birthright, just like residents of other U.S. territories.

In conclusion, American Samoa occupies a unique position within the United States. Its people are U.S. nationals, not citizens, and while they enjoy many of the benefits of living under the U.S. flag, they do not have all the rights and privileges that come with full citizenship. The debate over whether to grant citizenship to American Samoans is ongoing, and the outcome could have significant implications not just for the people of American Samoa but for the U.S. territories as a whole. As the legal battles continue, one thing is clear: the question of citizenship in American Samoa is far from settled.