Can American Samoa Become U.S. Citizens?

Imagine living under the American flag yet not being a U.S. citizen by birth. This reality applies to the residents of American Samoa, the only unincorporated U.S. territory where people are considered U.S. nationals but not U.S. citizens. For decades, this has been a heated topic, sparking debates in courts and Congress. Should American Samoans automatically receive U.S. citizenship at birth, or is the current arrangement preferable for preserving their unique cultural identity? The answer isn't as straightforward as it may seem, and the implications stretch far beyond the borders of this small Pacific territory.

The Legal Status of American Samoa’s Residents

American Samoa, a group of islands in the Pacific Ocean, has been a U.S. territory since 1900. Unlike residents of Puerto Rico, Guam, or the U.S. Virgin Islands, people born in American Samoa are U.S. nationals, not citizens. What does that mean exactly? It’s a nuanced distinction, one that affects their rights and privileges significantly. U.S. nationals can live and work anywhere in the United States, but they cannot vote in federal elections, run for public office, or serve on juries unless they undergo the naturalization process to become U.S. citizens. They hold U.S. passports but are subject to this non-citizen status.

This arrangement was formalized by the U.S. government through the Insular Cases, a series of Supreme Court decisions that effectively categorized American Samoa as an unincorporated territory. These rulings allowed the U.S. government to apply only selective parts of the U.S. Constitution to American Samoa. As a result, the residents do not enjoy automatic U.S. citizenship by birth, a situation that many legal scholars and human rights advocates argue is outdated and discriminatory.

Court Battles and Citizenship Claims

Over the years, the debate over U.S. citizenship for American Samoans has surfaced repeatedly. In recent years, several legal challenges have aimed to change this status. One of the most notable cases is Tuaua v. United States, where American Samoans argued in federal court that they should automatically receive U.S. citizenship under the 14th Amendment. The court ultimately ruled against them, reinforcing the idea that Congress has the authority to determine the citizenship status of those born in unincorporated territories like American Samoa.

However, the issue didn’t end there. In 2020, a U.S. District Court in Utah ruled in Fitisemanu v. United States that people born in American Samoa are, in fact, U.S. citizens under the Constitution. This ruling stirred significant controversy and was eventually put on hold pending appeal. Advocates argue that withholding citizenship violates the Equal Protection Clause of the Constitution, while opponents claim that forcing U.S. citizenship on American Samoa could erode the islands' cultural heritage and autonomy.

Cultural Identity vs. Citizenship

One of the key reasons why some American Samoans resist the automatic grant of U.S. citizenship lies in the preservation of their unique cultural and legal structures. American Samoa operates under a traditional system known as fa'a Samoa, which emphasizes family, land, and community ties. More than 90% of American Samoa’s land is communally owned, and many fear that automatic U.S. citizenship could challenge these communal land practices.

Additionally, the concept of citizenship is seen as a potential threat to American Samoa’s way of life. The U.S. government has largely respected local traditions, allowing American Samoa to maintain a high degree of autonomy. Becoming U.S. citizens might subject American Samoans to the full scope of the U.S. Constitution, possibly bringing legal challenges to these long-standing cultural practices, particularly in terms of land ownership and governance.

What Could Change?

If U.S. citizenship were granted to American Samoans at birth, the immediate legal landscape would shift dramatically. Firstly, they would be able to vote in federal elections, a significant change for a population that has long been politically marginalized. They could run for office, serve on juries, and have a fuller voice in the U.S. democratic process. Many believe that this would finally rectify what they see as a historical injustice.

On the flip side, opponents of automatic citizenship worry about the unintended consequences. Citizenship might bring increased federal oversight, which could potentially conflict with the current system that allows American Samoans to manage their own affairs. The communal land ownership system, deeply ingrained in Samoan culture, could face scrutiny or legal challenges under the broader U.S. legal framework. This has led to a philosophical divide, where some see citizenship as a path to full rights and integration, while others view it as a threat to their cultural identity and autonomy.

Path to Citizenship for American Samoans

American Samoans currently have a pathway to U.S. citizenship, though it is not automatic. If they move to another part of the United States, they can apply for naturalization after living there for a few months. However, this process is not without its challenges. The application for naturalization is time-consuming and expensive, requiring knowledge of U.S. history, government, and language. It’s a process that many American Samoans feel they shouldn’t have to undergo, especially given their long-standing association with the United States.

The current system places them in a kind of legal limbo. While they enjoy some of the rights of U.S. citizens, such as the ability to travel freely within the U.S. and hold U.S. passports, they do not enjoy the full spectrum of citizenship rights, which many argue is inherently unjust.

The Role of Congress

Ultimately, any decision regarding the citizenship status of American Samoans lies with Congress. As of now, Congress has not passed any legislation to change the status of American Samoa's residents. However, the increasing number of court cases and the growing attention on this issue could push lawmakers to reconsider the current system. Some advocates are calling for a congressional mandate to grant automatic citizenship, while others propose maintaining the option for American Samoans to choose whether or not they want to become U.S. citizens.

Congress has a long history of deciding the fate of U.S. territories. In the past, it has granted citizenship to residents of other territories like Puerto Rico and Guam. However, each territory’s circumstances are unique, and American Samoa’s cultural concerns add a layer of complexity to the decision-making process.

Conclusion: What’s Next for American Samoa?

The question of whether American Samoa should become U.S. citizens is more than a legal debate—it’s a conversation about identity, culture, and the future of a unique people. For now, American Samoans remain U.S. nationals, with all the benefits and limitations that come with that status. Whether that will change in the near future depends on ongoing court battles, potential congressional action, and, most importantly, the voices of the American Samoan people themselves.

While some see U.S. citizenship as a right that should be automatically granted, others worry about the potential costs to their autonomy and traditional way of life. The issue is far from resolved, and as American Samoa’s relationship with the U.S. continues to evolve, the debate over citizenship will remain at the forefront of discussions about the territory’s future.