WHITTIER, Alaska — In a small town in Alaska, a legal conundrum has arisen: 11 individuals born on U.S. soil in American Samoa are facing criminal charges for participating in elections. Although they have the right to U.S. passports and can serve in the military, these individuals are not automatically considered U.S. citizens at birth, as American Samoa is unique among U.S. territories in that regard.
The group, whose ages range from the 20s to the 60s, is accused of falsely claiming U.S. citizenship when they attempted to vote. This case sheds light on ongoing discussions about voter fraud involving non-citizens and challenges related to the definition of birthright citizenship, particularly as some political leaders seek to limit these rights.
The legal proceedings began with Tupe Smith in 2023, after she ran unopposed for a seat on the regional school board in her town of Whittier — a usual stop for cruise ships. It wasn’t until after winning that Smith discovered she was ineligible to hold office due to her non-citizen status. Smith had misunderstood her voting rights, believing she could vote in local elections and claims she had disclosed her status as a U.S. national during the voter registration process. However, forms she filled out in prior years clearly stated that non-citizens couldn’t proceed.
A subsequent investigation led to charges against Smith’s husband and nine other American Samoans, predicated on the belief that false citizenship was claimed with intent. Smith is appealing her charges, while the state continues with its cases against others.
This matter brings to the forefront the citizenship status of American Samoans — the only U.S. territory where automatic citizenship is not granted at birth. Although American Samoa has been under U.S. jurisdiction since 1900, Congress never extended birthright citizenship to its residents. Some American Samoans oppose automatic citizenship, fearing it could impact cultural traditions, such as communal land ownership.
Despite American Samoans’ ability to serve in the military and obtain U.S. passports, they can only participate in local elections within their territory, and can’t vote in federal elections unless they reside in a U.S. state. The unique status of American Samoans was reinforced by the 10th U.S. Circuit Court of Appeals in 2021, and the Supreme Court declined to hear the matter.
These prosecutions in Alaska are viewed by some as unprecedented, and critics argue it targets a demographic where evidence of large-scale illegal voting is virtually non-existent. Other states have encountered similar issues but have generally opted not to prosecute. For instance, Oregon inadvertently registered almost 200 American Samoans to vote under a motor-voter law, but those who voted were found not to have acted illegally. Similarly, in Hawaii, an American Samoan found herself nearly running for state office without realizing the restrictions on her participation.
American Samoans can become U.S. citizens, which grants them full voting rights and job eligibility in roles requiring citizenship. However, this process is difficult and expensive. In response, U.S. Representative Aumua Amata Coleman Radewagen has proposed legislation to facilitate naturalization for American Samoans, which includes waiving certain fees and interview requirements. This proposal aims to respect the wishes of American Samoans while providing a smoother path to citizenship for those who seek it.