American Samoa: Understanding the Unique U.S. Citizenship Status

Imagine growing up in a place that is under the jurisdiction of the United States, but still, you aren't considered a U.S. citizen. This is the reality for people born in American Samoa. Unlike those born in the 50 U.S. states or other U.S. territories like Puerto Rico, American Samoans are given a distinct status known as U.S. nationals, not U.S. citizens. This difference is subtle yet significant, shaping the identity, rights, and experiences of the people in this unique Pacific island territory. While they live under the American flag, vote in local elections, and even serve in the U.S. military at one of the highest rates per capita, American Samoans face limitations in terms of rights on the mainland. For example, they cannot vote in U.S. presidential elections, and if they move to a U.S. state, they must undergo the naturalization process to become full citizens.

So, why does this distinction exist, and what are its implications for the people of American Samoa? The answer lies deep in American legal history and the relationship between the U.S. and its territories.

The Roots of the Issue: U.S. Territories and the Insular Cases

The legal status of American Samoa and its people is rooted in a series of Supreme Court decisions from the early 1900s known as the Insular Cases. These rulings determined that the Constitution does not fully apply to all U.S. territories. Instead, territories like American Samoa were classified as "unincorporated," meaning they are part of the United States but do not have all the same rights and protections as other areas.

Under these decisions, Congress was given the power to decide which constitutional rights applied to unincorporated territories. American Samoa, which became a U.S. territory in 1900, was affected by these rulings. Over time, Congress established that people born in American Samoa would be U.S. nationals, a classification distinct from U.S. citizens. This designation essentially makes them citizens of American Samoa first and nationals of the U.S. second.

Differences Between U.S. Nationals and U.S. Citizens

At first glance, the difference between a U.S. national and a U.S. citizen may seem minor. Both groups can live in the U.S., work in federal jobs, and serve in the military. However, the gap becomes clear when considering political rights and certain legal protections. Below is a comparison of some of the rights and privileges held by U.S. nationals and U.S. citizens.

Right/Privilege	U.S. National (American Samoan)	U.S. Citizen
Can live and work in the U.S.	Yes	Yes
Serve in the U.S. military	Yes	Yes
Hold a U.S. passport	Yes	Yes
Vote in local U.S. elections	No	Yes
Vote in U.S. presidential elections	No	Yes
Run for federal office	No	Yes
Automatic right to citizenship for children born abroad	No	Yes
Need to naturalize to become a citizen	Yes (if living in a U.S. state)	No

As shown in the table, American Samoans lack certain rights, such as the ability to vote in federal elections or automatically pass U.S. citizenship to their children born outside the territory. This distinction creates a sense of second-class status for many American Samoans, who may feel both tied to and separated from the United States at the same time.

Cultural and Legal Factors Behind the Status

One of the reasons for the unique status of American Samoans is the desire to preserve their distinct cultural practices. The people of American Samoa have a deeply rooted culture, called the Fa'a Samoa, which emphasizes community, respect for elders, and communal land ownership. There has been concern that full U.S. citizenship could lead to a breakdown of this traditional way of life, particularly in terms of land ownership laws.

Under Fa'a Samoa, over 90% of land in American Samoa is communally owned, which stands in contrast to U.S. property law. Granting American Samoans full citizenship might pressure the territory to conform to broader American legal standards, which could disrupt these unique practices. As a result, many American Samoans, including some political leaders, have supported maintaining the current national status to protect their cultural identity.

However, others feel that this arrangement leaves them at a disadvantage. In 2018, a group of American Samoans filed a lawsuit arguing that their designation as U.S. nationals is unconstitutional and that they should be granted full citizenship by birthright. This case, Fitisemanu v. United States, highlights the tension between cultural preservation and the desire for equal rights.

The Road to Citizenship: Naturalization Process

While American Samoans are U.S. nationals, they do have the option to apply for U.S. citizenship. However, this is not an automatic process, and it comes with its own challenges. The naturalization process requires that American Samoans live in a U.S. state or territory (other than American Samoa) for a certain period, demonstrate good moral character, pass an English language test, and pass a U.S. civics test.

This process can be seen as burdensome by many American Samoans who already feel a deep connection to the United States. Why should they have to prove their loyalty and understanding of the U.S. when they have already served in its military or lived under its flag their entire lives? This question has been at the heart of many legal challenges and debates over the years.

What the Future Holds

The future of American Samoa's citizenship status remains uncertain. The outcome of legal challenges like Fitisemanu v. United States could fundamentally change the relationship between American Samoa and the U.S. If the courts rule in favor of the plaintiffs, it could set a precedent for American Samoans to be recognized as full U.S. citizens without needing to undergo naturalization.

On the other hand, many American Samoans continue to support the current system, emphasizing the importance of protecting their cultural identity and autonomy. The U.S. government has also been reluctant to change the status quo, in part due to the potential implications for other U.S. territories, as well as concerns about the impact on American Samoa’s traditional land ownership and governance structures.

Ultimately, the question of American Samoa’s citizenship status is not just a legal issue but a deeply personal one. For many American Samoans, the debate comes down to balancing their desire for equal rights with their commitment to preserving their unique culture and way of life.

In the end, it’s this balance that will likely shape the future of American Samoa’s relationship with the United States—whether through the courts, Congress, or ongoing dialogue within the territory itself. Whatever the outcome, the people of American Samoa will continue to navigate the complexities of their unique status, living as nationals of the United States in name, but perhaps something more in spirit.