Alaska v. Pese

STATUS: Active — Motion to Dismiss Pending 

COURT: Alaska Superior Court 

OVERVIEW

Michael Pese was born in American Samoa and now lives in Whittier, Alaska. Like his wife, Tupe Smith — who is also being prosecuted by the State of Alaska — Michael followed the guidance of local officials and checked the “U.S. citizen” box on state forms, because no box for “U.S. national” existed. Alaska is now pursuing multiple felony charges of perjury and voter misconduct against him and other family members. A conviction could mean up to 5–10 years in prison.

On April 2, 2026, the day after the U.S. Supreme Court heard oral argument in Trump v. Barbara on the meaning of the Citizenship Clause of the Fourteenth Amendment, Right to Democracy and its partners filed a motion to dismiss all charges on the grounds that Michael is a U.S. citizen because for more than 125 years American Samoa has been “in the United States” and “subject to the jurisdiction thereof.” 

The motion to dismiss asks the court to apply the plain text and history of the Fourteenth Amendment: anyone born under the sovereignty and jurisdiction of the United States has a constitutional right to citizenship. 

WHY THIS CASE MATTERS

The federal government's classification of American Samoans as “nationals, but not citizens” was imposed in the 1920s over the objection of American Samoan leaders, including some of those who signed the Deeds of Cession. It reflects the same colonial logic that the Insular Cases enshrined into law — that Congress can impose its will on the people of island territories regardless what they think or want or what the Constitution says. Michael’s ongoing prosecution demonstrates how this 125 year old colonial legal framework continues to harm people from U.S. territories today.

VOICES FROM THE CASE

“We have gone from feeling like valued members of the community to feeling like unwanted criminals.” — Michael Pese

"The Constitution is clear. If you are born under the sovereignty and jurisdiction of the United States, as Michael Pese was, you have a right to citizenship, full stop. No president, congress, or state official has the power to change that." — Neil Weare, Co-Director, Right to Democracy

"So long as the people of American Samoa continue to choose to be under the U.S. flag — as they have for the last 125 years — the Constitution gives people born in American Samoa the right to U.S. citizenship. Federal officials imposed the status of 'non-citizen' U.S. national on American Samoans in the 1920s over the unanimous objections of their leaders at that time. This denial of citizenship was as unconstitutional then as it remains today." — Charles Ala'ilima, American Samoan Attorney and co-counsel

CASE MATERIALS:

  • Motion to dismiss is available here.
  • Amicus Brief is available here. 

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NEWS COVERAGE

ADDITIONAL RESOURCES