Unfortunately, yes. This problem is not limited to Alaska, but could affect American Samoans throughout the United States.

 In Oregon, hundreds of American Samoans were automatically registered to vote after lawfully applying for a drivers’ license or state identification cards. In Hawaii, an American Samoan woman who was the favorite to win a seat in the State House had to drop out of the race and faced potential criminal prosecution based on her belief she was eligible to vote and run for office. The U.S. Department of Justice has made prosecution of non-citizen voters one of its top enforcement priorities, with over 90 open investigations, which could put American Samoans at risk of criminal prosecution regardless what state they live in.

 But the problem goes beyond voting. Because federal and state laws are so often unclear about whether “non-citizen” U.S. nationals enjoy the same rights as “citizen” U.S. nationals, confused public officials often give American Samoans incorrect or conflicting guidance. As a result, many American Samoans unknowingly engage in conduct that states or the federal government consider unlawful for “non-citizen” U.S. nationals that would be perfectly legal for a U.S. citizen. That could lead to criminal prosecution at the state or federal level.

 Ultimately, because the federal government unconstitutionally labels American Samoans as “non-citizen” U.S. nationals, American Samoan throughout the United States could face serious risks of potential state or federal criminal prosecution.