Over the last decade, the American Samoan government intervened to oppose judicial recognition of a constitutional right to U.S. citizenship. Their court filings agreed with the U.S. Department of Justice that the question of citizenship in American Samoa is left to Congress. The Fono has passed a resolution supporting that same view. 

The concerns expressed by these officials in American Samoa are grounded in the fear that citizenship would affect American Samoa’s land preservation laws, matai system, and other cultural practices. They mistakenly believe that if citizenship is recognized these laws and practices would no longer be constitutional. Yet over the course of more than a decade and dozens of court filings, these American Samoan officials have yet to explain exactly how recognition of citizenship would actually threaten American Samoa’s laws or cultural practices, other than appealing to fear. They have also not explained how “non-citizen” U.S. national serves to protect American Samoa’s land and culture. 

Just as U.S. citizenship does not pose a threat to the preservation of land and culture in American Samoa, neither does “non-citizen” national status serve as a shield to protect American Samoa from unilateral federal action, as demonstrated by the recent imposition of deep sea mining over the objections of American Samoa’s leaders. 

This opposition to a right to citizenship also ignores the understanding American Samoa’s leaders had when they signed the Deeds of Cession that they would be recognized as citizens. It also disregards decades of effective advocacy by American Samoa’s leaders, including the Fono, for Congress to recognize American Samoans as full U.S. citizens. They have yet to address why they disagree with decades of consensus among American Samoa’s leaders from 1900-1960.

The consequences of this opposition are now being seen as American Samoans in Alaska and other states risk criminal prosecution as a result of being labeled “non-citizen” U.S. nationals. This status also limits job opportunities, including in the U.S. military. 

Right to Democracy and the American Samoans we represent agree with American Samoa’s officials on the importance of protecting American Samoa’s land and culture. The only disagreements are whether a constitutional right to citizenship threatens any of that, and whether American Samoa’s leaders who signed the Deeds of Cession were correct that by transferring sovereignty to the United States they would have a right to U.S. citizenship.