State Ignores Trump v. Barbara Decision as it Continues to Argue American Samoa is Not “In the United States” for Purposes of Birthright Citizenship

 

Alaska’s ongoing criminal prosecution of American Samoans in Alaska took another turn with a new court filing calling out the state for failing to address the Supreme Court’s recent birthright citizenship decision in Trump v. Barbara. Alaska charged Michael Pese with felony voter misconduct and perjury in 2025 after he and his wife Tupe Smith were told by public officials to mark that they were a “U.S. citizen” on voter registration forms even as federal statutes continue to label them as only “U.S. nationals.” Michael Pese and Tupe Smith were both born in American Samoa — a U.S. territory since 1900. 

Michael Pese, his wife Tupe Smith, and two of their children in front of their apartment building in 2024

In April, Mr. Pese argued his case should be dismissed on the grounds that because American Samoa is “in the United States” as that term is understood in the Citizenship Clause of the Fourteenth Amendment, neither Congress nor the State of Alaska have the power to deny him recognition as a U.S. citizen. The State filed its opposition after the Supreme Court decided the landmark Trump v. Barbara decision holding that “[a] child born on American soil and subject to American law” is “an American citizen.” Nonetheless, as highlighted in a reply brief filed by Mr. Pese today, the state failed to mention, much less address, the Supreme Court’s decision in Barbara.

“It is highly unusual for prosecutors to completely ignore Supreme Court rulings that bear on questions central to their criminal case, especially ones as recent and clear as the Trump v. Barbara decision,” said Neil Weare, Co-Director of Right to Democracy, who is part of the legal team representing Michael Pese and his wife Tupe Smith. “The Supreme Court’s decision in Barbara underlines why neither state nor federal officials have the power to deny citizenship to someone born on U.S. soil, whether in a state or territory.”

“As we explain in our court filing, when American Samoa’s leaders signed the Deeds of Cession transferring sovereignty to the United States, they believed that would mean they would automatically be recognized as U.S. citizens. The Barbara decision shows why they were right and the federal government’s subsequent imposition of ‘non-citizen’ U.S. national status is unconstitutional,” said Charles Ala’ilima, an American Samoan attorney who also represents Ms. Smith and Mr. Pese. “We also highlight in our brief how fears that recognition of U.S. citizenship could threaten American Samoa’s land and culture were initially instilled by the U.S. Navy as a way to prolong their control and power. Even the legal scholarship cited by the state does not support those fears.”

“Our family would like to be able to go to bed at night not having to worry about whether our kids will have one or both of us taken away to prison simply for following the guidance we were told,” said Michael Pese. “Beyond that, we hope the court will recognize that we should enjoy the same rights as anyone born on U.S. soil, including the right to vote and run for office.”

Last week, the Alaska Court of Appeals also issued a major ruling in the state’s prosecution of Mr. Pese’s wife, Tupe Smith, requiring that the state prove  a "consciousness of wrongdoing” to proceed with any charges for voter misconduct. The decision also expressly questioned whether the state could include perjury charges on top of voter misconduct charges, as it has done in Mr. Pese’s case.

Michael Pese is also represented by Stoel Rives and Dresner Zelinsky.

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