American Samoa Governor Pulaali’i Nikolao Pula and Congresswoman Uifa’atali Aumua Amata Radewagen have both called on Alaska Governor Michael Dunleavy to pursue administrative solutions rather than criminally prosecute American Samoans in Alaska based on their status as “non-citizen” U.S. nationals. So far, those calls have fallen on deaf ears, with Alaska continuing to aggressively prosecute Tupe, Michael, and other American Samoans.

Governor Pula explained in his letter: 

This issue is personal for me. Before being elected to serve as Governor of American Samoa, I proudly served more than 4 decades in the Federal government. As part of my work with Interior, I was required to apply for a national security clearance. The form only provided the choice of “U.S. citizen” or “Foreign National.” I checked “U.S. citizen,” despite only being recognized by the federal government as a U.S. national. During my security clearance interview, they asked me why I checked “U.S. citizen” when I was not recognized as one. My answer was that I was born on U.S. soil in American Samoa; was taught that George Washington was the father of my country, and I pledged allegiance to the flag of the United States of America my entire life. It not only would have been inaccurate to say that I was a “foreign national,” but it would have erased my identity as both a proud American and a proud American Samoan. Needless to say, I got my security clearance, was not disciplined for checking the box that I was a “U.S. Citizen,” and went on to serve a distinguished career in federal service, and am now the elected Governor of my people.

I am proud of the value American Samoans place on being of service to their family and community, whether they live in American Samoa, Alaska or anywhere else in the United States. Our sons and daughters serve in the U.S. armed forces at higher rates than any other U.S. jurisdiction, and often serve as first responders, teachers, community leaders and more. I do not think members of our community should be facing criminal charges, much less 5-10 years in jail, simply for checking the wrong box or based on where they were born in the United States.

Congresswoman Amata explained in her letter:

Americans born in our territory have the same U.S. nationality and legal duty of allegiance to the United States as all other Americans. The allegiance of nationals and citizens from American Samoa nationwide is expressed in the fierce American patriotism of our island people, including what has for many years been a higher per capita rate of enlistment in the Armed Forces of the United States than any state or other territory. 

[U]nder 8 U.S.C. 1436 all Americans born and acquiring U.S. nationality in American Samoa can upon establishment of legal residence in a state apply for reclassification and certification as a U.S. citizen. This protocol as prescribed in federal law is confusing because it refers to what is really a process for reclassification and recognition of citizenship as “naturalization,” and makes allegiance to America a condition for compliance. Of course, American Samoans have U.S. nationality and allegiance with the U.S. under 8 U.S.C. 1408. 

Given the complexity of these state and federal civic status issues, it is no surprise the local state voters education information for state election officials or American Samoan national voter applicants did not alert those involved to the specifics of the voter qualification process. Under these circumstances, naturally I have doubts that American Samoans who registered to vote did so with knowledge that they had no claim of legal qualification to vote. 

 Read the full letters from Governor Pula and Congresswoman Amata, as well as a letter from the Pacific Community of Alaska, here.