The State of Alaska is criminally prosecuting Tupe Smith, her husband Michael Pese, and eight other American Samoans because they are labeled “non-citizen” U.S. nationals by the federal government.

 In 2023, Alaska State Troopers handcuffed Tupe at home in front of her young children. Later, she was strip searched and forced to wear a prison uniform while being criminally processed.  In 2024, dozens of Alaska State Troopers descended on Whittier, Alaska, in a raid that targeted American Samoans in their homes, places of work, and even in the street. Seemingly unaware of American Samoa’s legal status as a U.S. territory, the State Troopers targeted them because their “place of birth was outside of the United States.” The Troopers asked about their “immigration status” and whether they had applied for state benefits, even though they were eligible for those benefits. Tupe and Michael now face up to 5-10 years in jail if convicted.

 The reason Alaska is criminally prosecuting Tupe and Michael is that the federal government unconstitutionally labels people born in American Samoa as “non-citizen” U.S. nationals. This discriminatory status was imposed on American Samoans in the early 1900s over the objections of those who signed the Deeds of Cession. Those leaders believed that after transferring full sovereignty to the United States that all American Samoans would be recognized as full U.S. citizens. They did not see U.S. citizenship as a threat to their land or culture.

 Anyone born in one of the fifty states or another territory like Guam or Puerto Rico is automatically recognized as both a U.S. citizen and a U.S. national. Thus, if Tupe and Michael were born anywhere else in the United States, they would not be facing potential jail time.

Read more at our case pages for Alaska v. Smith and Alaska v. Pese, including this motion to dismiss the charges filed against Michael.