Public officials in Alaska, like those in many states, are deeply confused by the label of “non-citizen” U.S. national, which was invented by the federal government and imposed on people in U.S. territories in the early 1900s. That’s no surprise. The law is extremely confusing. Indeed, most lawmakers are simply unaware the concept of “non-citizen” U.S. national even exists.

 In some cases, Alaska law defines people born in American Samoa as “U.S. citizens” for the purpose of certain state benefits. In other cases, state law treats U.S. nationals as having equal rights to U.S. citizens. However, many rights and benefits under state law are reserved for U.S. citizens alone, making “non-citizen” U.S.nationals ineligible.Further, Alaska’s Senior Benefits Payment Program, along with several other social welfare programs, are open to certain foreign nationals but altogether denied to “non-citizen” U.S. nationals born in American Samoa. State guidance on what rights and benefits “non-citizen” U.S. nationals are entitled to is either inconsistent or non-existent.

 Making things even more confusing, when American Samoans apply for certain state benefits in Alaska, they are automatically registered to vote even when they indicate they are a “non-citizen” U.S. national. Confused public officials have also told American Samoans to check they are “U.S. citizens” on state forms - including voter registration forms - in the absence of a box for “U.S. national,” telling them “it’s the same thing.” 

 Both Tupe and Michael were told by public officials to check that they were “U.S. citizens” on state forms, even after they both told the officials they were “U.S. nationals.” City officials in Whittier admitted they told American Samoans in their community that they could vote and run for office. 

 After Tupe accepted the call of her community in Whittier to run for the local school board and won (with 96% of the vote!), Alaska arrested her for “voter misconduct” on the grounds that she is a “non-citizen” U.S. national. She now faces two counts of up to five years in jail. Michael, who for years served as a volunteer firefighter in Whittier, is being prosecuted for both voter misconduct and “perjury,” which carries up to ten years in jail. All because the federal government unconstitutionally labels them as U.S. nationals but not U.S. citizens and the state government refuses to follow what the Citizenship Clause requires.

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