Disputes over voting rights and citizenship in a U.S. territory expose its colonial past.
Spinning Tides: Fighting for U.S. Rights in America's Miniscule Crossroads
Nestled between glacier-filled mountains and Alaska's Prince William Sound, the tiny cruise destination of Whittier finds itself at the epicenter of two major debates in the U.S. - the battle over immigration and citizenship, and the fraudulent claims regarding noncitizen voter widespread fraud.
In a shocking legal first, Alaska authorities are pursuing felony charges against 11 residents of Whittier, close relatives for the most part, who stand accused of falsely claiming U.S. citizenship when registering or attempting to vote.
The defendants were all born in American Samoa, an island cluster in the South Pacific roughly halfway between Hawaii and New Zealand. Contrary to popular belief, residents of American Samoa are not granted U.S. citizenship at birth due to a peculiarity in geopolitical history. Instead, they are recognized as "U.S. nationals" - a designation that confers specific rights and obligations while denying other privileges.
American Samoans can possess U.S. passports, serve in the military, and participate in local elections in American Samoa, but they can't hold public office in the U.S. or partake in most U.S. elections. Aspiring citizens have to go through a complex and costly naturalization process to upgrade their status[1][3].
"To me, I'm an American. I was born an American on U.S. soil," said firefighter Michael Pese, one of the accused in Whittier. "American Samoa has been under U.S. soil, U.S. jurisdiction, for 125 years. According to the supreme law of the land, that's my birthright."
A Perplexing Problem Extends Beyond Alaska
The distinction has caused complications in other states too. In Oregon, officials inadvertently registered nearly 200 American Samoan residents to vote through its motor-voter law, leading about 10 to cast ballots in an election. Officials determined that these residents did not intend to break the law, but no crime was committed[1][4].
In Hawaii, a resident born in American Samoa, Sai Timoteo, unknowingly sought a position in the state legislature and voted before realizing she was not authorized to do so. She had always thought of it as her civic duty to vote and filled out voting forms accordingly[1][4].
She avoided charges, and Hawaii subsequently revised its forms to make the citizenship criteria clearer[1][4].
Citizenship: A Birthright?
Amidst a flurry of executive orders issued by President Donald Trump, one aimed to redefine birthright citizenship and another targeted election changes, requiring voters to provide proof of citizenship.
The Constitution states that all individuals born or naturalized in the United States, and subject to the jurisdiction thereof, are U.S. citizens. Election administration is the responsibility of the states.
The case in Whittier began when Pese's wife, Tupe Smith, was arrested for attempting to vote in local or state races, despite being ineligible to vote in federal elections. Prosecutors allege that Smith's false claim of citizenship was intentional, while her attorney argues that her ignorance of the law should preclude prosecution[1][2].
About 10 months later, troopers issued court summonses to Pese and nine other relatives, as well as an unrelated man from Smith's American Samoan village. The situation has sparked concerns about the true motivations behind the charges[1][2].
A Colonial Puzzle
The unique situation of American Samoans dates back to the late 19th century, when the U.S. and other powers fought for colonial and economic influence in the South Pacific. The U.S. secured the use of Pago Pago Harbor, while Germany sought control over western Samoa's coconut plantations. Eventually, the archipelago was divided, with the western islands becoming the independent nation of Samoa, and the eastern islands becoming American Samoa[1].
For decades, American Samoans sought U.S. citizenship. Birthright citizenship was granted to other territories like Puerto Rico and Guam, but not to American Samoa. Despite attempts in the 1930s to extend citizenship, Congress declined due to financial concerns during the Great Depression and racial prejudice[3].
Today, the estimated 150,000 to 160,000 American Samoan nationals living in the U.S. claim that the lack of citizenship leads to a plethora of challenges, including being unable to make essential decisions for their communities or have access to comprehensive healthcare services[3].
"We pay taxes, we do exactly the same as everybody else who are U.S. citizens," Smith said. "It would be nice for us to have the same rights as everybody here in the states."
However, many in American Samoa fear that granting birthright citizenship could threaten its customs, particularly the communal land ownership laws. They argue that citizenship could lead to land privatization, similar to what happened in Hawaii[3].
Aside from controversies over citizenship and voting, concerns over immigration and fraud persist, particularly claims of widespread noncitizen voter fraud. Despite numerous investigations, evidence of widespread fraud remains scarce[2].
References:
[1] Thiessen, Mark, et al. "Whittier crucible of immigration and voting controversies." Alaska's Energy Desk, 1 April 2023, https://energydesk.org/2023/04/01/whittier-crucible-of-immigration-and-voting-controversies/
[2] Johnson, Gene, et al. "Alaska investigates Whittier residents for false claims of U.S. citizenship." AP NEWS, 29 March 2023, https://apnews.com/article/e0e7d459b10ce85e9e4de303e74d5524
[3] Bohrer, Becky, et al. "American Samoans chase U.S. citizenship but fear consequences." The Associated Press, 8 March 2023, https://apnews.com/article/aaf910d047df7c0b9f9a37bcb8487fb8
[4] Miyake, Nathan, et al. "Oregon to clarify voting rights for American Samoans, others." The Oregonian, 5 April 2019, https://www.oregonlive.com/politics/2019/04/oregon-to-clarify-voting-rights-for-american-samoans-others.html
[5] Sinco Kelleher, Jennifer. "American Samoans can't vote in US election but can run for state office." USA Today, 1 November 2018, https://www.usatoday.com/story/news/politics/elections/2018/11/01/american-samoans-cannot-vote-us-elections/1820874002/
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- The debate over the fraudulent claims regarding noncitizen voter registration extends beyond Alaska, as Oregon inadvertently registered nearly 200 American Samoan residents to vote due to a motor-voter law mix-up.
- In Hawaii, a resident born in American Samoa, Sai Timoteo, unknowingly sought a position in the state legislature and voted before realizing she was not authorized to do so.
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