In the small and isolated town of Whittier, Alaska, a significant legal issue is unfolding that underscores the profound complexities surrounding citizenship and voting rights for residents of U.S. territories, particularly American Samoans.
Nestled between glacier-filled mountains and Alaska’s Prince William Sound, Whittier is a unique cruise ship destination accessible only through a one-lane tunnel shared with trains. With a resident population of just 260, nearly all residents live in a single 14-story condominium building.
This small community has become the focal point of a legal battle that involves claims of citizenship status. Alaska prosecutors have filed felony charges against 11 residents of Whittier, mostly relatives, for allegedly falsely claiming U.S. citizenship when registering to vote or attempting to vote.
The individuals charged were all born in American Samoa, a U.S. territory where the unique status of residents means they are considered U.S. nationals rather than U.S. citizens from birth. This status gives them some rights but denies them others, such as the ability to participate in most elections in the U.S. while allowing them to vote in local elections in American Samoa.
American Samoans are eligible for U.S. passports, can serve in the military, and must register for the Selective Service. However, they face barriers when trying to obtain citizenship, including a cumbersome application process that can be financially burdensome.
Michael Pese, a firefighter charged in the case, expressed frustration about the situation, stating, “To me, I’m an American. I was born an American on U.S. soil. American Samoa has been U.S. soil, U.S. jurisdiction, for 125 years. According to the supreme law of the land, that’s my birthright.”
The issue has caught the attention of experts and advocates. They note that the situation in Whittier is unprecedented, with the prosecutions reflecting broader national debates about what it means to be born on U.S. soil and concerns over noncitizen voter fraud. Critics argue that the charges against the Whittier residents represent a misplaced focus on voter fraud, a claim that has been widely debunked, with investigations revealing it to be exceptionally rare.
Similar confusion regarding voting rights has been noted in other states. For instance, in Oregon, nearly 200 American Samoan residents were inadvertently registered to vote when they obtained their driver’s licenses under the state’s motor-voter law, leading to 10 individuals casting ballots in an election. Officials determined this was unintentional and no crime occurred.
In Hawaii, Sai Timoteo, who was born in American Samoa, believed she could run for the state Legislature and vote until she learned that her citizenship status prevented her from doing so, prompting state officials to revise their voting materials for clarity.
The Trump administration’s efforts to reshape the concept of citizenship culminated in executive orders seeking to redefine birthright citizenship, particularly for children born to undocumented parents, as well as measures requiring proof of citizenship from voters. However, courts have blocked these orders, affirming that all persons born in the U.S. are citizens.
The legal troubles for the residents of Whittier began with Tupe Smith, Michael Pese’s wife. After moving to Whittier in 2018, she volunteered at the local school where many American Samoan children were enrolled. In 2023, Smith ran for and won a seat on the regional school board with her candidacy receiving nearly unanimous support.
However, her victory led to a police visit where state troopers questioned her about her voting history. Smith felt misled, having checked the box indicating she was a U.S. citizen based on the instructions given by election officials, unaware that it could lead to legal trouble. The troopers arrested her, leading to an emotional scene with her children.
About ten months later, similar charges were brought against Pese, eight of his relatives, and another individual from the same village in American Samoa. The prosecution alleges that these claims of citizenship were intentional, based on the language present in voter registration forms that mandated only U.S. citizens be eligible to vote.
Neil Weare, an attorney for Smith, argued that his client lacked any malicious intent to deceive when she registered to vote. He suggested the prosecutions were targeting vulnerable individuals without evidence of any widespread phenomenon of illegal voting by noncitizens.
The challenges faced by American Samoans in securing automatic citizenship can be traced back to the late 19th century. Initially, U.S. control of the islands was established for military and commercial interests, leading to American Samoa becoming a U.S. territory. Despite long-standing movements advocating for citizenship rights, Congress has consistently declined to grant this status to American Samoans since the 1930s.
The peoples’ sentiments are mixed regarding automatic citizenship, with some fearing that it may harm their traditional land practices and cultural identity. There are concerns that land privatization could mirror the challenges faced by indigenous populations in other parts of the U.S., leading to potential loss of communal land and cultural erosion.
Advocates for automatic citizenship highlight the inequities faced by American Samoans who contribute to society as taxpayers but lack the full rights of citizenship enjoyed by others. As Smith commented, “We pay taxes, we do exactly the same as everybody else that are U.S. citizens. It would be nice for us to have the same rights as everybody here in the states.”
Several jurisdictions across the U.S. have permitted noncitizens to vote in local elections, but the confusion and contradictions surrounding voting eligibility for American Samoans persist.
Advocates like Tafilisaunoa Toleafoa are urging state officials to consider administrative fixes rather than pursuing charges against community members, highlighting the confusion wrought by the legal and electoral systems.
As this unique case plays out in the courts, it continues to draw attention to the often-overlooked distinctions between U.S. citizens and U.S. nationals, as well as the broader implications for democracy in American territories.
The specific situation in Whittier may be small-scale, but its repercussions resonate with larger discussions on citizenship, voting rights, and the treatment of U.S. territories in American law and society.
image source from：https://abcnews.go.com/Politics/wireStory/us-territorys-colonial-history-emerges-state-disputes-voting-122606158
