American Samoa culture plays role in US citizenship ruling - Indian Country Today
S E E D E D C O N T E N T
American Samoa is the only unincorporated territory of the United States where the inhabitants are not American citizens at birth Author: The Associated PressPublish date: Jun 21, 2021
Si'u Point Trail, Ta'u Island, National Park of American Samoa. (Photo courtesy of the U.S. Department of Interior)
American Samoa is the only unincorporated territory of the United States where the inhabitants are not American citizens at birth
Jennifer Sinco Kelleher
Associated Press
HONOLULU — In a decision citing American Samoa cultural traditions, those born in the U.S. territory shouldn't have citizenship automatically forced on them, a federal appeals court ruled June 15.
The 10th U.S. Circuit Court of Appeals ruling reverses a lower court ruling that sided with three people from American Samoa who live in Utah and sued to be recognized as citizens. The judge ruled the Utah residents are entitled to birthright citizenship under the 14th Amendment. He then put his ruling on hold pending appeal.
U.S. Congress should play a bigger role than the courts in deciding citizenship for those in territories, the appeals court ruling said.
American Samoa is the only unincorporated territory of the United States where the inhabitants are not American citizens at birth.
Instead, those born in the cluster of islands some 2,600 miles southwest of Hawaii are granted "U.S. national" status, meaning they can't vote for U.S. president, run for office outside American Samoa or apply for certain jobs. The only federal election they can cast a vote in is the race for American Samoa's nonvoting U.S. House seat.
The ruling notes that American Samoa government leaders and others opposed the lawsuit because they are concerned automatic citizenship could disrupt cultural traditions, such as communal land ownership and social structures organized around large, extended families led by matai, those with hereditary chieftain titles.
"There is simply insufficient caselaw to conclude with certainty that citizenship will have no effect on the legal status of the fa'a Samoa," or the American Samoan way of life, the ruling said. "The constitutional issues that would arise in the context of America Samoa's unique culture and social structure would be unusual, if not entirely novel, and therefore unpredictable."
Drawing on the views of the American Samoa people is one of the more gratifying aspects of the ruling, said Michael Williams, an attorney representing the American Samoa government, which intervened to oppose the lawsuit.
"It is also vindication for the principle that the people of American Samoa should determine their own status in accordance with Samoan culture and traditions," he said.
A path toward U.S. citizenship exists for those who want it. But some say it's costly and cumbersome. Non-citizen nationals of American Samoa are entitled to work and travel freely in the United States and receive certain advantages in the naturalization process.
Neil Weare, one of the attorneys representing the plaintiffs, said they are disappointed by the ruling, and are reviewing next steps. Options include asking a wider panel of appeals court judges to hear the case or taking it to the U.S. Supreme Court.
Weare is president of Equally American, which advocates for equality and civil rights for people in U.S. territories.
He said he was impressed with a dissenting judge's opinion.
"When the Fourteenth Amendment was ratified, courts, dictionaries, maps, and censuses uniformly regarded territories as land 'in the United States,'" wrote Judge Robert E. Bacharach in his dissent.
Self-determination is a highly valued principle in American Samoa, said Line-Noue Memea Kruse, adjunct faculty in Pacific islands studies at Brigham Young University-Hawaii and whose book is cited in the ruling.
"There are many foreign interests looming over these citizenship cases," she said. "This is not the end. They will keep pushing. This to me is a form of inter-territorial hegemony."
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IMO, this is a very strange decision by the 10th circuit. Samoans being US Nationals are held from a number of things that US citizens enjoy.
They cannot vote, they cannot run for public office, they cannot be federal employees. Moreover, even the more mundane harms of “non-citizen national” status are onerous. For example, federal, state, and local laws often require U.S. citizenship as a condition for public employment. That requirement excludes American Samoans from employment as police officers, firefighters, paramedics, or public school teachers. They can’t be court reporters in Utah, optometrists in New Mexico, or funeral home directors in Oklahoma, to name a few of the professions into which they’re barred entry. Even getting a driver’s license can be an issue. These laws and policies gravely limit everyday life, liberties, and opportunities for American Samoans living in the mainland U.S.
There are 46,000 Samoans living in American Samoa and 200,000 living in the US. One of the concerns that some Samoans have is, as the articles states, Fa'a Samoa (The Samoan Way) this is especially true when it comes to property rights since the Samoans culture has a very different view of the property, much like Alaska Native, American Indians, and Native Hawaiians. Communal property is practiced today among a few Native American tribes. If the reservations is closed rez as my home rez is, our property is held by the tribe no individual owes or can sell any part of it. This may be a solution to one of the areas they see as a problem if they become US Citizens which I have discussed in depth with many of them. There are also similar laws governing the Native Hawaiians.
I have many Samoan friends, both on Da Rock (American Samoa) Hawaii and the mainland as I get both sides of the argument from them. I'm sure that this is going to end up with SCOTUS having to make the final decision.
Samoans serve in the military at very high number and interesting enough a reserve unit of the legendary 100th Infantry 442 RCT the ''Go for Broke'' highly decorated unit of WWII is stationed on American Samoa.
Fa' afeiloa'iga mai Amerika Samoa, fale o le Fa'a Samoa
I served with many a Samoan. Nicest people to friends with. Some of the most deadly to make enemies of.
Pound for pound, I don't know of a more physically strong people.
That is true, FLY and great fun to be with in any circumstance.
The Samoans should be made US citizens immediately. If we were going to colonize these places as a "manifest destiny", the least we should have done was make them US citizens.
That is the battle that is going on right now, there are some Samoans that do not want to be made US citizens the primary reason is land and the Samoan way of life. There are more that want it they do not want it.
I'd say make them all citizens , and then let those who want to opt out do so.
IMHO, why can't the give US citizenship to those who want it, and let those who don't keep their Samoan citizenship? Or, offer those who want it dual citizenship. I think they are making a mountain out of a mole hill.
When I worked for San Diego Trolley, Inc. there were various ethnic employees who worked there. Many of the Trolley Operators were Samoan. They were really great Operators, never missing a day of work, and great fun to be around. I loved when we had potlucks in our Track and Wayside Dept, the Samoans would bring lots of their traditional dishes, even though they were not part of our Dept. We never turned anyone down who wanted to come, and always brought extra food in case there were some who couldn't bring something. There were also several Vietnamese who worked there, as well as a good many Mexicans. So needless to say, our potlucks were the best of all the others.
I think it is only fair that Samoans be given the chance/choice to be American citizens. They need not give up their culture, traditions and beliefs if they do. Just like others who live here in America and become American citizens are still allowed to have their own cultures, traditions and beliefs.
Why make something that is fairly simple into something so difficult.
I can understand those that do not want to become citizens and it boils down to land. The US government has little credibility when it comes to indigenous land, be it Samoan, American Indian or Native Hawaiian. The Hawaiian land act of 1920 which the government promised land back to Hawaiians has granted little land back and many of the people the list have died. American Indians in many cases have to buy back land taken from us illegally.
Yup, they should be very cautious.
Protecting ones land rights is very important, and without a hard agreement with those who are land owners that the American government will not usurp their land, a guarantee that they by rights might not trust, then they can refuse American citizenship. But, for those who are not land owners it could be a different situation.
Well, first of all, I never knew any of this and so this was very informative. I really enjoy articles where I walk away a bit smarter for having read them.
I can understand both POVs, and I am not sure there is a way to reconcile this.
either way, it's up to the samoans to decide.
Since some Samoans on the mainland brought the suit it would seem that it will end up with SCOTUS making a ruling.
I do agree it is up to the Samoans to decide.
I agree that there may be no way to reconcile the two points of view.
I visited American Samoa for a few days many years ago. I was on Tutuila, the main island, and it was very beautiful. The local culture, fa'a Samoa (the Samoan way), was amazing and the people were very nice and friendly. Everyone smiled and waved at us wherever we went driving around exploring.
Most people are not aware but there is a US National Park on Samoa. It is stunning in it's beauty and it is very rugged, not a place to go hiking if you're not an experienced hiker.
Their situation is unique, you're an American but your not. Bizarre but the land situation is the one sticking point to some that still live on American Samoa.
Land situation - gads, sounds awfully familiar, eh?
Ask any NA, Alaska Native, or Native Hawaiian about the US government and our land.