American Samoan citizenship and nationality
No permanent European settlements occurred until John Williams of the London Missionary Society established a mission in the islands in 1830.
[13] Charles Wilkes led the United States Exploring Expedition, which surveyed the islands and drafted commercial regulations in 1839 and in 1845, George Pritchard arrived as the British consul.
According to the decisions, those born in insular possessions or unincorporated territories were not eligible for citizenship, though they were considered nationals and could hold a U.S. passport and gain diplomatic protection from the United States.
[19] Because of the rulings, all persons in the U.S. outlying possessions were considered U.S. non-citizen nationals, until Congress chose to convey full rights of citizenship.
[12] The islands came under the administration of the United States Navy with the proviso that US laws in the territory could not conflict with traditional Samoan custom.
[22] Failure of the acting governor, Benjamin Franklin Tilley, to sign the Deeds of Cession, led to a thirty-year delay in formal recognition by the US government.
[24][25] The Mau movement, which was pushing for independence and an end to colonialism, finally led to action by Congress to acknowledge Samoa.
[32] In 1928, in response to media pressure about the Mau movement and naval rule of American Samoa, a commission was formed to investigate conditions in the territory and make recommendations for legislation to address concerns of Samoans.
[33] After consultations with Samoan elders and communities, in 1929, Congress confirmed the acquisition of the territory, designating its inhabitants non-citizen nationals of the United States.
[37] Instead, they drafted a Bill of Rights, which was added to the Code of American Samoa, gave more autonomy for local affairs to Samoan leaders, and created a commission to address land ownership disputes.
[11] Under international and domestic pressure at the end of World War II, the United States passed administration of the territory from the navy to the US Interior Department in 1951.
In 1930, a Bill of Rights was added to the American Samoan Code and the secretary of native affairs and chief justice of the high court became separate offices.
[44] The constitution provided for organization of executive, judiciary, and legislative (known as the Fono) structures similar to the United States, but policies for each branch are dependent upon Samoan culture.
[53] Despite changes in local ordinances, American Samoans do not have full protection of their constitutional rights, though they may reside in the United States and gain entry without a visa.
[57] In 2018, John Fitisemanu, an American Samoan who had lived and paid taxes in Utah for twenty years, sued the United States because of his inability to vote.
[59] In 2019, U.S. District Judge Clark Waddoups struck down the status of non-citizen nationals as unconstitutional and in violation of the 14th Amendment.
