To protect collective self-determination and individual rights under Federal statutes conferring nationality on persons born and residing in the territory of American Samoa, to enable subsequent elective United States citizenship upon application of such persons residing in a State or in a territory subject to sections 301 through 308 of the Immigration and Nationality Act, and for other purposes.
- Bill Number
- H.R. 5976
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-11-07: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-23T15:05:12Z
AI-Generated Summary
Purpose of the Legislation
This bill, H.R. 5976, aims to safeguard the collective self-determination and individual rights of people born and living in American Samoa, who are currently classified as U.S. nationals but not citizens under federal law. It provides an optional path for these individuals to gain U.S. citizenship if they move to a U.S. state or certain territories, without altering the status of those remaining in American Samoa.
Key Provisions
- Passport Application Process: Amends Section 341(b) of the Immigration and Nationality Act (INA) to allow non-citizen U.S. nationals (such as American Samoans) to apply for a U.S. passport through the Secretary of State.
- If approved as a national but not a citizen, they receive a passport marked as such.
- If the applicant lives in a U.S. state or a territory covered by INA sections 301–308 (which define citizenship rules), they can request a passport identifying them as both a national and a citizen.
- Conforming Changes: Updates the section header of INA Section 341 to "Procedure for passports for U.S. non-citizen nationals" and revises the INA's table of contents accordingly.
- Repeal of Prior Law: Eliminates INA Section 325, which previously addressed a different process for nationality through naturalization (a legal step to become a citizen) for certain individuals born outside the U.S. to non-citizen national parents.
Significant Changes to Existing Law
- Shift in Nationality Classification: Under current law, American Samoans are U.S. nationals with some rights (like passport access) but not full citizens, lacking automatic voting rights or certain protections. This bill introduces an elective citizenship option tied to residence, reclassifying eligible individuals as citizens upon request via passport application.
- Simplification of Processes: By repealing Section 325, it removes an outdated naturalization pathway that may overlap or conflict with the new elective citizenship mechanism, streamlining how non-citizen nationals can access citizenship.
- No Forced Changes: The bill preserves the non-citizen national status for those in American Samoa, respecting the territory's unique communal land traditions and self-governance preferences.
Potential Impacts
- On Citizens and Residents: American Samoans living in the mainland U.S. or qualifying territories (e.g., Puerto Rico, Guam) could gain full citizenship benefits, such as voting in federal elections and easier access to certain jobs or benefits, potentially affecting thousands who migrate annually. Those staying in American Samoa remain nationals, maintaining local customs.
- On Government Agencies: The U.S. Department of State would handle increased passport applications and verifications, possibly requiring updated procedures or training. Immigration enforcement might see minor administrative shifts due to the repeal of Section 325.
- On International Relations: Minimal direct impact, but it could strengthen U.S. ties with Pacific territories by addressing long-standing equity concerns, without altering foreign policy or territorial sovereignty.
Main Stakeholders Affected
- American Samoans and Their Descendants: Primary beneficiaries, gaining optional citizenship based on residence while preserving territorial identity.
- U.S. Territories (e.g., American Samoa, Guam): Governments may see population shifts or debates on self-determination as individuals choose citizenship.
- Federal Agencies: Department of State (passport issuance) and Department of Homeland Security (immigration enforcement) would implement changes.
- U.S. Citizens in States: Indirectly affected through potential increases in voting populations from new citizens.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Aligns with the 14th Amendment's citizenship clause by offering a voluntary path without mandating birthright citizenship in unincorporated territories like American Samoa, avoiding court challenges (e.g., from cases like Tuaua v. United States). The repeal of Section 325 clarifies nationality laws, reducing potential overlaps.
- Constitutional Implications: Respects territorial self-determination under the Insular Cases (historical Supreme Court rulings on U.S. territories), balancing individual rights with collective governance without extending full constitutional protections to American Samoa.
- Political Implications: Could spark discussions on equity for U.S. territories, influencing future bills on Puerto Rico or other areas. It promotes individual choice amid debates on colonialism, potentially gaining bipartisan support for addressing a niche but symbolic issue in immigration policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Del. Radewagen, Aumua Amata Coleman [R-AS-At Large]
Recent Actions
- 2025-11-07: Referred to the House Committee on the Judiciary.
- 2025-11-07: Introduced in House
- 2025-11-07: Introduced in House
Bill Versions
- To protect collective self-determination and individual rights under Federal statutes conferring nationality on persons born and residing in the territory of American Samoa, to enable subsequent elective United States citizenship upon application of such persons residing in a State or in a territory subject to sections 301 through 308 of the Immigration and Nationality Act, and for other purposes. — issued 2025-11-07 — PDF (3 pages)