American Samoa Statutory Nationality and Citizenship Act
- Bill Number
- H.R. 6158
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-11-19: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-23T16:01:20Z
AI-Generated Summary
Purpose
The American Samoa Statutory Nationality and Citizenship Act (H.R. 6158) aims to safeguard the collective self-determination of American Samoa while protecting the individual rights of its residents. It grants U.S. nationality to people born and living in American Samoa under existing federal laws and provides an optional path to full U.S. citizenship for those who move to a U.S. state or certain other territories, without imposing citizenship on those remaining in American Samoa.
Key Provisions
- Passport Application Process: Amends Section 341(b) of the Immigration and Nationality Act (INA) to allow individuals who are U.S. nationals but not citizens (such as American Samoans) to apply for a U.S. passport through the Secretary of State.
- If approved as a non-citizen national, they receive a passport identifying them as a "national but not a citizen."
- If they reside in a U.S. state or a territory covered by INA Sections 301–308 (which outline general citizenship rules) and explicitly request it in writing, they can receive a passport identifying them as both a national and a citizen, effectively granting citizenship.
- 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- Repeal of Outdated Provision: Eliminates INA Section 325, which previously allowed naturalization for natives of certain Pacific islands (including American Samoa) under specific conditions.
Significant Changes to Existing Law
- Shift in Nationality Handling: Previously, American Samoans were granted U.S. nationality at birth but not automatic citizenship, and passport issuance did not include an option for elective citizenship based on residence. This bill introduces a residency-based election mechanism, making citizenship accessible without requiring a full naturalization process.
- Simplification of Procedures: By repealing Section 325, the bill removes an older, narrower naturalization pathway, replacing it with a streamlined passport application that doubles as a citizenship claim for eligible residents.
- Preservation of Status Quo: Maintains non-citizen national status as the default for those in American Samoa, avoiding any automatic change to citizenship that could affect local governance or cultural practices.
Potential Impacts
- On Individuals: Provides American Samoans living in states or qualifying territories (e.g., Puerto Rico, Guam) with an easier way to gain full U.S. citizenship, including voting rights and passport equality, while allowing those in American Samoa to retain their current status. This could reduce barriers to federal benefits, employment, and travel for migrants from the territory.
- On Government Agencies: The U.S. Department of State gains responsibility for verifying nationality and processing elective citizenship requests via passports, potentially increasing administrative workload but simplifying overall immigration procedures.
- On Citizens and Territories: Enhances equity for U.S. nationals by addressing disparities in rights, without altering the unique status of American Samoa. No direct impact on international relations is evident, though it may indirectly strengthen U.S. ties with Pacific territories.
- Broader Effects: Could encourage migration from American Samoa to the mainland by offering citizenship incentives, potentially affecting the territory's population and economy.
Main Stakeholders Affected
- Residents of American Samoa: Primary beneficiaries, gaining optional citizenship pathways while preserving communal land rights and local autonomy tied to non-citizen status.
- U.S. Nationals in States or Qualifying Territories: Eligible American Samoans abroad who can elect citizenship, impacting their access to rights like voting in federal elections.
- U.S. Government Agencies: Especially the Department of State (for passport issuance) and potentially the Department of Homeland Security (for immigration oversight).
- American Samoa Government: Indirectly affected, as the bill respects territorial self-determination but may influence local policies on residency and identity.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Reinforces statutory nationality under the INA without challenging the U.S. Supreme Court's interpretation of the 14th Amendment, which has denied birthright citizenship to American Samoans due to the territory's unincorporated status. The elective process avoids court-mandated changes, focusing on voluntary application.
- Constitutional Implications: Balances individual due process rights (e.g., equal protection) with territorial sovereignty, potentially reducing future litigation over citizenship disparities while upholding Congress's plenary power over territories.
- Political Implications: Addresses a decades-long debate on American Samoan status, promoting equity without overriding local opposition to automatic citizenship, which could preserve cultural traditions like communal land ownership that are incompatible with full citizenship under current territorial law. This neutral approach may foster bipartisan support in Congress for Pacific territories.
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
- 2025-11-19: Referred to the House Committee on the Judiciary.
- 2025-11-19: Introduced in House
- 2025-11-19: Introduced in House
Bill Versions
- American Samoa Statutory Nationality and Citizenship Act — issued 2025-11-19 — PDF (3 pages)