HONOLULU (AP) 鈥 Growing up in American Samoa, Filipo Ilaoa鈥檚 neighbors were his cousins on a plot of land full of banana and breadfruit trees shared by his extended family and overseen by a chief elected by his relatives.

He worries a federal judge’s recent ruling in Utah saying those born in the U.S. territory should be recognized as U.S. citizens could threaten 鈥渇a鈥檃 Samoa,鈥 the Samoan way of life, which includes cultural traditions like prayer curfews, communal living and a belief that the islands’ lands should stay in Samoan family hands.

鈥淏asically, what it comes down to is freedom 鈥 the freedom to own communal land,鈥 said Ilaoa, 66, a retired Marine Corps sergeant major who works at the American Samoa government鈥檚 office in Hawaii.

In December, U.S. District Judge Clark Waddoups 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.

In this Jan. 10, 2020 photo, Filipo Ilaoa, left, and Bonnelley Pa'uulu pose with the flag of American Samoa at the American Samoa government office in Honolulu. Some American Samoans worry a federal judge's recent ruling in Utah saying those born in the U.S. territory should be recognized as U.S. citizens could threaten "fa'a Samoa," or the Samoan way of life. (AP Photo/Jennifer Sinco Kelleher)
Filipo Ilaoa, left, and Bonnelley Pa’uulu pose in Honolulu with the flag of American Samoa. They worry a court ruling granting citizenship to those living in the U.S. Territory, could threaten local customs like the ability to own communal land. AP

The U.S. government, which argues automatic citizenship should be a decision for Congress, filed an appeal Friday. The American Samoa government is also expected to appeal and has until Monday to do so.

American Samoa is the only U.S. territory where residents have no birthright claim to citizenship. Instead, those born in the cluster of islands some 2,600 miles (4,184 kilometers) southwest of Hawaii are granted 鈥淯.S. national鈥 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.

Supporters of automatic citizenship say it would particularly benefit the estimated 150,000 to 160,000 nationals who live in the states, largely concentrated in California, Hawaii, Washington, Utah and Alaska.

The territory’s population is only about 55,000. Yet many there say they’re happy being nationals and worry birthright citizenship would influence customs, like their unique land ownership system.

鈥淩ight now the government of the United States doesn’t own a square inch of land in American Samoa,鈥 said Ilaoa, who left his village of Leone at 18 to join the Marine Corps and later became a citizen to qualify for military jobs that require top-secret clearance. 鈥淲e build what we want. Any time we want.鈥

This Feb. 5, 2020 photo provided by Tisa Fa'amuli shows church buildings on Tutuila, the largest island in the American Samoa archipelago. Many residents of American Samoa are concerned that a federal judge's recent ruling in Utah, saying those born in the U.S. territory should be recognized as U.S. citizens, could threaten "fa'a Samoa," the Samoan way of life, which includes cultural traditions like prayer curfews, communal living and a belief that the islands' lands should stay in Samoan hands. (Tisa Fa'amuli via AP)
A church on Tutuila, the largest island in the American Samoa archipelago, where nearly everyone is Christian. Some leaders believe cultural practices such as “church curfews” could be disrupted if everyone is a U.S. citizen. AP

Most property in American Samoa is owned communally among families. Within villages, there are communal lands where extended families live together. Family members select chiefs, or matai, to regulate village life and oversee the land.

Samoan law restricts the sale of most property to anyone with less than 50% Samoan ancestry.

鈥淭here are still blood quantum racial restrictions on the ownership and alienation of land,” said Michael Williams, a Washington, D.C., lawyer representing the American Samoa government in challenging the lawsuit. “And to say that U.S. citizens can’t own land because of racial restrictions, that’s the sort of thing that one would expect would come under scrutiny from the courts.鈥

Some are uncomfortable with a faraway judge making decisions about their relationship with the United States, Williams said.

鈥淓verybody else will come and impose their right in the village that is perfectly designed to fit every family鈥檚 need that occupies that land,鈥 said Tisa Fa鈥檃muli, who owns Tisa鈥檚 Barefoot Bar in the village of Alega on Tutuila, the largest island in the American Samoa archipelago.

鈥淎t the end of the day, we are so proud of who we are,” she said. 鈥淲e love who we are, and we don鈥檛 want to change that.鈥

There also are concerns that automatic citizenship would disrupt religious norms such as prayer curfews that are enforced by local leaders in a territory where 100% of Samoans report being Christian, according to the American Samoa government.

Bonnelley Pa鈥檜ulu, acting director of the American Samoa government鈥檚 office in Hawaii, remembers how village police would ring a 6 p.m. bell that signaled it was time to go indoors for family prayer.

Imposing 鈥渂lanket adult curfews to United States citizens could be unconstitutional under existing case law,” the American Samoa government said in a court filing opposing the lawsuit.

‘Second-Class Status’

A path toward U.S. citizenship exists for those who want it. But some say it’s costly and cumbersome.

Roy J.D. Hall Jr., who lives in the village of Viatogi, says he became a citizen more than 50 years ago, when it was easier. As an attorney, he helps others obtain citizenship, which he said now requires more documents and a $750 fee.

Such roadblocks are unfair, he said: 鈥淲hy should those that live in the United States be denied citizenship and all the benefits that come with it?鈥

Sailau Timoteo was running for Hawaii’s state House in 2018 when she learned she wasn’t eligible for the race because she wasn’t a U.S. citizen.

She said at the time she didn’t realize being born in American Samoa gave her 鈥渟econd-class status.”

Pa鈥檜ulu opted to remain a national, even though her Army soldier husband became a citizen.

She doesn鈥檛 feel like she鈥檚 missing out any anything as a national 鈥 she鈥檚 able to travel freely.

Maintaining the land ownership structure is important to Pa鈥檜ulu, in part because she plans to return someday. The land 鈥渢ies you back to your family name, and it鈥檚 like where you belong,鈥 she said.

FILE - This July 2002 file photo shows a sailing ship in the harbor at Pago Pago, American Samoa. Many residents of American Samoa are concerned that a federal judge's recent ruling in Utah, saying those born in the U.S. territory should be recognized as U.S. citizens, could threaten "fa'a Samoa," the Samoan way of life, which includes cultural traditions like prayer curfews, communal living and a belief that the islands' lands should stay in Samoan hands. (AP Photo/David Briscoe, File)
American Samoa is the only U.S. territory where residents have no birthright claim to citizenship. Residents are “U.S. nationals” meaning they can’t vote or run for office in U.S. elections. AP

American Samoa’s traditional leaders voluntarily ceded sovereignty to the United States government in 1900.

The territory’s customs and cultures evolve, and there are laws protecting them, said Charles Ala鈥檌lima, one of the attorneys representing the three who want citizenship.

鈥淭he custom and culture of Samoa 200 years ago did not include Christianity,” he said. 鈥淏ut guess what? Nobody would say now that the custom and culture of Samoa does not include Christianity.鈥

From a legal perspective, citizenship won’t lead to the downfall of American Samoa’s land ownership system, said Rose Cuison-Villazor, an expert in immigration, citizenship and property law at Rutgers Law School in New Jersey.

She is from the Commonwealth of the Northern Mariana Islands, a U.S. territory that grants birthright citizenship, where U.S. courts have upheld a land ownership requirement of 25% Northern Marianas blood.

鈥淐itizenship would not have the domino effect people are worried about,鈥 said Sean Morrison, a former American Samoa assistant attorney general now living in New Orleans. 鈥淚 think the biggest worry is … you don’t know what a future judge might say.鈥

Before the ruling, Amata Coleman Radewagen, American Samoa’s U.S. House delegate, introduced a bill to make citizenship for American Samoans easier.

The bill would allow nationals to become citizens without having to leave American Samoa, as is currently required. American Samoans also would no longer have to take a citizenship test, and there would be a hardship waiver for application fees.

The bill is pending in the Natural Resources Committee with a likely hearing in the year ahead, said her spokesman, Joel Hannahs.

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