This bill addresses the status of American Samoans by allowing non-citizen nationals to obtain U.S. passports identifying them as citizens if they reside in a U.S. state or territory and apply for it.
Aumua Amata Radewagen
Representative
AS
This bill addresses the status of individuals born and residing in American Samoa, who are currently United States nationals but not citizens. It amends passport procedures to allow these nationals to receive a U.S. passport identifying them as either a non-citizen national or, upon request while residing in a U.S. state or covered territory, as both a national and a citizen of the United States. The legislation aims to protect collective self-determination while enabling elective U.S. citizenship for certain residents.
US Nationals Get New Passport Options: Elective Citizenship ID for Those Residing in the States
If you’ve ever tried to explain the difference between a U.S. citizen and a U.S. national, you know it’s a policy rabbit hole. This proposed legislation aims to bring some clarity and choice to the passport process for a specific group: U.S. nationals who are not citizens, primarily those connected to American Samoa.
At its core, this bill amends the Immigration and Nationality Act (specifically Section 341(b)) to streamline how non-citizen nationals get their passports. It offers a clear, two-track system when applying to the Secretary of State for travel documents. This isn’t a change in actual citizenship status, but a change in how that status is documented on the travel papers that matter most when crossing borders.
The National-Only Passport
For U.S. nationals who are not citizens, the first option is straightforward: apply for a U.S. passport that explicitly identifies the holder as a “national, but not a citizen of the United States.” This clarifies the status, which is important because U.S. nationals have certain rights and protections but generally cannot vote in federal elections or hold certain federal offices. This option ensures that the passport accurately reflects their current legal standing without confusion.
Elective Citizenship Identification
The second track is where things get interesting for people who have moved from American Samoa to the mainland or certain other territories. If a U.S. national resides in a State (like California or New York) or a territory subject to sections 301 through 308 of the INA, they get an elective choice. If they make a written and signed request on their passport application, the Secretary of State must issue a passport that identifies them as both a “national and a citizen of the United States.”
Think of this as a procedural shortcut for documentation. While the bill text doesn't change the underlying legal definition of their citizenship status, it allows them to carry a document that identifies them as a citizen for practical purposes, potentially smoothing out administrative hurdles or travel complications where the distinction between national and citizen might cause delays or confusion. This is a big deal for busy people because it offers a way to bypass friction points in daily life and travel simply by checking a box.
Clearing Up the Bureaucracy
Beyond the passport options, the bill also cleans up some administrative clutter. It updates the section header for Section 341 of the INA to the more descriptive “Procedure for passports for US non-citizen nationals.” More significantly, it repeals Section 325 of the Immigration and Nationality Act. This kind of bureaucratic housekeeping is often necessary when updating complex laws, ensuring that old, potentially conflicting, or redundant rules are removed to make the system cleaner and easier to navigate for everyone involved—from the applicant to the State Department official processing the paperwork.