Nationality Act Changes Passport Rules, Creating Two Tiers for U.S. Nationals Based on Where They Live

This bill, the American Samoa Statutory Nationality and Citizenship Act, is changing the game for U.S. nationals who aren't automatically citizens—a group that primarily includes people born in American Samoa. Essentially, it updates the process for how these individuals can get a U.S. passport and, crucially, what that passport says about their status. The main action is amending Section 341(b) of the Immigration and Nationality Act to create a new, clearer administrative procedure for obtaining travel documents.

The New Passport Divide: National vs. Citizen

Under the new rules outlined in Section 2, a U.S. national who is not a citizen can apply for a passport. If the State Department approves, they’ll get a passport identifying them specifically as a “national, but not a citizen, of the United States.” That’s straightforward documentation.

But here’s the kicker that creates a geographical split. If that national resides in a U.S. State (like California or Texas) or in certain specified U.S. territories, they have a choice. They can make a written request to receive a passport identifying them as both a national and a citizen. This effectively gives nationals who live stateside a defined path to receive documentation reflecting full citizen status just by applying for a passport, provided they meet the residency requirement.

The Catch: Where You Live Determines Your Status

This residency requirement is where things get complicated for regular folks. If you are a U.S. national but you live outside the 50 states or the specified territories, you only qualify for the passport that says “national, but not a citizen.” You don't get the option to request the citizen designation. For example, a national living in Honolulu, Hawaii, could request the citizen designation on their passport, but a national living in Pago Pago, American Samoa, or perhaps working overseas, would be limited to the national-only designation. This creates a two-tiered system where access to full citizenship documentation via this process is tied directly to geography, potentially limiting the rights and opportunities for nationals who choose to remain in their home territory or live abroad.

What Happened to Section 325?

One final detail that matters: the bill also outright repeals Section 325 of the Immigration and Nationality Act. This is a section of law that previously dealt with the naturalization of certain non-citizen nationals. When a bill repeals an existing law, it’s important to pay attention because it means whatever protections, procedures, or pathways were in Section 325 are now gone. While this bill provides a new, streamlined passport process, removing the old naturalization provision could create unintended gaps or eliminate alternative routes for some people who relied on that prior law. For the average person, this means that the legal safety net or process they might have expected to use is being swapped out, and they need to understand the new rules of the road.