American Samoan community stands up for Alaska defendants

By Jayvee Vallejera

The Pacific Community of Alaska has added its voice to calls for the state to reconsider its decision to sue 11 American Samoan residents of Whittier for “voter misconduct,” pressing Gov. Mike Dunleavy to find an administrative fix instead, rather than punitive prosecution.

PCA, which advocates for Pacific islander communities in Alaska, said the status of American Samoans as “U.S. nationals” often creates confusion in federal, state and local governments, and officials sometimes mistakenly advise them to indicate U.S. citizenship when filling out official forms, since there is usually no option to indicate “U.S. national.”

Under federal law, people born in American Samoa are recognized as U.S. nationals, not U.S. citizens.

“Alaska’s criminal targeting of the American Samoan community needs to stop,” said PCA executive director Tafilisaunoa "Tafi" Toleafoa. “We are pleased to see our community coming together, both in Alaska and in American Samoa, to stand up against this unwarranted criminal prosecution.”

Similar misunderstandings have occurred elsewhere, but PCA noted that they were usually addressed accordingly.

The group said the problem stemmed from a lack of education and understanding, pressing Dunleavy to consider a different path to advance education and corrections in the system.

“We stand with our people and encourage more dialogue and education rather than punitive prosecution,” PCA said. “We hope you will consider a different path to furthering education and corrections to the system. We urge you to reconsider whether criminal prosecution is the best avenue when it seems clear the problem here is a lack of education and understanding.”

American Samoan Gov. Pulaali’i Nikoloa Pula and American Samoan Del. Uifa’atali Aumua Amata Radewagen earlier called on Dunleavy to pursue administrative solutions rather than criminal prosecution.

Pula pointed out that the incident in Whittier is not unique to Alaska and has also happened in Oregon, Hawaii and within the U.S. military. Instead of treating it as a criminal matter, they used administrative tools rather than criminal prosecution to resolve the confusion, he added.

Neil Weare, co-director of Right to Democracy, which represents two of the 11 Whittier residents being criminally targeted by the state, said PCA’s letter highlights the discrimination American Samoans face at the federal, state and local level because administrative rules often do not account for the status of “non-citizen” U.S. nationals.

Pulaali’i Nikoloa Pula 

“We appreciate Gov/ Pula and Congresswoman Amata working to educate Alaska officials about American Samoa’s unique history and status, as well as their call for administrative solutions rather than jail time,” Weare added.

The federal government labels people born in American Samoa—a U.S. territory for more than 125 years—as “nationals, but not citizens, of the United States.” Those born in other U.S. territories—or any of the 50 states—are automatically recognized as both “nationals” and “citizens” of the United States.

“Needless to say, this causes significant confusion at all levels of government, as Gov. Pula and Congresswoman Amata explain so clearly,” said Charles Ala’ilima, an American Samoan lawyer who is on the Right to Democracy board and also serves as co-counsel. 

PCA wrote to Dunleavy after receiving no response to its prior letters to Attorney General Stephen Cox and Attorney General Treg Taylor, according to a Right to Democracy news release.

The issue came about after Tupe Smith successfully ran for the school board in Whittier, Alaska, in 2023. Smith said she was told by local officials that as a U.S. national she was eligible to vote and run for office. She now faces two counts of “voter misconduct” charges, each carrying up to five years in jail. 

Her husband, Michael Pese, and nine other members of the tight-knit American Samoan community in Whittier, were charged in April 2025.

In addition to filing voter misconduct charges, Alaska also charged these defendants with perjury for indicating on state forms that they were “U.S. citizens,” which carries up to 10 years in jail per offense. Most state forms do not include an option to check “U.S. national.”

PCA is dismayed that members of the American Samoa community may now possibly be jailed for administrative mistakes and misunderstandings.

“We cannot help but struggle with this prospect as we know so many of our families and friends who have left American Samoa to live stateside do so in search of a better life,” it added. “We agree that misunderstandings like this should never happen.”

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