To protect collective self-determination and individual rights under Federal statutes conferring nationality on persons born and residing in the territory of American Samoa, to enable subsequent elective United States citizenship upon application of such persons residing in a State or in a territory subject to sections 301 through 308 of the Immigration and Nationality Act, and for other purposes.
Summary
H.R. 5976 aims to amend the Immigration and Nationality Act to address the status of individuals born in American Samoa. It seeks to protect the collective self-determination and individual rights of those conferred nationality under federal statutes. The bill allows these individuals, residing in a state or territory subject to specific sections of the Immigration and Nationality Act, to apply for United States citizenship.
Expected Effects
The bill would reclassify how passports are issued to U.S. nationals who are not citizens, potentially allowing them to obtain passports identifying them as both nationals and citizens under certain conditions. It also repeals Section 325 of the Immigration and Nationality Act. This could lead to changes in the rights and privileges afforded to American Samoans, particularly regarding their ability to claim full U.S. citizenship.
Potential Benefits
- Potential pathway to full U.S. citizenship for American Samoans residing in the U.S. or its territories.
- Clarification of passport procedures for U.S. nationals who are not citizens.
- Could enhance the rights and opportunities for affected individuals.
- May address historical inequities in citizenship laws.
- Reinforces the principle of self-determination for American Samoa.
Most Benefited Areas:
Potential Disadvantages
- Potential impact on the self-determination of American Samoa if a significant portion of its population opts for U.S. citizenship.
- Possible administrative burdens associated with processing citizenship applications.
- Concerns about the long-term effects on American Samoan culture and identity.
- Could create a divide between those who choose citizenship and those who do not.
- Unintended legal consequences from repealing Section 325 of the Immigration and Nationality Act.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the 14th Amendment's citizenship clause by potentially extending citizenship rights to individuals born in U.S. territories. However, the collective self-determination aspect also invokes considerations under the 10th Amendment, reserving powers not delegated to the federal government to the states or the people. The bill's impact on individual rights must be balanced against the rights of the American Samoan community to maintain its distinct cultural and political identity.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).