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Saturday, July 14, 2012

American Samoa and Citizenship

As the Wall Street Journal reports, everyone born in a US territory is automatically a US citizen -- except for those born in American Samoa.
Everyone born in a U.S. state or territory automatically gets U.S. citizenship—unless one happens to be born in American Samoa.
That exception is at the heart of a federal lawsuit filed against the U.S. government this week by five American Samoans and a Samoan organization based in California.
Over the past century, Congress has passed a host of laws regarding citizenship and the five U.S. territories, which are subject to only parts of the U.S. Constitution and a patchwork of U.S. laws.
A 1917 statute, for instance, granted automatic American citizenship to people born in Puerto Rico, which became a territory in 1898. Similar laws later granted citizenship to people born in Guam and the Northern Mariana Islands in the Pacific Ocean, and the U.S. Virgin Islands in the Caribbean Sea. But people born in American Samoa are classified as "noncitizen nationals," under a federal law first passed in 1940.
At that time, some in Congress were wary of granting full citizenship to those born in American Samoa, according to Rose Cuison Villazor, a law professor at the University of California, Davis, who is an expert on U.S. territorial law.
More recently, though, leaders in American Samoa have rebuffed efforts to extend American citizenship, partly out of fear it would lead the U.S. to challenge the territory's unique communal land-ownership rules.
In the suit, filed in federal court in Washington, D.C, plaintiffs claim that a law explicitly denying American Samoans citizenship upon birth violates the Citizenship Clause of the 14th Amendment to the Constitution. That clause states that "all persons born…in the United States, and subject to the jurisdiction thereof, are citizens of the United States."
Several of the plaintiffs served in the U.S. military, according to the complaint.
"We fight America's wars, we have men and women in the line of duty," Leneuoti Tuaua, one of the plaintiffs, said in an interview. "Yet, the U.S. government doesn't seem to care about that."
See this document from the State Department's Foreign Affairs Manual, starting at page 21.