Samoan Plaintiffs ask for Rehearing en banc on Whether Constitution Gives them Automatic Citizenship

The plaintiffs in Tuaua v U.S. have asked the U.S. Court of Appeals, D.C. circuit, to rehear their lawsuit. The issue is whether the 14th amendment, which says “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”, applies to persons born in American Samoa. A three-judge panel had ruled against citizenship. The request for rehearing asks that all judges of the D.C. circuit participate.

That section of the Constitution has always been interpreted to mean that residents of the District of Columbia are U.S. citizens. Congress has by statute made residents of the Northern Mariana Islands, Guam, the U.S. Virgin Islands, and Puerto Rico citizens, but Congress has never extended citizenship to persons born in American Samoa. See this press release. Thanks to How Appealing for the link.


Comments

Samoan Plaintiffs ask for Rehearing en banc on Whether Constitution Gives them Automatic Citizenship — 2 Comments

  1. Obviously USA citizens born in the old territories were also USA citizens – before or after the 14th Amdt.

    i.e. the citizenship sentence in 14th Amdt was required to overrule the racist stuff in Dred Scott v. Sandford (1857).

    Liberate the occupied / insular USA colonies NOW ???

    American Samoa
    Guam
    Marianas Islands
    Puerto Rico.

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