On February 7, the federal government filed a notice of appeal in Fitisemanu v USA. This is the case in which a U.S. District Court in Utah ruled that the U.S. Constitution requires that persons born in American Samoa be considered citizens. The reason the case was in Utah, was that an adult born in American Samoa now lives in Utah, and he filed the lawsuit.
In the Tenth Circuit, the case is 20-4017.
Born with father’s nation-state ALLEGIANCE status on birthday.
Place of birth means ZERO.
Much too difficult for legal MORONS- esp SCOTUS HACKS.
14-1
All persons born or naturalized in the United States, [[[ and subject to the [ALLEGIANCE] jurisdiction thereof ]]], are citizens of the United States and of the State wherein they reside.
Folks in USA NOT having ALLEGIANCE to USA Const —
1. American Indians [deemed internal foreign regimes] — but few survivors later naturalized in 1924 and 1940 USA laws.
2. foreign citizens/subjects legally resident in USA — some original British, French, Spanish, Mexican, etc.
3. illegal INVADERS.
Some day soon — historical PROOF that a person is a USA citizen
olde 1776-1789 State citizen fathers
1789-now USA citizen fathers
— both natural born [ALLEGIANCE at birth] or naturalized [ALLEGIANCE after birth] CHAIN.
BAAADE 1776-1860 records — generally NO ALLEGIANCE status of father on birth certificates [if any].
Much too difficult for legal MORONS- esp SCOTUS HACKS.
https://www.cnn.com/2020/02/10/politics/william-barr-sanctuary-cities-lawsuits/index.html
May be ID/USA citizen proof crisis very shortly.
Question for someone who can answer without a pointless rant: Is it true that an American Samoan US National who moved to a state or other territory (Guam, USVI, etc) has to wait the normal period and process to become a citizen? I believe they can move and work in the US of their own free will, similar to those from the Marshall Islands (free associated state). What if someone so happens to be born on Midway or one of the other Minor islands without US citizen parents? Are they a citizen or a National?
American Samoans are US Nationals, and can move freely in the US, but cannot vote. People from Micronesia, Palau, and the Marshall Islands used to have this status when those places were part of the Pacific Trust Territory, but lost it when those places became independent, UNLESS they were living in US territory, to include Guam, and the Northern MArianas.
Also, residents of the Philippines used to be US Nationals when they were a US territory, but lost that status when the Philippines became independent.
Generally —
when a new part was added to the USA regime the adult legal foreign residents in such part were given an option to become USA naturalized citizens or remain a citizen/subject of the foreign nation-state involved (if any).
Possible *stateless* folks when the *home state* regime was wiped out ??? — as in Hawaii conquest/occupation, etc.
—
WZ how many PI folks remained USA Citizens — 1898-1946 = 48 years – majority of all PI folks in 1946 ???
esp PI govt folks – civil/military.
The only Filipinos who became US citizens were those who moved to the US and naturalized, or those who married or were born to US citizens.
PI = more of that racist/zenophobe *insular* stuff — due to racist SCOTUS before WW I.
Now being re-hatched by Tyrant Trump.
@George,
Naturalization ordinarily requires 5 years permanent residence in the USA or their outlying territories. Thus the residency requirement for those born in American Samoa would already be met.
Naturalization requires 3 months in a USCIS district. There are no USCIS districts for American Samoa.
Naturalization requires passage of an English test, fingerprinting, an oath of allegience, and $725. The complaint is not that these would be impossible barriers, but one’s that they as a matter of right you not have to be subjected to. Naturalization could be denied for all kinds of reasons, that a US citizen would not have his citizenship stripped. They also cited various harm that they suffer. One is that they can not bring a parent who is a foreign national to the US.
The government of American Samoa attempted to intervene. The government apparently believes that application of the 14th Amendment to individuals in American Samoa would lead to application of the 14th Amendment in American Samoa.
The judge seemed to suggest that was not his problem.
The SCOTUS will eventually get the case.
@George,
Regarding Midway and Wake, I found something that made it apparently ambigious. American natiional status is explicitly applied to those born in American Samoa and Swains Island (administered from American Samoa, but subject to a territorial dispute with Tokelau). Midway and Wake are omitted.
Prior to 1958, Midway was part of the Territory of Hawaii. Birth records continued to be administered by the State of Hawaii as a courtesy. I suspect most persons born in Midway were children of US citizens. The records for Wake have been moved to an FAA archive in Honolulu.
It might be that the number involved is minute.
Wake was a fueling stop until the 70s. It’s possible- though unlikely- a passenger could have given birth while waiting for refueling. If they were not citizens, the question is what would the child be?
The other minor islands, except perhaps Palmyra, are nearly impossible to visit, and even those few people are probably citizens.
As for Marshall Islands, they would need a passport, but no visa to work in the US if I understand correctly? They could stay as long as they wished, and could become citizens?
How many various USA MILITARY/SPY base islands ???
From post 1 above —
Born with father’s nation-state ALLEGIANCE status on birthday.
Place of birth means ZERO.
—
The SCOTUS hacks who screwed up ALLEGIANCE status are the same hacks who upheld the racist separate is not equal stuff in 1896
— later OVER-ruled in 1954 Brown v Bd of Ed.