Former Governors of Four U.S. Territories File Amicus Brief in Support of Birthright Citizenship for American Samoans

The Tenth Circuit has before it the lawsuit Fitisemanu v U.S.A., 20-4017. The issue is whether the U.S. Constitution requires that persons born in American Samoa must be considered citizens. On May 12, former Governors of Guam, Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands filed this amicus curiae brief, on the side of the Samoan who brought the lawsuit.

The Samoan who brought the lawsuit won in U.S. District Court in Utah, and the federal government is appealing. The case arose in Utah because the plaintiff now lives there.


Comments

Former Governors of Four U.S. Territories File Amicus Brief in Support of Birthright Citizenship for American Samoans — 12 Comments

  1. USA Natural Born Citizen [NBC] via father’s nation-state status [NSS] at birth.

    Naturalization [NC] = Change in nation-state status after birth.

    Many USA laws/treaties early on gave option to foreign adult males in new USA areas [LA purchase, FL purchase, etc.] to change their NSS for themselves and any families involved.

    Much too difficult for SCOTUS MORONS since 1868 — 14 Amdt, Sec. 1 —

    *** subject to the jurisdiction thereof *** [QUALIFIER PHRASE] — added in USA Senate.

    IT TOOK 1924 AND 1940 USA LAWS TO NATURALIZE SURVIVING USA INDIANS TO BECOME USA CITIZENS.
    —-
    MAJOR records problem going back to formation of new States in 1775-1784 — ALLEGIANCE stuff —

    See last para of 1776 DOI – earlier in Mass [new State ONE] — 19 Apr 1775 — Battles of Lexington and Concord.

  2. If the Insular Cases are overturned, then US citizenship would be retroactively granted to every person born in the Philippines between 1898 and 1946, and potentially to all of their direct descendants.

  3. Richard, it’s Northern Mariana Islands, not Island. I think there are three or four with an actual population.
    What about Palau, Micronesia and Marshall Islands? They were technically territories for years. In that case, would you consider those born during that time US citizens? Cuba was too but those born in that short span are long dead.

  4. I spent two weeks in November 2004 in the Northern Mariana Islands, almost entirely on Saipan. But I did visit Tinian.

  5. During the time that Palau, Micronesia and the Marshall Islands were Trust territories of the US, the inhabitants were given the status of “US nationals”, the same status that inhabitants of American Samoa currently have, and which Filipinos had between 1898 and 1946. There are actually still some residents of Guam and the Northern Marianas who still have that status, having been born in the Trust territories. Presumably, any Supreme Court ruling that grants citizenship to US nationals of American Samoa could theoretically be applied to all who have, or had, that status. I’m not sure, but I think it might also apply to any Panamanians born in the Canal Zone.

  6. I have been to Guam several times. Fascinating place. There are still Japanese gun emplacements left over from WW2. Ironically, now the Japanese are a major tourist source for the island. The native Chamorros are in a similar situation as native Hawaiians. They have claims to native lands, but can only exercise those claims through the local government in which both natives and non natives can vote. Attempts to create a separate body in which only Chamorros can vote have been resisted by civil rights assertions.

  7. Any legal resident Brit citizens/subjects remaining in the USA area in the 1783 USA-Brit Peace Treaty [east of MS River, north of FL] —

    descended from 1775-1784 Brits in the later original 14 States — 13 and VT — and olde NW/SW Territories ???

    Many were forced to take allegiance oaths to such States or forced OUT — some top Brit colony folks via attainer laws, treason charges, etc.

    In general — ALLEGIANCE status — voluntary or forced.

  8. The issue came up via the 1783 Peace Treaty in some early States since ONLY legal State Citizens could own REAL estate — land in the State.

    and vice versa

    ONLY Brit subjects could own REAL estate — land in England.

  9. Walter, all their descendants? That would make a lot of Liberians, a fair number of Brazilians, Canadians, and people all over the rest of the world US nationals.

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