Eventually, the other four territories listed above gained birthright citizenship through statutes, meaning people who are born there are automatically U.S. citizens. But because American Samoa is the only territory still classified as unincorporated, people who are born there are only considered U.S. citizens if they have a parent who is a U.S. citizen. Otherwise, they have to go through the same lengthy, expensive naturalization process as any other person who isn’t a citizen—with no guarantee that it will be successful.
The lawsuit is the second such attempt within the past decade. The first, filed in 2012, was ultimately unsuccessful, with the Supreme Court ruling in 2015 that the 14th Amendment does not apply to overseas territories. The court decided not to reconsider that ruling when it was brought up again in 2016.
Leneuoti Tuaua, a former marshal for the High Court of American Samoa who holds two chief titles, was one of seven American Samoans who filed the first lawsuit. Tuaua said American Samoans are treated differently whenever they travel abroad, even to places like independent Samoa—the island country next door.
June 5 2015
After an Appeals Court ruling on Friday, American Samoa remains the only place in the United States where U.S. citizenship is not granted at birth.
As my colleague Mark Joseph Stern explained recently, anyone born in the other four unincorporated U.S. territories—Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands—automatically becomes a citizen. But things work differently in American Samoa, a group of islands 2,500 miles southwest of Hawaii. Samoans can only claim citizenship if they have a parent who was a citizen; otherwise, they have to go through the same naturalization process of non-Americans.
You’re about to find out how many people on FR oppose upholding the Constitution.
Her mother was born in Indiana so a US citizen. According to Wikipedia, her father also has US citizenship from his father. So she is as eligible as John McCain or Ted Cruz (probably more so than Ted Cruz).
What would be required for incorporation? Just an act of Congress?
If an American Samoan moves to Hawaii, is she still not a citizen? (I assume not but just to be clear).
The constitution does not define what a natural-born citizen means. And the Supreme Court has never interpreted it.
But you don’t necessarily have to be born within the borders of the United States to be considered “natural-born.” For example, John McCain was born on a military base outside the country. Yet no one would question his legal status if he had won in 2008.
It’s also been widely recognized that if someone is born outside the country to parents that are both Americans, then that child is given citizenship. That is actually very clearly stated in Section 301(c) of the Immigration Act.
But like I said, unfortunately the Constitution gives us practically no guidance on what that term means. SCOTUS hasn’t defined what it means when it comes to presidential eligibility. But I will say this...if Tulsi wins the election, the Supreme Court is not going to take it away from her for this reason. You will NEVER get Roberts to do that.
If the 14th amendment does not apply to overseas territories, then it should not apply to any illegals coming over either, nor to anchor babies...
“...American Samoa is the only territory still classified as unincorporated, people who are born there are only considered U.S. citizens if they have a parent who is a U.S. citizen.”
Her mother was born in Indianna so she would be eligible to be President.