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alp227

(32,034 posts)
Fri Jun 5, 2015, 12:12 PM Jun 2015

American Samoans lose birthright U.S. citizenship bid

Source: McClatchy DC

WASHINGTON — Individuals born in the U.S. territory of American Samoa are not automatically U.S. citizens at birth, a key court ruled Friday.

In a unanimous 23-page decision, judges with the U.S. Court of Appeals for the District of Columbia Circuit voiced sympathy for the individuals who seek birthright citizenship for the noblest of reasons. Nonetheless, judges said, their hands were tied.

“We hold it impractical and anomalous to impose citizenship by judicial fiat, where doing so requires us to override the democratic prerogatives of the American Samoan people themselves,” Judge Janice Rogers Brown wrote for the three-judge epanel.

The South Pacific islands of American Samoa have been a United States territory since 1900. Brown noted that it is “partially self-governed, possessing a popularly elected bicameral legislature and similarly elected governor.” The Secretary of the Interior is the ultimate overseer.

Read more: http://www.mcclatchydc.com/2015/06/05/269012/american-samoans-lose-birthright.html

11 replies = new reply since forum marked as read
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American Samoans lose birthright U.S. citizenship bid (Original Post) alp227 Jun 2015 OP
They are considered U.S. "nationals" KamaAina Jun 2015 #1
Difference? StarrGazerr Jun 2015 #7
Not sure on that KamaAina Jun 2015 #9
Residents of the Northern Marianas Islands have birthright citizenship too. Gormy Cuss Jun 2015 #11
They need to vote on it. I agree with this ruling. MADem Jun 2015 #2
Sounds like bullshit to me... truebrit71 Jun 2015 #3
American Samoans lose birthright U.S. citizenship bid doubtingtom Jun 2015 #4
Because the court's decision is based on the results of plebicites of the Samoan people. Chan790 Jun 2015 #5
Source? StarrGazerr Jun 2015 #6
Irony StarrGazerr Jun 2015 #8
rightist like to say we aren't an empire because we don't annex yurbud Jun 2015 #10
 

KamaAina

(78,249 posts)
1. They are considered U.S. "nationals"
Fri Jun 5, 2015, 12:19 PM
Jun 2015

i.e. they can't vote or receive certain federal benefits. The benefits thing applies in one form or another to Guam and the Marianas as well. This used to drive the benefits person at my old job in Hawai'i stark raving nuts!

And, of course, the voting thing is a huge factor in Hawai'i as well. Got disenfranchisement?

StarrGazerr

(60 posts)
7. Difference?
Fri Jun 5, 2015, 04:43 PM
Jun 2015

What's the difference between a national and a citizen? To the best of my knowledge someone born in Puerto Rico is considered a citizen even though they do not vote in Federal elections and are not represented by a voting member of Congress.

 

KamaAina

(78,249 posts)
9. Not sure on that
Fri Jun 5, 2015, 06:59 PM
Jun 2015
http://en.wikipedia.org/wiki/United_States_nationality_law#Nationals

Although all U.S. citizens are also U.S. nationals, the reverse is not true. As specified in 8 U.S.C. § 1408, a person whose only connection to the U.S. is through birth in an outlying possession (which is defined in 8 U.S.C. § 1101 as American Samoa and Swains Island (which is administered as part of American Samoa)), or through descent from a person so born, acquires U.S. nationality but not U.S. citizenship.

This was formerly the case in only four other current or former U.S. overseas possessions.

Guam (1898–1950) (Citizenship granted by an Act of Congress through the Guam Organic Act of 1950).
the Philippines (1898–1935) (Granted independence in 1946; National status rescinded in 1935; Citizenship never accorded)
Puerto Rico (1898–1917) (Citizenship granted by an Act of Congress through the Jones–Shafroth Act of 1917).
the U.S. Virgin Islands (1917–1927) (Citizenship granted by an Act of Congress in 1927).

The U.S. passport issued to non-citizen nationals contains the endorsement code 9 which states: "THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN." on the annotations page.

Non-citizen U.S. nationals may reside and work in the United States without restrictions, and may apply for citizenship under the same rules as resident aliens. Like resident aliens, they are not presently allowed by any U.S. state to vote in federal or state elections, although, as with resident aliens, there is no constitutional prohibition against their doing so.


Looks like the American Samoans need an act of Congress. Good luck with that!

Gormy Cuss

(30,884 posts)
11. Residents of the Northern Marianas Islands have birthright citizenship too.
Sat Jun 6, 2015, 01:19 PM
Jun 2015

I think it's more recent than the Guam act though - 1980s, maybe.

MADem

(135,425 posts)
2. They need to vote on it. I agree with this ruling.
Fri Jun 5, 2015, 12:23 PM
Jun 2015

A court doesn't have in its portfolio the charge of deciding with the stroke of a pen who becomes a citizen, without input from those affected.

 

Chan790

(20,176 posts)
5. Because the court's decision is based on the results of plebicites of the Samoan people.
Fri Jun 5, 2015, 02:18 PM
Jun 2015

This is a handful of Samoans asking a court to overturn the will of the American Samoan public that has voted repeatedly that they do not want to be reclassified to "citizens" from "nationals" or change their territorial status. It would be like SCOTUS telling Puerto Rico "F**k you, you're a state now."

It would be no less imperial to impose citizenship on people against their will.

StarrGazerr

(60 posts)
6. Source?
Fri Jun 5, 2015, 04:41 PM
Jun 2015

I wonder if you could be kind enough to post a link to whatever vote or poll or survey on which you base your statement that the Samoan public does not want citizenship. I'd be very curious as to why they would take that stance.

StarrGazerr

(60 posts)
8. Irony
Fri Jun 5, 2015, 04:45 PM
Jun 2015

It just hit me how ironic it is that "The Secretary of the INTERIOR is the ultimate overseer" when the point of this decision is to keep the American Samoan population on the EXTERIOR of the United States

yurbud

(39,405 posts)
10. rightist like to say we aren't an empire because we don't annex
Sat Jun 6, 2015, 12:54 PM
Jun 2015

Conquered countries and make them US states.

But doing that would mean extending citizenship, voting, labor and other rights to those people as well as environmental and other business regulations to that territory.

Instead, our government fine tunes their status to sit the needs of the business interests that asked for the conquest in the first place.

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