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
KamaAina
(78,249 posts)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)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)This was formerly the case in only four other current or former U.S. overseas possessions.
Guam (18981950) (Citizenship granted by an Act of Congress through the Guam Organic Act of 1950).
the Philippines (18981935) (Granted independence in 1946; National status rescinded in 1935; Citizenship never accorded)
Puerto Rico (18981917) (Citizenship granted by an Act of Congress through the JonesShafroth Act of 1917).
the U.S. Virgin Islands (19171927) (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)I think it's more recent than the Guam act though - 1980s, maybe.
MADem
(135,425 posts)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.
truebrit71
(20,805 posts)...
doubtingtom
(22 posts)How are we not Imperial again?
Chan790
(20,176 posts)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.
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.
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)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.