ALL NEWS

US should recognize American Samoans as citizens, judge says

Dec 13, 2019, 5:52 AM

File- In this undated file image provided by nonprofit advocacy and legal group Equally American, John Fitisemanu, an American Samoan and the lead plaintiff in a lawsuit against the United States seeking full U.S. citizenship. People born in the territory of American Samoa should be recognized as U.S. citizens, a federal judge in Utah decided Thursday, Dec. 12, 2019, in a case filed amid more than a century of legal limbo but whose eventual impact remains to be seen. (Katrina Keil Youd/Equally American via AP)

(Katrina Keil Youd/Equally American via AP)

SALT LAKE CITY (AP) — People born in the territory of American Samoa should be recognized as U.S. citizens, a federal judge in Utah decided Thursday in a case filed amid more than a century of legal limbo but whose eventual impact remains to be seen.

The cluster of Pacific islands southwest of Hawaii is the only place in the country without an automatic claim to citizenship. People born there are labeled U.S. nationals, meaning they pay taxes but cannot vote, run for office or apply for certain government jobs.

U.S. District Judge Clark Waddoups sided with three people from American Samoa who sued to be recognized as citizens. He ruled that the Utah residents are entitled to birthright citizenship under the 14th Amendment to the Constitution and ordered the government to issue them new passports.

It wasn’t immediately clear if the ruling applies outside Utah, which has a large number of people who hail from the territory and other Pacific island communities.

Congress has allowed people born in other American territories like Puerto Rico, Guam and the U.S. Virgin Islands to claim birthright citizenship over the years.

But American Samoa’s population of about 55,000 has fallen to the wayside. Their passports say, “This bearer is a United States national and not a United States citizen.”

The State Department did not have immediate comment on the ruling.

It’s expected to be appealed, said the plaintiffs’ attorney, Charles V. Ala’ilima.

The U.S. Supreme Court declined to take up the issue in 2016, after a lower court found the constitutional guarantee of birthright citizenship didn’t apply to American Samoa.

If the new, conflicting ruling out of Utah is affirmed by an appeals court, it could create a “circuit split” and put pressure on the high court to step in.

The ruling shows that while birthright citizenship has had some controversy at the national level, it’s “one of the bedrock, foundational rights that our country was built on,”said Neil Weare, president of Equally American and one of the attorneys representing the plaintiffs.

“The takeaway from the ruling is that people born in American Samoa living in Utah are now U.S. citizens, and they have all the same rights as other Americans, including the right to vote,” Weare said. “These individuals can now go and register to vote and participate in state, federal and local elections.”

John Fitisemanu sued after being rejected for jobs that list U.S. citizenship as a requirement. He said he’s “ecstatic” about the ruling and plans to register to vote as soon as possible.

The Southern Utah Pacific Islander Coalition plans to register people to vote from the community whose connections to the state date to the late 1800s, when missionaries from The Church of Jesus Christ of Latter-day Saint took the faith’s message to the Pacific, co-founder Susi Lafaele said.

American Samoans are able to pursue naturalized U.S. citizenship, but it costs $725 to apply, plus legal fees to hire an attorney to help navigate the process.

The American Samoan government, meanwhile, has argued that automatic U.S. citizenship could undermine local traditions and practices, including certain rules that restrict land ownership only to those of Samoan ancestry.

Acting Attorney General Alexandra Zirschky said Thursday that the office is still reviewing the ruling.

___

Kelleher reported from Honolulu. Associated Press writers Anita Snow in Phoenix and Matthew Lee in Washington, D.C., contributed to this story.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Today’s Top Stories

All News

The OLRGC released an analysis of the expected topics to be discussed during a special session of t...

Simone Seikaly

Extending state flooding emergency, firearm restrictions, among topics for Utah special session

The OLRGC released an analysis of the expected topics to be discussed during a special session of the legislature.

11 months ago

A video recorded by Facebook user Larry Jacquez shows the police response following the shooting in...

Jamiel Lynch, CNN     

At least 3 people killed and 2 officers wounded in a shooting in Farmington, New Mexico, police say

Multiple people were shot and at least three killed in a shooting in Farmington, New Mexico, police said in a Facebook post.

11 months ago

A new release from Intermountain Healthcare shows that younger adults are becoming more susceptible...

Waverly Golden

Younger adults are becoming more susceptible to strokes

A new release from Intermountain Healthcare shows that younger adults are becoming more susceptible to stroke.

11 months ago

If you plan to camp over Memorial Day Weekend, you may want to begin the planning process now....

Allessandra Harris

Camping over Memorial Day Weekend? Plan ahead

If you plan to camp over Memorial Day Weekend, you may want to begin the planning process now.

11 months ago

slcpd on the scene of the deaths...

Josh Ellis

Police: Teen killed by father in murder-suicide in SLC office building

Police responded to the office complex near 3000 S. Highland Drive on Saturday after emergency responders received a call from a community member who reported finding a body.

11 months ago

Melissa Coleman crouches next to her husband, , Brad Coleman, of North Ogden, who sits in a wheelch...

Jenny Carpenter, KSL.com

Young stroke victim survives with quick, lifesaving treatment in northern Utah

After a 36-year-old man had a stroke, he and his wife say to be aware of the signs of stroke and that young people are also at risk.

11 months ago

Sponsored Articles

close up of rose marvel saliva blooms in purple...

Shannon Cavalero

Drought Tolerant Perennials for Utah

The best drought tolerant plants for Utah can handle high elevations, alkaline soils, excessive exposure to wind, and use of secondary water.

Group of cheerful team members high fiving each other...

Visit Bear Lake

How To Plan a Business Retreat in Bear Lake This Spring

Are you wondering how to plan a business retreat this spring? Read our sample itinerary to plan a team getaway to Bear Lake.

Cheerful young woman writing an assignment while sitting at desk between two classmates during clas...

BYU EMBA at the Marriott School of Business

Hear it Firsthand: 6 Students Share Their Executive MBA Experience at BYU’s Marriott School of Business

The Executive MBA program at BYU offers great opportunities. Hear experiences straight from students enrolled in the program.

Skier being towed by a rider on a horse. Skijoring....

Bear Lake Convention and Visitors Bureau

Looking for a New Winter Activity? Try Skijoring in Bear Lake

Skijoring is when someone on skis is pulled by a horse, dog, animal, or motor vehicle. The driver leads the skiers through an obstacle course over jumps, hoops, and gates.

Banner with Cervical Cancer Awareness Realistic Ribbon...

Intermountain Health

Five Common Causes of Cervical Cancer – and What You Can Do to Lower Your Risk

January is National Cervical Cancer Awareness month and cancer experts at Intermountain Health are working to educate women about cervical cancer.

Kid holding a cisco fish at winterfest...

Bear Lake Convention and Visitors Bureau

Get Ready for Fun at the 2023 Bear Lake Monster Winterfest

The Bear Lake Monster Winterfest is an annual weekend event jam-packed full of fun activities the whole family can enjoy.

US should recognize American Samoans as citizens, judge says