American Samoan citizenship and nationality

Last updated

American Samoa consists of a group of two coral atolls and five volcanic islands in the South Pacific Ocean of Oceania. [1] The first permanent European settlement was founded in 1830 by British missionaries, who were followed by explorers from the United States, in 1839, and German traders in 1845. [2] Based upon the Tripartite Convention of 1899, the United States, Great Britain, and Germany agreed to partition the islands into German Samoa and American Samoa. [3] Though the territory was ceded to the United States in a series of transactions in 1900, 1904, and 1925, Congress did not formally confirm its acquisition until 1929. [3] [4] American Samoans are non-citizen nationals of the United States. Non-citizen nationals do not have full protection of their rights, though they may reside in the United States and gain entry without a visa. [5] Territorial citizens do not have the ability for full participation in national politics [6] and American Samoans cannot serve as officers in the US military or in many federal jobs, are unable to bear arms, vote in local elections, or hold public office or civil-service positions even when residing in a US state. [7] Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. [8] Citizenship is the relationship between the government and the governed, the rights and obligations that each owes the other, once one has become a member of a nation. [9]

Contents

History

Background (1722–1922)

The Dutch first sighted the Samoan Islands in 1722. The French later noted them in 1768, giving them the name Navigator Islands. No permanent European settlements occurred until John Williams of the London Missionary Society established a mission in the islands in 1830. [10] Charles Wilkes led the United States Exploring Expedition, which surveyed the islands and drafted commercial regulations in 1839 and in 1845, George Pritchard arrived as the British consul. The German trading firm J.C. Godeffroy & Sohn began commercial operations in the Samoan archipelago in 1857. [11] German expansion on the island included oil extraction and founding the first coconut plantations. [12] Struggle for control of the area by Western powers [13] eventually led to the Tripartite Convention of 1899, in which the United States, Great Britain, and Germany agreed to partition the islands into German Samoa and American Samoa. [14] [3]

Prior to 1898, all persons born in U.S. possessions were treated as having been born in the United States, and upon acquisition, provisions were made for collective naturalization of the inhabitants. After that date, possessions have been selectively judged to be foreign localities and not subject to the Citizenship Clause of the Fourteenth Amendment. [15] Under the Insular Cases (1901–1922), the US Supreme Court ruled that unincorporated territories and insular possessions of the United States, which were not on a path toward statehood, had limited applicability of the U.S. Constitution. At the time, these included Guam, the Philippines, and Puerto Rico, acquired in 1898 at the end of the Spanish–American War. According to the decisions, those born in insular possessions or unincorporated territories were not eligible for citizenship, though they were considered nationals and could hold a U.S. passport and gain diplomatic protection from the United States. [16] Because of the rulings, all persons in the U.S. outlying possessions were considered U.S. non-citizen nationals, until Congress chose to convey full rights of citizenship. [17]

Establishing nationality for American Samoa (1900–1951)

On February 16, 1900, the agreement was ratified, [3] and on April 17, Tutuila was ceded by Samoan chiefs to the United States. Four years later the Manuʻa Islands group were also ceded by their chiefs. [4] The islands came under the administration of the United States Navy with the proviso that US laws in the territory could not conflict with traditional Samoan custom. [18] Since ratification in 1900, all inhabitants born in American Samoa have been United States nationals and since 1906, when the US Congress passed special provisions, persons born in unincorporated territories can be naturalized in the United States. [19] Failure of the acting governor, Benjamin Franklin Tilley, to sign the Deeds of Cession, led to a thirty-year delay in formal recognition by the US government. The chiefs, who had exchanged their lands for US citizenship pressed for clarification of their status. [20] Swains Island was acquired and incorporated into American Samoa in 1925, [3] but the United States was indifferent to formal annexation of the island and incorporating its non-white inhabitants into equal partnership in the nation. [21] [22]

The Mau movement, which was push for independence and an end to colonialism, finally led to action by Congress to acknowledge Samoa. [23] Conflicts arose over naval laws and local custom, such as a 1919 law banning interracial marriage. The navy justified the law by arguing that it was protection against extinction of Polynesians and in agreement with other legislation in the United States. [24] However, in the United States at that time, two laws governed marriages between foreigners and US citizens. The 1855 Nationality Act required foreign women to automatically acquire the nationality of the husband upon marriage [25] and the Expatriation Act of 1907 definitively stated that US-born women lost their nationality upon marriage if their spouse was a foreigner. [26] [Notes 1] The miscegenation law fueled Samoan belief that the navy believed them to be an inferior and primitive people. [28] The initial demands of the Samoans in the Mau movement were creation of a local Samoan assembly with an executive council to advise on governance and the removal of naval administration, repeal of the anti-miscegenation law on marriage, publication of laws in the Samoan language, and various improvements to infrastructure. [29]

In 1928, in response to media pressure about the Mau movement and naval rule of American Samoa, a commission was formed to investigate conditions in the territory and make recommendations for legislation to address concerns of Samoans. [30] After consultations with Samoan elders and communities, in 1929, Congress confirmed the acquisition of the territory, designating its inhabitants non-citizen nationals of the United States. [3] [17] [31] The commission recommended that Congress collectively naturalize and extend federal citizenship to all inhabitants of American Samoa who were living in Samoa, Hawaii, or the United States on February 20, 1929, and that they create territorial citizenship for Samoans. [32] Because the Territorial Clause of the Constitution gave Congress sole authority to regulate on behalf of United States territories and possessions, [33] the matter of drafting an organic act for American Samoa rested with Congress. [31] Though an organic act was drafted in 1930, Congress never ratified it, in part due to the lack of support by naval personnel and in part due to fears of spending funds abroad when many people in the United States were suffering because of the Great Depression. [34] Instead, they drafted a Bill of Rights, which was added to the Code of American Samoa, gave more autonomy for local affairs to Samoan leaders, and created a commission to address land ownership disputes. [35]

Though islanders continued to press for an organic act, none was forthcoming, despite Congressional hearings being held in 1931, 1936, and 1937. [36] [37] In the late 1940s, island leadership requested that legislation on the citizenship of Samoans be curtailed for ten years. [36] The US Nationality Act of 1940 provided that American Samoans, born to US nationals who were indigenous to Samoa, on or after February 16, 1900, or on Swains Island on or after March 4, 1925, and in both cases before January 13, 1941, were non-citizen nationals of the United States. This was amended by the Nationality Act of 1952, to confirm the acquisition of non-citizen nationality by birth for those born in American Samoa on or after it was formally acquired. [3] Under international and domestic pressure at the end of World War II, the United States passed administration of the territory from the navy to the US Interior Department in 1951. [38] [39]

Current schemes

Domestic citizenship (1900–present)

In 1900, local administration was authorized by the "Declaration of the Form of Government", which established a judiciary system. In 1930, a Bill of Rights was added to the American Samoan Code and the secretary of native affairs and chief justice of the high court became separate offices. [40] In 1953, a constitutional committee was established in American Samoa and its first constitution was promulgated in 1960. [41] The constitution provided for organization of executive, judiciary, and legislative (known as the Fono) structures similar to the United States, but policies for each branch are dependent upon Samoan culture. [42] Among those policies are the concept of ʻaiga, a kinship system of regulating extended families and family leaders known as matai who regulate and protect community governance and communal land ownership. [43] Because the constitution was accepted by the Department of the Interior, rather than the US Congress, the territory remains unorganized. [36] In 1967, a revised Constitution was adopted in American Samoa. [42] Territorial citizens are allowed to vote in elections for the executive and House representatives and those who are US nationals and are twenty-five years old and have lived in American Samoa for five years can run for office. Senators are selected by matai in local council meetings. High judges are appointed by the Secretary of the Interior, and associate judges are selected by the executive from the matai. [44] Matai must be registered and the court has the authority to determine if candidates are qualified to represent their kin groups. [45] Land in American Samoa, unless they are freehold lands and not subject to communal family property requirements, cannot be owned by persons who have less than fifty percent Samoan blood and the person was born in American Samoa, is descended of a Samoan family, and intends to reside in the territory for life. [46] Since the decision in King v. Andrus (452 F. Supp. 11 D.D.C., 1977), trial by jury has been required in criminal cases in American Samoa. [47]

Federal citizenship controversy (1960–present)

Message in the passport of an American Samoan stating that the passport holder is a national, not citizen, of the U.S American Samoa US national not US citizen passport message.jpg
Message in the passport of an American Samoan stating that the passport holder is a national, not citizen, of the U.S

In 1960, discussion renewed on whether an organic act should be passed for American Samoa. [48] In 1969, such legislation was rejected because of concerns that conflicts in US law would damage the traditional social structure of the territory. [49] The issue was revisited in 1975, and though it was supported by Samoans, no change was made to the status of the territory, but it was granted official congressional delegate status for its delegate to the United States House of Representatives in 1978. [50] Despite changes in local ordinances, American Samoans do not have full protection of their constitutional rights, though they may reside in the United States and gain entry without a visa. [5] They cannot serve as officers in the US military or in many federal jobs, are unable to bear arms, cannot vote in federal or local elections outside of their territory, or hold public office or civil-service positions even when residing in a US state. [6] [7]

Because of the unequal status of territorial citizens, inhabitants have instituted legal actions to address discrepancies. In 2012, Leneuoti Tuaua, an American Samoan, filed suit after he was prevented from becoming a police officer in California. His suit claimed that all people in the United States have birthright citizenship under the 14th Amendment. In 2015, the United States Court of Appeals for the District of Columbia Circuit ruled in Tuaua v. United States (788 F.3d 300, D.C. Cir., 2015) that birthright citizenship as outlined in the Constitution is a vague concept and that it did not apply to American Samoa. [51] Though appealed to the US Supreme Court, the justices refused to review the decision. [52] In 2018, John Fitisemanu, an American Samoan who had lived and paid taxes in Utah for twenty years, sued the United States because of his inability to vote. [53] The government of American Samoa intervened with permission of the United States District Court for the District of Utah, arguing that US citizenship should not be imposed upon American Samoa. [54] In 2019, U.S. District Judge Clark Waddoups struck down the status of non-citizen nationals as unconstitutional and in violation of the 14th Amendment. [55] He rejected government attorneys' arguments based on Downes v. Bidwell (182 U.S. 244, 1901) as Downes was not a 14th Amendment issue, but rather involved taxation. [54] In 2021, a divided panel of the United States Court of Appeals for the Tenth Circuit ruled in Fitisemanu v. United States (No. 20-4017, 10th Cir. 2021) that "neither the Constitution nor Supreme Court precedent demands the district court's decision", and reversed it. [56] [57] A petition for a writ of certiorari in the case of Fitisemanu v. United States was denied on October 17, 2022 by the Supreme Court of the United States. [58] [59]

Notes

  1. ↑ Immigration appeals later confirmed that American Samoan women did not lose their nationality after 1922 upon marriage to foreign men, even if the husband was an excluded class, because the Cable Act, expressly stated that women citizens who married ineligible foreigners lost their nationality. As American Samoan women were non-citizen nationals, the law was inapplicable. [27]

Related Research Articles

<i>Jus soli</i> Birthright of anyone born in the territory of a state to nationality or citizenship

Jus soli, meaning 'right of the soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country.

<span class="mw-page-title-main">Territories of the United States</span> Overivew of historical and current U.S. territories

Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and Indian reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation." Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories.

<span class="mw-page-title-main">United States nationality law</span> History and regulations of American citizenship

United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is a right, not a privilege. While domestic documents often use citizenship and nationality interchangeably, nationality refers to the legal means in which a person obtains a national identity and formal membership in a nation and citizenship refers to the relationship held by nationals who are also citizens.

<span class="mw-page-title-main">Cable Act</span>

The Cable Act of 1922 was a United States federal law that partially reversed the Expatriation Act of 1907. (It is also known as the Married Women's Citizenship Act or the Women's Citizenship Act). In theory the law was designed to grant women their own national identity; however, in practice, as it still retained vestiges of coverture, tying a woman's legal identity to her husband's, it had to be amended multiple times before it granted women citizenship in their own right.

United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.

<span class="mw-page-title-main">Philippine nationality law</span> History and regulations of Philippine citizenship

Philippine nationality law details the conditions by which a person is a national of the Philippines. The two primary pieces of legislation governing these requirements are the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law.

The Constitution of American Samoa is the constitution that defines the government of American Samoa. Unlike constitutions of a state, it is subject to unilateral change by the federal government. Constitutional documents of the territory include the treaties that created it and the 1960 constitution approved by the federal government and popular referendum.

<span class="mw-page-title-main">Samoan nationality law</span>

Samoan nationality law is regulated by the 1962 Constitution of Samoa, as amended; the Citizenship Act 2004, and its revisions; the Citizenship Investment Act 2015; and international agreements entered into by the Samoan government. These laws determine who is, or is eligible to be, a national of Samoa. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Samoan nationality is typically obtained either on the principle of jus soli or under the rules of jus sanguinis. It can be granted to persons who have lived in the country for a specific period of time, who have contributed to the country's development, or who have an affiliation to the country through naturalisation.

<span class="mw-page-title-main">Chilean nationality law</span> History and regulations of Chilean citizenship

Chilean nationality law is based on both principles of jus soli and jus sanguini. Nationality law is regulated by Article 10 of the Political Constitution of the Republic of Chile. The legal means to acquire nationality, formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as citizenship.

<span class="mw-page-title-main">Mexican nationality law</span> History and regulations of Mexican citizenship

Nationality in Mexico is defined by multiple laws, including the 30th article of the Constitution of Mexico and other laws. The Constitution's 32nd article specifies the rights granted by Mexican legislation to Mexicans who also possess dual nationality. This article was written to establish the norms in this subject in order to avoid conflicts which may arise in the case of dual nationality. This law was last modified in 2021.

<span class="mw-page-title-main">American Samoa</span> U.S territory in the South Pacific Ocean

American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Centered on 14.3°S 170.7°W, it is east of the International Date Line and the Wallis and Futuna Islands, west of the Cook Islands, north of Tonga, and some 500 kilometers (310 mi) south of Tokelau. American Samoa is the southernmost territory of the United States and one of two U.S. territories south of the Equator, along with the uninhabited Jarvis Island.

Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish–American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal means by which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States nationals, persons are citizens of the United States and citizens of the Commonwealth of Puerto Rico within the context of United States Citizenship. Miriam J. Ramirez de Ferrer v. Juan Mari Brás. Citizenship, the rights and obligations that each owes the other, once one has become a member of a nation. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States. These differences have created what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.

<span class="mw-page-title-main">Citizenship of the United States</span> Legal status in the U.S.

Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as freedom of expression, due process, the rights to vote, live and work in the United States, and to receive federal assistance.

Birthright generation is a term used by immigrant advocates to identify US-born citizens, who are protected by the Fourteenth Amendment of the United States Constitution. It grants American citizenship to all babies born on American soil even if the child is born to one or both undocumented parents. Birthright citizenship may be also conferred either by jus soli or jus sanguinis. Under American law, any person born within the US, including the territories of Puerto Rico, Guam, the US Virgin Islands, and the Northern Mariana Islands and subject to its jurisdiction is automatically granted US citizenship.

Tuaua v. United States is a court case, originally filed in 2012, in which a group of American Samoans sued the State Department and the Obama administration. They sued to force the government to recognize American Samoans' birthright citizenship, arguing that the Fourteenth Amendment to the United States Constitution guarantees that anyone born in the United States is automatically granted citizenship.

Honduran nationality law is regulated by the Constitution, the Migration and Aliens Act, the 2014 Law on Protection of Honduran Migrants and their Families and relevant treaties to which Honduras is a signatory. These laws determine who is, or is eligible to be, a citizen of Honduras. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Honduran nationality is typically obtained either on the principle of jus soli, i.e. by birth in Honduras; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Honduran nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.

The United States Virgin Islands are a group of around 90 islands, islets, and cays in the Caribbean region in which inhabitants were claimed by Spain in 1493. No permanent settlements occurred in the Spanish period and the islands were colonized by Denmark in 1671. The inhabitants remained Danish nationals until 1917. From that date, islanders have derived their nationality from the United States. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States' nationals, Virgin Islanders are both citizens of the United States and [local] citizens of the Virgin Islands. Citizenship is the relationship between the government and the governed, the rights and obligations that each owes the other, once one has become a member of a nation.

Guam is an island in the Marianas archipelago of the Northern Pacific located between Japan and New Guinea on a north–south axis and Hawaii and the Philippines on an east–west axis. Inhabitants were Spanish nationals from 1521 until the Spanish–American War of 1898, from which point they derived their nationality from United States law. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States nationals, people born in Guam are both citizens of the United States and citizens of Guam. Citizenship is the relationship between the government and the governed, the rights and obligations that each owes the other, once one has become a member of a nation. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Guam's history as a territory has created both confusion over the status of its nationals and citizenship and controversy because of distinctions between jurisdictions of the United States.

The Marianas archipelago of the Northern Pacific contains fourteen islands located between Japan and New Guinea on a north–south axis and Hawaii and the Philippines on an east–west axis. Inhabitants were Spanish nationals from the 16th century until the Spanish–American War of 1898. As Guam became a territory of the United States the Northern Marianas were sold to Germany in 1899. The Northern Mariana Islands were a German protectorate until 1919, when they became part of the South Seas Mandate, administrated by Japan. At the close of World War II, the Marianas became part of the Trust Territory of the Pacific Islands. In 1975, the Commonwealth of the Northern Mariana Islands became a self-governing territory. In 1986, the Marianas came under the sovereignty of the United States when the trusteeship ended and US nationality and citizenship was conferred on the inhabitants of the territory.

Fitisemanu v. United States was a case in which the Supreme Court of the United States was asked to consider if the Insular Cases should be overturned and whether people living in American territories such as American Samoa are guaranteed birthright citizenship under the Fourteenth Amendment to the United States Constitution.

References

Citations

  1. ↑ Fenner, Speicher & Gulick 2008, p. 305.
  2. ↑ Kennedy 2013, pp. 1865–1866.
  3. 1 2 3 4 5 6 7 Whiteman 1967, p. 116.
  4. 1 2 Yeung 2016, p. 5-6.
  5. 1 2 Villazor 2017, p. 1673.
  6. 1 2 Lin 2019, p. 1262.
  7. 1 2 Vlahoplus 2018, pp. 401–402.
  8. ↑ Villazor 2017, pp. 1707–1708.
  9. ↑ Kerber 1997, p. 834.
  10. ↑ Kennedy 2013, p. 1865.
  11. ↑ Kennedy 2013, p. 1866.
  12. ↑ Kennedy 2013, p. 1867.
  13. ↑ Kennedy 2013, pp. 1885–1886.
  14. ↑ Kennedy 2013, p. "On 2 December".
  15. ↑ Venator-Santiago 2017, p. 515.
  16. ↑ Spiro 2015, p. 3.
  17. 1 2 Villazor 2017, p. 1676.
  18. ↑ Yeung 2016, p. 6.
  19. ↑ Venator-Santiago 2017, pp. 516–517.
  20. ↑ Yeung 2016, p. 7.
  21. ↑ Dardani 2020, p. 316.
  22. ↑ Laughlin 1980, p. 354.
  23. ↑ Dardani 2020, p. 322.
  24. ↑ Dardani 2020, p. 331.
  25. ↑ Sapiro 1984, pp. 9–10.
  26. ↑ Sapiro 1984, p. 10.
  27. ↑ Sharon 1950, p. 780.
  28. ↑ Dardani 2020, p. 333.
  29. ↑ Dardani 2020, p. 334.
  30. ↑ Dardani 2020, pp. 335–336.
  31. 1 2 Dardani 2020, p. 336.
  32. ↑ Dardani 2020, p. 339.
  33. ↑ Hein 2009, p. 433.
  34. ↑ Dardani 2020, pp. 339–340.
  35. ↑ Dardani 2020, p. 342.
  36. 1 2 3 Yeung 2016, p. 8.
  37. ↑ Dardani 2020, pp. 343–344.
  38. ↑ Lin 2019, p. 1259.
  39. ↑ Dardani 2020, p. 348.
  40. ↑ Weaver 2008, p. 348.
  41. ↑ Leibowitz 1980, p. 254.
  42. 1 2 Laughlin 1980, p. 362.
  43. ↑ Yeung 2016, pp. 8–9.
  44. ↑ Laughlin 1980, p. 365.
  45. ↑ Laughlin 1980, p. 366.
  46. ↑ Laughlin 1980, p. 368.
  47. ↑ Leibowitz 1980, pp. 261–262.
  48. ↑ Leibowitz 1980, p. 257.
  49. ↑ Leibowitz 1980, pp. 258–259.
  50. ↑ Leibowitz 1980, p. 260.
  51. ↑ Newkirk II 2016.
  52. ↑ Vlahoplus 2018, p. 401.
  53. ↑ Pacific Daily News 2020.
  54. 1 2 Price 2020.
  55. ↑ Romo 2019.
  56. ↑ Tenth Circuit opinion in Fitisemanu, et al. v. United States, et al.
  57. ↑ Pampuro, Amanda (June 16, 2021). "American Samoans Are Not Born Into US Citizenship". Courthouse News Service. Retrieved September 13, 2021.
  58. ↑ "Fitisemanu v. United States (Petition for writ of certiorari)" (PDF). Supreme Court of the United States. April 27, 2022. Retrieved June 19, 2022.
  59. ↑ (PDF) Supreme Court of the United States. October 17, 2022. Retrieved November 4, 2022.

Bibliography

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.