A federal judge has ruled that those born in American Samoa are United States citizens and should be issued new passports.
The Thursday ruling from Judge Clark Waddoups in the U.S. District Court for the District of Utah came after American Samoans living in Utah brought the suit, arguing their opportunities to find employment have been hindered because they are not U.S. citizens.
“This court is not imposing ‘citizenship by judicial fiat.’ The action is required by the mandate of the Fourteenth Amendment as construed and applied by Supreme Court precedent,” Waddoups wrote. “Further, Plaintiffs are American Samoans. They brought this action seeking to realize their rights to citizenship under the Fourteenth Amendment.”
Neil Weare, the plaintiffs’ attorney, told CNN that despite the win, there will be more hurdles to come.
“It’s an overwhelming victory, but it’s the first step in what will likely be several more steps,” Weare, who is also president and founder of Equally American, a nonprofit group that advocates for the rights of those living in U.S. territories, said.
The Supreme Court declined to take up a similar case in 2016. In that case, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Constitution doesn’t grant citizenship for people born in American Samoa.
It remains unclear if Thursday’s ruling will apply to other American Samoans outside Utah.
American Samoa is a group of islands and atolls in the South Pacific. It became a U.S. territory in 1900, though residents born there are referred to as “nationals” and not “citizens.”
Their passports read, “The bearer is a United States national and not a United States citizen.”
“It doesn’t feel very good when the federal government says you’re American, but not quite the same as other Americans, just a little bit different. Just being able to say they’re real American citizens, I think that goes a long way, in addition to being able to vote,” Weare said.
American Samoans who are born in the territory are allowed to apply for U.S. citizenship, though in addition to potential legal fees, there is a $725 application fee.
