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Photo: 123rf That appeals court s decision reversed a federal court ruling from 2019, in Fitisemanu versus the United States, that recognised American Samoans as US citizens. The Citizenship Clause of the Fourteenth Amendment guarantees that ll persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States. But because of a federal law labelled by some as discriminatory, people born in American Samoa are labelled as nationals, but not citizens, of the United States . In their June decision, the panel for the Tenth Circuit relied on an expansive interpretation of the much-criticised Insular Cases [a series of US Supreme Court opinions on US territories] and ignored the clear command of the Supreme Court in the 1898 Wong Kim Ark decision to rule that citizenship is not a fundamental right in overseas territories and depends on Congress whims, not the Constitution.

American samoaUnited statesWong kim arkCharles alailimaJohn fitisemanu johnfitisemanuJohn fitisemanuSupreme courtCircuit courtThree american samoansAmerican samoansCitizenship clauseFourteenth amendmentTenth circuitInsular casesKim arkNeil weare