Federal appeals court hears A. Samoa citizenship suit
PAGO PAGO, American Samoa (The Samoa News/PIR)—American Samoa Delegate Aumua Amata has joined the territorial government as an “intervenor” in the citizenship lawsuit, with oral arguments heard yesterday at the federal appeals court in Washington, D.C.
Plaintiffs in the case, led by local resident Leneuoti Tuaua, have argued that the citizenship clause of the U.S. Constitution applies to persons born in American Samoa, and therefore they should have been given automatic citizenship.
Defendants, which include the U.S. Department of State and the Secretary of State, disagree, arguing that only Congress has the authority to grant U.S. citizenship to “outlying territories” such as American Samoa.
The lower court agreed and dismissed the lawsuit filed by the plaintiffs, who then appealed the case. Both sides have already filed written briefs—including individuals participating in the appeal as ‘amici curiae’, or friends of the court.
Washington, D.C.-based attorney for the intervenors Michael Williams told Samoa News that he expects the appeals court will issue a decision in the next couple of months, adding that the Court of Appeals ordinarily decides all of its cases for a particular term by the summer and often issues decisions much sooner than that.
Asked what his oral arguments centered on and the judges’ reaction, Williams said the judges were well prepared and asked insightful questions about the role of American Samoa in both American history and contemporary constitutional law.
“The court appeared to appreciate both sides of this case, acknowledging the need to protect Samoan nationals from unfair discrimination while maintaining the right of the Samoan people to determine their political status,” he said yesterday after the hearing. “It is encouraging that the court seemed to understand the unique, vibrant culture of American Samoa and the importance of preserving the traditional Samoan way of life.”
Assistant U.S. Attorney, Kelly Wynne, who argued for the defendants, said, “Unfortunately, I cannot comment at this time.” Wynne referred additional questions to William Miller, spokesman for the U.S. Attorney’s Office for the District of Columbia. (Fili Sagapolutele)
