Pago Pago, AMERICAN SAMOA — The federal case dealing with US citizenship for person’s born in American Samoa is one of the issues that will be discussed and will probably raise many questions, during the Governor’s 2018 Youth Empowerment Summit set for July 1-2 at the Pago Pago Youth Center.

So far, two separate cases have landed in federal court in which US nationals born in American Samoa sued the federal government arguing that because they were born in American Samoa, a US territory, they are entitled to citizenship under the 14th Amendment, the Citizenship clause of the US Constitution.

The first case, in which local resident Leneuoti Tuaua was the lead plaintiff, was dismissed by the federal court in Washington D.C. and that decision was later upheld by the federal appeals court in D.C.

The second case was filed March this year at the federal court in Salt Lake City, Utah and the plaintiffs in this litigation are making similar arguments as in the Tuaua case. (See Samoa News edition Mar. 28 for details.)

Youth Summit chairman, Tapaau Dr. Daniel Aga said yesterday that the “Empowerment Youth Summit on Self-Determination & Hope” will “feature 4 critical issues confronted by American Samoans today.” One of these issues is US citizenship.

He explained that two leading legal figures — Attorney General Talauega T. Ale and Kenneth Kuaea of the Kuaea Group — will sit on the  panel prepared for the 300 youth expected to attend the summit on Monday, July 1.

Six questions have been prepared for the panel, according to a statement yesterday from summit organizers that also included a brief response:

•    Why are we US Nationals?

Answer: If you were born in American Samoa, you were born a US National. The US has not extended the right of US citizenship to people born in the territory of American Samoa.

•    Can I become a US citizen if I want to?

Answer: Yes. But you have to move to the US and live, apply and pay a fee, and meet US Immigration and Naturalization requirements.

•    What is birthright citizenship?

Answer: A US constitutional right given to people born in states. US Congress has to pass a law for people in territories to get this right.

•    Is US citizenship by birth good or bad for American Samoa?

Answer: Learn the different views and weigh each — during the summit.

•    Do we as a people have a choice if we want to become US citizens or not?

Answer: This is what self determination is about – the right to make fundamental decisions for ourselves.

•    Can we become US citizens by birth but also protect Samoan rights to land and culture?

Answer. If Congress passes laws to protect Samoan lands and culture, then “yes.” Otherwise, federal courts could decide that Samoan land laws are “racist.”

BACKGROUND

In the Tuaua case, the democratically elected leaders of American Samoa - Gov. Lolo Matalasi Moliga, the late former Congressman Faleomavaega Eni Hunking and current Congresswoman Aumua Amata — opposed birthright citizenship. “This is the irony of American Samoa – instead of securing further integration with birthright citizenship, our act of self-determination was to oppose it,” Tapaau said yesterday.

In the second case, ASG and the Congresswoman have already filed a motion to intervene in this litigation but there is no timeframe as to when the court will make a decision on the motion. (See separate story in today’s edition for update on the motion to intervene.)

Meanwhile, many local residents — those currently residing in American Samoa — contacted Samoa News complaining about the headline used by US news outlets  in reporting the case filed at the Salt Lake City federal case.

Many residents argued that the headline — which was usually similar, American Samoa residents sue for US citizenship — “is very misleading” because the three American Samoans who filed the complaint are residents of Utah and not currently living on island.

Samoa News notes the national story does note that the three America Samoans are living in Utah — but born in American Samoa.