To fully protect the interest of the people of American Samoa in a case on appeal, the American Samoa government and Congressman Faleomavaega Eni have asked the federal appeals court in Washington D.C. to allow the pair to intervene in the citizenship lawsuit case, in which five American Samoan plaintiffs seek to overturn a decision by the lower court, which last year dismissed the plaintiff's claim that because they were born in American Samoa they are automatically U.S. citizens under provisions of the U.S. Constitution.

RIGHT TO INTERVENE

ASG and Faleomavaega argue that they have a direct substantial interest in this case and are so situated that disposing of the case may impede their ability to protect that interest.

The pair noted in their motion that ASG is the democratically elected government of the people of American Samoa, and Faleomavaega is the only elected representative of the American Samoa people to the U.S. Congress.

“A decision from this Court that the Citizenship Clause of the Fourteenth Amendment applies would impede the historical ability of the American Samoa Government to negotiate with the federal government about the naturalization status of American Samoans and the ability of... Faleomavaega to represent the Samoan people on this important issue before Congress,” it says.

The motion further points out that the interests of American Samoa will not be adequately represented by the parties to this action and noted that Faleomavaega had explained to the lower court in his amicus brief, that a ruling that the Citizenship Clause encompasses the people of American Samoa could have unintended and harmful effects on their culture.

ASG “shares this view” of the Congressman, according to the motion, which also noted that the plaintiffs and their non-Samoan amici (friends of the Court) are directly opposed to it.

“The plaintiffs assert individual harm based on their status as U.S. nationals, but they do not consider the potential societal harms that their proposed remedy could cause in American Samoa,” the motion states.

And although the U.S. defendants have taken the legal position that Proposed Intervenors advocate, the U.S. defendants have no particular interest in protecting the traditional way of life in American Samoa, it says.

According to the motion, ASG’s request to intervene is timely and will not prejudice any of the parties.  Additionally, the motion to intervene was filed in accordance with an initial order of the Appeals court.

Citing federal court case laws and other federal provisions of the law, the motion argues that ASG and Faleomavaega have standing to participate in this suit.

It went on to argue that the Samoan plaintiffs in the lawsuit “seeks to circumvent the historical role of ASG in negotiating with the U.S. about the rights of the American Samoan people, and this Court should not exclude the America Samoa Government from that litigation, particularly because the interests advanced by the Samoan Plaintiff are adverse to those advanced by the American Samoa Government.”

According to the motion, Faleomavaega also has personal interest at stake in the action. For example, if the Samoan plaintiffs succeed in this suit, “Faleomavaega will suffer several, specific harms”:

•            It will undermine his role as advisor to Congress on the question of Samoan citizenship;

•            It will nullify his ability to guide legislation through the House of Representatives on the subject of Samoan citizenship; it may preclude him from choosing U.S. national status in the future; and,

•            it could jeopardize his matai standing as Faleomavaega.