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February date set for oral arguments in Citizenship case

The federal appeals court in Washington D.C. has set for early next year oral arguments in the citizenship case, which is being monitored closely by local and off island Samoans as well as legal scholars on the U.S. Constitution.

 

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, disagreed, 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, which include individuals participating in the appeal as 'amici curiae', or friends of the court.

 

Some scholars on Constitutional issues and officials from Guam have filed amici briefs in support of the plaintiffs while a joint brief by out-going Congressman Faleomavaega Eni and the American Samoa Government is in support of the defendants.

 

All parties involved have been waiting to hear when oral arguments are to be held so the case can move forward. Last week the appeals court issued an order saying that oral arguments are scheduled for Feb. 9, 2015 and the composition of the argument panel will be released early next month.

 

Additionally, the court will issue later a separate order regarding the allocation of time for arguments, the order says.

 

Among the arguments cited by Faleomavaega and ASG in their joint brief is that a decision to grant automatic citizenship to persons born in American Samoa will have a devastating impact on Samoan culture, land, and political status.

 

But local attorney for the plaintiffs Charles Alailima said in October that “Our case narrowly addresses the issue of citizenship, and is separate and distinct from other important issues like land, culture, and American Samoa’s political status.”

 

ASG and Faleomavaega had also argued that the decision on citizenship should be made by residents of American Samoa not by a federal court miles away in Washington D.C.

 

Over the past several weeks Samoa News has received numerous emails—including from attorneys who specialize in Constitutional matters—seeking an update on this case, and asking when oral arguments will be heard.