This may force the Supreme Court to assess the scope of birthright citizenship for the first time in more than a century.
. Yet a majority of the Supreme Court has never squarely held that individuals born in unincorporated territories may be denied American citizenship.
In the following decades, Congress extended birthright citizenship to the nation’s other territories. But it never did so for American Samoa. Today, individuals born on the island receive a passport that says: “THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN.” If they move to a state, they are not permitted to vote in elections or work in many government jobs because of their noncitizen status. American Samoa has the highest rate of military enlistment of any U.S.
The Department of Justice will appeal Waddoups’ decision to the U.S. Circuit Court of Appeals for the 10Circuit. The administration’s opposition here cannot be attributed to sheer bigotry. Barack Obama’s Department of Justice
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