POLITICS + GOVERNMENT

Judge issues stay on American Samoan citizenship ruling

Dec 13, 2019, 6:04 PM | Updated: 6:50 pm

(Picture: John Fitisemanu, one of the plaintiffs in the case, provided by Equally American)...

(Picture: John Fitisemanu, one of the plaintiffs in the case, provided by Equally American)

(Picture: John Fitisemanu, one of the plaintiffs in the case, provided by Equally American)

SALT LAKE CITY – A federal judge in Utah who granted citizenship to people born in American Samoa is pushing the pause button on his own ruling.  He stayed it, pending a likely appeal from the government of American Samoa.

The plaintiffs in the case sued to be treated as American citizens, citing the citizenship clause under the 14th Amendment as their legal claim.  When Judge Clark Waddoups agreed, many Pacific Islanders in Utah were elated.

Susi Lafaele with the Southern Utah Pacific Islanders Coalition says, “It was a really landmark decision.  It was joyous.  You couldn’t believe it.”

American Samoa became a U.S. territory back in 1900, but, people born there are labeled as “U.S. nationals” and not citizens.  That means they can’t vote or run for office, even though they pay taxes.  Lafaele says one of the plaintiffs in the case, John Fitisemanu, registered to vote as quickly as he could after the ruling.  However, that window has closed, for now, after Judge Waddoups issued the stay.

The American Samoan government argued against citizenship.  Officials say the ruling interferes with their rights to determine their own status, as individuals and as a nation.  They also called the ruling “particularly unwelcome and inappropriate.”  However, Lafaele says their group doesn’t see it that way.

“We see it as a separate issue.  We see citizenship as a separate issue from land, culture and history,” she says.

The U.S. government also fought against the ruling.  Officials contend that citizenship is an issue that should be left to Congress.  However, attorney Neil Weir believes it’s a constitutional matter.

“The text and the history of the Constitution on this are really clear.  Regardless of one’s ideological perspective, this is a constitutional issue where the framers were very clear that [citizenship] applies throughout the United States,” Weir says.

He says people born in every other U.S. territory are immediately granted citizenship, however, “American Samoa is the only place in the United States where you can be born and not recognized as a citizen,” he says.

Some legal analysts expect the matter to eventually be decided by the Supreme Court.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Politics + Government

rep phil lyman shown, he made comments about the bridge collapse in maryland...

Heather Peterson

LISTEN: Utah Rep. Phil Lyman blames Baltimore bridge collapse on DEI

Rep. Phil Lyman said the bridge collapse is because of "governors who prioritize diversity over the wellbeing and security of citizens."

2 days ago

WASHINGTON, DC - JANUARY 4: A view of the U.S. Supreme Court on Thursday morning January 4, 2024 in...

MARK SHERMAN

Supreme Court again confronts the issue of abortion, this time over access to widely used pill

Two years after the Supreme Court overturned Roe v. Wade and cleared the way for bans or severe restrictions on abortion in many Republican-led states, abortion opponents on Tuesday will ask the high court to ratify a ruling from a conservative federal appeals court that would limit access to the medication mifepristone, which was used in nearly two-thirds of all abortions in the United States last year.

2 days ago

File - The Instagram logo is seen on a cell phone in Boston, USA, Oct. 14, 2022. Instagram has star...

Associated Press

New Instagram feature limits display of political content

Instagram has started an automatic clamp down on the amount of political content appearing in its users' feeds.

3 days ago

Rep. Marjorie Taylor Greene...

Manu Raju, Melanie Zanona, Annie Grayer and Kristin Wilson, CNN

Marjorie Taylor Greene files surprise motion to oust Speaker Johnson, a sign of growing revolt from the right

Rep. Marjorie Taylor Greene of Georgia filed a motion, seeking to oust Speaker Mike Johnson from his position.

3 days ago

U.S. Second Gentleman Doug , and Tom Perez, Senior Advisor to President Biden and Director of the W...

Bridger Beal-Cvetko

Second gentleman, White House official tout federal funding to remove lead pipes in SLC

The Second Gentleman Doug Emhoff, visited with Salt Lake leaders Friday to tout federal investment in the workforce and clean drinking water.

5 days ago

FILE: A woman holds flavored vape on May 30, 2023. (Christopher Furlong/Getty Images)...

Allessandra Harris

Flavored vape products will no longer be sold in Utah

Governor Spencer Cox signed a bill this week that will ban the sale of flavored vape products in the state,

5 days ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Judge issues stay on American Samoan citizenship ruling