Tuaua v. United States

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Tuaua v. United States
Seal of the Court of Appeals for the District of Columbia.png
Court United States Court of Appeals for the District of Columbia Circuit
DecidedJune 5 2015
Holding
People born in American Samoa are not entitled to birthright citizenship under the Fourteenth Amendment to the United States Constitution

Tuaua v. United States is a court case, originally filed in 2012, [1] in which a group of American Samoans sued the State Department and the Obama administration. They sued to force the government to recognize American Samoans' birthright citizenship, arguing that the Fourteenth Amendment to the United States Constitution guarantees that anyone born in the United States is automatically granted citizenship. [2]

Contents

Background

The case originated as a complaint filed in 2012 in the U.S. District Court for the District of Columbia, by American Samoan and U.S. national Leneuoti Tuaua, who was prohibited from becoming a police officer in California because he was not a U.S. citizen. [3]

The case was docketed in the U.S. Court of Appeals for the District of Columbia in 2013. Briefs were filed on May 12, 2014, and an oral argument was made on February 9, 2015. [4] On June 5, 2015, the U.S. Court of Appeals for the District of Columbia ruled 3–0 to deny birthright citizenship to American Samoans, ruling that the guarantee of such citizenship to citizens in the Fourteenth Amendment does not apply to unincorporated U.S. territories. [5]

On February 1, 2016, attorneys filed a petition requesting that the Supreme Court of the United States review the Appeals Court's decision. [6]

On June 13, 2016, the Supreme Court denied certiorari, [7] meaning the case will not be heard, and the lower court's ruling stands.

Subsequent cases

In Fitisemanu v. United States , the U.S. Court of Appeals for the Tenth Circuit ruled 2–1 to reverse a lower court's decision that stated that American Samoans are entitled to birthright citizenship and to overturn the Insular Cases. [8] Despite Justice Gorsuch showing his willingness to overrule the Insular Cases in his concurrence in United States v. Vaello Madero, [9] the case was similarly denied certiorari on October 17, 2022.

See also

Related Research Articles

In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".

<span class="mw-page-title-main">Territories of the United States</span>

Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and Indian reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation." Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories.

The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars also include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979. The term "insular" signifies that the territories were islands administered by the War Department's Bureau of Insular Affairs. Today, the categorizations and implications put forth by the Insular Cases still govern the United States' territories.

<span class="mw-page-title-main">United States nationality law</span> History and regulations of American citizenship

United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is established as a right under the Constitution, not as a privilege, for those born in the United States under its jurisdiction and those who have been "naturalized". While domestic documents often use the words citizenship and nationality interchangeably, nationality is a broader term that refers to national identity and formal membership in a nation, while citizen is reserved to nationals who have the recognized status of citizenship.

<span class="mw-page-title-main">Procedures of the Supreme Court of the United States</span>

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office.

<span class="mw-page-title-main">History of American Samoa</span>

The islands of Samoa were originally inhabited by humans as early as 1000 BC. After being invaded by European explorers in the 18th century, by the 20th and 21st century, the islands were incorporated into Samoa and American Samoa.

<span class="mw-page-title-main">Neil Gorsuch</span> US Supreme Court justice since 2017 (born 1967)

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<span class="mw-page-title-main">American Samoan citizenship and nationality</span> Application of United States nationality and citizenship in American Samoa

American Samoa consists of a group of two coral atolls and five volcanic islands in the South Pacific Ocean of Oceania. The first permanent European settlement was founded in 1830 by British missionaries, who were followed by explorers from the United States, in 1839, and German traders in 1845. Based upon the Tripartite Convention of 1899, the United States, Great Britain, and Germany agreed to partition the islands into German Samoa and American Samoa. Though the territory was ceded to the United States in a series of transactions in 1900, 1904, and 1925, Congress did not formally confirm its acquisition until 1929. American Samoans are non-citizen nationals of the United States. Non-citizen nationals do not have full protection of their rights, though they may reside in the United States and gain entry without a visa. Territorial citizens do not have the ability for full participation in national politics and American Samoans cannot serve as officers in the US military or in many federal jobs, are unable to bear arms, vote in local elections, or hold public office or civil-service positions even when residing in a US state. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. Citizenship is the relationship between the government and the governed, the rights and obligations that each owes the other, once one has become a member of a nation.

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References

  1. Levine, Stephen (June 1, 2016). Pacific Ways: Government and Politics in the Pacific Islands. Victoria University Press. pp. 31–. ISBN   9781776560264 . Retrieved June 14, 2016.
  2. Levy, Pema (February 23, 2015). "Obama Administration Using Century-Old Racist Case Law to Block Citizenship". Mother Jones. Retrieved February 17, 2016.
  3. Newkirk, Vann R., II (March 30, 2016). "Testing Territorial Limits". The Atlantic. Retrieved June 8, 2016.{{cite web}}: CS1 maint: multiple names: authors list (link)
  4. "About Tuaua v. United States". We the People Project. Retrieved February 17, 2016.
  5. Levy, Pema (June 5, 2015). "A Federal Appeals Court Just Denied Birthright Citizenship to American Samoans Using Racist Caselaw". Mother Jones. Retrieved February 17, 2016.
  6. Wang, Frances Kai-Hwa (February 2, 2016). "American Samoa Citizenship Case Arrives at Supreme Court". NBC News. Retrieved February 17, 2016.
  7. "Order List" (PDF). Supreme Court of the United States . June 13, 2016. Retrieved June 14, 2016.
  8. "Fitisemanu v. United States, No. 20-4017 (10th Cir. 2021)". Justia Law. Retrieved June 20, 2022.
  9. Neil, Gorsuch (April 21, 2022). "United States v. Vaello Madero" (PDF). Supreme Court of the United States. Retrieved June 20, 2022.