American Samoans granted US birthright citizenship for the first time, in a landmark ruling in Utah
Judge Clark Waddoups has ruled in favour of three American Samoan plaintiffs, that they should be included in the US Constitution's grant of birthright citizenship stating that American Samoans are US citizens and should be issued new passports reflecting that.
Although American Samoa is a US territory, American Samoans have to date been deemed non-citizen nationals.
The ruling occurred in a district court in Utah, where a group of American Samoans living in the state had filed a lawsuit.
They argued that they should be considered US citizens under the 14th Amendment, which grants citizenship to anyone born in the US.
The Constitution's grant of birthright citizenship applied to anyone born in a US state or territory.
"This court is not imposing 'citizenship by judicial fiat.' The action is required by the mandate of the Fourteenth Amendment as construed and applied by Supreme Court precedent," wrote Judge Clark Waddoups in the US District Court for the District of Utah.
"Further, Plaintiffs are American Samoans. They brought this action seeking to realize their rights to citizenship under the Fourteenth Amendment," he added. It's unclear whether Waddoups' order applies to American Samoans beyond Utah.
"It's an overwhelming victory but it's the first step in what will likely be several more steps," said Neil Weare, attorney for the plaintiffs and the president and founder of the non-profit Equally American.
People of other US unincorporated territories such as Puerto Rico, the Northern Marianas and Guam, already had US citizenship, but not American Samoans.
The anomaly has been a source of frustration for many American Samoans living on the US mainland where they have been ineligible for many federal opportunities.
It has prompted various challenges by American Samoans before the Utah lawsuit.
The plaintiffs in this case were John Fitisemanu, Pale Tuli and Rosavita Tuli.
The US federal judge has ordered the government to grant birthright citizenship to individuals born in America Samoa.