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Immigration Law

American Samoans are US Citizens - Fitisemanu v. US

Fitisemanu v. US

"Plaintiffs’ Motion for Summary Judgment, (ECF No. 30) is GRANTED.

a. Persons born in American Samoa are citizens of the United States by virtue of the Citizenship Clause of the Fourteenth Amendment. 8 U.S.C. § 1408(1) is unconstitutional both on its face and as applied to Plaintiffs.

b. The court enjoins Defendants from enforcing 8 U.S.C. § 1408(1). Defendants shall not imprint Endorsement Code 09 in Plaintiffs’ passports. Defendants shall issue new passports to Plaintiffs that do not disclaim their U.S. citizenship.

c. Any State Department policy that provides that the citizenship provisions of the Constitution do not apply to persons born in American Samoa violates the Fourteenth Amendment. 

d. Defendants are enjoined from enforcing any Department of State Foreign Affairs Manual provision that provides that the citizenship provisions of the Constitution do not apply to persons born in American Samoa.

e. Defendants’ practice and policy of enforcing 8 U.S.C. § 1408(1) through imprinting Endorsement Code 09 in the passports of persons born in American Samoa is contrary to constitutional right and is not in accordance with law. Pursuant to 5 U.S.C. § 706(2), Defendants are enjoined from further enforcement of that practice and policy.

SO ORDERED this 12th day of December, 2019. BY THE COURT: Clark Waddoups United States District Judge"