Samoans born in American Samoa, a U.S. territory, are not American citizens. They can work in the U.S., pay taxes, and are similar in many other ways to Americans. They cannot vote. Native Americans were not U.S. citizens though subject to U.S. and state laws until 1924 when an Act of Congress - The Indian Citizenship Act - granted them that right.
Recently, some Samoans have filed lawsuits to gain the rights of citizenship under the 14th Amendment which says:
"...all persons born or naturalized in the United States, and subject to the jurisdiction thereof" were declared citizens.
Over the years, Congress has decided on a per territory basis to allow those born in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands to claim citizenship by birth. But not Samoans. Their children born in the U.S., however, are U.S. citizens.
The lawsuits also contends that a racial bias to a SCOTUS decision known as the "Insular Cases". SCOTUS distinguished between "incorporated" and "unincorporated" territories. The former, such as Arizona and New Mexico, mostly settled by white people, were thought destined to be a permanent part of the U.S. The latter, such as American Samoa, weren't considered candidates for statehood, whose inhabitants were described as "alien races" and "uncivilized," and thus weren't granted full constitutional rights.
President Trump recently said that he could end such birthright citizenship that Samoan children born in the U.S. currently have a right to by executive order. Congress disagrees and has always passed Congressional Acts to do this as noted above.
Thousands of Samoans live in Utah, whose Congressional delegation is divided on the issue. Sen Mike Lee has introduced a bill that would end birthright citizenship. Both candidates for the Rep of the 4th District, for instance, oppose any such bill. That includes Mia Love (R), whose parents escaped Haiti when they were targeted by the government and who obtained her right of citizenship by birth. Her parents were in the U.S. legally. The President has recently removed protected status from a number of nations by executive order, including Haiti, which he termed a "shithole country". As are many Samoans in Utah, Love is a Morman.
She has said in the past:
“I have always opposed presidential attempts to change immigration law unilaterally. The Constitution gives Congress, not the president, the power to ‘establish a uniform rule of naturalization’ and the 14th Amendment makes the conditions of citizenship clear: Individuals born in this country are citizens.”
Recently, Trump in a post-election news conference noting that Love had lost her election, attributing her "loss" to not asking for his support, saying:
“Mia Love gave me no love and she lost. Too bad. Sorry about that, Mia.”
As final ballots are being counted in her District, Love has pulled ahead of her Democratic opponent.
Today we do not consider Samoans to be an "alien race" and "uncivilized". They are under the jurisdiction of the U.S. as defined by the 14th Amendment, but Congress has not granted them citizenship. Should removal of birthright citizenship only apply to those whose parents are here illegally, or to those whose parents are here legally, including those who are from an American territory like Somoa, but are not citizens? Almost all legal scholars feel that removal of birthright citizenship as defined by the 14th Amendment cannot be done by EO. On this point, the Utah delegation is united.
Rep John Curtis (R) has said:
“Birthright citizenship is protected by the 14th Amendment and would require a constitutional amendment to revoke that protected right. As a firm believer in our constitutional form of government and the separation of powers, the president cannot unilaterally alter the Constitution.”
