alt Hacker News"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
They are not born/naturalized in the United States, but one of its territories. "Subject to the jurisdiction" is satisfied, but the other part is not.
(We can grant citizenship to territories by statute, like Puerto Rico, but the Constitution does not mandate it. American Samoa, thus far, doesn't seem to want it.)
The history of this is all a bit gross. https://en.wikipedia.org/wiki/Insular_Cases
>They are not born/naturalized in the United States
They are clearly born in the United States, the territories are part of the United States. The United States is the sovereign state of American Samoa.
The point you're making is exactly the point I was making. We define by statue and court precedent which territories are magically included in this. American Samoa was included and considered in the United States and "subject to the jurisdiction" as recently as 2019: https://www.courthousenews.com/federal-judge-rules-american-...
All it may take is for congress to pass a change to 8 U.S. Code § 1401 to deny birthright citizenship to illegal aliens. Trump's EO ran afoul of this according to the dissent.