alt Hacker News>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.
The United States is made up of… states. The United States also posesses some territories, which are not states. This is why Puerto Ricans got their citizenship by statue in 1917, rather than via the Fourteenth Amendment.
> American Samoa was included and considered in the United States and "subject to the jurisdiction" as recently as 2019…
No, it wasn't. That case was overturned on appeal. It remains under US jurisdiction; its people remain nationals, not citizens.
https://en.wikipedia.org/wiki/Fitisemanu_v._United_States
> The United States appealed and in a 2–1 decision the United States Court of Appeals for the Tenth Circuit reversed the district court decision with Judge Bacharach dissenting. The court cited one of the Insular Cases, Downes v. Bidwell, as a Supreme Court Precedent not to affirm the lower court's decision. The Court of Appeals also denied an en banc hearing, over the dissent of Judges Bacharach and Moritz.
> A petition for writ of certiorari was filed in the United States Supreme Court on April 27 and was discussed in their conference on October 14, 2022 and decided to deny certiorari on October 17, 2022.
https://en.wikipedia.org/wiki/Downes_v._Bidwell
> The decision narrowly held that the Constitution does not necessarily apply to territories. Instead, the US Congress has jurisdiction to create law within territories in certain circumstances, particularly those dealing with revenue, which would not be allowed by the Constitution for US states.